TEXAS DEPARTMENT OF TRANSPORTATION COLLECTION AND REMOVAL OF COMPOSTABLE MATERIALS YARD AND FOOD WASTE

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1 TEXAS DEPARTMENT OF TRANSPORTATION SPECIFICATION NO. COLLECTION AND REMOVAL OF COMPOSTABLE MATERIALS YARD AND FOOD WASTE PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this specification 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 solicitation is to provide services to collect and remove compostable materials from TxDOT facilities on a recurring basis and transport same materials to a facility that processes the material into compost and mulch products. The service shall include provision of containers for collection of various types and quantities of yard waste, wood, paper, and food waste from the TxDOT facilities listed on Schedule 1 Pricing, Locations and Containers. 2. DEFINITIONS OF TERMS AND ACRONYMS 2.1. COLLECTION CONTAINER: A receptacle, including lids that protect, contain, and store compostable materials COMPOSTABLE MATERIALS: Types of materials included in this service are: Pre-Consumer Food Waste: Food scraps, which includes meat products from food preparation Post-consumer food waste, which includes meat products Paper and cardboard products such as restroom hand towels, food-soiled napkins, pizza boxes, paper food and drink containers, and waxed paper Wood Products: All unfinished wood, including but not limited to, wood pallets will be accepted. Wood waste may contain small amounts of metal fasteners or nails Yard waste such as tree leaves, small branches, and landscaping plants Any additional material or product that could be deemed compostable as agreed on by the TxDOT Contract Administrator (TxDOT CA) and the vendor FEL - Front End Loader: Large waste container that can be serviced using a Front-End Loader truck POC: Point of contact 2.5. REAR-LOAD: Large waste containers that can be serviced using a rear loader truck 2.6. ROLL-OFF: Large waste container that fits onto a truck and can be loaded and unloaded hydraulically 2.7. SERVICE CHARGE: Price charged by the vendor to TxDOT to service a collection container(s) 2.8. TAC: Texas Administrative Code 2.9. TxDOT CA: TxDOT Contract Administrator 3. APPLICABLE LAW S 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 30 Texas Administrative Code (TAC) 30, Chapter 328, Waste Minimization and Recycling. * This Specification Supersedes TxDOT Specification No B Dated September

2 3.2. Title 30 Texas Administrative Code (TAC) 30, Chapter 332, Composting. 4. RESPONDENT QUALIFICATIONS: The respondent shall: 4.1. Be a company engaged in the business of providing collection and removal of compostable materials for a minimum of three years within the last five years. 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 and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent s audited or un-audited financial statement. TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section , to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service. Factors to be reviewed include: Balance sheets Net working capital Current asset ratio Liquidity ratio Auditor(s) notes Any notes to the financial statements 5. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for three years within the last five years. References shall illustrate respondent s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References). 6. VENDOR REQUIREMENTS: The vendor shall: 6.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation Provide a primary point of contact name, telephone number(s), address, and mailing address Have and maintain all applicable permits required to be in compliance with federal, state, and local laws, regulations and ordinances for operating a composting facility Furnish and set in place and maintain collection containers Own or rent all equipment to perform the service at the time of purchase order award and for the term of the purchase order. 2-8

3 6.6. Ensure each driver possesses a Class B Commercial Driver License valid in the state of Texas Provide all labor, materials and equipment necessary to meet requirements, except where noted that TxDOT is providing. 7. SERVICE REQUIREMENTS: The vendor shall: 7.1. Begin work within 10 business days of the purchase order award or on the agreed upon date between TxDOT and the vendor. The vendor shall make arrangements with the designated TxDOT CA prior to setting containers listed on Schedule 1 Pricing, Locations, and Containers Provide an implementation and delivery schedule of containers for each location listed on Schedule 1 Pricing, Locations, and Containers within two business days of the purchase order award or on the agreed upon date between TxDOT and the vendor. The schedule will be approved by TxDOT in writing within two days of receipt of delivery schedule of containers Send an to request a service schedule change to the TxDOT CA and wait for written approval prior to asking any permanent service schedule changes Telephone or the designated TxDOT CA when minor changes must be made to the daily pickup schedule. An example of a minor change may include, but is not limited to, driver running late on the route or equipment breakdowns which will affect pickup delay for the day or week Provide additional dates of services on an as-needed basis as requested by TxDOT CA Deliver, service, and remove containers in a manner that does not disrupt TxDOT s normal business operations as detailed below and adhere to the following schedule unless otherwise specified by the designated TxDOT CA Between 4:00 a.m. and 5:00 p.m. local time, Monday through Friday, excluding state and federal holidays. Service the TxDOT facilities according to the service frequencies detailed on Schedule 1 Pricing, Locations, and Containers Optional weekend or other requested service times shall be approved in writing by the TxDOT CA prior to a schedule change Provide extra pick-up trips on an as-needed basis as requested by the TxDOT CA. (Ref. Para ) 7.5. Weigh all incoming material on stated certified scales and provide data in the monthly recycling activity report. Provide proof of scale certification with the first monthly report and upon the renewal of the purchase order Properly recycle all materials in an authorized recycling center and provide the delivery ticket from the recycling center with the invoice. NOTE: When recycling container is contaminated, the vendor shall call or the TxDOT CA pictures detailing the contamination. The vendor shall take the contaminated material to a landfill in lieu of an authorized recycling center. Input the price of the landfill fee on Schedule 1 Pricing, Locations, and Containers Thoroughly clean or replace vendor-owned containers at each scheduled service. Wash out water shall be removed from TxDOT site by vendor at each cleaning Leave storage location clean of debris after servicing Provide replacement containers during off-site cleaning or touch up painting of collection containers. 3-8

