ESBD_File_330311_601310000083006_SOW dated 8-2023.pdf

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TEXAS DEPARTMENT OF TRANSPORTATION

PAVEMENT CORE AND THIN

WALL TUBE SAMPLING SERVICES

STATEMENT OF WORK

TxDOT 912-16-83006

DATED: AUGUST 2023

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

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

1. SCOPE: This SOW is to provide pavement core and thin wall tube (Shelby) sampling services to include, but not be limited to, pavement samples, various pavements, concrete with or without steel rebar, cement, stabilized base, flexible base, hot mix, and roadway subsurface exploration for locations throughout the Paris District. Sampling of pavements will utilize either pavement coring or Continuous Sampling Method per ASTM D1587 with four inch diameter Shelby Push Tubes extruded in the field unless otherwise directed.

2. DEFINITIONS OF TERMS AND ACRONYMS

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

2.2. Coring – Pavement Core Sampling

2.3. CRP – Contractor Responsible Person

2.4. CWZTCDL – Compliant Work Zone Traffic Control Device List

2.5. Thin Wall Tube Sampling – Geotechnical Shelby Tube Sampling

2.6. Mobile Operations – Work that moves continuously or intermittently, stopping fewer than fifteen minutes at a time

2.7. OSHA – Occupational Safety and Health Administration

2.8. TMA – Truck Mounted Attenuator

2.9. TMUTCD – Texas Manual on Uniform Traffic Control Devices.

2.10. TCP – Traffic Control Plans

2.11. TxDOT – Texas Department of Transportation.

3. 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:

3.1. Title 40 Code of Federal Regulations (CFR): Protection of Environment, Chapter

1: Environmental Protection Agency.

STATEMENT OF WORK

TxDOT 912-16-83006

DATED: MAY 2023

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3.1.1. Subchapter D – Water Programs.

3.1.2. Subchapter I – Solid Wastes.

3.1.3. Subchapter N: Effluent Guidelines and Standards.

3.2. OSHA Safety and Health Information Bulletin (SHIB) 04-16-2008: Hazards of Auger Drilling.

3.3. American Society for Testing and Materials (ASTM) D1586: Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils, Latest Edition. https://www.txdot.gov/business/resources/testing.html

3.4. CWZTCDL: ftp://ftp.txdot.gov/pub/txdot-info/trf/pdf/cwztcd.pdf

3.5. TMUTCD: https://ftp.txdot.gov/pub/txdot-info/trf/tmutcd/2011-rev-2/revision-2.pdf

3.6. TxDOT Designation TEX-132-E: https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/100-E_series/pdfs/soi132.pdf

3.7. TxDOT’s Geotechnical Manual, latest edition:

http://onlinemanuals.dot.state.tx.us/txdotmanuals/geo/geo.pdf

4. VENDOR QUALIFICATIONS: The vendor must be a company or an individual engaged, or whose partners are engaged in the business of providing coring and sampling services for a minimum of three years within the past five years. Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business. Recent start-up businesses do not meet the requirements of this solicitation.

NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business.

5. VENDOR PERSONNEL QUALIFICATIONS AND REQUIREMENTS: provide the following key personnel with the listed qualifications:

5.1. Operators must:

5.1.1. Have a minimum of three years of experience in coring and sampling services within the last five years. A minimum of two operators is required.

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

5.1.3. Be a permanent staff employee and serve as a point of contact for TxDOT.

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

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

https://www.txdot.gov/business/resources/testing.html ftp://ftp.txdot.gov/pub/txdot-info/trf/pdf/cwztcd.pdf https://ftp.txdot.gov/pub/txdot-info/trf/tmutcd/2011-rev-2/revision-2.pdf https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/100-E_series/pdfs/soi132.pdf https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/100-E_series/pdfs/soi132.pdf http://onlinemanuals.dot.state.tx.us/txdotmanuals/geo/geo.pdf

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

5.2.3. 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.

6. SERVICE REQUIREMENTS: The vendor must:

6.1. Begin work within 10 business days after the issuance of the contract.

6.2. Provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times including, but not limited to, wearing hard hats, reflective vests, gloves, safety shoes, goggles, or protective harness that meets OSHA requirements for high elevation working environment.

