ESBD_544729_1785528951431_02. Statement of Work (SOW).pdf

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 926-42-53962 Dated: July 2026

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ENVIRONMENTAL REGULATORY RECORDS SEARCH

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 for services to provide TxDOT with environmental regulatory records searches to support hazardous materials investigations.

2. LOCATION(S):

Not applicable.

3. DEFINITIONS OF TERMS AND ACRONYMS:

3.1. ASTM – American Society of Testing and Materials

3.2. BPO – Blanket Purchase Order

3.3. 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

3.4. CERCLIS/SEMS – Comprehensive Environmental Response, Compensation, and Liability Information System/Superfund Enterprise Management System

3.5. 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

3.6. FLSA – Fair Labor Standards Act.

3.7. GIS – Geographical Information Systems

3.8. Mi – Miles

3.9. NPL – National Priority List

3.10. POC – Point-of-Contact

3.11. SOW – Statement of Work

3.12. TCEQ – Texas Commission on Environmental Quality

3.13. TxDOT POC – TxDOT Point of Contact

4. APPLICABLE LAWS AND STANDARDS:

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

4.1. Regulatory Agency Records identified in the American Society of Testing and Materials (ASTM): ASTM E1527 - Latest Edition "Standard Practice for

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Environmental Site Assessments: Phase I Environmental Site Assessment Process".

4.2. Government Records identified in 40 CFR Part 312.26-EPA Standards of Practice for conducting all appropriate inquiries: Reviews of Federal, State, Tribal, and local government records.

5. BACKGROUND:

TxDOT conducts site assessments in order to identify potential hazardous materials concerns that might negatively impact department activities. Regulatory records searches are used to identify potentially contaminated sites during the assessment process.

6. CURRENT ENVIRONMENT:

Not Applicable

7. VENDOR QUALIFICATIONS:

The vendor must be a company or an individual directly engaged in the business of providing regulatory records searches for a minimum of 5 years within the past 7 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:

Not applicable.

9. SERVICE REQUIREMENTS:

The vendor must:

9.1. Provide a primary POC.

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

9.3. Provide a list of searchable records with minimum search distances for standard environmental sources as specified by ASTM E1527-Latest Edition. Project corridors will have a linear list search with minimum search distances inclusive on both sides of the center line of the project and from each end of the project.

List of records to include, but not limited to:

9.3.1. Standard Federal Records:

National Priority List (NPL) (Superfund) sites within 1.0 mi.

Delisted NPL Sites List within 0.5 mi.

Comprehensive Environmental Response, Compensation, and Liability Information System/Superfund Enterprise Management System (CERCLIS/SEMS) within 0.5 mi.

CERCLIS No Further Remedial Action Planned/SEMS Archive sites within 0.5 mi.

Resource Conservation and Recovery Act Corrective Action (RCRA) CORRACTS facilities list within 1.0 mi.

RCRA non-CORRACTS Treatment, Storage and Disposal facilities list

3-5 within 0.5 mi.

RCRA Generators list, property and adjoining properties.

Emergency Response Notification System, target property.

9.3.2. State and Local Records:

Texas State Superfund sites (state equivalent to NPL) within 1.0 mi.

TCEQ Industrial and Hazardous Waste Corrective Action sites within 0.5 mi.

TCEQ Leaking Petroleum Storage Tanks, within 0.5 mi.

TCEQ Registered Petroleum Storage Tanks; target property and adjoining.

TCEQ Dry Cleaner Remediation, within 0.5 mi.

TCEQ Voluntary Cleanup Program sites within 0.5 mi.

TCEQ Innocent Owner Program sites within 0.5 mi.

TCEQ Municipal Solid Waste Landfills within 0.5 mi.

Texas Closed and Abandoned Landfills (Unauthorized and Permitted) within 0.5 mi.

Municipal Setting Designations, 0.5 mi.

State Institutional/Engineering Controls, target property.

Texas Brownfield Program sites within 0.5 mi.

Texas Railroad Commission Voluntary Cleanup Sites within 0.5 mi.

9.3.3. Non-Standard Records:

Texas Railroad Commission Oil & Gas Wells and Pipelines, target property and adjoining.

Well information must include location, type, identification numbers, bore status, operator, and total depth.

Pipeline information must include type, status, diameter, operator, permit number, and telephone contact information.

9.3.4. Provide GIS Plotted Map within the report:

Submit a plotted site map(s) that contains references to the sites within the minimum search distance and perform manual location checks upon request from TxDOT.

NOTE: Sites with insufficient information for exact plotting shall be checked manually or by phone for location inconsistencies.

9.4. REPORTS:

Reports as requested by TxDOT. Reports will be approved by TxDOT and must be delivered to the designated TxDOT representative. Reports include, but not limited to, the following:

9.4.1. Regulatory Records Report – This report must include an Executive Summary showing project specific information, State and Federal Regulatory record search lists and radii, site summaries for project property and surrounding properties, and summaries by data resource;

GIS plotted radius maps providing maps for 1.0 mile, 0.5 mile, 0.25 mile search radius with sites identified; Detailed information for individual sites identified within the specified search radii; Orphan summary of

4-5 unplottable or unlocatable sites and detailed information for each site identified; and records descriptions and definitions.

10. VENDOR DELIVERABLES:

Vendor shall prepare the final report as specified above and submit it to the TxDOT POC. Reports shall be available within three business days. Delivery method shall be by email or internet download for larger files.

11. VENDOR PERFORMANCE:

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

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

11.1.1. One service '"call back" to correct the same problem within 30 calendar days.

11.1.2. Failure to deliver any portion of work.

11.1.3. 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.

11.1.4. Two instances within one year of response time, as defined in this specification, to an authorized service call exceeding the two-hour limit.

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

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

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

11.2.1. Deliverables made early upon TxDOT personnel request.

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

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

11.2.4. Provided technical assistance when not required.

12. TxDOT RESPONSIBILITIES:

TxDOT will:

12.1. Provide a contract manager.

12.2. Provide a POC.

12.3. Monitor vendor performance.

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13. 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.

13.1. 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.

13.2. 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:

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

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

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

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

13.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 4.0.