INVITATION TO BID

The City of Temple, Texas, will receive bids for:

BID #37-01-26

ASBESTOS ABATEMENT & DEMOLITION OF

1102 S MAIN STREET AND 1809 W AVENUE M

Issued: Monday, December 8, 2025

Submittal Deadline: Thursday, January 15, 2026, by 2:00 p.m. CST

City of Temple Purchasing Department 3110 E Avenue H, Building C

Temple, TX 77501 Phone: 254-298-5655

Email: purchasing@templetx.gov

E-Bidding Portal: https://templetx.bonfirehub.com mailto:purchasing@templetx.gov https://templetx.bonfirehub.com/

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INVITATION TO BID (ITB) CONTENTS

Page

Bid Timeline

Section 1 – Scope of Work

Section 2 – Bid Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Bid Forms

• Form 5.1. Bidder Information Form

• Form 5.2. Pricing Form

• Form 5.3. Conflict of Interest Questionnaire, if applicable

• Form 5.4. Local Preference Declaration, if applicable

Section 6 – Attachments

• Attachment 6.1. 1102 S Main Street Pictures

• Attachment 6.2. 1809 W Avenue M Pictures

• Attachment 6.3. Sample Asbestos Abatement and Demolition of a Structure

Contract

Separate Attachments (Bonfire)

• Attachment 6.4. Asbestos Abatement Report 1102 S Main Street

• Attachment 6.5. Asbestos Abatement Scope of Work 1102 S Main Street

• Attachment 6.6. Asbestos Abatement Report 1809 W Avenue M

• Attachment 6.7. Asbestos Abatement Scope of Work 1809 W Avenue M

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BID TIMELINE

Date Event

Monday, December 8, 2025 Release of Bid

Wednesday, December 17, 2025 11:00 a.m. CST

Onsite Pre-Bid Meeting (non-mandatory)

A voluntary pre-bid meeting will be held at 1102 S Main St and move to 1809 W Avenue M. This pre-bid meeting will be the only opportunity for bidders to access the interior of the properties. The boundaries of the demolition work will also be discussed at the pre-bid meeting. Although attendance is not required, it is highly recommended.

Thursday, January 8, 2026 12:00 p.m. (noon) CST

Deadline for Questions related to ITB

Submit questions in writing through the Bonfire online bidding portal or email to purchasing@templetx.gov.

Thursday, January 15, 2025 2:00 p.m. CST

Bids Due

Submit bids:

1. Within the Bonfire online bidding portal at:

https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

City of Temple Purchasing Department 3210 E Avenue H, Building C Temple, Texas 76501

January 2026 Anticipated Award

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the Bid Timeline as deemed necessary.

mailto:purchasing@templetx.gov.

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SECTION 1 – SCOPE OF WORK

1.1. INTENT OF BID

a. The intent of this Invitation to Bid (ITB) is to establish an Asbestos Abatement and Demolition of Structure Contract for the asbestos abatement and demolition at the property locations listed below:

Attachments Property Locations Property Description

6.1. 1102 S Main Street Commercial and Accessory Structure

6.2. 1809 W Avenue M Commercial Structure (automotive shop)

b. The work shall be completed within 30 calendar days of the Notice to Proceed.

c. The estimate of probable cost associated with this project is $30,624.

1.2. ACCESSING SITE

Bidders shall not access the property without a City of Temple (City) employee escort.

1.3. SCOPE OF WORK

a. The awarded contractor shall notify the City’s project manager before the start of the demolition to verify the proper scope of work for each property.

b. The City will coordinate the disconnection of electric, water and natural gas utilities prior to the start of demolition. It will be the responsibility of the awarded contractor to verify that all utilities have been disconnected prior to the start of the demolition.

c. All water and wastewater lines shall be removed to within 10 feet of the property line and are to be capped and flagged by the awarded contractor.

d. The awarded contractor shall provide any water and electricity needed for the asbestos abatement activities.

e. The asbestos-containing materials must be removed and properly disposed of by a licensed asbestos abatement contractor prior to commencement of the general demolition work.

f. Specifications for the demolition activities of each property location, including an aerial map and photographs, are provided in Attachment 6.1. and Attachment 6.2.

g. The Building Inspection Report for Asbestos-Containing Materials (ACBM) reports for each property location, provided as separate attachments, details the following results of asbestos testing:

• 1102 S Main Street: Approximately 55 sf of floor tile/mastic (Attachment 6.4.)

