ESBD_464217_1761150002363_02. Statement of Work.pdf

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 936-34-45049 Dated: October 2025

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PORTABLE FIRE EXTINGUISHER SERVICES – ANNUAL INSPECTION MAINTENANCE,

REPAIR, AND RECHARGING

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 SOW is used in the procurement process by any other entity.

1. SCOPE:

This SOW is to provide services for preventive and remedial maintenance, inspection, and repair of portable fire extinguishers. The service shall include annual inspection and as-needed maintenance, repair and recharging of types ABC, BC, Halon, and CO2 portable fire extinguishers owned by TxDOT in the Beaumont District..

2. LOCATION(S):

Are specified on Attachment A: TxDOT Beaumont Locations. TxDOT reserves the right to add or delete facilities serviced under the contract. TxDOT will provide 10 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. 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

3.2. POC – Point-of-Contact

3.3. TxDOT – Texas Department of Transportation

3.4. TxDOT POC – TxDOT Point of Contact

3.5. ANSI - American National Standards Institute

3.6. 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

3.7. FLSA - Fair Labor Standards Act.

3.8. PM - Project manager

3.9. NFPA – The National Fire Protection Association

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:

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4.1. Texas Administrative Code, Title 28, Part 1, Chapter 34, Sub Chapter E Fire Extinguisher Rules

4.2. NFPA 1- Standard for Portable Fire Extinguishers, latest edition

4.3. ANSI/UL 711 - Rating and Fire Testing of Fire Extinguishers

4.4. UL 299 - Dry Chemical Fire Extinguishers

4.5. UL 154 - Carbon-Dioxide Fire Extinguishers

4.6. UL 1093- Standard for Halogenated Agent Fire Extinguishers

5. HISTORY OR BACKGROUND:

Not Applicable

6. CURRENT ENVIRONMENT:

Not Applicable

7. VENDOR QUALIFICATIONS:

The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing providing providing inspection, maintenance, repair, and recharging of portable fire extinguishers for a minimum of 3 years within the past 6 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.

8. VENDOR PERSONNEL QUALIFICATIONS AND RESPONSIBILITIES:

The vendor must provide the following personnel with the listed qualifications:

8.1. Service Technician must have a minimum of 3 years’ experience within the past 6 years in the services identified in the Scope of Work. Be certified by the Texas State Fire Marshall as required for the services requested.

8.2. All personnel who will be driving to and from TxDOT work locations must:

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

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

8.2.3. 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.

9. SERVICE REQUIREMENTS:

The vendor must:

9.1. Provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times.

9.2. Provide a primary POC.

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9.3. Conduct driver license checks annually on vendor staff that drive to and from TxDOT work locations to verify compliance.

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

9.5. Make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site.

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

9.7. Not use restrooms for washing tools and equipment.

9.8. Ensure at least one vendor personnel is fluent in English with the ability to receive, give, and understand written and oral instructions.

9.9. Ensure personnel are not excessively loud.

9.10. Ensure personnel do not use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

9.11. 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:

9.11.1. Social Security number verification.

9.11.2. 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.

9.12. Begin work within 10 business days after the issuance of written authorization from the authorized TxDOT representative.

9.13. Provide a local telephone number for immediate contact with the designated TxDOT employee. Regional or national telephone numbers are not acceptable.

Calls shall be returned within two hours of being contacted by the designated TxDOT representative. This telephone shall be monitored between the hours of 9 a.m. to 5 p.m., local time, Monday through Friday.

9.14. Be responsible for issued TxDOT security badges to personnel. Reimburse TxDOT for lost, damaged and unreturned security badges. The designated TxDOT representative will notify the vendor of the amount to be reimbursed.

9.15. Provide a continuous on-site work force during regular working hours, until completion of scheduled annual maintenance and inspection of all portable fire

TxDOT 936-34-45049 Dated: October 2025

4- 9 extinguishers have been completed at all the locations listed on the Pricing Schedule.

9.16. Have additional staff or subcontractors available to respond to multiple service requests simultaneously, as requested by the designated TxDOT representative, on an as needed basis.

9.17. Verify each portable fire extinguisher is fully charged and operable.

9.18. Advise the designated TxDOT representative and perform a hydrostatic test on each portable fire extinguisher, as required by NFPA 1 0-Table 5A, latest edition.

