ESBD_437399_1752935038409_TDEM-RFP-1536 Debris Removal.pdf

Texas Division of Emergency Management

TDEM-RFP-1536

Debris Removal

RFP # TDEM-RFP-1536

PROPOSAL MUST BE RECEIVED BEFORE:

12:00 PM CT on July 21, 2025

NOTE: PROPOSALS must be submitted through AggieBid.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

Please plan ahead and submit your proposal early just in case you have technical issues.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award if one is made.

REFER INQUIRIES TO:

Bradley Jacobs, CTPM, CTCM

Unit Chief Contracts email: Bradley.jacobs@tdem.texas.gov

REQUEST FOR PROPOSAL

mailto:Bradley.jacobs@tdem.texas.gov

Table of Contents

SECTION 1. INTRODUCTION 4

1.1 Introduction

1.2 Brief History and Current Organization

1.3 Scope of Work

1.4 Award………………………………………………………………………………………………………4

1.5 Contract Term

1.6 Schedule of Events

SECTION 2. REQUIREMENTS 6

2.1 Technical Proposal

2.2 References

2.3 Specifications ……………………………………………………………………………………………………...6

SECTION 3. GENERAL INFORMATION 21

3.1 Submittal Deadline and Location

3.2 Submittal Instructions…………………………………………………………………………………….21

3.3 TDEM Contacts

3.4 Inquiries and Interpretations

3.5 Electronic State Business Daily Website

3.6 Open Records

3.7 Terms and Conditions

3.8 Proposal Components

SECTION 4. GENERAL TERMS AND CONDITIONS 23

4.1 General

4.2 Final Review and Approval

4.3 Definitions

4.4 Time of Performance

4.5 Default

4.6 Termination

4.7 Funding Out ……………………………………………………………………………………………. 25

4.8 Agreement Amendments

4.9 Independent Vendor Status

4.10 Right to Audit

4.11 Sales and Use Tax

4.12 Observance of Texas A&M Rules and Regulations

4.13 Non-Disclosure

4.14 Publicity

4.15 Severability

4.16 Non-Waiver of Defaults

4.17 Governing Law

4.18 Intellectual Property

4.19 Venue ………………………………………………………………………………………………………. 26

4.20 Export Control………………………………………………………………………………………………. 26

4.21 No Waiver ……………………………………………………………………………………………………27

4.22 Protecting The State of Texas From Malicious Espionage Activities By Foreign Adversaries ………… 27

SECTION 5. CONTRACTUAL REQUIREMENTS 28

5.1 Texas Public Information Act

5.2 Insurance Requirements

5.3 Indemnification

5.4 Other Benefits

5.5 Alternative Dispute Resolution

5.6 Prohibition Involving Human Trafficking

5.7 Not Eligible for Rehire

5.8 Boycotting Israel

5.9 Business with Certain Countries & Organizations…………………………………………………………29

5.10 Protecting the State of Texas from Malicious Espionage Activities by Foreign Adversaries……………29

5.11 Billing Resolutions

5.12 Payment

5.13 HUB Subcontracting Plan

5.14 Contract Monitoring ……………………………………………………………………………………. 30

5.15 Documentation …………………………………………………………………………………………...30

SECTION 6. EXECUTION OF OFFER 34

6.1 Proposer Affirmation

6.2 Texas Family Code Section 231.006

6.3 Substitute W-9

6.4 Direct Deposit

6.5 Signature

SECTION 7. RESPONDENT’S QUESTIONAIRE/COMPANY EXPERIENCE 36

7.1 Company Profile

SECTION 8. PRICING 37

SECTION 9.

EVALUATION CRITERIA FOR AWARD

9.1 Evaluation Information

9.2 Demonstration/Presentation

9.3 Evaluation Criteria and Weights

SECTION 10. NON-COLLUSION AFFIDAVIT 39

Appendix A – Insurance Requirements

Appendix B – HUB Subcontracting Plan

Appendix C – TDEM Standard Terms and Conditions…………………………………………………………………………………………43

SECTION 1

INTRODUCTION

1.1 Introduction

The Texas Division of Emergency Management (TDEM) is responsible for tracking and monitoring activities related to grant awards administered by the Department of Homeland Security (DHS), Federal Emergency

Management Agency (FEMA), and others. TDEM currently assists approximately 2,000 subrecipients in all phases of the response and award process and has over 10,000 individual constituents.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 Brief History and Current Organization

TDEM coordinates the state emergency management program, which is intended to ensure the state, and its local governments respond to and recover from emergencies and disasters and implement plans and programs to help prevent or lessen the impact of emergencies and disasters. TDEM implements programs to increase public awareness about threats and hazards, coordinates emergency planning, provides an extensive array of specialized training for emergency responders and local officials, and administers disaster recovery and hazard mitigation programs in the State of Texas.

TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the

State and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs. A comprehensive emergency management program includes pre and post-disaster mitigation of known hazards to reduce their impact; provisions for effective response to emergency situations;

and recovery programs for major disasters. Chapter 418 of the Texas Government Code lays out an extensive set of specific responsibilities assigned to the Division.

