ESBD_400716_1741280454704_601340000061044_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 20

601340000061044 March 11, 2025 3:00 PM

Amanda.Davenport@txdot.gov

Amanda.Davenport@txdot.gov

Amanda.Davenport@txdot.gov Amanda.Davenport@txdot.gov

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

LUBBOCK DISTRICT HEADQUARTERS

135 SLATON ROAD

LUBBOCK TX 79404-5201

United States

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 1.00 EA96222101501

ANALYSIS SERVICES, ENVIRONMENTAL MEDIA

INCLUDING SOIL ANDWATER

SHIP THIS ITEM TO THE FOLLOWING LOCATION

LUBBOCK DISTRICT HEADQUARTERS

135 SLATON ROAD

LUBBOCK TX 79404-5201

United States

Investigation and Delineation of surface soil.

Location:

Slide Rd and FM 1585 Lubbock, Texas 79424

2 1.00 EA96222103903

ANALYSIS SERVICES MISCELLANEOUS

ANALYSIS

SHIP THIS ITEM TO THE FOLLOWING LOCATION

LUBBOCK DISTRICT HEADQUARTERS

135 SLATON ROAD

LUBBOCK TX 79404-5201

United States

Page 1INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

IF RESPONDING, FORM MUST BE SIGNED. IF NOT RESPONDING. DO NOT RETURN THIS FORM.

Failure to sign will disqualify response.

Authorized Signature Date

Printed Name

By signing solicitation, respondent certifies that if the Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in 34 T AC Rule 20.306

Reporting and Consulting.

The following comments apply to the entire Solicitation

1. Description of Services: This solicitation is to establish a contract for Environmental Analytical Laboratory services for the TxDOT Lubbock District.

2. Emergency: This solicitation is for an emergency purchase made under Texas Government Code, §2155.137 and 34 TAC 20.82.

3. Electronic State Business Daily (ESBD): This solicitation is posted on the ESBD.

It is the responsibility of the interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

http://www.txsmartbuy.com/esbd

4. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

4.1. Solicitation No. 601340000061044

4.2. Statement of Work (SOW), TxDOT

962-22-61044. Dated March 2025

4.3. TxDOT Terms and Conditions, January

4.3.1. Payment will be made in

accordance with Part 4, Para. 4.04 (b,)

Page 2INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

5. Work Hours:

All work by the respondent must be performed between the hours of 8:00 a.m.

and 5:00 p.m., Monday through Friday, except on regularly-observed state and federal holidays.

6. Insurance Requirements: The respondent must provide to TxDOT an executed Certificate of Insurance for Services, Form 1950, per TxDOT Terms and Conditions, paragraph 5, within seven business days of request by TxDOT.

7. Estimated Quantities Quantities are estimates only to be used for the purpose of comparing responses.

The respondent must enter their unit price on Solicitation. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Solicitation.

TxDOT will order only the amount needed to satisfy operating requirements; no guarantee of any minimum or maximum purchase is made or implied. Total amount ordered must not exceed the aggregate contract amount unless additional funds are allocated, and the total contract amount is increased in accordance with the terms and conditions.

8. Contact Information The individuals listed below are the only authorized TxDOT contacts.

Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified.

Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, respondents may

Page 3INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

contact:

Primary Contact: Amanda Davenport CTCD, Phone: 903-283-0607 Email: amanda.davenport@txdot.gov

Secondary Contact: Lee Landes CPPB, CTCD, CTCM

Phone: 806-356-3304 Email: lee.landes@txdot.

9. Response Submission:

9.1. GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 9.3 to the email address as indicated on the “Instructions to Respondents” page.

9.2. The respondent shall not encrypt or

password protect response or embed documents within the response; each section must be its own separate document.

9.3. RESPONSE: Failure by the

respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

9.3.1. Section 1 – Signed Invitation for

Bid

9.3.2. Section 2 – Vendor Qualifications

and Experience Schedule: Complete and return detailing respondent qualifications and experience to include certifications or licenses required.

