ESBD_484610_1769120200672_RFP 2026-P05 Disaster Recovery - Debris Removal.pdf

RFP 2026-P05 Disaster Recovery – Debris Removal Page 1 of 54

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

RFP 2026-P05 Disaster Recovery – Debris Removal Date Issued: January 22, 2026

SOLICITATION

Vendors must submit proposals as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time February 12, 2026

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing@hayscountytx.gov

Questions concerning this RFP must be received in writing no later than 5:00

February 3, 2026.

Phone No.: (512) 393-2278

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@hayscountytx.gov

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Table of Contents

Solicitation, Offer and Award

I. Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Definitions

C. Project Overview

D. Scope of Work

E. Payments & Fee Schedule

F. Qualifications

G. Proposal Requirements

H. Evaluation Criteria

I. Submittal Requirements

J. Award of Contract

K. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Disclosure & Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

XII. Israel Boycott Certification Form (TGC 2271.002)

XIII. Prohibition of Energy Company Boycott Certification Form (TGC 2274)

XIV. Prohibition of Discrimination against Firearm Companies or Firearm Trade Organizations

Certification (TGC 2274.002)

XV. Debarment and Licensing Certification

XVI. Vendor/Bidder’s Affirmation

XVII. Federal Affirmation and Solicitation Acceptance

XVIII. Related Party Disclosure Form

Attachment A: RFP 2026-P05 Fee Schedule

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I. Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal/SOQ to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal/SOQ to be considered responsive:

____ 1. Solicitation, Offer and Award Form completed and signed

____ 2. Proposal

____ 3. Vendor Reference Form

____ 4. Conflict of Interest Disclosure & Questionnaire

____ 5. Related Party Disclosure Form

____ 6. Any addenda applicable to this solicitation

Required Forms by Hays County in Order to Execute a Contract:

____ 1. Code of Ethics

____ 2. HUB Practices

____ 3. House Bill 89 Verification

____ 4. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

____ 5. Israel Boycott Certification (TGC 2271.002)

____ 6. Prohibition of Energy Company Boycott Certification (TGC 2274)

____ 7. Prohibition of Discrimination against Firearm Companies or Firearm Trade Org. Certification (TGC 2274.002)

____ 8. Debarment & Licensing Certification

____ 9. Vendor/Bidder’s Affirmation

____ 10. Federal Affirmations and Solicitation Acceptance

____ 11. System for Award Management (www.SAM.gov) Printout

Hays County will accept bids/proposals/SOQ, by the due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

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II. Summary

1. Type of Solicitation: Request for Proposal (RFP)

2. Solicitation Number: RFP 2026-P05

Disaster Recovery – Debris Removal

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trial, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

5. Deadline for Responses: In issuing office no later than:

February 12, 2026; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: One year from award date

7. Optional Contract Terms: three (3), one (1) year renewals

8. Designated Contact: Hays County Purchasing Email: purchasing@hayscountytx.gov

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than February 3, 2026; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this solicitation, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

10. Addenda Any interpretations, corrections or changes to this solicitation and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Vendor’s mailto:purchasing@hayscountytx.gov

RFP 2026-P05 Disaster Recovery – Debris Removal Page 5 of 54 responsibility to acknowledge receipt of all addenda with proposal submission.

11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of

Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Vendor or its representatives. Failure of a Vendor or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

12. Websites: Plans, Specifications, and Bidding documents for pre-qualified bidders and interested non-bidders may be secured from the following websites:

www.bidnetdirect.com/haysCounty, http://www.txsmartbuy.com/sp, https://www.sanmarcostx.gov/Bids.aspx

Anticipated Schedule of Events

January 22, 2026 Issuance of RFP February 3, 2026 Deadline for Submission of Questions (5:00 PM CT) February 12, 2026 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

April 2026 Anticipated contract award date https://www.sanmarcostx.gov/Bids.aspx

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III. Specifications A. Introduction

Hays County, Texas (“County”) is seeking proposals from qualified firms to perform debris removal and disposal in the event of a major disaster event. The County is preparing for future disasters by entering into a pre-event contract for Debris Removal Services. The County will accept proposals from qualified contractors with experience in disaster and debris removal services and the preparation, response, recovery, and mitigation phases of any emergency situation or disaster.