• 1809 W Avenue M: 6 windows-window caulking (Attachment 6.6.)

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a. As reflected in the Asbestos Abatement Scope of Work for 1102 S Main, provided as a separate attachment (Attachment 6.5.), onsite air monitoring during the abatement process is not required if RFCI work practices for the removal of the resilient floor-covering materials are followed by the scope of work report provided.

b. As reflected in the Asbestos Abatement Scope of Work for 1809 W Avenue M, provided as a separate attachment (Attachment 6.7.), onsite air monitoring during the abatement process is required and will be provided by Austin Environmental, Inc.

1.4. CONTRACT PROVISIONS

a. The successful bidder shall be required to execute an Asbestos Abatement and Demolition of Structure Contract like the sample contract attached and shall be required to provide the insurance as outlined herein. No changes to the attached contract will be allowed.

b. By submitting a bid for this project, the bidder is acknowledging the insurance requirements found in the attached contract, and they can comply with all insurance requirements as specified herein within 5 days of notice of intent to award.

c. The awarded contractor will be required to file a 10-day notification to the Texas

Department of State Health Services (DSHS) as required by State law. Regulations require that notification be made to DSHS before beginning renovation projects which include the disturbance of any asbestos-containing material (ACM) in a building or facility or before the demolition of a building or facility, even when no asbestos is present.

The notification must be made whether you are notifying in accordance with NESHAP, TAHPR, or both. DSHS shall be notified using the Online Asbestos Notification System or by mailing the Asbestos Abatement/Demolition Notification Form to DSHS. Notification shall be made no less than 10 working days (not calendar days) prior to the start of demolition or asbestos abatement activity or any other activity that will disturb asbestos (except for emergencies or ordered demolitions). Notifications which do not meet the 10-day requirement or are incomplete are considered to be ‘improper’ and may result in enforcement proceedings.

The City will be responsible for paying any fees assessed by DSHS, excluding any penalty fees assessed as a result of the contractor’s non-compliance with the notification rules or performance regulations.

d. The contractor will be required to file for the appropriate permits as required by City Ordinance. However, the City will waive the permit application fees associated with obtaining the permits.

https://vo.ras.dshs.state.tx.us/datamart/login.do https://www.dshs.texas.gov/asbestos-program/applications-forms-asbestos-program#notification

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SECTION 2 – BID REQUIREMENTS

2.1 ELECTRONIC SUBMISSION

a. Access the Bonfire e-procurement portal at https://templetx.bonfirehub.com. The City will use Bonfire for communicating all bid documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

b. Bidders can contact Bonfire at Support@GoBonfire.com for technical questions related to the Bonfire portal or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us. Bid submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Bonfire.

c. Bid submissions may be amended by the bidder directly in Bonfire, but only before the submission deadline.

d. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Bonfire has built-in lockbox technology that will date stamp submittals and will keep all bids locked until the bid opening date and time. The maximum upload file size is 1,000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

2.2 PAPER SUBMISSION

a. If a bid is delivered via hardcopy, the envelope or package containing the completed bid should be marked legibly on the outside with the submitter’s name and address along with the bid project number and title no later than the due date and time stated in the Bid Timeline.

b. The bidder shall sign and date the bid where provided within the ITB. The person signing the bid shall have the authority to bind the firm in a contract. Bids which are not signed and dated in this manner may be rejected.

c. All paper bids received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

2.3 SUBMISSION INSTRUCTIONS

a. Late submittals will not be accepted or considered. Bidders should be mindful of any potential delays due to security screening procedures, weather, connectivity issues, or other delays whether foreseeable or unforeseeable. Failure to submit a response before the bid due date and time will result in disqualification of the bid.

2.4 REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the Bonfire portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features. Alternatively, requests can be emailed to purchasing@templetx.gov by the deadline stated in the Bid Timeline.

mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us mailto:purchasing@templetx.gov.

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b. Any interpretations, corrections, or changes to this ITB will be made by addenda. All written/published addenda shall become part of this ITB and shall be acknowledged by the bidder in its bid. All other communications are unofficial and non-binding. Addenda will be released in the Bonfire portal in the ‘Files’ section. It is the sole responsibility of the bidder to verify issuance of addenda and to ensure receipt thereof.