In 2019, the 86th Texas Legislature passed legislation signed by Governor Abbott which transferred the Texas

Division of Emergency Management from the Texas Department of Public Safety to The Texas A&M

University System.

1.3 Scope of Work

The intent of this Request for Proposal (RFP) is for the TDEM to acquire emergency debris removal services due to catastrophic circumstances and to eliminate immediate threats to life, public health, safety and to public and private property. TDEM intends to obtain competitive sealed proposals from qualified Respondents who can provide emergency debris removal services. The contract may result in multiple awards and no dollar amount or quantities are guaranteed. The contract award will be negotiated to meet the best value for the State of Texas.

1.4 Award

The intent of this RFP is to make multiple awards.

1.5 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for a period of one year until, with the option to renew for an additional one-year period, providing all terms and conditions of the original agreement remain the same and the extension is mutually agreed upon by all parties.

1.6 Schedule of Events

The review and approval of RFPs is a multi-step process that requires variable amounts of time.

Responders are advised that the projected “Formal Execution of Agreement” date as listed in the

“Tentative Timetable” may require extension.

Timetable

EVENT DATE

Issue RFP July 19, 2025, at 8:00 AM CT

Deadline for Submission of Proposals June 21, 2025, at 12:00 PM CT

Expected Contract Start Date TBD

SECTION 2

REQUIREMENTS

2.1 Technical Proposal

Provide a detailed plan on how you propose to provide the requested services based on your understanding of the current environment and the scope of work described in Section 1.3, Scope and further detailed below in

Section 2.3, Specifications, Respondent ‘s response shall clearly detail:

2.2.1 Vendor Qualifications

2.2.1.1 Summarize why the Respondent is the best company to provide the necessary services.

2.2.1.2 Provide resume of key individual(s) that would be associated/committed to the project.

2.2.2 General Requirements

2.2.2.1 Provide a detailed overview of your company’s ability to provide debris removal services.

2.2.2.2 Provide a summary of experience, including at least three completed projects with experience in federal compliance.

2.2 References

Respondents shall provide a list of references, a minimum of three (3), where services comparable in size, complexity, and/or scope have been performed in the last five (5) years. References shall include Company

Name, Contact Person, Company Address, Telephone & Fax Number and Email Address. TDEM reserves the right to contact these references to verify the vendor’s ability to perform these services. A negative reference may be grounds for the disqualification of your RFP response.

2.3 Specifications

The successful Respondent shall perform the Scope of Work to the extent necessary (a) for the proper execution and completion of the Work under the Contract; (b) to supervise and direct the Work in a safe manner and perform all Work in accordance with the Contract, Applicable Law, Applicable Permits and

Industry Standards; (c) to achieve Final Completion of the project; and (d) in conformance with the

Contract Documents and the Technical Specifications and such that the Work is in compliance with the

Contract, Industry Standards, Applicable Codes, Applicable Laws and Applicable Permits.

The successful Respondent is responsible for identifying, coordinating, and conforming scope, specifications, and recommendations of assigned project(s) to meet legal and regulatory parameters/constraints, codes and applicable requirements set forth by agencies, including, but not limited to the State of Texas, the Texas General Land Office (GLO), U.S. Environmental Protection Agency

(EPA), the Federal Emergency Management Agency (FEMA), the Texas Commission on Environmental

Quality (TCEQ), and any other local codes or agencies as they may apply.

Debris clearing, removal and disposal, and operation of debris management sites for the County(s) affected by the devastating flooding starting July 4, 2025. These services will only be utilized during emergency situations, and some items paid annually to maintain preparedness.

This project consists of the successful Respondent furnishing all qualified personnel, supervision, labor, services, materials, equipment, facilities, travel, overhead and incidentals necessary for Emergency

Services for Debris Clearing, Removal, Disposal, and Operation of Temporary Staging and Reduction

Sites, as assigned within the State of Texas. The work to be performed by the successful Respondent shall include, but are not limited to, the following:

The vendor shall furnish all labor, equipment and material necessary to provide debris clearing, removal and disposal, and operation of debris management sites for The Texas Division of

Emergency Management (TDEM). These services will only be utilized during emergency situations, and some items paid annually to maintain preparedness.

Respondent may receive input from the TDEM and shall take such input under advisement. When applicable, Respondents should refer to the Standards & Specifications, General Conditions, and General

Notices, Notes & Information for further details and information.

Under any awarded contract, work shall consist of clearing and removing any and all “eligible” debris as defined by Federal Emergency Management Agency (FEMA), all applicable State and Federal Disaster

Specific Guidance and policies, and/or as directed by TDEM. Work may include but not limited to

Examining debris to determine whether or not debris is eligible, burnable or non-burnable,

• Loading the debris,

• Hauling debris to approved Debris Management Sites (DMSs) or landfill(s),

• Reducing the debris,

• Hauling the debris to an approved disposal facility, and dumping the debris at the dumpsite or landfill,

• Debris not defined as eligible by FEMA or State or Federal disaster specific guidance or policies will not be loaded, hauled, or dumped under this contract unless written instructions are given to the vendor by TDEM. It shall be the vendor’s responsibility to load, transport, reduce, and properly dispose of any and all disaster generated debris which is the result of the event under which the vendor was issued a notice to proceed (NTP), unless otherwise directed by TDEM, in writing.