It is the intent of the County to award this contract to one (1) Primary Contractor that will be responsible for all debris operations listed within this contract and one (1) Secondary Contractor that will be activated if the Primary Contractor fails to commence work within twenty-four (24) hours of issuance of Notice to Proceed. The County reserves the right to activate other contractors at the same time dependent upon the severity of the storm and the availability of the contractors. The selected contractor must provide required services in accordance with applicable regulations, including but not limited to: Federal Emergency Management Agency (FEMA), Federal Highway Administration (FWHA), Texas Department of Transportation (TxDOT), Texas Department of Health & Human Services (TxDHHS) and the Texas Commission on Environmental Quality (TCEQ).

B. Definitions

• Debris Removal: clearance, removal, and/or disposal of items such as trees, sand, gravel, building components, wreckage, vehicles, and personal property.

• Eligible Debris: that which is determined to eliminate immediate threats to life, public health and safety; that which has been determined to eliminate immediate threats of significant damage to improved public or private property; and that which is considered essential to ensure economic recovery of the affected community to the benefit of the community at large.

• FEMA: Federal Emergency Management Agency

• RFP: Request for Proposal

• TDSRS – Temporary Debris Staging and Reduction Site, which may also be referred to as a

Debris Management Site (DMS) in the Hays County Debris Management Plan.

• Clean Vegetative Debris: Tree and landscaping debris free of treated lumber, plastic, household hazardous waste, construction and demolition debris, etc.

• Mixed Debris: Vegetative Debris that is mixed with construction & demolition debris or other material at the load site prior to removal. The Contractor is required to sort mixed debris at the Load Sites if minor amounts of undesirables are present, as determined by Hays County.

• Construction and Demolition (C&D) Debris: Debris generated by building materials, such as fencing, roofing, lumber, drywall, carpeting, plastic, glass, etc. In general, it is anything other than vegetative and hazardous waste debris.

• White Goods Debris: Household & industrial appliances (e.g. refrigerators, stove, dishwashers, etc.).

• Hazardous Waste: Includes the following; Household Hazardous Waste (HHW), Hazardous or Toxic Waste (HTW) and Industrial Waste (IW): Any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which because its quantity, concentration or physical, chemical or infectious characteristics may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

• Stumps: Tree stumps located within the right of way (ROW), in which the root ball is one-half or more exposed but still attached to the ground by roots. Tree stumps with base cut diameter measurements less than 24 inches (measured 24 inches up from where the tree originally exited the ground) will be considered to be normal vegetative debris and removed with the same methods used for other vegetative debris. Tree stumps larger than 24 inches in diameter and still attached to the ground will be removed and paid for in accordance to the MEASURMENT

RFP 2026-P05 Disaster Recovery – Debris Removal Page 7 of 54 and PAYMENT paragraphs in this contract. Any questionable stumps shall be referred to the County for determination of its disposition.

• Hand Loading: Debris that is loaded entirely by hand/manual labor without the assistance of loading equipment.

C. Project Overview

This RFP is for Emergency Debris Road Clearance (Push), Debris Removal (including tree and limb removal) and Temporary Debris Staging and Reduction Site Management. All work shall follow the Occupational Safety and Health Administration (OSHA) and Environmental Protective Agency(s) requirements to maintain a safe working environment. The County has the right to increase or decrease the Contractor’s assignment and/or areas of operation within the scope of this contract.

The Contractor may be required to conduct one (1)-day (up to 8-hours) annual planning and training activities with the County throughout the term of the agreement. This planning and training shall include, at a minimum, preliminary TDSR/DMS site selections, review and update debris removal zone maps, review and update of primary road clearance routes, local subcontractor coordination, and items such as hazardous waste handling and FEMA guidelines. The cost for this planning and training shall be included in the unit cost for each activity and be at no additional cost to the County.

Proposal: The proposal should outline the ability to provide expert guidance with the current FEMA guidelines and regulations as they relate to disaster generated debris. All work will be in general conformity with the guidelines provided in FEMA Manual 325.