9.19. Ensure gauge pressures are in operable range.

9.20. Ensure nozzles, discharge valves, and hoses are unobstructed, and lock pins and dated tamper seals are in place.

9.21. Recharge dry chemical portable fire extinguishers if gross weight is less than manufacturer's recommendations.

9.22. Identify any Halon-type portable fire extinguishers in need of recharge. Only fill Halon-type portable fire extinguishers at the request of TxDOT. TxDOT may decide to replace the type of unit rather than refill.

9.23. Perform maintenance of portable fire extinguishers in accordance with the manufacturer's published service procedures, using only refill extinguishing agents listed on the extinguisher or as recommended by the manufacturer.

9.24. Notify the designated TxDOT representative when any unit has been used or needs to be replaced.

9.25. Only perform repairs on portable fire extinguisher if the cost of the repairs will not exceed 50 percent of the current manufacturer's list price for the same type of portable fire extinguisher with identical capacity.

9.26. Furnish all repair and replacement parts, including but not limited to; lock pins, nozzles, valves, seals, O-rings, nitrogen cylinders, extinguishing agents, hoses, and adapters. Parts furnished shall be matched to the manufacturer's published requirements.

9.27. Replace Instruction labels as needed during inspection.

9.28. Complete all repairs at the vendor's location.

9.29. ANNUAL RECHARGE: Recharge in compliance with manufacturer's authorized recharging procedures when regular or multi-purpose dry chemicals are recharged. The extinguishing agent shall be completely discharged, valve assembly removed, O-ring replaced or lubricated, threads and sealing surfaces cleaned, containeremptied and then filled with proper (free-flowing) agent, pressurized, sealed andlocked. Recharge date shall be marked on tag. Testing shall be in accordance withANSI/UL 711 and UL 299, and NFPA 10. The vendor shall also replace expellant cartridge when required on a wheeled dry chemical unit.

9.30. INSPECTION AND MAINTENANCE TAGS: The vendor shall attach the Texas State Fire Marshall approved labels or tags imprinted with the vendor name, TxDOT 936-34-45049 Dated: October 2025

5- 9 address, telephone number, and month and year maintenance was performed on each extinguisher when existing inspection tags are replaced. This tag shall identify the person performing the service, indicate if recharging was performed, and show the date the test was completed, per NFPA 10. Inspection tags shall be all weather type tags.

9.31. Notify the designated TxDOT representative immediately for replacement and mounting if vendor identifies a mounted portable fire extinguisher of a type other than shown on the building plans at any location. The vendor's written report to the TxDOT representative shall include the type, capacity and the locations of all the deficient fire extinguishers.

9.32. Annual inspections shall be performed at a date and time consistent with preestablished preventive maintenance schedules established by TxDOT. Each site inspection shall be scheduled with the designated TxDOT representative at least three working days in advance of the inspection date. Inspections, pick-ups, and returns of all units shall be performed between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except on federal and state observed holidays.

9.33. During the annual inspection, or as-needed, the vendor shall pick up and transport any portable fire extinguisher that requires repair or recharging within 24 hours of identification. The fire extinguishers shall be transported to the vendor's location, serviced, and returned to the original location within 48 hours of notification. Before transporting any fire extinguishers, the vendor shall immediately replace the current fire extinguisher with an identical fire extinguisher of equal or greater capacity. NOTE: Replacement fire extinguishers will be provided by TxDOT.

9.34. SERVICE COMPLETION CONFIRMATION: The vendor shall provide TxDOT written confirmation that all portable fire extinguishers at each location have been identified, and tested per the requirements stated in the specification, and an appropriate status tag attached to each unit within 48 hours of completion of the service.

10. MATERIALS OR PARTS PRICING:

If listed as a line item on the solicitation, vendor must provide all parts necessary to complete the work as allowed under the service requirements. Vendor must provide a cost estimate to the designated TxDOT representative prior to purchasing parts. Parts will be paid at actual cost plus the percentage mark-up listed on the Pricing Schedule as approved by the designated TxDOT representative.

11. MISCELLANEOUS EQUIPMENT:

Not Applicable

12. VENDOR DELIVERABLES:

Not Applicable

13. PROJECT SCHEDULE:

Not Applicable

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14. WARRANTY REQUIREMENTS:

14.1. PERFORMANCE WARRANTY: Work performed under the contract must meet all applicable standards and codes. The vendor must guarantee all work included in the contract against any defects in workmanship and satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by TxDOT.

14.2. MATERIAL WARRANTY: Materials provided under the contract must be in current production, as offered to commercial trade, and be of quality material.