4 7.10. Remove damaged containers as requested by designated TxDOT CA within five business days of request and between the hours of 4:00 a.m. and 5:00 p.m. local time, Monday through Friday, excluding state and federal holidays. Replace removed damaged containers with undamaged, functional container within five business days Be responsible for and repair or reimburse TxDOT for any and all damages to the interior or exterior of the buildings caused by the vendor during performance of the service. Repair, replace or pay for damages at full replacement cost, within 30 days from receipt of notice by the TxDOT CA Remove containers from TxDOT property within five business days after expiration or cancellation of the purchase order. Failure to remove all containers within this time frame may result in TxDOT moving containers to another location Provide the types and quantities of collection containers listed on Schedule 1 Pricing, Locations, and Containers and described below for the collection and removal of compostable material. Use of alternate collection containers requires written approval from the designated TxDOT CA Outside Front-End Load and Rear Load Containers shall: Be available in two sizes: Minimum size four cubic yard capacity and six cubic yard capacity Have a lid to prevent materials from blowing away or spilling out and to restrict insects, rodents and other animals and rainwater from entering the container. Lid shall be equipped with locking mechanisms to prevent unauthorized dumping or access Have drain plugs to remove any collected water within the container Be green in color, undamaged, clean, and clear of any graffiti or advertising except the logo of the vendor Be properly labeled with vendor s company logo. A painted company logo on all the containers is acceptable. Identification can be satisfied with a minimum company logo sticker size of 15 inches high by 17 inches wide on every container. TxDOT logo may not be used by vendor Be properly labeled to identify material collected. Identification can be satisfied with a minimum sticker size of 15 inches high by 17 inches wide on every container. TxDOT logo may not be used by vendor Roll-Off Containers shall: NOTE: Damaged or peeling labels shall be removed and replaced throughout the term of the purchase order Have a minimum capacity of 30 cubic yards Have a lid or tarp to prevent materials from blowing away or spilling out and to limit insects, rodents and other animals and rainwater from entering the container. Lid shall be equipped with locking mechanisms to prevent unauthorized dumping or access Have drain plugs to remove any collected water within the container Have a minimum three-foot wide door for accessing dumpster interior Be green in color, undamaged, clean, and clear of any graffiti or advertising except the advertising logo of the vendor 4-8

5 Be properly labeled with vendor s company logo. A painted company logo on all the containers is acceptable. Identification can be satisfied with a minimum company logo sticker size of 15 inches high by 17 inches wide on every container Be properly labeled to identify material collected. Identification can be satisfied with a minimum sticker size of 15 inches high by 17 inches wide on every container. NOTE: Damaged or peeling labels shall be removed and replaced throughout the term of the purchase order. 8. MONTHLY REPORT: The vendor shall submit to the TxDOT CA a report in an Excel format, as an attachment to an , on or before the 10th of each month, that includes: 8.1. Total weight of material composted in the billing cycle 8.2. Dates services were performed during the previous month 8.3. Locations serviced to include service charges 8.4. Total amount due to the vendor 9. TxDOT RECYCLING LOCATIONS 9.1. Locations of facilities are specified on Schedule 1 Pricing, Locations, and Containers TxDOT reserves the right to add or delete facilities serviced under this purchase order TxDOT CA will send an notice to the vendor seven business days in advance for adding to or deleting a location from the facilities listed on Schedule 1 Pricing, Locations, and Containers Service frequency will be provided for the new location as approved by the TxDOT CA The service charge for an additional location shall be the same as for the location on Schedule 1 Pricing, Locations, and Containers with the same container type that is closest to the new location. 10. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT CA UNSATISFACTORY PERFORMANCE: An unsatisfactory performance determination includes, but is not limited to: Failure to meet invoicing deadlines three times within six months. (Ref. Para. 15.) Failure to provide and maintain the containers required in Para 7. three times within six months Failure to maintain all insurance requirements during the term of the purchase order (Ref. Para. 6.1.) Disposing of TxDOT compostable materials in a landfill without prior written approval by the designated TxDOT CA anytime during the term of the purchase order (Ref. Para. 7.6.) Disposing of compostable material illegally anytime during the term of the purchase order (Ref. Para. 7.6.) Any occurrence of failure to repair, replace or pay for damages at full replacement cost, within 30 days from receipt of notice by the TxDOT CA (Ref. Para ) NOTE: Unsatisfactory performance shall result in a negative vendor performance report or cancellation of the purchase order or both. 5-8