The proposal should provide a detailed outline of how work will be accomplished

At a minimum, the proposal should include the following information:

• Organizational Chart

• Information describing company’s technical and Debris Removal capabilities

• Financial resources

• Training and experience (list all certifications)

• Equipment resources (company versus sub-contractor owned)

• List of sub-contractors

• Past performance on contracts and other accomplishments

• Listing of all existing disaster related pre-event contracts

• Capacity and Plan for mobilization

• Local participation in the Contractor’s plan (provide a sub-contracting plan)

• Sample of sub-contracting contracts

• Public announcements/notices, including specific date on proposed venues.

• Ability to track and record all work for invoices and auditing purposes

• Other unique services your company can provide

• Construction drawings for temporary inspection towers

• Cost for services

• Provide a management plan for each category of work describing what actions will be taken for a disaster generating debris in the amount shown below. The plan should include items such as; number and locations of TDSR sites, minimum size, type and numbers of hauling equipment, management and supervision staff, and the methodology for scheduling and routing the removal of debris:

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DEBRIS TYPE SCENARIO 1

(Category 1 Hurricane)

SCENARIO 2

(Category 4 Hurricane)

(All units in cubic yards) VOLUME VOLUME

Vegetative 11,000 274,000

Construction and Demolition 20,000 502,000

Mixed 4,000 125,000

White Metals 500 5,000

Hazardous Waste 500 5,000

TOTAL: 36,000 911,000

Bonds: A letter of bond ability must be included with the submitted RFP. For contractor that will be first on scene, bonds must be furnished within forty-eight (48) hours of activation and prior to commencement of work. All other contractors furnish these bonds within five days of notice to proceed.

• Performance Bond in an amount equal to the full Contract Price conditioned upon the faithful performance of the Contract in accordance with Plans, Specifications and Conditions thereof. Such bond shall be solely for the protection of the County. The Performance Bond shall remain in force one year after final completion of the work.

• Payment Bond in an amount equal to the full Contract Price solely for the protection of the claimants supplying labor or materials to CONTRACTOR or his subcontractors in the prosecution of the Work provided for in such Contract. The Payment Bond shall remain in effect for at least one year after final completion of the work.

Each bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of this judgment such reasonable attorney's fees as may be fixed by a judge of the court. Each such bond shall be executed by a surety company or companies holding a certificate of authority to transact surety business in the State of Texas. The bonds shall be made payable and acceptable to the County.

The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Texas or those principal office is maintained in this State, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official.

Record Retention: The Contractor is required to retain all records for three (3) years after grantees or subgrantees make final payments and all other pending matters are closed.

D. Scope of Work Qualified Firms must have experience and be able to assist the County with Debris Removal and recovery operations after a wind driven disaster or emergency situation including, but not limited to:

hurricane, flood, tornado or other wind driven severe weather disaster or emergency.

Duties shall include, but not limited to:

• project management,

• coordination of recovery activities necessary to meet FEMA eligible requirements for full reimbursement, RFP 2026-P05 Disaster Recovery – Debris Removal Page 9 of 54

• coordination with FEMA and County Staff,

• provide equipment and personnel in sufficient quantity to rapidly remove and dispose all storm related debris,

• coordination of monitors,

• data management,

• provide daily quantity and progress reports to County Staff,

• community relations or any other tasks as directed by the Emergency Services Director or his designee.

Contractor’s Responsibilities:

The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks. Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor. The Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

The Contractor must be duly licensed in accordance with the state and local statutory requirements to perform the work. The Contractor shall obtain all permits necessary to complete the work. The Contractor shall be responsible for determining what permits are necessary to perform under the contract. Copies of all permits shall be submitted to the County.

The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractor’s or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the County.

Initial response shall be deemed as having a Contractor’s representative physically present at the Hays County Emergency Command Center within twelve (12) hours after notification of need. Performance shall be deemed as the commencement of work as defined by Task Order within twenty-four (24) hours of issuance of Notice to Proceed. Secondary Contractor will be notified if Primary Contractor fails to commence work within twenty-four (24) hours of issuance of Notice to Proceed. Should the recovery work not be fully underway within seventy-two (72) hours of the event, the liquidated damages clause may be imposed.