9.3.3. Section 3 – Vendor Personnel

Qualifications, Experience and References Schedule: Complete and return for each proposed key or respondent personnel position to include certifications or licenses required.

9.3.4. Section 4 – Texas Family Code

Schedule

Page 4INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

9.3.5. Section 5 – Addenda (if

applicable)

10. Post-Award Meeting: The successful respondent(s) may be required to attend a post award meeting with TxDOT within 10 business days after the award. If a post award meeting is scheduled, TxDOT will advise each respondent in writing of the location, date, and time. The purpose of the meeting is to discuss the terms and conditions of the award and to provide additional information regarding the contract. The vendor and TxDOT shall identify specific goals, strategies, and activities planned for meeting program area objectives.

11. Vendor Point of Contact:

Name:

Phone:

Email:

12. Vendor Verification of Federal Employer Identification Number:

Vendor to provide current company name:

Vendor to provide federal EIN:

If invoice will be submitted by, and/or payment made to an EIN or company name different from the vendor on the contract, vendor must complete the following to authorize payment:

EIN of company authorized to invoice for vendor:

Name of Invoicing Company:

EIN of company authorized to receive payment:

Name of company to be paid:

13. Preferences Check below if preference claimed under rule 34TAC 20.306.

Tie-Bid Preferences:

__ Supplies, materials or equipment

Page 5INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

produced in Texas or offered by a Texas bidder __ Agricultural products produced or grown in Texas __ Agricultural products and services offered by Texas bidder __ USA produced supplies, material or equipment __ Products produced at facilities located on formerly contaminated property __ Products and services from economically depressed or blighted areas __ Goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident

Source Preferences:

__ Products of persons with mental or physical disabilities __ Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code

386.001 Texas emission reduction plan

__ Manufacturer that has a recycle program for computer equipment __ Contractor providing foods of higher nutritional value Specification Preferences:

__ Point lines made of recycled materials, remanufactured, or environmentally sensitive materials including recycled steel __ Energy efficient products __ Rubberized asphalt paving materials __ Recycled motor oil and lubricants

If the name of your company is not printed on the heading of this solicitation, you must write the full name of company, full name of signer, mailing address, and respondent's employer identification number (EIN) on the face of the solicitation. To minimize identity theft, every company must have an employer Identification number (EIN), also known as a federal tax identification number, prior to award of a contract.

For information on obtaining your EIN, call 800-829-4933 or visit the following

Page 6INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

website:

https://www.irs.gov/businesses/small-bus inesses-self-employed/employer-id-number s

(NOTE: this link will not work if capitalization is used. Type in navigation bar using lower case letters)

14. Calendar of Events If anticipated date for contract award is the same as the term of service paragraph, remove the “Anticipated Date for Contract Award” from the calendar of events

Estimated Solicitation Posting Date:

03/06/25

Deadline for submission of questions:

03/07/25

Reference Paragraph 08 – Contact Information.

TxDOT Response to Questions to be posted by: 03/10/25

Response Due Date 03/11/2025, 3:00 p.m.

central time

Tentative Date for Contract Award:

03/12/2025

Page 7INVITATION FOR BID 02/26/2025

SOLICITATION NO: 601340000061044

OPENING DATE 03:00 PM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Davenport, Amanda

PHONE: 214/319-6570

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

STATEMENT OF WORK

TxDOT 962-22-61044 DATED: March 2025

1-16

ENVIRONMENT ALANALYTICAL LABORATORY SERVICES

1. SCOPE: This statement of work is to provide environmental analytical laboratory services for the analysis of environmental media for the TxDOT Lubbock District located at Slide Rd and FM 1585 Lubbock Texas 79424.