2.5 INFORMATION REQUESTED FROM BIDDERS

a. Each bid must contain all required items and shall be submitted in the same order as listed below. The bid shall provide enough detail to permit the City to conduct a meaningful evaluation of the proposed services. However, bids should be prepared simply and economically, providing a straightforward, concise response to the information requested below. Incomplete bids may be rejected during review by the evaluation committee.

b. All bid materials may be incorporated in a subsequent contract between the City and awarded bidder.

c. Any material that the bidder wishes to be considered confidential in nature shall be clearly marked as such, and if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the bidder of such request to allow the bidder to write to the Texas Attorney General requesting that such information be excepted from disclosure.

d. Bid submittals shall include the following City-provided forms:

1. Form 5.1. Bidder Information Sheet

2. Form 5.2. Pricing Form

3. Form 5.3. Conflict of Interest Questionnaire (submit if applicable)

4. Form 5.4. Local Preference Declaration (submit if applicable)

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SECTION 3 – EVALUATION & AWARD

3.1 ELIGIBILITY FOR AWARD

a. Responsive Bid Bids shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible bidders must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this ITB;

• Have experience in competently performing similar contracts to those contemplated by this bid;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City; signing and submitting the bid is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the bidder or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other bidders.

d. As required by §2252.903, Government Code, bidder certifies that its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

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3.2 AWARD SELECTION

a. In accordance with Texas Government Code §252.043, this bid may be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City. Criteria to consider in determining best value, the City may consider:

(1) purchase price;

(2) reputation of bidder and bidder’s goods or services;

(3) quality of bidder’s goods or services;

(4) extent to which the goods or services meet the City’s needs;

(5) bidder’s past relationship with the City;

(6) impact on the ability of the City to comply with laws and rules related to contracting with historically underutilized businesses (HUBs) and nonprofit organizations employing persons with disabilities;

(7) total long-term cost to the City to acquire the bidder’s goods or services; and

(8) any relevant criteria specifically listed in the request for bids or proposals.

b. The City reserves the right to reject any and all bids submitted and to waive any informalities in bids received. The City also reserves the right to request additional information from bidders.

c. The City shall not be liable to any bidder for costs associated with responding to this ITB, for the bidder’s participation in any oral interview, or any costs associated with negotiations.

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SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1 SUBMISSIONS

a. The City reserves the right to reject any or all bids as it shall deem to be in the best interests of the City. Receipt of any bid shall under no circumstances obligate the City to accept the lowest dollar bid.

b. The City reserves the right to select one or more bidders and/or award one or more contracts based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this ITB, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with the City.

The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a bidder’s bid, including a bidder’s form contract, or any parts thereof.

c. Bids cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the bid, guaranteeing authenticity.

d. A bid may not be withdrawn or canceled by the bidder without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon bid of his bid.

e. All bids meeting the intent of this ITB will be considered for award. Bidders taking exception to the specifications, terms and conditions, sample contract document, or offering substitutions shall state these exceptions on the Bidder Information Form. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the terms of this ITB.

The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

f. Bids must comply with all applicable federal, state, county, and local laws concerning these types of services.

g. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

h. The City is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

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4.2 CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest;

or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the

City or submits an application or response to a solicitation; or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e., mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or

3. an agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this ITB and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Bids/Conflict of Interest Form. Compliance with this law is the responsibility of each bidder.

4.3 DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for contracts that:

a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

http://www.templetx.gov/ http://www.ethics.state.tx.us/filinginfo/1295/

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4.4 APPROPRIATED FUNDS

The purchase of services or products, arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting contract or any part of the contract at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the contract by giving the contractor a thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 31.

4.5 INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this ITB, as such is considered to be a gift of public funds in violation of the Texas Constitution, Article III, Section 52. The resulting contract, if any, shall contain no provision requiring the City to indemnify the bidder or any third party.

4.6 COMPLIANCE WITH ANTITRUST LAWS (Texas Government Code §2155.005)

By submitting a bid, bidder affirms under penalty of perjury of the laws of the State of Texas that:

a. I am duly authorized to execute a contract resulting from this solicitation on my own behalf or on behalf of the company, corporation, firm, partnership or individual bidder;

b. In connection with this bid, neither I nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this bid, neither I nor any representative of the company have violated any federal antitrust law; and

d. Neither I nor any representatives of the company have directly or indirectly communicated any of the contents of this bid to a competitor of the company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the company.