The County will contract for the provision of personnel, equipment, plans, procedures and other materials and capabilities necessary for post disaster situations on an as-needed basis as directed by the County by specific task orders to the Contractor. The Contractor must have available a wide variety of emergency preparedness, response, recovery and mitigation resources.

The Contractor shall be responsible for travel, per diem, housing and meals for all of its employees and/or subcontractors. The Contractor will also be responsible for providing temporary office space for conducting its Work responsibilities for this project.

1. Debris Removal Management

Debris Removal Management activities include, but are not limited to, furnishing all labor, materials and equipment to accomplish the following types of tasks:

• Clearing and/or removing debris from the public right-of-way, streets and roads or privately-owned property as required to secure the public safety;

• Management and operation of storage and debris reduction sites to accept, process, reduce, incinerate (with County approval) and dispose of event related debris;

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• As directed, demolition and removal of condemned structures and buildings that pose a threat to public safety as a result of the event;

• Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling and disposal;

• Providing all permits and services necessary for the containment, clean up, removal, transport, storage, testing, waste debris reduction, treatment and/or disposal of hazardous and industrial materials, including white goods, resulting from the events.

• Removal of sand and earthen materials from roads, streets and rights-of- way.

2. Documentation Management and Support

Documentation Management and Support activities include, but are not limited to:

• Assisting the County in preparation of FEMA and State reports for reimbursement, including training of County/Department employees and review of documentation prior to submittal;

• Working closely with State Emergency Management, FEMA, and other agencies to ensure that debris removal, debris disposition and all supporting data meet each agency’s requirements for reimbursement eligibility;

• Providing lift equipment for site monitors, load tickets, field inspection reports and other data sufficient to provide substantiation for FEMA and State reimbursement.

Additional support may include providing technical expertise, guidance and participation in the following areas:

• Damage assessment to include plan development, procedure development, staff training and staff augmentation;

• Comprehensive mitigation program to include mitigation plan, staff training, cost benefit analysis, project management, environmental review and staff augmentation;

• Develop debris plan to include staff training;

• Provide technical support and assistance in developing and dispersing public information.

3. Mobilization - Emergency Debris Road Clearance

The Contractor shall mobilize management staff to the County within twelve (12) hours following notification of need.

The Contractor shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the County. This operational aspect of the Scope of Services shall be for the first seventy-two (plus or minus) hours after an Event and the Notice to Proceed. Once this task is accomplished, or is sufficiently underway, the following tasks may begin as required.

4. Mobilization - Debris Removal / TDSRS Management

The Contractor shall mobilize personnel and equipment for this task and shall be fully mobilized to begin Debris Removal operations within 72 hours following the day of the disaster. Debris Removal work within the County will be prioritized by the County.

5. Debris Removal from Public Rights-of-Way

As identified by and directed by the County, the Contractor shall accomplish the pick-up and hauling of all eligible debris to the designated Temporary Debris Storage and Reduction Sites (TDSRS’s) from public rights-of-way; and, shall maintain debris work sites to appropriate use standards, safety standards and regulatory requirements.

6. Demolition of Structures, Debris Removal from Private Property (Right-of-Entry Program) and

Publicly Owned Property (other than Rights-of-Way)

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Should an imminent threat to life, safety and health to the general public be present on private property or publicly owned property as reference above, the Contractor as identified by and directed by the County, will accomplish the demolition of structures and the removal and relocation of the debris to the public rights-of-way. This service shall commence upon receipt by Contractor from the County the completed right of entry forms, hold harmless agreements, the non-duplication of benefits agreements, an address specific task order and the physical marking of each structure by the County. The Contractor will place all debris collected through this process in the public rights-of-way where the above Scope of Services (Debris Removal from Public Rights-of-Way) shall commence. The County feels that it is in the best interest of the health and safety of its citizens to provide this service.