The vendor’s responsibilities may include, but is not limited to:

Vegetative Debris:

• Damaged and disturbed trees, tree limbs, bushes, shrubs, brush, untreated lumber, and wood products.

• Remains of standing trees which are clearly damaged beyond salvage.

• Whole trees, tree stumps, tree branches, tree trunks, and other leafy material

• Waterway debris

Construction and Demolition (C&D) Debris:

• Building materials, including wood structural members, concrete blocks, window glass, structural siding, and roofing materials including shingles or metal roofing panels.

• Household debris, consisting of damaged furniture and appliances, flooring materials, and the like.

• Treated timber, plastic, rubber products, sheet rock, cloth items, and carpeting materials.

• Metal Debris - Various thicknesses of corrugated metal and other thin sheet metal products.

Other debris (only if pre-authorized by TDEM):

• Tires

• White Goods, including refrigerators, freezers, stoves, and dishwashers.

• Soil, Mud, and Sand

• Vehicles and Vessels

• Electronics, including televisions and computers.

Description of Designated Area and Debris Management Sites

1. This emergency services contract is for post disaster debris removal from all types of catastrophic events, including natural and man-made, and their associated debris streams caused from the event.

Furthermore, this contract may be used for any combination of debris streams (of the debris types listed in this contract) and should not be construed to be preferential to any one type of debris. The quantity of work required to complete this contract is estimated; actual quantities may be more or less than the estimated amount used for bid pricing. Variation in the actual quantities is not grounds for renegotiation of contracted rates.

2. Vendor is expected to be present in the affected area during the duration of the event (when anticipated).

3. Vendor shall conduct a detailed on-site debris assessment of the debris to be removed, and consider the following:

• Amount and types of debris;

• Working conditions such as traffic, street/road width, and land use;

• Means of ingress and egress to work areas;

• All other factors affecting the removal and disposal work.

4. Vendor shall provide an on-site project manager to the affected area, and one assistant project manager.

The project manager and assistant project manager shall provide a telephone number to TDEM with which he or she can be reached for the duration of the project. The project manager will coordinate directly with the TDEM’s Debris Management Officers. The project manager and assistant project manager will be expected to have daily meetings with TDEM representatives. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, required coordination, and damage repairs. The vendor’s project manager must be available (24) twenty-four hours per day, or as required by TDEM. Additionally, vendor is responsible for providing primary and secondary contact information and updating TDEM immediately if this information were to change.

5. The vendor shall provide a Project Supervisor. The project supervisor will coordinate directly with

TDEM’s Debris Management Officers for debris management.

6. All debris identified by the TDEM shall be removed. The vendor shall make as many passes as necessary through the designated Right-of-Way (“ROW”), as directed by the TDEM, removing debris along a

County maintained ROW, public property, county parks, and facilities. ROW also includes any public

County property and any orphaned or private/gated roads as directed by TDEM. Partial removal of debris piles is strictly prohibited. The vendor shall not move from one designated work area to another designated work area without prior approval from TDEM or its representative; the vendor shall methodically complete passes before moving to another location (i.e., complete the street they are working on before moving to another). At the discretion of TDEM, any eligible debris, such as fallen trees, which extend onto the ROW from private property shall be cut at the point where it enters the

ROW, and that part of the debris which lies within the ROW shall be removed. The vendor shall not enter onto private property during the performance of this contract unless specifically authorized by

TDEM, in writing.

7. Vendor shall only deliver debris to approved landfills, final disposal sites, or debris management sites that have been permitted to receive disaster generated debris and adhere to all State, Local, and Federal laws and regulations.

8. Debris shall be reasonably compacted into the hauling vehicle. No limbs shall be allowed to protrude more than (6") six inches beyond the sides of the truck bed. Any debris extending above the top of the bed shall be secured in place so as to prevent it from falling off. Measures must be taken to avoid debris blowing out of the hauling vehicle during transport to the disposal site.

9. All debris will be mechanically loaded. Hauling vehicles that are hand loaded or that require mechanical assistance for dumping will not be permitted to dump at DMSs, unless approved in advance by TDEM.

10. Loose leaves and small debris in excess of one bushel basket shall be removed within the designated area unless specifically directed otherwise by TDEM. No debris shall be left on the road surface. No single piece of debris larger than (6”) six inches in any dimension shall be left on site unless specifically directed otherwise by TDEM. Hand crews and rakes are required, beginning in the second pass at a minimum. Residential debris removal areas shall be cleaned to the point that an average residential push lawn mower can safely mow the area.

11. All debris collected by the vendor shall become property of the vendor upon collection. Vendor may retain any recycling revenue from vegetation, white goods and electronics.

12. Unless otherwise directed by TDEM, titled or registered debris (such as vehicles, boats, and trailers) shall not be removed by the vendor. Such titled property will not become property of the vendor.