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SECTION 5 – BID RESPONSE DOCUMENTS

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FORM 5.1. - BIDDER INFORMATION FORM

1. Company Information

Company Name: _______________________________________________________

Business Address: ______________________________________________________

Remit-to Address, if different: ______________________________________________

Tax Identification Number: ________________________________________________

Contact Person: ________________________________________________________

Phone: _______________________________________________________________

Email: ________________________________________________________________

2. Addenda Our company has reviewed and formally acknowledges receipt of all addenda, if any, provided in the Bonfire e-procurement portal. Please record the number of addenda acknowledged here:

____________ (number of addenda acknowledged)

3. Credit Check Authorization The City is required to determine whether a bidder who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. By signing this Bidder Information Form, I hereby authorize the City of Temple, credit bureau, or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility.

4. Authorized Personnel State your firm’s personnel authorized to give representations regarding your bid or resulting contract, if any:

Name Phone Number Email Address

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5. Agreement

The successful bidder shall be able to execute the attached Asbestos Abatement and Demolition of Structure Contract and be able to comply with the insurance requirements as stated within the contract. Please confirm your ability to execute this contract.

____________ (initial to confirm)

6. References If your company has not provided like-kind products/services to the City in the last three (3) years, please provide three (3) customer references:

Entity Name Contact Person Phone # Email

7. Exceptions Taken by Bidder

State exceptions taken to any of the terms of this bid, if any.

8. Authorization

Authorized Signature: ____________________________________________________

Print Name: ___________________________________________________________

Title: ___________________________________ Date: _______________________

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FORM 5.2. – PRICING FORM

Paper Bid Response Complete and submit this form if submitting a paper bid response.

Online Digital Bid Response Submit pricing within the Bonfire portal if submitting a digital bid response. This form is not required.

PROPERTY LOCATION & DESCRIPTION

LUMP SUM PRICE

1102 Main Street

- Abate 55 sf of tile located in commercial structure (church) using the RFCI work practices, air monitoring not required.

- Demolish and properly dispose of the commercial and accessory structures.

- Remove and properly dispose of all concrete behind City sidewalk, leaving City sidewalk along S Main Street and the ribbon curb along W Avenue K.

- Remove and properly dispose of all miscellaneous lumber, rubble, concrete, tires, fallen vegetation and debris.

- Fill holes caused by excavation with clean soil to allow for proper drainage and prevent the accumulation of water and divert surface drainage to an approved location so as not to create a hazard.

1809 W Avenue M

- Abate, demolish, and properly dispose of the commercial structure (automotive shop).

- Remove and properly dispose of all concrete and debris between metal building and the alley.

- NOTE: Gas meter in alley services the other building on the lot, so exercise caution around the active meter.

- Properly dispose of potentially hazardous materials such as solvents, gasoline, acetylene, oxygen propane and CO2 tanks.

- Remove and properly dispose of all miscellaneous lumber, rubble, concrete, tires, fallen vegetation and debris.

- Fill holes caused by excavation with clean soil to allow for proper drainage and prevent the accumulation of water and divert surface drainage to an approved location so as not to create a hazard.

TOTAL BID PRICE $

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FORM 5.3. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

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FORM 5.4. – LOCAL PREFERENCE DECLARATION

The City of Temple has enacted a local preference policy as allowed by Chapter 271 of the Local Government Code. In accordance with the Council adopted policy, if the City receives a bid from a bidder whose principal place of business is within the incorporated city limits of Temple, and whose bid is within five percent of the lowest bid received from a bidder who does not have their principal place of business within the incorporated limits of Temple, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder who has their principal place of business within the incorporated limits of Temple, if the City Council determines that the local vendor offers the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of residents of the City of Temple and increase tax revenue to the City of Temple.

If your company’s principal place of business is within the incorporated limits of Temple and you are declaring your right to this local preference, please (1) check the box below, (2) indicate the address of your company’s principal place of business, and (3) record an explanation of how awarding your company the bid would impact the economic development of the City of Temple, including employment of residents of the City of Temple and increased tax revenue to the City of Temple. The City may request additional information to support your local preference declaration.

Check this box if your principal place of business is within the incorporated city limits of Temple and you are declaring your right to local preference. Then submit requested information below.

Address of your principal place of business: ______________________________________________

Summary explanation of impact on economic development impact to the City of Temple:

Please attach to your bid any additional information that will support your local preference declaration.

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SECTION 6 – ATTACHMENTS

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ATTACHMENT 6.1.

1102 S MAIN STREET

• Abate 55 sf of tile located in commercial structure using RFCI work practices, air monitoring not required.