7. Hand Loading The preference is for all debris to be mechanically and reasonably compacted. Debris monitors located at temporary or final debris disposal sites will reduce the observed capacity of each hand loaded truck or trailer by fifty percent (50%) because of the low compaction achieved by hand loading. For example, if a 40-cubic yard (CY) hand loaded truck or trailer arrives at a debris management or disposal site, and it appears to be 100% full, the actual quantity of debris in the truck or trailer will be recorded as 20 CY {(40 CY* 50%]. In the same manner, if the truck or trailer appears half full, the load will be recorded as 10 CY {[40 CY/2] * 50%}. The maximum amount recorded for a hand loaded vehicle will be fifty percent (50%) of its measured capacity.

NOTE: ABOVE IS FOR PURPOSE OF EXAMPLE ONLY. LATEST FEMA GUIDELINES SHALL APPLY.

8. Dumpsites (TDSR Sites)

The Contractor shall use only debris dumpsites designated by the County, unless otherwise approved by the County. The Contractor shall haul vegetative debris to the site designated for vegetative debris and construction and demolition and mixed debris to the site designated for construction and demolition. The Contractor shall haul hazardous waste debris to the site designated for hazardous waste.

The dumpsite operator/contractor will direct all dumping operations. The Contractor shall cooperate with the dumpsite operator/contractor to facilitate effective dumping operations. The County makes no representations regarding the turn-around time at the dumpsites.

9. Staffing Requirements Contractor The Contractor represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of the County or have any contractual relationship with the County that has not been disclosed. The County will determine if a conflict exists and notify the parties accordingly.

The Contractor warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

Example of Staffing

AS AN EXAMPLE, THE FOLLOWING STAFFING REQUIREMENTS WILL PROVIDE FOR A CATEGORY 3

HURRICANE WITH ONE (1) TEMPORARY STORM DEBRIS REMOVAL SITE. THE REMOVAL SITE WILL BE

IN OPERATION FROM DAWN TO DUSK, SEVEN (7) DAYS A WEEK.

• Certification Technicians: (3) Measure, photograph, certify and re-certify the total cubic yard capacity of each removal hauler.

• Clerical Staff Coordinator: (1) Set-up FEMA spread sheets and up-date daily. Maintain and distribute to County Staff the daily “Hurricane (name) Storm Debris Removal Data Report”.

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Provide removal status and other information to FEMA personnel as needed. Manage County Staff documentation, i.e. timecards; sign-in sheets; field supplies and equipment;

provide reporting site assignments; assign cellular phones to County Recovery Staff; assign vehicles; provide removal instructions and guidelines to each Field Monitor; oversee the other assisting clerical staff.

• Clerical Staff Assistants: (2) Processing of the previous day’s Field Monitors daily reporting sheets- Post the County wall map with the previous day’s removal locations; Tally up the previous day’s removal totals; Calculate the Monitors time worked and fill out the timecards to be signed by the monitors later; Track the vehicle mileage.

Subcontractors The Contractor is encouraged to employ experienced and qualified local sub-contractors. The County may, at its discretion, limit the number of subcontract firms working under the prime or subprime contractor at its sole discretion to ensure safety and quality of work provided.

In its proposal to the County, the Contractor will provide information as to what percentage of work described herein will be subcontracted.

• The Contractor shall provide the County with an updated list of all subcontractors including phone numbers of contact personnel.

• Prior to the County assigning work, the Contractor shall provide the County with an affidavit from each subcontractor stating there is a signed contract between the Contractor and subcontractor.

Unauthorized Alien Workers The County will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act (“INA”). The COUNTY shall consider the employment by the contractor of unauthorized aliens a violation of Section 274A (e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County.

Staffing Requirements – County The County reserves the right to remove immediately any personnel with or without cause that are deemed unsuitable for the County’s recovery effort. Personnel subject to removal under this clause are: County staff full and part-time or temporary; Primary Contractor staff; sub-contractor staff.

The County will provide a Debris Manager to act as Liaison between County staff, FEMA and Contractor. This person will oversee the County’s interest in the entire storm Debris Removal operation and assure FEMA and contract compliance.

10. Minimum Level of Services

The Contractor shall provide the County multiple estimated minimum levels of service commitments at the time of a “declared emergency” by the County. These multiple commitments shall include, but shall not be limited to, mobilization schedules, estimated number of calendar days for completion and resource designations. The multiple commitments shall also be commensurate with the required minimum level of service for varying degrees of severity of the event. The determination as to which minimum level of service commitment is implemented shall be the responsibility of the County. This shall be based on the actual severity and impact of the event.

