ESBD_406070_1744722579021_02. Statement of Work 601320000066085.pdf

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 910-27-66085

DATED: MARCH 2025

COMMERICIAL GARBAGE PICKUP/ DISPOSAL AND RENTAL OF ROLL-OFF CONTAINERS

PUBLICATION

This statement of work (SOW) is a product of the Texas Department of Transportation (TxDOT).

This SOW may not be sold for profit or monetary gain. If this document is altered in any way, the header and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

1. SCOPE: This SOW is to provide services for garbage disposal and container rental located in the Austin District.

2. LOCATION(S): Are specified on the Pricing Schedule. TxDOT reserves the right to add or delete facilities serviced under the contract. TxDOT will provide xx calendar day(s) written notice to the vendor for locations to be deleted or of any additional locations requiring service within the same area or region.

3. DEFINITIONS OF TERMS AND ACRONYMS

3.1. 33 U.S.C. 1251 – Summary of Clean Water Act.

3.2. 42 U.S.C. 6901 – Solid Waste Disposal Act.

3.3. 42 U.S.C. 7401 – Clean Air Act.

3.4. BPOR – Blanket Purchase Order Release – A written authorization to perform work under the contract listing the items of work to be performed and the cost based on the prices established in the BPO.

3.5. Code of Federal Regulations (CFR 40) – Protection of Environment, Chapter I:

Subchapters D, I, and N

3.6. Code of Federal Regulations (CFR 49) – Transportation, Subtitle B, Other Regulations relating to Transportation.

3.7. Contract – Any Purchase Order (PO) or Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting PO or

BPO.

3.8. POC – Point-of-contact.

3.9. Texas Water Code – Title 1, Chapter 1, Section 361.091, Health and Safety Code

3.10. TxDOT – Texas Department of Transportation.

4. 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 the services, including, but not limited to:

4.1. Texas Water Code – Title 1, Chapter 1, Section 361.091, Health and Safety Code

4.2. Code of Federal Regulations (CFR 40) – Protection of Environment, Chapter I:

Subchapters D, I, and N

TxDOT 910-27-66085

DATED: MARCH 2025

4.3. Code of Federal Regulations (CFR 49) – Transportation, Subtitle B, Other Regulations relating to Transportation

4.4. 42 U.S.C. 7401 – Clean Air Act

4.5. 33 U.S.C. 1251 – Summary of Clean Water Act

4.6. 42 U.S.C. 6901 – Solid Waste Disposal Act

5. VENDOR QUALIFICATIONS: The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing garbage removal and disposal for a minimum of three years within the past five years. Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business.

6. VENDOR PERSONNEL QUALIFICATIONS AND REQUIREMENTS: The vendor must provide the following personnel with the listed qualifications:

6.1. Drivers must:

6.1.1. Have a minimum of one year experience within the past two years in the services referenced in Para. 7. and must have the knowledge to develop and implement the service requirements in this solicitation.

6.1.2. Be primarily responsible for the calendar-to-calendar operation of the service in accordance with the requirements of the contract.

6.1.3. Be a permanent staff employee and serve as a constant primary point of contact for TxDOT.

6.1.4. Possess a valid driver license acceptable in the state of Texas.

6.1.5. Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

6.1.6. Have no more than two moving violations on driving record within the past three years.

NOTE: TxDOT reserves the right to request proof of qualifications.

7. SERVICE REQUIREMENTS: The vendor must:

7.1. 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.

7.2. Provide a primary point of contact.

7.3. Provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT.

7.4. Conduct driver license checks annually on vendor staff that drive to and from

TxDOT work locations to verify compliance with paragraph 6.1.

7.5. Only park in locations assigned by the designated TxDOT representative.

7.6. Not use restrooms for washing tools and equipment.

7.7. Ensure all personnel are fluent in English with the ability to receive, give, and understand written and oral instructions.

DATED: MARCH 2025

7.8. Conduct background checks using statewide DPS, Texas, and out-of-state county equivalent verification of criminal and sex offender background checks on all vendor’s permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the contract. Background checks must be within the last year of contract execution date and must be completed on any new employees throughout the life of the contract. The background checks must include, but not be limited to, the following:

7.8.1. Social Security number verification.

7.8.2. Statewide criminal and sex offender records for all Texas counties and out-of-state county equivalents based on the current and previous addresses of the applicant for the past seven years.

7.9. Begin work within ten business days after the issuance of written authorization from the authorized TxDOT representative.

7.10. Deliver the requested size trash container to the location as specified by the designated TxDOT representative. The trash containers must be:

7.10.1. Painted, undamaged, and in good condition.

7.10.2. Insect and rodent resistant.

7.10.3. Clear of any graffiti.

7.11. Provide pickup service of trash containers on an as-needed basis..

7.12. Provide periodic change out and cleaning of trash containers to maintain sanitary conditions.

7.13. Provide replacement trash containers during off-site cleaning (Ref. Para. 7.10.).

7.14. Ensure the container area is kept clean.

7.15. Ensure front-load trash containers have hatches or lid covers to keep animals and rodents out and to prevent rainwater from entering the trash container. Drain plugs shall be securely in place to prevent discharges.

7.16. Deliver or pick up trash containers between the hours of 7:30 a.m. through 5:30 p.m. or as specified by the designated TxDOT representative.

7.17. Have an adequate inventory of trash containers necessary to fulfill the requirements of the solicitation on an as-needed basis. Size and type of trash containers that are required:

7.17.1. 30 Cubic Yard Roll Off/Open Top

7.17.2. 40 Cubic Yard Roll Off/Open Top

7.18. Additional pick-up services frequency may be daily, weekly, bi-weekly, monthly or any other period of time specified by the designated TxDOT representative.

7.19. Additional landfill fee over 10 tons will require proof by weight ticket verifying the overage.

DATED: MARCH 2025

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

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

8.1.1. One service “call back” to correct the same problem within 30 calendar days.

8.1.2. Failure to deliver any portion of the work.

8.1.3. Failure to remove and dispose of garbage based on the frequency removal requirements as stated on Pricing List.

8.1.4. Any requirement not met as outlined in the service requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

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

8.2.1. Deliverables made early upon TxDOT personnel request.

8.2.2. Product upgrade substitution suggested and accepted at no additional cost to TxDOT.

8.2.3. Vendor commended for exceptional customer service, exceptional service provided.

9. TRAVEL: All travel and per diem must be included in the unit price.

10. ADDITIONAL INVOICING INSTRUCTIONS: The vendor must:

10.1. Invoice in accordance with Paragraph 4.03 of the Terms and Conditions attached and include the additional information listed below:

10.1.1. Documentation validating the invoice charges must be emailed to the designated TxDOT representative and include, but not be limited to:

10.1.1.1. Location of service.

10.1.1.2. Technician’s name with hours totaled.

10.1.1.3. Weight receipts of roll off garbage container.

10.1.1.4. Proof of payment from subcontractors or other entities which requires reimbursement from TxDOT contract.

11. TxDOT RESPONSIBILITIES: TxDOT will:

11.1. Provide a primary contract manager as the point of contact.

11.2. Point of contact for each location.

11.3. Provide access to TxDOT locations of trash containers.

11.4. Not pay fuel charges.

DATED: MARCH 2025

12. CONTRACT ADMINISTRATION: Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff. Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

12.1. 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.

12.2. Upon issuance of contract, 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 contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

12.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

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

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

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

12.2.5. Other areas as identified by the State of Texas Procurement and Contract

Management Guide version 3.0.