• Demolish and properly dispose of commercial and accessory structures.

• Remove and properly dispose of all concrete behind City sidewalk, leaving City sidewalk along S Main Street and the ribbon curb along W Avenue K.

• Remove and properly dispose of all miscellaneous lumber, rubble, concrete, tires, fallen vegetation and debris.

• Fill holes caused by excavation with clean soil to allow for proper drainage and prevent the accumulation of water and divert surface drainage to an approved location so as not to create a hazard.

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Bid #37-01-26 Asbestos Abatement & Demolition of 1102 S Main Street and 1809 W Avenue M 26

AERIAL VIEW

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ATTACHMENT 6.2.

1809 W AVENUE M

• Abate, demolish, and properly dispose of the commercial structure (automotive shop).

• Remove and properly dispose of all concrete and debris between metal building and the alley.

• NOTE: Gas meter in alley services the other building on the lot, so exercise caution around the active meter.

• Properly dispose of potentially hazardous materials such as solvents, gasoline, acetylene, oxygen propane and CO2 tanks.

• Remove and properly dispose of all miscellaneous lumber, rubble, concrete, tires, fallen vegetation and debris.

• Fill holes caused by excavation with clean soil to allow for proper drainage and prevent the accumulation of water and divert surface drainage to an approved location so as not to create a hazard.

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Bid #37-01-26 Asbestos Abatement & Demolition of 1102 S Main Street and 1809 W Avenue M 30

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AERIAL VIEW

ATTACHMENT 6.3.

SAMPLE CONTRACT

CITY OF TEMPLE

ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURE CONTRACT

THE STATE OF TEXAS § Project: ASBESTOS ABATEMENT & DEMOLITION

OF 1102 S MAIN STREET & 1809 W AVENUE M

COUNTY OF BELL §

DATE: _______________

I. PARTIES

THIS CONTRACT, made by and between the City of Temple, Texas, a Municipal Corporation of Bell County, Texas (hereinafter called CITY) acting through its duly authorized agent, Brynn Myers, City Manager, and _______________ of _____________, (hereinafter called CONTRACTOR).

II. DESCRIPTION OF WORK

CONTRACTOR shall, at his own expense, furnish all materials, supplies, machinery, equipment, tools, superintendence labor, insurance, and other accessories and services necessary to complete the said asbestos abatement, demolition, and construction in accordance with the conditions and prices stated in the attached bid (Exhibit “A”) and other documents herein.

III. OBLIGATIONS OF CITY

The CITY has obtained an asbestos survey for the affected property by the scope of work, in accordance with all State and Federal regulations. The CITY agrees to engage a licensed asbestos abatement consultant to perform the oversight required by law for the asbestos abatement portion of the project.

IV. OBLIGATIONS OF CONTRACTOR

The CONTRACTOR agrees to coordinate with the CITY to find a mutually agreeable date upon which the work will start. Once a start date has been chosen, the CONTRACTOR will provide the CITY with a written statement agreeing to proceed on the designated date and remain present on the jobsite the entire duration of the asbestos abatements and demolition. Should the CONTRACTOR need to cancel or delay the work, they should immediately inform the CITY both via phone and in writing.

In addition, the CONTRACTOR will be responsible for providing notice of asbestos abatement and/or demolition to the Texas Department of State Health Services. These notices shall be postmarked no less than ten (10) working days prior to the start of any asbestos abatement or demolition.

The CONTRACTOR must complete the necessary work in the time designated in the notice to the Department of State Health Services. In the event that the work does not last as long as anticipated, the CONTRACTOR shall be responsible for assigning an individual to the job site until such period of time as designated in the notice to the Department of State Health Services is complete, as required by State regulation.

V. TIME OF THE ESSENCE/WORK ORDER

The CONTRACTOR hereby agrees to commence work under this Contract on a date to be specified in a written “Notice to Proceed” of the CITY and to fully complete all work within 30 calendar days. Time is of the essence of this Contract. Any request for extension of this period must be made in writing by the CONTRACTOR and will only be granted for good cause in the City’s sole discretion by a properly authorized change order.

Any request for extension of this period must be made in writing by the CONTRACTOR and will only be granted for good cause in the City’s sole discretion by a properly authorized change order.

VI. PAYMENT; LIQUIDATED DAMAGES

The CITY agrees to pay the CONTRACTOR a sum not to exceed $_________ for contract work satisfactorily and timely completed in accordance with the accepted Bid, upon final acceptance of the contract work. Payment will be made within 30 days of such final acceptance in accordance with State law.