Performance Remedy Notification Failure of the Contractor to meet the minimum level of service commitments, once debris management services commence, shall result in the issuance of a Performance Remedy Notification

RFP 2026-P05 Disaster Recovery – Debris Removal Page 13 of 54 from the County to the Contractor. Once this date and time stamped notification is issued, the Contractor shall have a twenty-four (24) hour period in which to respond (in writing) and take corrective action. Failure to do so may result in the assessment of liquidated damages against the Contractor or its Surety.

11. Accident Prevention Precautions shall be exercised at all times for the protection of persons and property. Contractor and any subcontractors shall conform to all OSHA, State, County and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above-mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the proposer responsible for same.

12. Reporting Requirements The Contractor shall submit a report to the County by close of business each day for the term of the contract. Each report shall contain, at a minimum, the following information:

• Contractor’s Name

• Report Date

• Location of completed work

• Location of work for next day

• Daily and cumulative hours for each piece of equipment and crew (Emergency Clearance)

• List of roads that were cleared (Emergency Clearance)

• Number of Crews (including number of trucks and loading equipment)

• Daily and cumulative totals of debris removed, by category

• Daily and cumulative totals of debris processed, to include method(s) of processing and disposal location(s)

• Daily estimate of hazardous waste debris segregated, and cumulative amount of hazardous waste placed in the designated holding area

• Number of hazardous trees and hanging limbs removed

• Problems encountered or anticipated

Load Tickets A Load Ticket will be used for recording volumes of debris removed and processed. Refer to the guidelines provided in FEMA Manual 325. At a minimum, each ticket will contain the following information:

• Hay County Load Ticket & Event Name (as a title)

• Contractor Name

• Ticket Number

• Load Site Location

• Date

• Load Site Zone

• Truck (Container) Number

• Capacity (Container)

• Total Debris Volume (Quantity)

• Dump Site Name (Location)

• Debris Classification (Vegetation, C&D, Mixed, Other)

• Comment Section

• Verification Signature Lines (Load Site, Dump Site Monitors and Contractor)

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Load Ticket Process:

• A Load Site Debris Monitor will issue a load ticket to the hauler prior to departure from the loading site. Upon arrival at the dumpsite, the vehicle operator will give the five copies to the Disposal Site Monitor at the dumpsite, the Monitor will validate, retain one copy and give one copy to the driver, and three copies to the Contractor, (one copy for the sub-contractor and two copies for the prime contractor). Alternatively, an electronic load ticket system may be utilized by the Contractor, should it conform to FEMA standards.

• The Debris Removal Contractor will not be permitted to unload the debris at a TDSR/dump site without an approved Load Ticket that was supplied by their assigned monitor.

• The Contractor will not receive a Load Ticket for any loads that were not observed by a Load Site Monitor during loading without the approval of the County.

• The Debris Removal Contractor shall supply all Load Tickets for the use of tracking the loads into the TDSR sites. The TDSR Site Management Contractor shall supply all Load Tickets for the use of tracking the final haul out of processed debris.

• A Dump Site Debris Monitor will determine the total cubic yards of material received by visual inspection of the load. Trucks with partial loads will be adjusted down during this visual inspection by the Monitor. Load measurements will be documented on Load Tickets.

The Contractor shall keep a daily updated log, in each TDSR site inspection tower, of all loads received, including the total volume of debris in each load.

• The Contractor shall provide a copy of all daily log sheets at the end of each business day.

13. Equipment The Contractor shall provide all equipment necessary to prepare the site(s), stockpile the debris, feed the grinder(s), air-curtain incinerator(s), remove ash from the incinerator(s), load and haul for disposal of all non-grindable or non- burnable debris and ash residue, and any other equipment which may be necessary for the performance of this contract.

Prior to commencing debris reduction and disposal operations, the Contractor shall present to the County, for approval, a detailed description of all equipment to be used for debris handling, sorting, processing, incinerating, loading, and hauling, stating brand name, model and horsepower, (including all air-curtain incinerators).