2. DEFINITIONS OF TERMS AND ACRONYMS

2.1. CFR-Code of Federal Regulations

2.2. CM - Contract Manager

2.3. COC- Chain of Custody

2.4. ISO/IEC 17025 - International Organization for Standardization/International

Electrotechnical Commission - Internationally recognized base document for the accreditation of laboratories

2.5. LIMS- Laboratory Information Management System

2.6. NELAC-National Environmental Laboratory Accreditation Conference

2.7. OSHA-Occupational Health and Safety Administration

2.8. PM - Project Manager

2.9. QA-Quality Assurance

2.10. QAP -Quality Assurance Plan

2.11. QC-Quality Control

2.12. RFA- Request for Analysis

DATED: March 2025

2-16

2.13. RG-Regulatory Guidance

2.14. SOP-Standard Operating Procedures

2.15. TAC- Texas Administrative Code

2.16. TCEQ- Texas Commission on Environmental Quality

2.17. TxDOT - Texas Department of Transportation

3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state and local applicable laws, standards and regulations necessary to perform to services including, but not limited to:

3.1. Title 40 CFR - Chapter I, Environmental Protection Agency

3.2. EPA 815-B-97-001, March 1997 Manual for the Certification of Laboratories Analyzing

Drinking Water, Fifth Edition

3.3. EPA SW-846 Manual, Test Methods for Evaluating Solid Waste, Physical and Chemical Methods, latest revision

3.4. TCEQ RG-366/TRRP-13Regulatory Guide latest revision

3.5. Title 29 CFR- Part 1910- OSHA- Subpart I, Personal Protective Equipment, and Subpart Z, Toxic and Hazardous Substances

4. BACKGROUND: In accordance with TAC 30, Part I, TxDOT is required to comply with certain environmental programs. To confirm compliance, TxDOT is required to collect and analyze environmental samples and provide the results of those sample analysis to the TCEQ and other regulatory agencies.

5. RESPONDENT QUALIFICATIONS: The respondent shall:

5.1. Be a company engaged in the business of providing analytical laboratory services for the analysis of environmental media by the EPA methods of a minimum of five years in the last seven years. Recent start-up businesses do not meet the requirements of this solicitation.

NOTE: A start-up business is defined as a new company that has no previous

DATED: March 2025

3-16 operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

5.2. Have a working laboratory located in Texas for performing all analysis. Any miscellaneous testing may be performed by the vendor's out of state laboratory or an approved subcontractor.

5.3. Be NELAC accredited under the Texas Laboratory Accreditation Program for all the laboratory analyses to be performed. If utilizing a subcontractor, have a

NELAC accredited subcontractor under the Texas Laboratory Accreditation

Program for those laboratory analyses where the respondent does not have

NELAC accreditation.

5.4. Have LIMS software for managing and reporting laboratory data.

5.5. Have available Electronic Data Deliverables (EDD) linked to the laboratory's LIMS to provide analytical data summaries via internet portal and e-mail.

6. RESPONDENT PERSONNELQUALIFICATIONSAND RESPOSIBLITES: The respondent shall provide the following personnel:

6.1. PROJECT MANAGER (PM): The PM shall have a minimum of three years' experience within the last five years in project management and customer and client service.

6.1.1. The PM's primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order.

6.1.2. The PM shall be a permanent staff employee and shall serve as a constant primary point of contact for TxDOT.

6.2. LABORATORY MANAGER: The Laboratory Manager shall have a

minimum of three years' experience within the last five years in managing

DATED: March 2025

4-16 an analytical laboratory. The Laboratory Manager shall have a bachelor’s degree in chemistry or any related scientific or engineering discipline from an accredited university.

6.2.1. The Laboratory Manager's primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order. The Laboratory Manager shall be a permanent staff.

6.3. LABORATORY QUALITY ASSURANCE (QA) OFFICER: The Laboratory QA Officer shall have a minimum of three years within the last five years as a QA officer in a NELAC accredited laboratory. The Laboratory QA Officer shall have a bachelor’s degree in chemistry or any related scientific or engineering discipline from an accredited

University.