13. The vendor may be responsible for locating, acquiring, purchasing, leasing, maintaining, and managing of any DMSs. The vendor is responsible for restoring any DMSs to its original condition to the satisfaction of the property owner, abiding by all State and Federal legal and regulatory requirements, including environmental requirements. TDEM must approve and ensure proper permitting of all DMSs prior to each site beginning to process debris. TDEM may assist in permitting functions at the discretion of TDEM and the county assigned.

14. Tipping Fees: The vendor shall establish an account at a disposal location approved by the TDEM, negotiate a rate for the disposal of the material (i.e. tipping fees), and process/pay disposal invoices.

TDEM shall approve the disposal rate prior to finalization. The vendor shall invoice TDEM for payment of disposal invoices. Vendor takes notice that tipping fees ARE NOT included in the load and haul rate.

15. The vendor shall conduct the work so as not to interfere with the disaster response and recovery activities of Federal, State, tribal and local governments or agencies, or of any public utilities.

16. The County and/or TDEM reserves the right to inspect the DMSs, verify quantities, and review operations at any time.

17. TDEM may assign certain incorporated municipalities to the vendor for debris removal operations as a result of a debris specific interlocal agreement between the County and the municipality. The vendor shall not approach other jurisdictions on behalf of TDEM or the County.

18. Household Hazardous Waste materials. This contract may include the removal of household hazardous waste (HHW). If the vendor unknowingly removes household hazardous waste materials with debris, the vendor will separate the materials at the DMS (if applicable), following safe handling and proper procedures as detailed in the vendor’s Health and Safety Plan.

Performance, Mobilization, Hauling Units and Capacity

1. Vendor is expected to be present in the affected area during the duration of the event (when anticipated).

2. Immediately following the NTP by TDEM, Contractor shall meet with TDEM’s Debris Manager within 24 hours to discuss mobilization, hauling capacity, payment, record keeping, and reporting. Mobilization shall be considered incidental to the contract.

3. The vendor shall establish emergency road clearance teams within twenty-four (24) hours of NTP, if requested by TDEM.

4. Contractor shall commence mobilization immediately upon receipt of the NTP. Debris removal operations must begin within 24-48 hours of the NTP in the affected area and be functioning at 100% of capacity within

7 days. Vendor(s) shall ensure that a minimum of 80% of debris hauling units are operational at all times.

Liquidated damages shall be assessed each day. Due to changing operational needs as collection efforts progress or unforeseen circumstances, the daily minimum required hauling capacity may be reduced if approved in writing by TDEM.

5. Please note that self-loading equipment and double or tandem axle dump trailers are preferred. Also note that bobcats, skid-steers, gradalls and excavators are not acceptable loading devices but may be used if a special exception is granted by TDEM. Hauling units should have at least a 25 cubic yard capacity.

6. TDEM reserves the right to redistribute crews/teams/capacity, if desired. It is expected that debris removal operations will begin first in areas most heavily impacted and then moving to areas with lesser impacts.

TDEM reserves the right to expand or reduce the area assigned to the vendor(s) for debris removal.

Additionally, TDEM reserves the right to add additional contractors for debris removal to the areas assigned to the vendor(s) as TDEM deems appropriate.

7. Unless otherwise directed by TDEM, vendor shall operate hauling of debris from public rights of way and public property 7 days per week during day-light hours including holidays, unless otherwise approved by

TDEM in writing. Vendor shall conduct volumetric reduction operations at DMS sites 24 hours per day, 7 days per week, unless otherwise directed by TDEM in writing.

8. All work at the DMS sites, including site restoration prior to close-out, shall be completed within 30 calendar days of the last load of debris delivered to the final disposal location, unless TDEM authorizes additional time.

Debris Clearing

Emergency Road Clearance (PUSH) – Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to clear and remove debris from appropriate county roadways and waterways, to make them passable immediately following a declared disaster event. All roadways designated by TDEM shall be clear and passable within seventy (70) working hours of the issuance of a notice to proceed from TDEM to conduct emergency roadway clearance work. This may include roadways in municipalities within the appropriate county. Clearance of these roadways will be performed as identified by TDEM. Vendors shall provide equipment and labor rates on

Exhibit A., Fee Schedule, all other costs associated with this task shall be considered incidental to items.

Debris Removal, Disposal and Operations

ROW Vegetative Debris Removal - Vendor shall provide all labor, equipment, fuel, and miscellaneous costs to pick up and transport vegetative debris existing in the County ROW to a TDEM approved DMS or other designated disposal facility.

1. Vegetative debris existing in the County ROW is defined as debris resulting from a disaster which has been or will be placed along public rights-of-way, easements, County parks, alleys, debris staging areas, and other areas as designated by TDEM.

2. Removal of vegetative debris will be performed as identified by TDEM. TDEM will not pay for debris removed from unassigned incorporated areas.

3. This includes the removal, collection, hauling, and disposal of all stumps less than twenty-four (24) inches in diameter and any stump not originating in the ROW.