6.3. Provide all labor, materials, and equipment necessary to meet service requirements including, but not limited to, truck mounted sampling rig, coring rig, and other coring supplies necessary to conduct continuous sampling throughout the term of the contract. Provide all labor, materials and equipment necessary to meet requirements including but not limited to:

6.3.1 Continuous Pavement Sample Machinery will utilize Shelby Push Tubes extruders in field.

6.3.2 When directed, pavement cores will be taken with a gasoline or hydraulic powered rotating core sampling machine with a six inch diameter bit capacity and 24 inch carriage travel. This machine shall be able to take a 16 inch depth core at a minimum rate of one per fifteen minutes.

6.4. Fifteen minutes is the maximum typical time expected for completion of a single location coring operation utilizing mobile operations traffic control.

6.5. Equip all vendor vehicles used for TxDOT field operations with amber and blue warning strobe lights.

6.6. Provide a primary point of contact.

6.7. Conduct driver license checks annually on vendor staff that drive to and from TxDOT work locations to verify compliance with paragraphs 5.2.

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

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

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

6.11. Not use restrooms for washing tools and equipment.

6.12. Ensure all personnel are fluent in English with the ability to receive, give, and

DATED: MAY 2023

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6.13. Provide pavement core and thin wall tube sampling services within 72 hours after the issuance of written authorization from the authorized TxDOT representative and in accordance with TxDOT’s current Geotechnical Manual located on the TXDOT website (reference paragraph 3.7).

6.14. Make every effort to minimize damage to the sample site whether on TxDOT right of way or otherwise.

6.15. Maintain all equipment in good working condition necessary to perform the service throughout the term of the purchase order. NOTE: TxDOT is not responsible for damage or repair to the vendor’s equipment during the performance of these services.

6.16. Clear site utilities, determine and provide appropriate traffic control conforming to TxDOT Traffic Control Standard Sheets and the TMUTCD (Texas Manual on Uniform Traffic Control Devices) including road lane closures when necessary.

6.17. Traffic control personnel including flaggers shall be trained and certified in traffic control operations per TxDOT requirements. The requirements are available on TxDOT’s website at ftp://ftp.dot.state.tx.us/pub/txdot info/cmd/cserve/specs/2014/prov/sp007001.pdf

6.18. Determine exact sampling locations per guidance provided by TxDOT contact, and as follows: No samples shall be taken in a patched area, and locations are to be adjusted to obtain representative samples of the test site area. All samples shall be taken in the outside lane alternating from one side of the roadway to the other, i.e., for a two lane roadway, unless otherwise directed. Identify existing layer materials, retain intact pavement cores and Shelby Push Tube samples of materials, and obtain samples of sub grade materials for Plasticity and Sulfates testing. Identify cement treated materials in the field using Phenolphthalein sprayed on material surface.

6.19. PAVEMENT CORE AND THIN WALL TUBE SAMPLING: The vendor must:

6.19.1. Provide thing wall tube sampling using a continuous Shelby Tube sampling machine, unless directed to use a rotational coring machine.

Diameter of Shelby Tube size will be 4 inches unless otherwise directed or allowed. Obtain continuous cores up to a maximum of 48 inches in length into subgrade.

6.19.2. Pavement core sampling will have a diameter of rotational cut core of 6 inches unless otherwise directed or allowed.

6.19.3. Repair all core holes with non-shrink grout (concrete pavement) or approved asphaltic patching material (asphaltic concrete pavement immediately after each coring.

6.20. SAMPLES: The Vendor must:

6.20.1. Provide acceptable core samples. (Reference paragraphs 6.18).

ftp://ftp.dot.state.tx.us/pub/txdot%20info/cmd/cserve/specs/2014/prov/sp007001.pdf ftp://ftp.dot.state.tx.us/pub/txdot%20info/cmd/cserve/specs/2014/prov/sp007001.pdf

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6.20.2. Provide one core sample per location using the below procedure.

6.20.3. Wrap samples in plastic and seal with tape.

6.20.4. Label samples with the highway number, location coordinates, and core number.

6.20.5. Perform TxDOT Plasticity Index determination tests including Tex-104 and 105-E on soils from each thin wall tube sampling location.