6.3.1. The Laboratory QA Officer's primary responsibility shall be to perform oversight and review of quality control data, evaluate data objectively, independent of laboratory management influence and conduct internal audits on the entire technical operation. The QA officer:

6.3.1.1. May perform other duties (i.e. as the technical director or deputy technical director or other).

6.3.1.2. Shall be a permanent staff employee and report

directly to upper management, as defined in ISO/IEC

17025.

6.3.1.3. Be fluent in English with the ability to receive, give and understand written and oral instructions.

6.3.1.4. Not be excessively loud or use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

7. SERVICEREQUIREMENTS: The vendor must:

7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

DATED: March 2025

5-16

7.2. Provide all labor, materials and equipment necessary to meet the requirements of the specified services throughout the term of the purchase order.

7.3. Provide a primary point of contact.

7.4. Not perform any work requested by any third party on behalf of TxDOT.

TxDOT will not be responsible for payment of any work not ordered or authorized by

TxDOT. Failure to comply with this requirement will result in an unsatisfactory vendor performance.

7.5. Have an established, formal written QAP to ensure the legal sufficiency of the sample handling, analytical, and reporting procedures as outlined in

ISO/IEC 17025.

7.6. CURRENT NELAC REQUIREMENTS: Provide documentation to the designated

TxDOT representative including a current, valid NELAC certificate and a copy of a

TCEQ audit report indicating compliance with the NELAC requirement within one week of the award of a purchase order. For the term of the purchase order, provide a copy of each renewed NELAC certificate within one week of the renewal date of the certificate (Reference Paragraph 5.3.).

7.7. Provide analytical data sufficient to withstand scientific and legal challenges.

7.8. Securely store electronic data within the vendor's computer network including all file servers, personal computers, and LIMS to prevent unauthorized access to the data associated with this purchase order for the duration of the term of service and a minimum of five years after the expiration of this purchase order.

7.9. Begin work within 7 calendar days of the award of the purchase order or as agreed by TxDOT.

DATED: March 2025

6-16

7.10. Perform laboratory analysis protocols, in accordance with the EPA SW-846, as requested by TxDOT.

7.11. Provide cost estimates based on TxDOT documented procedures, for analytical services to be performed.

NOTE: Anticipated analytical delays beyond the service requirements shall be identified on the cost estimate submitted for the analytical services.

7.12. Provide a contamination free and well-ventilated workspace for the receipt of samples, in accordance with the EPASW-846.

7.13. Excavate an estimated of 1,575 Cubic Yards in place and 2,050 Cubic

Yards Loose.

7.14. Collect samples from shallow excavations advanced using a Rubber

Tire Backhoe.

7.15. Collect samples to a maximum depth of 5ft below grade surface (bgs) or refusal whichever occurs first.

7.16. Clean excavation equipment using a high-pressure washer prior to beginning the project and before exiting the project site.

7.17. Backfill soil excavations with excavated material and bring to surrounding grade in accordance with applicable TCEQ regulations and guidelines upon project completion.

7.18. Provide a final Field Activity Report (FAR) and Remediation Action Plan

(RAP) report to TxDOT for final concurrence

7.19. Document sample receipt per laboratory SOP. The SOP shall describe clear and unique laboratory identification of the sample that links all subsequent analyses to that sample.

7.20. Maintain security of the LIMS software to ensure that the assigned laboratory identification cannot be manipulated.

DATED: March 2025

7-16

7.21. Report any unusual interferences and problems to the designated TxDOT representative.

7.22. Submit documentation of rejected samples to the designated TxDOT representative within 24 hours of noting the non-conformance.

7.23. SAMPLE STORAGE: All samples and any extracts shall be stored under conditions that ensure integrity and preservation in accordance with EPA SW-

846. Samples and any extracts shall be stored for a minimum of 60 days after the acceptance of the data report for those samples.

7.24. Maintain sample and extract COC within the laboratory at all times for samples involved in litigation. All samples shall be handled by a limited number of staff, as samples are subject to subpoena.