• All trucks and other equipment must be in compliance with all applicable federal, state, and local rules and regulations.

• Any equipment that is hauling debris to the designated reduction site shall be capable of self-dumping or removing its load without assistance from other equipment.

• Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions.

• The sideboard extensions shall be braced with metal reinforcing. The overall height of the hauling vehicle shall not exceed 13 feet 6 inches above the ground. All extensions are subject to acceptance or rejection by the County.

• Damaged sideboards must be repaired prior to arriving at the dumpsite.

• All trucks utilized in hauling debris shall be equipped with a tailgate that will effectively contain the debris on the vehicle while hauling and also permit the vehicle to be loaded to capacity. Gaps in the tailgate greater than two (2) inches will not be permitted. The tailgates shall be secured along the edges with fasteners of sufficient strength to hold the tailgate securely closed during transit, rubber bungee cords will not be permitted.

• The Contractor, prior to use, will inspect all equipment to ensure all requirements are met and it is in good overall condition. The County reserves the right to refuse equipment that is deemed unsafe or inadequate.

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Prior to commencing Debris Removal operations, the Contractor shall present to the County all trucks or trailers that will be used for hauling debris, for the purpose of determining hauling capacity. The hauling capacity will be based on the interior dimensions of the hauler’s container, and rounded down to the nearest whole cubic yard.

• Hauling capacity, in cubic yards, will be recorded and marked on each truck or trailer with permanent markings. Each truck or trailer will also be uniquely numbered for identification with a permanent marking.

• Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions.

• All equipment used for hauling debris shall be measured and marked for its load capacity.

The Contractor shall supply pre-approved measurement forms for each hauling container used under this contract.

• Excessively large loading equipment (3 CY and larger) and non-rubber tired equipment must be approved by the County.

• Hauling containers shall be a minimum of 15 cubic yards in volume unless approved by the County.

• Trailer type haulers shall be equipped with either tandem axles and/or dual tires, a minimum of four (4) tires are required on all trailers. The GVWR shall be a minimum of 10,000 lbs. on all trailers. All trailers must have a legible manufacture’s identification plate with ratings.

• Trucks or equipment that are designated for use under this contract shall not be used for any other work during the working hours of this contract. The Contractor 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.

• The Contractor shall be responsible for removing all abandoned equipment from the public and private property that was used under this contract. The Contractor is not permitted to store equipment or trucks on public property without the approval of the County.

• There shall be no overnight parking or camping on public property without the approval of the County.

14. Traffic Control

The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area.

The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. At a minimum, one flag person shall be posted at each entrance to the work area to direct traffic.

The contractor shall be responsible for traffic control during operations performed by the contractor’s personnel and/or subcontractors. Traffic control shall be in conformance with the Federal Highway Administration, Manual on Uniform Traffic Control Devices, latest edition and the Texas Department of Transportation Roadway and Traffic Design Standards, latest edition.

The Contractor must be qualified and provide the County with copies of certifications to conduct traffic control operations on roads.

The foregoing requirements are to be considered as minimum, and the Contractor's compliance shall in no way relieves the Contractor of final responsibility for providing adequate traffic control devices and methods for the protection of the public and employees throughout the work areas.

15. Hazardous Waste Spills

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The Contractor shall be responsible for reporting to the County and cleaning up all hazardous materials or waste spills caused by the Contractor’s operations at no additional cost to the County.

Immediate containment actions shall be taken as necessary to minimize effect of any spill or leak.

Cleanup and reporting shall be in accordance with applicable federal, state, and local laws and regulations.

Spills shall be reported to the Texas Commission on Environmental Quality (TCEQ) and the County immediately following discovery. A written follow-up report shall be submitted to the County no later than 7 days after the initial report. The written report shall be in narrative form, and as a minimum shall include the following:

• Description of the material spilled (including identity, quantity, manifest number, etc.).

• Determination as to whether or not the amount spilled is EPA/TCEQ reportable, and when and to whom it was reported.

• Exact time and location of spill, including description of the area involved.

• Receiving stream or waters.

• Cause of incident and equipment and personnel involved.