6.20.6. Perform TxDOT Tex-145-E Determining Sulfate Content in Soils – Colorimetric Method on soils from each thin wall tube sampling location.

6.20.7. Retain, store, and make available to TXDOT physical cores in a location protected from adverse weather for one year from collection date unless otherwise directed.

6.20.8. Upon request, deliver samples in a sturdy container to:

TxDOT Paris District Lab 1365 North Main Street Paris, Texas 75460

6.21. PAVEMENT CORE AND THIN WALL TUBE SAMPLING REPORTS: Provide summary of Pavement Core and Thin Wall Tube Sampling reports as follows:

6.21.1. Prepare, sign and deliver Coring/ Push Tube Sampling reports to TxDOT representative within two weeks of sampling. The reports shall form the basis for payment of services. An example report can be provided by TxDOT.

6.21.2. GPS collected information: Pavement sample information shall be recorded using a Handheld Global Positioning System (GPS) unit with coordinates, layer data and pictures of cores and roadway coring location collected. This GPS recorded information is to be provided to the TxDOT representative within one week after samples are taken from each roadway and includes a file in the .kmz format.

6.22. WORK ZONES: The vendor must provide, install, maintain, and remove signs, devices and materials for Work Zone Traffic Control as shown in TxDOT Standard Traffic Control Standard Sheets, Barricade and Construction Standard Sheets, TMUTCD (reference paragraph 4.5), and the CWZTCDL (reference paragraph 4.4) as required to safely handle traffic to facilitate coring on roadways.

No more than two TMA’s will be required at any one time.

6.22.1. Traffic control personnel including flaggers shall be trained and certified in traffic control operations per TxDOT requirements. The requirements are available on TxDOT’s website at https://ftp.dot.state.tx.us/pub/txdot-info/cmd/cserve/specs/2014/prov/sp007001.pdf https://ftp.dot.state.tx.us/pub/txdot-info/cmd/cserve/specs/2014/prov/sp007001.pdf https://ftp.dot.state.tx.us/pub/txdot-info/cmd/cserve/specs/2014/prov/sp007001.pdf

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6.22.2. Provide Traffic Control for vendor work operations. The vendor shall determine appropriate Traffic Control Standard and Provide Trafic Control Devices and implement necessary Traffic Control procedures for each sampling location. Typical pavement control traffic control typically would be Mobile Operations – 15 minutes maximum at each location. For work periods longer than 15 minutes – provide Traffic Control per outlined references in section 6.22 “Work Zones” in this document. Notify appropriate TxDOT Area Office Engineer of work locations and TCP standard selected for sampling operation.

6.23. TRAINING: The vendor must ensure that all operators successfully complete one of the three below TxDOT- approved training classes. The vendor is responsible for coordinating enrollment and paying the associated fees for the training. All training certifications will be valid for a period as indicated by the course provider.

In the event the training provider does not indicate a certification expiration, then the valid certification will expire three years after the successful date of completion.

6.23.1. Provider: American Traffic Safety Services Association Course Title: Traffic Control Supervisor, Work Zone Traffic Control for CRPs

6.23.2. Provider: Texas Engineering Extension Service

Course Title: Work Zone Traffic Control for CRPs

6.23.3. Provider: University of Texas at Arlington, Division for Enterprise Course Title: Traffic Control Supervisor

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

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

7.1.1. Any instance of failing to provide equipment needed to perform work as defined in the statement of work.

7.1.2. Any instance of not wearing personal protective equipment (reference paragraph 6.2).

7.1.3. Any instance of failing to repair core holes with non-shrink grout immediately after coring operations (reference paragraph 6.18.3).

7.1.4. Any instance of failing to follow approved TCP’s.

7.1.5. 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.

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7.2. An exceptional performance determination includes, but is not limited to, vendor being commended for exceptional customer service or exceptional service provided.

8. PERSONNEL CONTINUITY AND REPLACEMENT

8.1. The Operators must remain available for the entire term of the contract as long as that individual is employed by the vendor.

8.2. 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 Operators will require the vendor propose a replacement. The vendor must notify TxDOT within 24 hours after the vendor is made aware of such a situation.

8.3. Proposed replacement personnel must:

8.3.1. Be submitted to TxDOT within 15 calendar day(s) of notification resulting from paragraph 9.1 or 9.2 above.

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

8.3.3. Be provided at no additional cost to TxDOT.

8.3.4. 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.