7.25. MODIFIED ANALYTICAL METHODS: Research the specific analytical methods necessary to resolve any issues and obtain written approval from TxDOT, prior to the execution of work using any modified analytical method. It is the laboratory's responsibility to maintain documentation that supports the equivalency of any modified methods in use.

7.26. ANALYTICAL DATA SHEETS: Return completed analytical data sheets within the turnaround time as specified by the TxDOT POC. If additional analyses are requested after samples have already arrived at the laboratory, the turnaround time will be calculated from the date of the request of the additional analysis.

7.27. REPORT FORMATS: The vendor shall deliver electronic copies via email of sample analyses findings in the format set forth in Attachment A- Format for

Data Reporting, using one of the following:

7.27.1. Word Processing Text- Microsoft Word.

7.27.2. Spreadsheet-Microsoft Excel.

7.27.3. Database- Microsoft Access.

7.27.4. Image files-JPEG, BMP, PDF, TIFF or as requested by TxDOT.

DATED: March 2025

8-16

7.28. DOCUMENT STORAGE: Archive all documents associated with all samples submitted to the vendor by TxDOT at the vendor's location for a minimum of five years from the date of sample submittal, unless otherwise requested by TxDOT.

The documents shall be destroyed after the five-year period at no cost to TxDOT.

NOTE: The vendor must notify TxDOT prior to the destruction of the documents.

8. VENDOR DELIVERABLES: The vendor shall submit the following reports with each set of samples:

8.1. DATA REPORT PACKAGE: Data report package of sample analysis performed for TxDOT shall contain all the following information. Additional information may be requested by TxDOT.

8.1.1. Exception Report

8.1.2. Sample Report

8.1.3. Test Results

8.1.4. Report Title

8.1.5. Unique Report ID

8.1.6. Laboratory Name

8.1.7. Laboratory Address

8.1.8. Laboratory Phone Number

8.1.9. Client Name

8.1.10. Client Address

8.1.11. Sample ID (client and lab)

8.1.12. Date of Collection

8.1.13. Collector's Name

DATED: March 2025

9-16

8.1.14. TxDOT District Name

8.1.15. Sample Results

8.1.16. Analyte(s)

8.1.17. Concentration (if detected)

8.1.18. Units of Measure

8.1.19. Detection limit(s)

8.1.20. Method(s) [preparation method and analytical method]

8.1.21. Analyst's Initials

8.1.22. COC or RFA Number

8.1.23. Original of the COC and RFA

8.2. QUALITY CONTROLREPORT

8.2.1 Blank Results for Sample Set

8.2.2 Blank ID

8.2.3 Analyte(s)

8.2.4 Concentration (if detected)

8.2.5 Units of Measure

8.2.6 Detection limit(s)

8.2.7 QC Acceptance Limits

8.3. SPIKE RESULTS (i.e. matrix sample spike; blank spike, post digested spikes, or method of standard additions spikes)

8.3.1. Sample ID

8.3.2. Analyte(s)

8.3.3. Original Sample Value

DATED: March 2025

10-16

8.3.4. Spiked Sample Concentration

8.3.5. Units of Measure

8.3.6. %Recovery

8.3.7. QC Acceptance Limits

8.4. DUPLICATE RESULTS (including the matrix sample spike duplicate and sample duplicate, if applicable.)

8.4.1. Sample ld.

8.4.2. Analyte(s)

8.4.3. Original Sample Value

8.4.4. Duplicate Sample Value

8.4.5. Units of Measure

8.4.6. %Deviation

8.4.7. Quality Control (AC)Acceptance Limits

8.5. SURROGATE RESULTS (organics only)

8.5.1. Sample ld.

8.5.2. Surrogate(s) Added

8.5.3. Known Concentration

8.5.4. Measured Concentration

8.5.5. Units of Measure

8.5.6. %Recovery

8.5.7. QC Acceptance Limits

8.6. The vendor shall provide miscellaneous laboratory analyses necessary to

DATED: March 2025

11-16 complete work such as infrequent test methods not listed on the price schedule.