6 10.2. EXCEPTIONAL PERFORMANCE: An exceptional performance determination includes, but is not limited to, vendor commended for providing exceptional customer service. Performance is considered exceptional when services are provided that were not specified or exceeded the minimum specifications, at no additional cost to TxDOT. NOTE: An exceptional performance may result in an exceptional vendor performance report. 11. FACILITY RESTRICTIONS: The vendor shall make arrangements with the designated TxDOT CA prior to setting containers listed on Schedule 1 Pricing, Locations, and Containers. 12. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times while on TxDOT property. 13. SUBCONTRACTING Subcontractors providing service under the purchase order shall meet the same service requirements and provide the same quality of service required of the vendor No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services The vendor shall be the only contact for TxDOT and subcontractor(s) The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted TxDOT retains the right to check subcontractor s background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor TxDOT reserves the right to request the removal of vendor s subcontractor staff deemed unsatisfactory by TxDOT Subcontracting shall be at the vendor s expense During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within five calendar days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation along with the required forms and instructions. Responses that do not include a completed HUB Subcontracting Plan as indicated on the solicitation shall be rejected pursuant to Texas Government Code (B). 14. CONFLICT OF INTEREST: The vendor, vendor s personnel and vendor s subcontractor(s) shall affirm not to have, nor acquire, any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor s obligations in regards to services authorized. 15. INVOICING INSTRUCTIONS: The vendor shall provide: ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the line item on the Schedule 1 Pricing, Locations, and Containers for each item charged. The original invoice shall be ed to the address indicated on the purchase order to ensure timely payment and shall include the following: Complete purchase order number 6-8

7 Vendor Employer Identification Number (EIN) Dates of services Location of service as it corresponds to Schedule 1 Pricing, Locations, and Containers NOTE: Invoices requiring correction shall be re-submitted with a new invoice date COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original documentation that validates the invoice charges shall be ed to the designated TxDOT representative to include but not be limited to: Copies of invoices from subcontractors or other entities to which vendor has made payment and requires reimbursement from TxDOT as agreed to in the purchase order Delivery ticket from authorized recycling center NOTE: Invoices requiring correction shall be re-submitted with a new invoice date. 16. TxDOT RESPONSIBILITIES: TxDOT will: Provide a TxDOT CA, business address, address and telephone number Ensure compostable materials are placed in approved containers Approve implementation and delivery schedule within two days of submittal by vendor (Ref. Para. 7.2.) Provide 48 hour notice for extra pick-up trips on an as-needed basis (Ref. Para. 7.4.). 17. RESPONSE SUBMISSION The following shall be submitted with the response. Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration: Original, signed, dated, and completed Invitation for Bid (IFB) Schedule 1 Pricing, Locations, and Containers Schedule 2 Respondent Qualifications and Experience HUB Subcontracting Plan (If applicable, this requirement is stated on the IFB.) The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration: Respondent References Form. 18. AWARD TxDOT reserves the right to award to the most responsive, responsible respondent meeting the specification TYPE OF AWARD: Single Award: One purchase order awarded to a single vendor. 19. POST AW ARD MEETING: Vendor may be requested to attend a post award meeting in person or via teleconference or via WebEx or in Austin, Texas, with TxDOT within 10 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order. 20. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT CA and TxDOT Procurement. TxDOT Procurement staff will be responsible for administering the contractual business relationship with the vendor. 7-8

8 20.1. 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 agent Upon issuance of purchase order, TxDOT will designate an individual to serve as the TxDOT CA and point of contact between TxDOT and the vendor. The TxDOT CA does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual s contract management and contract administration responsibilities include, but are not limited to: Monitoring the vendor s progress and performance and ensuring services conform to established specification requirements Managing the financial aspects of the contract including approval of payments Meeting with the vendor as needed to review progress, discuss problems and consider necessary action Identifying a breach of contract by assessing the difference between contract performance and non-performance Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition 8-8