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

10. MOBILIZATION: Mobilization is defined as the set-up of necessary equipment delivered to a project site to prepare for the required services to begin. TxDOT will pay travel time from the vendor’s nearest Texas location to the project site at the start of the project and back to vendor’s nearest Texas location at the end of the project at a single hourly rate for each individual traveling no matter the hourly rate paid to that individual during normal performance of the service.

11. CONFLICT OF INTEREST: The vendor, vendor’s personnel, and vendor’s subcontractor(s) affirm not to have acquired and agree not to acquire any interest during the term of the contract that would conflict in any manner with the performance of the vendor’s obligations in regards to services authorized.

11.1. To avoid an appearance of a conflict of interest, any qualified non-TxDOT laboratory shall perform only one of the following types of testing on the same project:

11.1.1. Quality assurance verification testing.

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11.1.2. Quality control testing.

11.2. The vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have not been employed or an employee or contracted agent for the firm in which he or she is performing inspections as required under the contract for a period not less than five years from the effective date of the contract. Furthermore, the vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have no financial interests of any kind in the firm in which he or she is performing inspections as required under the contract. Violation of this provision may be grounds for termination of the contract.

11.2.1. First consanguinity (blood) is described as a person who is related to you by blood in the first degree: mother or father, brother or sister, son or daughter.

11.2.2. Affinity (marriage) is described as a person who is your spouse, spouse’s mother or father, brother or sister, son or daughter; your brother’s or sister’s spouse; son’s or daughter’s spouse; stepmother or stepfather.

12. ADDITIONAL INVOICING INSTRUCTIONS: The vendor must:

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

12.1.1. Location of service.

12.1.2. Number of locations cored or thin wall tube sampling preformed.

12.1.3. Control Number provided by TxDOT.

12.1.4. Labor hours and rates detailed on each vendor invoice.

NOTE: Partial hours will be paid by rounding to the nearest half-hour as shown below:

Less than 15 minutes – round to zero hours.

Fifteen (15) minutes to 45 minutes (inclusive) – round to 1/2 hour.

Greater than 45 minutes – round to 1 hour.

12.2. Documentation validating the invoice charges must be emailed to the designated

TxDOT representative and include, but not be limited to: An itemized list of samples taken by the Technician must accompany each invoice. Hours will be approved daily by the designated TxDOT representative.

12.3. If service is scheduled and the vendor arrives as scheduled with equipment and then released by TxDOT due to TxDOT equipment failure, weather, or other extenuating circumstances beyond the control of the vendor, a minimum of four hours will be paid at the hourly rate bid on the solicitation.

13. TxDOT RESPONSIBILITIES: TxDOT will:

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13.1. Provide a designated TxDOT representative and a primary point of contact. The designated TxDOT representative will handle decisions regarding problems that may arise during the services to include, but not be limited to:

13.1.1. Appropriate sampling method.

13.1.2. Whether to shift the pavement core/thin wall tube sampling location due to underground obstacles.

13.1.3. Ultimate depth of the pavement core/thin wall tube sampling.

13.1.4. Whether to stop pavement core/thin wall tube sampling for the day for any reason.

13.2. Provide the locations where the pavement core/thin wall sample will be taken.

13.3. Provide a Work Authorization Form when scheduling service.

13.4. Provide a TxDOT representative on-site when work is to facilitate pavement layer depth checks.

13.5. Perform periodic audits or field reviews as needed to ensure that the vendor is operating the program under the requirements of state law, the terms of the program rules contained within, and the agreement executed between TxDOT and the vendor.

13.6. Provide traffic control for pavement core/thin wall tube sampling on IH30 and US 75, excluding service roads.

13.7. Provide additional TMAs as needed and determine if this number needs to be decreased depending on the job.

13.8. Approve TCP that will be utilized.

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

14.1. 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 (POCN) signed by the authorized TxDOT purchasing agent.

14.2. Upon issuance of contract, TxDOT will designate an individual to serve as the contract manager and point of contact between the agency and the vendor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

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

14.2.2. Managing the financial aspects of the contract including approval of

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

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

14.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 2.1.