Miscellaneous services under this item shall not exceed $5,000 per job. The vendor shall provide a cost estimate to be pre-approved by TxDOT, prior to performing the work. Miscellaneous services with an estimated cost over

$5,000 per job will not be performed under the purchase order.

8.7. The vendor shall provide a cost estimate, including all materials, labor and equipment required to perform the additional services to the designated TxDOT representative. TxDOT will review and approve or deny the additional service.

TxDOT reserves the right to obtain service under a separate purchase order should it serve the best interest of TxDOT

9. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT.

9.1. An unsatisfactory performance determination includes, but is not limited to:

9.1.1. Three instances within one year where the analytical turn-around time exceeds the service requirements without prior approval by

TxDOT.

9.1.2. Two instances within one year where TxDOT is billed for analyses that are not authorized on a blanket purchase order release.

9.1.3. Out of control data reported at any time will result in immediate cancellation of the purchase order.

NOTE: Unsatisfactory performance may OR will result in a negative vendor performance report, or cancellation of the purchase order or both.

9.2. An exceptional performance determination includes, but is not limited to:

9.2.1. Deliverables made early upon TxDOT request.

9.2.2. Vendor commended for exceptional customer service;

exceptional service provided.

DATED: March 2025

12-16

10. PERSONNELCONTINUITYANDREPLACEMENT:

10.1. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM, account manager, any respondent personnel will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT.

10.2. The PM, account manager, any respondent personnel shall remain available for the entire term of the purchase order if that individual is employed by the vendor.

10.3. If TxDOT determines the PM, team member or other respondent personnel is unable to perform in accordance with the service requirements or to communicate effectively; the vendor shall immediately remove that person.

10.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

11. QUALITY ASSURANCE PLAN: The vendor shall provide a comprehensive, continuous, and measurable quality assurance program. The plan shall be prepared in accordance with

ISO/IEC 17025. TxDOT reserves the right to request a copy of the respondent's Quality

Assurance Plan, if required.

12. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to, wearing hard hats, safety shoes, goggles, etc. The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, in accordance with Title 29 CFR- OSHA

13. BUSINESS CONTINUITY PROCEDURES AND DISASTER RECOVERY PLAN: The respondent

DATED: March 2025

13-16 shall submit a business continuity procedures and disaster recovery plan limit one page which shall include the following:

13.1. Business continuity procedures that shall be implemented to fulfill all requirements of the purchase order including, but not limited to fire, theft, natural disaster, technical difficulty, workforce problems, equipment failure or other disruption of business.

13.2. A disaster recovery plan for this service that shall be maintained throughout the term of the purchase order. The vendor shall be responsible for all cost of disaster recovery.

14. CONFLICT OF INTEREST: The vendor, vendor's personnel and vendor's subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor's obligations regarding services authorized.

14.1. To avoid an appearance of a conflict of interest, any qualified non-TxDOT laboratory shall perform only one of the following types of testing on the same project:

14.1.1. Quality assurance certification testing.

14.1.2. Quality control testing.

14.2. The vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity(marriage) have not been employed or an employee or contracted agent for the firm in which he/she is performing testing services as required under the purchase order for a period not less than five years from the effective date of the purchase order. Furthermore, the vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity(marriage) have no financial interests of any kind in the firm in which he or she is performing testing services as required under the purchase order. Violation of this provision maybe grounds for termination of the purchase order.

14.2.1. First consanguinity (blood) is described as: A person is related to

DATED: March 2025

14-16 you by blood in the first degree if the person is your: Mother or father, brother or sister, son or daughter.

14.2.2. Affinity(marriage) is described as: A person who is: your spouse, or spouse's mother or father, brother or sister, son or daughter;

your brother's or sister's spouse, son's or daughter's spouse, stepmother or step-father.