4. Entry onto private property (to include orphan roads, private roads, and/or gated communities) for the removal of vegetative hazards will only be permitted when directed by TDEM or its authorized representative. TDEM will provide specific Right-of-Entry (“ROE”) legal and operational procedures.

5. ROW debris pickup may include debris from orphan roads, private roads, and/or private gated subdivisions, as directed by TDEM.

ROW C&D Debris Removal

Vendor shall provide all labor, equipment, fuel, and miscellaneous costs to pick up and transport C&D debris existing in the County ROW to a TDEM approved landfill or other final disposal facility.

1. C&D debris existing in the County ROW is defined as debris resulting from a disaster which has been or will be placed along public rights-of-way, easements, property, County parks and as directed by TDEM.

2. Removal of C&D debris will be performed as identified by TDEM. TDEM will not pay for debris removed from unassigned incorporated areas.

3. It is intended that the vendor shall collect and transport the majority of C&D debris directly to an approved landfill, however the scale of some events may result in the need for DMS sites to handle C&D debris reduction. The use of DMS is subject to TDEM approval.

4. ROW debris pickup may include debris from orphan roads, private roads, and/or private gated subdivisions, as directed by TDEM.

Demolition, Removal, and Transport of Structures

Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to demolish structures on private property as directed by TDEM. Further, debris generated from the demolition of structures, as well as scattered C&D debris on private property, will be transported to a TDEM approved DMS(s) or other designated disposal facility.

1. Removal, transportation and disposal of demolished structures and scattered C&D debris on private property, will be performed as identified by TDEM.

2. Entry onto private property will only be permitted when directed by TDEM. TDEM will provide specific right of entry (ROE) legal and operational procedures. The vendor is required to strictly adhere to all

Local, State, and Federal legal and regulatory requirements for the demolition of structures.

3. The vendor is required to submit a ROE program plan to TDEM for approval prior to beginning demolition on private property.

Debris Removal from Private Property

Vendor shall only enter private property and utilize this pay item once given approval from TDEM or its designated representative. This pay item is intended for use when contractor vehicles are required to enter private property in order to remove debris.

DMS Management and Operations Services

Once DMS locations are determined, the vendor shall provide an address, GPS coordinates, estimated acreage, site layout overview, site management plan, and fire prevention and safety plan.

1. At its sole discretion, TDEM may provide DMSs to the vendor. The vendor remains responsible for maintaining and managing all debris operations at these sites. The vendor is responsible for restoring any

DMSs to its original condition to the satisfaction of the property owner, abiding by all Local, State and

Federal environmental regulatory requirements. DMS site preparation work is the responsibility of the vendor. The cost of the lease of the land is incidental to this pay item.

2. Based on the severity of the disaster, TDEM may task the vendor with locating additional sites available as DMSs.

3. TDEM does not warrant or guarantee the availability or use of any final disposal sites. The vendor must coordinate directly with owners of all final disposal sites. All final disposal sites must be approved, in writing, by TDEM. The vendor shall remain legally responsible for the handling, reduction, and final haul-out and final disposal of all reduced and unreduced debris. DMS operations and remediation must comply with all Local, State, and Federal fire, safety and environmental standards. Vendor reduction, handling, disposal, and remediation operations must be approved, in writing, by TDEM.

4. Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to manage and operate

DMSs for the acceptance, management, segregation, and staging of disaster related debris. DMS layout and ingress and egress plan must be approved by TDEM.

5. The management of DMSs includes assistance in obtaining necessary Local, State, and Federal Permits and operating in accordance with all Local, State, and Federal regulatory agencies.

6. Debris at the DMSs will be clearly segregated and managed according to the separately priced collection operations outlined in these specifications and attachments.

7. Vendor is responsible for providing DMS traffic control and dust control.

8. Vendor shall provide a tower from which TDEM, or its authorized representative can make volumetric load calls. The tower provided by the contractor will at a minimum meet the specifications provided in the

Debris Site Tower Specifications of this contract.

9. Vendor is responsible for operating the DMSs in accordance with Occupational Health and Safety

Administration (“OSHA”) guidelines.

10. The vendor shall submit a Fire Suppression Plan for each DMS for review and approval by TDEM and the County’s Fire Marshal’s Office. Changes to the Fire Suppression Plan must be submitted in writing for approval by TDEM or its designated agent. The vendor shall include the procedures for monitoring temperatures in stockpiled debris using temperature probes and mitigating actions for potential fire hazards in the Fire Suppression Plan, as required by Fire Marshal’s Office FMO Standard 1908, Wood

Waste And/or Recycling Facilities or any subsequent versions of this code. DMS site will not become operational until site is secure, and Fire Suppression Plan is approved.

11. Vendor shall provide full water tanks for fire suppression (separate from small tanks used for dust suppression) and other fire prevention/fighting items.

12. Vendor is responsible for notifying TDEM of any smoking piles, fire, theft, or vandalism, immediately after notifying the proper fire or law enforcement agency. Vendor is responsible for all costs necessary to control and extinguish a fire at a DMS site if one should occur.