Used, shopworn, demonstrator, prototype, reconditioned, or discontinued materials are not acceptable. Materials must be warranted against material defects and defects in workmanship for a period of not less than 12 months and cover 100% parts and labor. The warranty period shall commence upon date of acceptance by TxDOT. If the manufacturer’s standard warranty period exceeds 12 months, then the standard warranty period shall be in effect. The vendor shall be ultimately responsible for the warranty. The vendor must provide the designated TxDOT representative with all manufacturers’ warranty documents upon completion of service prior to leaving the job site.

15. VENDOR PERFORMANCE:

Vendor performance will be monitored on a regular basis by TxDOT.

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

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

15.1.2. One instance within one year of vendor personnel assigned to an authorized service call not having the state license and certification required to diagnose the problem and perform the repair.

15.1.3. Two instances within one year of response time, as defined in this specification, to an authorized service call exceeding the two-hour limit (Ref. Para. 7.12).

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

15.1.5. 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.

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.

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

15.2.1. Inspections completed early upon TxDOT member request.

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

15.2.3. Provided technical assistance when not required.

16. CONTRACT REMEDIES:

Not Applicable

17. PERSONNEL CONTINUITY AND REPLACEMENT:

17.1. The and Service Technician must remain available for the entire term of the contract as long as that individual is employed by the vendor.

17.2. 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 and Service Technician will require the vendor propose a replacement. Vendor must notify TxDOT within 24 hours after the vendor is made aware of such a situation.

17.3. Proposed replacement personnel must:

17.3.1. Be submitted to TxDOT within 10 calendar day(s) of notification resulting from sub-paragraphs 17.1 or 17.2 above.

17.3.2. Meet minimum qualifications and have experience comparable to the person(s) being replaced. Resume(s) and reference(s) may be requested for the proposed replacement(s).

17.3.3. Be provided at no additional cost to TxDOT.

17.3.4. Not begin work on the project without prior written approval from TxDOT.

NOTE: 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.

18. QUALITY ASSURANCE PLAN:

Not Applicable

19. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN:

Not Applicable

20. TRAVEL:

Not Applicable

21. MOBILIZATION:

Not Applicable

22. TRIP CHARGE:

TxDOT will pay a lump sum flat rate for round trip transportation of personnel and equipment from vendor’s service location to TxDOT location for service. If there is need to visit two TxDOT sites in a single trip, only one fee will be applicable to the furthest location, not the intermediate service location. TxDOT will not pay a trip charge for

TxDOT 936-34-45049 Dated: October 2025

8- 9 locations with 25 miles of the vendor’s service location. TxDOT will not pay the hourly rate of the personnel traveling in addition to the trip charge. Hourly rates only apply when actual work is being performed.

23. ADDITIONAL INVOICING INSTRUCTIONS:

The vendor must:

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

23.1.1. Complete purchase order number.

23.1.2. Date and time of service.

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

23.2.1. N/A

24. TxDOT RESPONSIBILITIES:

TxDOT will:

24.1. Provide a contract manager.

24.2. Provide a POC.

24.3. Monitor vendor performance.

24.4. Provide and mount all replacement fire extinguishers.

24.5. Provide building access.

25. TRANSITION OF TxDOT PROPERTY:

Not Applicable

26. CONTRACT ADMINISTRATION:

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

26.1. 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 staff.

26.2. Upon issuance of contract, TxDOT will designate an individual to serve as the contract manager and POC 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 responsibilities include, but are not limited to:

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

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

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

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

26.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 3.0.

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Attachment A TxDOT Beaumont Locations

Solicitation No. 601330000045049

Beaumont District Headquarters 8350 Eastex Freeway Beaumont, TX 77708

Beaumont Area and Maintenance Office 8450 Eastex Freeway Beaumont, TX 77708

Liberty Area and Maintenance Office 209 Layl Dr.

Liberty, TX 77575

Orange Area and Maintenance Office

3128 HWY 62 N

Orange, TX 77632

Anahuac Maintenance Office 503 N Ross Sterling Anahuac, TX 77514

Jasper Maintenance Office

3304 US HWY 190 W

Jasper, TX 75951

Kountze Maintenance Office

1942 US 69 N

Kountze, TX 77625

Newton Maintenance Office 1009 W. Court St.

Newton, TX 75966

Port Arthur Maintenance Office 6101 Twin City Highway Port Arthur, TX 77642

Woodville Maintenance Office

1270 US 69 N

Woodville, TX 75979