15. INVOICING INSTRUCTIONS: The vendor shall provide:

15.1. ORIGINAL INVOICE: A comprehensive and detailed invoice. The original invoice shall be e- mailed to the e-mail address indicated on the purchase order to ensure timely payment and shall include the following:

15.1.1. Complete purchase order number.

15.1.2. Vendor Federal Employer Identification Number (ElN).

15.1.3. Date and time of service.

15.1.4. Location of service.

NOTE: Invoices requiring correction shall be re-submitted with a new invoice date.

15.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: Copy of the invoice and original documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include but not be limited to:

15.2.1. Copies of invoices from subcontractors or other entities to which vendor has made payment and requires reimbursement from TxDOT as agreed to in the purchase order.

15.2.2. Receipts for travel expenses as approved by TxDOT

15.3. Submit all invoices for all services performed under this purchase order whether services were provided by vendor's personnel or a subcontractor.

NOTE: TxDOT will not accept invoices from subcontractors or affiliates.

16. TxDOT RESPONSIBILITIES: TxDOT will:

DATED: March 2025

15-16

16.1. Provide a contract manager as the point of contact.

16.2. Provide the documented procedures for laboratory analysis required by

TxDOT. Procedures shall include but are not limited to the following:

16.2.1. Determine the number and type of samples of environmental media to be collected.

16.2.2. Request cost estimates from the vendor.

16.3. Be responsible for collecting, properly preserving, labeling, Chain-of

Custody, packaging and shipping the samples and submitting the

Request for Analysis (RFA) to the vendor.

17. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT Contract Administrator and TxDOT

Purchasing. TxDOT Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

17.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a purchase

Order Change Notice signed by the authorized TxDOT purchasing agent.

17.2. Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between the agency and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual's contract management and contract administration responsibilities include, but are not limited to:

17.2.1. Monitoring the vendor's progress and performance and ensuring services conform to established specification requirements.

17.2.2. Managing the financial aspects of the contract including approval of payments.

DATED: March 2025

16-16

17.2.3. Meeting with the vendor as needed to review progress, discuss problems and consider necessary action.

17.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

17.2.5. Other areas as identified by the Comptroller of Public Accounts

Procurement and Contract Management Guide, latest edition

4.0.

Revised January 2025 i

TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

TABLE OF CONTENTS

PART 1. INTRODUCTION

1.01 GENERAL

1.02 STATUTORY AUTHORITY

1.03 TITLE VI ASSURANCE

1.04 ENVIRONMENTAL IMPACT

1.05 COMPLIANCE WITH LAWS

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

2.02 RESPONSE SUBMISSIONS

2.03 PRICING

2.04 ADA CONSIDERATIONS AND NOTIFICATION

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

2.07 DETERMINING AWARD

2.08 PREFERENCES

2.09 DELIVERY

2.10 INSPECTIONS AND TESTS

2.11 VENDOR PERFORMANCE

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS

3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS

3.03 GRATUITIES

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED

3.05 ANTITRUST LAWS

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES

3.07 COLLUSION

3.08 INELIGIBILITY UNDER FAMILY CODE

3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR

3.10 DEBT TO THE STATE

3.11 RESPONDENT ELIGIBILITY

3.12 NEPOTISM DISCLOSURE

3.13 BOYCOTTING ISRAEL

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT

3.15 ANTI-TERRORISM OR TERRORIST ORGANIZATION PROHIBITED

3.22 BOYCOTTING ENERGY COMPANIES

3.23 FOREIGN ADVERSARIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING: NO PAYMENT WILL BE MADE UNDER THE CONTRACT WITHOUT THE PRIOR

SUBMISSION OF DETAILED AND CORRECT INVOICES WHICH COMPLY WITH THE FOLLOWING

REQUIREMENTS:

4.04 PAYMENT

(c) As otherwise stated in the solicitation

4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.08 SITE VISITS

ii

4.09 NON-WAIVER OF RIGHTS

4.10 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

4.11 VENUE AND JURISDICTION; APPLICABLE LAW

4.12 VENDOR ASSIGNMENTS

4.13 FORCE MAJEURE

4.15 INDEMNIFICATION

4.16 DAMAGE TO TXDOT PROPERTY

4.17 PUBLIC INFORMATION ACT AND CONFIDENTIALITY

4.18 BUY TEXAS

4.19 COMPETENCE OF VENDOR

4.20 CORRECTIONS TO WORK

4.21 IT SERVICE CONTRACTS SECURITY

4.22 NOTICES

4.23 PUBLIC DISCLOSURE

4.24 DISASTER RECOVERY PLAN

PART 5. INSURANCE

5.01 PRIOR TO CONTRACT AWARD

5.02 DURING TERM OF CONTRACT

5.03 WAIVER OF SUBROGATION ENDORSEMENT

5.04 WORKERS’ COMPENSATION INSURANCE

5.05 WORKERS’ COMPENSATION INSURANCE FOR BUILDING AND CONSTRUCTION

SERVICES

5.06 COMMERCIAL GENERAL LIABILITY INSURANCE

5.07 COMMERCIAL AUTOMOBILE POLICY

PART 6. VENDOR PERSONNEL MANAGEMENT

6.01 INDEPENDENT CONTRACTOR

6.02 ALCOHOL, DRUG, AND SMOKE-FREE WORKPLACE

6.03 REPLACEMENT OF PERSONNEL

6.04 LABOR/MATERIAL/EQUIPMENT

6.05 ENGLISH-SPEAKING STAFF

6.06 FELONY CRIMINAL CONVICTIONS

6.07 SUBCONTRACTING REQUIREMENTS

6.08 PAYMENT OF SUBCONTRACTORS

6.09 VENDOR TITLE VI AFFIRMATIONS

6.10 E-VERIFY

PART 7. DISPUTE RESOLUTION

7.01 DISPUTE RESOLUTION

PART 8. CONTRACT TERMS

8.01 TERM OF CONTRACT

8.02 ORDER OF PRECEDENCE

8.03 TERMINATION OF A CONTRACT

8.04 REMEDIES:

8.05 SALE OR ASSIGNMENT

8.06 RENEWAL OF CONTRACT

8.07 EXTENSION OF CONTRACTS

8.08 SEVERABILITY CLAUSE

8.09 AMENDING THE CONTRACT: ALL ALTERATIONS, ADDITIONS, OR DELETIONS TO THE

CONTRACT MUST BE IN WRITING AND MUTUALLY AGREED UPON BY BOTH PARTIES AND

PUT INTO EFFECT WITH A PURCHASE ORDER CHANGE NOTICE ISSUED BY TXDOT. VENDOR

WILL NOT BE ENTITLED TO PAYMENT FOR ANY ADDITIONAL SERVICES, WORK, OR

PRODUCTS THAT ARE NOT AUTHORIZED BY A PROPERLY-EXECUTED PURCHASE ORDER

CHANGE NOTICE. ALL ALTERATIONS, ADDITIONS, OR DELETIONS TO THE TERMS OF THE

iii

CONTRACT THAT ARE REQUIRED BY CHANGES IN FEDERAL OR STATE LAW OR

REGULATIONS ARE AUTOMATICALLY INCORPORATED INTO THE CONTRACT WITHOUT A

PURCHASE ORDER CHANGE NOTICE AND WILL BECOME EFFECTIVE ON THE DATE

DESIGNATED BY SUCH LAW OR BY REGULATION

8.10. THIRD-PARTY BENEFICIARIES: THE CONTRACT IS MADE SOLELY AND SPECIFICALLY

AMONG AND FOR THE BENEFIT OF THE PARTIES NAMED HEREIN AND THEIR RESPECTIVE

SUCCESSORS AND ASSIGNS, AND NO OTHER PERSON WILL HAVE ANY RIGHT, INTEREST,

OR CLAIMS HEREUNDER OR BE ENTITLED TO ANY BENEFITS PURSUANT TO OR ON

ACCOUNT OF THE CONTRACT AS A THIRD-PARTY BENEFICIARY OR OTHERWISE

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

1 – 24

TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

2 – 24

(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter G. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error.