13. Vendor must maintain sufficient equipment for DMS operation and fire prevention. At least one excavator 360 or larger and one bulldozer D4 or larger at a DMS site with debris under 100,000 cubic yards at all times. If debris volumes exceed 100,000 cubic yards, an additional excavator and bulldozer are required.

14. Upon completion of haul-out activities, vendor shall remediate the site to pre-disaster condition at their own expense to the satisfaction of the property owner, abiding by all State and Federal legal and regulatory requirements, including environmental requirements, and obtain a written release from TDEM or its authorized representative. Photographs of the site from pre-operations and post-operations shall be submitted to TDEM. Photographs shall include latitude and longitude, the general direction in degrees, and the nearest recognized address.

15. The vendor is responsible for providing all required temporary utilities required for debris removal operation at each DMS.

16. The vendor is responsible for providing twenty-four (24) hours per day, seven (7) days per week site security and fire watch for any DMSs under the vendor(s)’ control. Contact information for security shall be provided to TDEM.

17. Other vehicles authorized by TDEM shall be allowed haul to the DMSs. TDEM may establish public drop off sites at the DMS and/or at other locations and the vendor(s) will assist in managing the site upon direction by TDEM.

Soil Sampling and Analysis

Vendor must collect and analyze soil samples at each DMS in areas designated for ash storage, vehicle maintenance, fuel dispensing operations, and any areas where hazardous substances are or might be generated, stored or used, unless otherwise directed by TDEM. Samples must be collected prior to any operation at the site and analyzed in a timely manner. DMS close out samples must be collected, analyzed, and provided to TDEM for review within thirty (30) days after all operations at the site have ceased and all material and equipment have been removed from the site. Both sets of samples shall be taken from the same locations. The vendor shall utilize an independent laboratory to test samples and provide a copy of the results to TDEM, including a map of sampling locations. Analysis must include Total Petroleum Hydrocarbons (TPH), Resource Conservation and Recovery Act

(RCRA) metals and volatile organic compounds (VOCs). Samples shall be taken and analyzed utilizing the

Toxicity Characteristic Leaching Procedure (TCLP) methods. Soil sampling activities shall be the responsibility of the vendor and managed separately from other DMS activities. Mobilization costs associated with obtaining soil borings shall be considered incidental to the cost of the boring.

Reduction of Vegetative Debris (Grinding)

Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to reduce debris by grinding.

Reduction methods are at the discretion of TDEM. Grinding must be approved by TDEM prior to commencement of reduction activities. All un-reduced debris must be staged separately at the DMS.

Reduction of Vegetative Debris (Incineration)

At the direction of TDEM, vendor may provide all labor, equipment, fuel, and miscellaneous costs necessary to reduce debris by incineration. Reduction methods (controlled open-air incineration and air curtain burning) are at the discretion of TDEM. The vendor agrees that it shall not seek Texas Commission on Environmental Quality

(TCEQ) approval for incineration activities without TDEM approval. Once TDEM approval is received, the contractor is solely responsible for obtaining TCEQ approval themselves. Incineration must be approved by

TDEM prior to commencement of reduction activities. All un-reduced debris must be staged separately at the

DMSs.

Reduction of C&D Debris (Compaction)

Vendor must obtain approval to reduce C&D debris from TDEM. If approved for reduction by TDEM, C&D debris must be reduced via compaction in order for TDEM to compensate the vendor for reduction. Compaction is achieving 50% or greater reduction in volume, on average, unless otherwise approved by TDEM.

Load, Transport and Disposal of Reduced Debris

Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to load and transport reduced material existing at a TDEM approved DMS to a final disposal facility. All un-reduced debris must be transported to a final disposal facility separately from reduced debris. In the situation where a DMS is established at the same location as a final disposal facility, the vendor shall not charge TDEM a haul-out fee as described in this section and associated referenced bid sheets. The final disposal of all materials generated from the debris shall be in accordance with all Local, State, and Federal laws and regulations.

Load, Transport and Disposal of Unreduced Debris

Vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to load and transport unreduced material existing at a TDEM approved DMS to a landfill or final disposal facility. All un-reduced debris must be transported to a final disposal facility separately from reduced debris. The final disposal of all materials generated from the debris shall be in accordance with all Local, State, and Federal laws and regulations.

Removal of Hazardous Leaning Trees and Hanging Limbs

1. In areas identified and approved by TDEM, vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to remove all hazardous trees six (6) inches or greater in diameter, measured four and a half (4.5) feet from the base of the tree or chest height and hanging limbs two (2) inches or greater in diameter existing in the County ROW. Further, debris generated from the removal of hazardous trees and hanging limbs two (2) inches or greater existing in the County ROW will be placed in the safest possible location on the ROW and subsequently removed in accordance with the item described in “ROW Vegetative Debris Removal.” Hazardous leaning trees less than twelve (12) inches in diameter, measured three (3) feet from the base of the tree or at chest height, will be flush cut, loaded, and removed in accordance with item “ROW Vegetative Debris Removal”. TDEM will not compensate the contractor for leaning trees less than twelve (12) inches in diameter on a unit rate basis. If required by the TDEM, photographs must be taken before and after removal of hazardous leaning trees and hanging limbs and provided to TDEM. Photographs shall include latitude and longitude, the general direction in degrees, and the nearest recognized address. One photograph must clearly depict the diameter of the tree at the specified height or the limb.