• Injuries or property damage.

• Duration of discharge.

• Containment procedures initiated.

• Summary of all communications the Contractor has had with press, agencies, or

Government officials’ other than the County.

• Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue.

E. Payments & Fee Schedule RETAINAGE: The County shall withhold a retainage fee in the amount of ten percent (10%) of the value of the work until such time as the work is considered complete. This work shall not be considered complete until any damage to public or private property has been repaired to the satisfaction of the County. Any repairs to private property shall include a signed release from the owner.

PAYMENTS: All payments under the contract resulting from the Request for Proposal shall be made only for services requested and approved by the County, i.e. Measurement and Payment for Gathering, Pick-up and Hauling to TDSRS; Processing of Debris from Public Rights-of-Way; Hauling of Debris from TDSRS to Final Disposal Site. There shall be no retainer paid in order to keep the contract in effect.

The Contractor will not be compensated for disposing of any material not defined as eligible debris. The Contractor and County will inspect each load to verify the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility and no payment will be allowed for that load; and, the Contractor will not invoice the County for such loads. For each suitable load picked up, hauled and processed, a record of the cubic yards will be recorded by the Contractor and County on numbered tickets supplied by the Contractor. Copies of each load record will be available to the Contractor and the County’s designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The County may temporarily remove any disputed amount line items in the bill from the invoice for review.

FINAL PAYMENT: It is anticipated that for a Category 3 (or less) hurricane that work shall be complete within sixty (60) days of initial Notice to Proceed. More severe storms are anticipated to take longer to complete. In order for both parties herein to close their books and records, the Contractor will clearly state ‘final invoice’ on the Contractor’s final/last billing to the County. This certifies that all services have

RFP 2026-P05 Disaster Recovery – Debris Removal Page 17 of 54 been properly performed and all charges and costs have been invoiced to the County. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the Contractor.

FEE SCHEDULE: All costs associated with delivering the requested services must be detailed in the format requested on document Attachment A: RFP 2026-P05 Fee Schedule.

MODIFICATION OF WORK: The County reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the County’s notification of a contemplated change, the Contractor shall:

• Provide an estimate for the increase or decrease in cost due to the contemplated change;

• Notify the County of any estimated change in the completion date;

• Advise the County, in writing, if the contemplated change shall affect the Contractor’s ability to meet the completion dates or schedules of this contract.

Upon written instruction by the County, the Contractor shall suspend work on any portion of the work affected by a contemplated change, pending the County’s decision to proceed with the change.

If the County elects to make the change, the County shall issue a Contract Amendment or Change Order, and the Contractor shall not commence work on any such change until such written Amendment or Change Order has been issued and signed by each of the parties.

F. Qualifications All of the services required herein shall be performed by the Contractor or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.

The following minimum requirements must be demonstrated in order for the submission to be considered responsive to Hays County, as well as the items identified on the Submittal Checklist.

• Provide a copy of your Certificate of Insurance;

• Provide copies of occupational licenses for the last three (3) years that document active business in a commercial location providing one or more of the following services:

Bulk hauling of debris or fill Construction involving earth removal Demolition work.

If the City or County in which the Contractor resides does not provide occupational licenses, alternate documentation acceptable to the County, in its sole opinion, may be provided.

• Indicate specifically the personnel who will have primary responsibility for the County’s contract. Also, indicate all key individuals, and their tasks and/or areas of expertise. Identify the percentage of work to be completed by subcontractor(s).

• A summary of any litigation filed against the proposer in the past five (5) years that is related to the services to be provided. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome and the monetary amounts involved.

• Provide a comprehensive list of contracts (current or prior) represented by type of event, contract value, duration of contract and interaction with FEMA.

• Provide a list of other government contracts that you currently have and state where the County would fall in terms of priority.

• Provide a comprehensive list of equipment available for use with this contract.

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REFERENCES: Hays County requires respondent to supply with the proposal, a list of at least three (3) references where a minimum of three (3) references within the State of Texas, of similar current and ongoing contracts for a minimum of twelve (12) consecutive months. Include name of company, address, telephone number and name of representative.

RESPONSIBILTY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise have an exclusion record created…