2. Removal and transportation of hazardous tree twelve (12) inches or greater in diameter and hanging limbs two (2) inches or greater in diameter existing in the County ROW and private property will be performed as identified by TDEM. All disaster specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the contractor, in writing, by TDEM. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one (1) of the following requirements:

3. The tree is leaning in excess of thirty (30) degrees in a direction that poses an immediate threat to public health, welfare, and safety.

4. The tree is dead, twisted, or mangled as a direct result of the disaster and a certified Arborist can attest to the fact that the tree will die, and potentially create a falling hazard to the public.

5. The removal of hazardous trees is inclusive of the removal of root balls when the root ball poses a threat, and the tree is leaning more than thirty (30) degrees with 50% of the root ball exposed.

6. If FEMA rules were to change, the above requirements may be modified in a manner mutually agreeable to the vendor through a Change in Contract (CIC) form as provided by the County to match current

FEMA requirements.

Removal of Hazardous Stumps

1. In areas identified and approved by TDEM, vendor shall provide all labor, equipment, fuel, and miscellaneous costs necessary to remove, transport, and dispose of all hazardous uprooted stumps greater than twenty-four (24) inches in diameter, measured twenty-four (24) inches from the base of the tree existing in the County ROW. As directed by TDEM, the vendor shall provide fill for all root cavities.

Stumps measured twenty-four (24) inches from the base of the tree and less than twenty- four (24) inches in diameter will be considered normal vegetative debris and removed. TDEM will not compensate vendor for hazardous stumps less than twenty-four (24) inches in diameter, on a unit rate basis and instead will be considered normal vegetative debris. If required by TDEM, photographs must be taken before and after removal of hazardous stumps and provided to TDEM. Photographs shall include latitude and longitude, the general direction in degrees, and the nearest recognized address. One photograph must clearly depict the diameter of the stump at the specified height.

2. All disaster specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to the vendor, in writing, by TDEM. In order for hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following requirement:

a. Over fifty (50) percent of root ball is damaged or broken and heartwood is exposed. Tree stumps that are not attached to the ground will be considered normal vegetative debris and subject to removal. TDEM or its representative will measure and certify all stumps before removal.

3. If FEMA rules were to change, the above requirement(s) may be modified in a manner mutually agreeable to the vendor through a Change Order form as provided by TDEM to match current FEMA requirements.

Daily Standby Truck

If authorized by TDEM, vendor shall provide additional debris hauling units to be paid per day, plus mileage

(standard IRS mileage rate) and cubic yards hauled (based on the relevant line items). These debris hauling units would be utilized after the third pass is complete and as directed by TDEM.

Abandoned Vehicle Removal

Vendor shall be required to remove and haul abandoned vehicles in areas identified and approved by TDEM. The removed vehicles will be hauled to a TDEM approved staging area and subsequently disposed of by the appropriate regulatory agency. The removal, transportation, and disposal of abandoned vehicle removal includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies.

Animal Carcass Removal and Disposal

Vendor shall be required to remove and dispose of animal carcasses in areas identified and approved by TDEM.

The removal, transportation, and disposal of animal carcass includes obtaining all necessary Local, State, and

Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies.

ROW White Goods Debris Removal

Vendor shall provide all labor, equipment, fuel and miscellaneous costs associated with the removal of, transportation, and disposal of white goods. The removal, transportation, and disposal of white goods includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies. Preference shall be given to the recycling of white goods with respect to disposal options. Should the vendor prefer landfill disposal of white goods over recycling, TDEM must approve such plan prior to such disposal and the plan should state why the recycling of white goods is not feasible.

Removal and proper disposal of putrescible waste from refrigerators and freezers shall be considered incidental cost. TDEM will not pay for debris removed from unassigned incorporated areas. ROW debris pickup may include debris from orphan roads, private roads, and/or private gated subdivisions, as directed by TDEM.

ROW Electronics Removal

If authorized by TDEM, vendor shall be required to remove and dispose of electronics. The removal and disposal of electronics includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies.

ROW Tire Removal

If authorized by TDEM, vendor shall be required to remove and dispose of tires. The removal and disposal of tires includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all

Local, State, and Federal regulatory agencies.

Soil, Mud, and Sand Removal

If authorized by TDEM, vendor shall be required to remove and dispose of soil, mud, and sand. The removal and disposal of soil, mud, and sand includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies.

Refrigerant Removal

Vendor shall be required to remove and dispose of refrigerants from items containing refrigerants as approved by

TDEM. Refrigerants will be removed and disposed of by a certified technician before the unit is recycled or disposed of. The removal and disposal of refrigerants includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and Federal regulatory agencies.

Asbestos Removal

Vendor shall provide all labor, equipment, fuel and miscellaneous costs associated with the removal of, transportation, and disposal of asbestos. The removal, transportation, and disposal of asbestos includes obtaining all necessary Local, State, and Federal handling permits and operating in accordance with all Local, State, and

Federal regulatory agencies.

Roll-Offs

If authorized by TDEM, vendor shall provide dumpster roll-offs intended for use at a public drop-off site. Vendor will manage the drop-off sites and associated dumpsters. Vendor shall coordinate pick up and disposal of roll-offs as appropriate.

Photographs

When photographs are required, the following shall be displayed on the photograph: the latitude and longitude, the general direction in degrees, and the nearest recognized address.

Use of Local Resources

As per the Robert T. Stafford Act and FEMA regulations, the vendor will encourage the utilization of resources located within the disaster area, including but not limited to, procuring supplies and equipment, awarding subcontracts, and employing labor.

Health and Safety Plan

At no cost to TDEM, within thirty (30) days of award of this term contract, the successful vendor(s) shall submit a health and safety plan to the County for review and approval. The Health and Safety plan shall identify the vendor’s safety officer roles and responsibilities. The Health and Safety plan shall address the vendor’s safety plan by phase of debris management operations (mobilization, debris clearance, debris removal, demobilization).

The Health and Safety Plan shall address:

1. Available health and safety training,

2. Reporting/resolution procedures for identified health and safety issues,

3. Equipment safety procedures,

4. Adherence to all local, state, and federal safety requirements,

5. Adherence of Health and Safety plan by all subcontractors

6. Any additional information required for safe operation of the contractor during the term of this contract.

7. The vendor shall not commence any debris removal operations without a Health and Safety plan approved by the County. Any changes to the Health and Safety plan must be submitted to the County in writing for review and approval.

Quality Control/Quality Assurance Program

At no cost to TDEM, within thirty (30) days of award of this term contract, the successful vendor(s) shall submit a

Quality Control/Quality Assurance (QA/QC) plan for review and approval by TDEM. The plan shall address the vendor’s QA/QC plan by phase of debris management operations (mobilization, debris clearance, debris removal, demobilization). The vendor shall describe procedures to 1) minimize vehicle/personnel scheduling conflicts between vendor and debris monitoring staff, 2) minimize record keeping errors, and 3) train subcontractors on proper debris management operations. The vendor shall not commence any debris removal operations without a

QA/QC plan approved by TDEM. Any changes to the QA/QC plan must be submitted to TDEM in writing for review and approval.

Daily Coordination Meetings

The vendor shall provide debris management staff to attend daily project coordination meetings as required by

TDEM following the NTP, and cost shall be incidental.

Debris Site Tower Specifications

1. The vendor shall provide a minimum of one tower at each dumpsite for the use of TDEM representatives during their inspection of dumping operations. If ingress and egress of a DMS is of significant distance that TDEM or its representative are unable to verify the entering and exiting trucks, then the vendor may be required to provide a second tower. The inspection platform of the tower shall be constructed at a minimum height of ten (10) feet from surrounding grade to finish floor level, have a minimum eight (8) feet by eight (8) feet of usable floor area, be covered by a roof providing shade with two (2) feet overhangs on all sides, and be provided with appropriate railings and a stairway. Platform shall be enclosed, starting from platform floor level and extending up four (4) feet on all four (4) sides. Tower design(s) shall be prepared and sealed by a Professional Engineer. The expense incurred by the vendor for the construction of towers is an overhead expense contemplated as part of the vendor compensation.

Mechanical lifts are only acceptable as a temporary solution while towers are being built.

2. The vendor shall provide a minimum of two (2) portable toilets at each dumpsite for the use of TDEM representatives during their inspection of dumping operations. The toilet shall be provided prior to start of any dumping operations and kept in a sanitary condition by the vendor throughout the duration of operations. The expense incurred by the vendor for the operation of portable toilets is an overhead expense contemplated as part of the vendor’s. Care shall be taken to place tower at a sufficient distance away from any reduction operations. If necessary, dumping operations may be temporarily suspended by

TDEM due to unsuitable conditions at the tower. The cost of providing debris towers shall be considered incidental.

Equipment

1. Trucks or equipment designated for use under this contract shall not be used for any other work during the working hours of this contract. The vendor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the contractor mix debris hauled for others with debris hauled under this contract.

2. The equipment used under this contract shall be rubber tired and sized properly to fit the loading conditions. Excessive size equipment (above 100 cubic yard), permitted loads, and non-rubber-tired equipment must be approved for use on the road by TDEM.

3. Hand loaded vehicles are prohibited unless pre-authorized, in writing, by TDEM, following the event. All hand-loaded vehicles will receive an automatic fifty (50) percent deduction for lack of compaction. All trip tickets associated with hand loaded vehicles will require the words “hand loaded” to be written on the front of the trip ticket.

4. The cost of providing necessary equipment shall be considered incidental.

Traffic Control

1. The vendor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices at all vendor work areas.

2. Vendor shall provide qualified flag personnel where necessary to direct the traffic and shall take all necessary precautions for the protection of the work, and the safety of the public.

3. Highways, streets, or parts of…