The parties agree that the CITY may assess, and deduct from sums due the CONTRACTOR, liquidated damages of sixty-three dollars ($63) for each day past the scheduled completion date, when the CONTRACTOR is in default and requires additional time to substantially complete the work to the satisfaction of the CITY. This sum is not a penalty but is an agreed, reasonable amount in lieu of actual damages, which are too impractical and difficult to ascertain at the present time. However, should the CONTRACTOR reject the CITY’s determination of liquidated damages or institute legal action under the Contract, this paragraph shall not be construed so as to prevent the CITY from seeking, in addition to all liquidated damages due, full recovery for the cost of repairing or replacing defective work; the cost of completing the project; the diminution in value of the CITY’s property caused by defective or non-conforming work; the cost of extending supervision of the project the CITY; and CITY’s administrative expenses caused by delay (all of which are not to be considered in the assessment of liquidated damages).

CITY’s property caused by defective or non-conforming work; the cost of extending supervision of the project the CITY; and CITY’s administrative expenses caused by delay (all of which are not to be considered in the assessment of liquidated damages).

VII. ENTIRE CONTACT; CHANGE ORDERS

This Contract represents the entire agreement between the parties. No oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the Contract, unless a written change order is signed by the CONTRACTOR and the appropriate representative of the CITY.

VIII. NET PRICES

If during the life of the contract, the CONTRACTOR’s, net prices to other customers for items are reduced below the prices contained herein, it is agreed that the benefits of such reduction shall be extended to the CITY.

IX. CONTRACTOR’S CERTIFICATIONS

No public official shall have interest in this contract, in accordance with State law. CONTRACTOR certifies that he has not and shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the CITY.

CONTRACTOR certifies, pursuant to Texas Government Code Chapter 2270, that it does not boycott

Israel and will not boycott Israel during the term of this Agreement. CONTRACTOR further certifies, pursuant to Texas Government Code Chapter 2252, Subchapter F, that it does not engage in business with Iran, Sudan, or a foreign terrorist organization as may be designated by the United States Secretary of State pursuant to his authorization in 8 U.S.C. Section 1189.

CONTRACTOR certifies, pursuant to Texas Government Code Chapter 2274, Subchapter F, Title 10, if the CONTRACTOR has 10 or more full-time employees and the contract value is $100,000 or more, CONTRACTOR certifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract.

CONTRACTOR certifies, pursuant to Texas Government Code Chapter 2274, Subchapter F, Title 10, if the CONTRACTOR has 10 or more full-time employees and the contract value is $100,000 or more, CONTRACTOR certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and that it will not discriminate during the term of this contract against a firearm entity or firearm trade association.

X. WAGES

CONTRACTOR shall pay or cause to be paid, without cost or expense to the CITY, all Social Security, Unemployment, and Federal Income Withholding taxes of all employees and that all employees shall be paid wages and benefits as required by federal and state law.

XI. TERMINATION OF CONTRACT

The CITY reserves the right to terminate its obligations under the Contract should no public funds be appropriated during the following fiscal year for the purpose of meeting expenditures called for in the Contract, as required by state law.

The CITY reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of the CITY in the event of breach or default of the Contract. The CITY reserves the right to terminate the contract immediately in the event that the CONTRACTOR fails to meet schedules, defaults in any payments, or fails to otherwise perform in accordance with the specifications or obligations called for in this contract. CONTRACTOR agrees that the CITY shall not be liable for damages in the event that the CITY declares the CONTRACTOR in default.

XII. NO LIENS

IT IS HEREBY MUTUALLY AGREED by and between the parties hereto that no mechanic, contractor, subcontractor, material man or other person can or will contract for, or in any other manner have or acquire any lien upon the building or works covered by the Contract, or the land upon which the same is situated.

XIII. VENUE; CHOICE OF LAW

The parties agree that venue for any legal proceeding shall be Bell County, Texas. In any such proceeding brought to enforce the terms of this Contract, the City shall be entitled to attorney’s fees, expert witness fees and consultants in the event the City prevails in said proceeding. This contract shall be interpreted under the law of the State of Texas.

XIV. INDEMNITY

IT IS AGREED FOR ALL PURPOSES HEREUNDER, THE CONTRACTOR IS AND SHALL BE AN

INDEPENDENT CONTRACTOR AND SHALL NOT, WITH RESPECT TO THEIR ACTS OR OMISSIONS BE

DEEMED AN AGENT OR EMPLOYEE OF CITY.

THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY, ITS

OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST LIABILITY FOR ANY ALL CLAIMS, LIENS, SUITS, DEMANDS, AND/OR ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES, INCLUDING COURT COSTS, ATTORNEY FEES, EXPERT WITNESS FEES AND CONSULTANT’S FEES OR COSTS ARISING OUT OF

OR RESULTING FROM CONTRACTOR’S WORK AND/OR ACTIVITIES CONDUCTED IN CONNECTION

WITH OR INCIDENTAL TO THIS CONTRACT AND FROM ANY LIABILITY ARISING OUT OF OR

RESULTING FROM THE INTENTIONAL ACTS OR NEGLIGENCE, INCLUDING ALL SUCH CAUSES OF

ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW, OR BASED IN WHOLE OR

IN PART UPON THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CONTRACTOR,

INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,

LICENSEES, INVITEES, AND OTHER PERSONS. CONTRACTOR SHALL PROCURE CONTRACTUAL

LIABILITY INSURANCE COVERING ITS OBLIGATIONS IN THIS PARAGRAPH.

CONTRACTOR FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE

PRECAUTIONS ON BEHALF OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES AND OTHER PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY WHERE THE IMPROVEMENTS ARE BEING MADE. IT IS

EXPRESSLY UNDERSTOOD AND AGREED THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR

THE NEGLIGENCE OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS,

EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS.

FURTHER, CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR HARM, INJURY, OR ANY

DAMAGING EVENTS WHICH ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO PREMISE DEFECTS, REAL OR ALLEGED, IN IMPROVEMENTS CONSTRUCTED BY CONTRACTOR WHICH MAY NOW EXIST

OR WHICH MAY HEREAFTER ARISE UPON THE PREMISES, RESPONSIBILITY FOR ANY AND ALL SUCH

DEFECTS BEING EXPRESSLY ASSUMED BY CONTRACTOR. CONTRACTOR UNDERSTANDS AND

AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY TO ANY AND ALL CLAIMS, SUITS,

DEMANDS, AND/OR ACTIONS BASED UPON OR ARISING FROM ANY SUCH PREMISE DEFECTS OR

CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF

CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES,

SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS.

IT IS FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY, THAT CITY AND

CONTRACTOR WILL PROVIDE THE OTHER PROMPT AND TIMELY NOTICE OF ANY EVENT COVERED

WHICH IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS OR

MIGHT AFFECT THE CONTRACTOR OR CITY, AND CITY SHALL HAVE THE RIGHT TO COMPROMISE

AND DEFEND THE SAME TO THE EXTENT OF ITS OWN INTERESTS. ALL INDEMNITIES SHALL SURVIVE

TERMINATION, EXPIRY OR COMPLETION OF THE CONTRACT.

XV. INSURANCE

A. AMOUNTS OF INSURANCE

CONTRACTOR agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract:

TYPE AMOUNT

1. Workers Compensation (See Exhibit “B”) Statutory

Employer’s Liability $100,000 per occurrence

2. Commercial (Public) Liability, including but not limited to:

a. Premises/Operations Combined Single Limit for

b. Independent Contractors Bodily Injury and Property

c. Personal Injury Damage

d. Products/Completed Operations

e. Contractual Liability $500,000 per occurrence (insuring above indemnity provisions) or

And Where the Exposure Exists: $250,000 per person, $500,000 per occurrence

f. Coverage for Explosion, Collapse for bodily injury/death, and Underground Property Damage $100,000 per occurrence for property damage

3. Comprehensive Automobile Liability – to include coverage for:

a. Owned/Leased Automobiles Combined Single Limit for

b. Non-owned Automobiles Bodily Injury and Property

c. Hired Cars Damage: $500,000 per occurrence or

$250,000 per person, $500,000 per occurrence for bodily injury/death $100,000 per occurrence for property damage

B. OTHER INSURANCE REQUIREMENTS

CONTRACTOR understands that it is its sole responsibility to provide the required Certificates and that failure to timely comply with the requirements of this article shall be a cause for termination of this Contract.

Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney’s Office for their adequacy as to form, content, form of protection, and providing company.

Insurance required by this Contract for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY, under any third liability policy.

CONTRACTOR further agrees that with respect to the above required liability insurances, the CITY shall:

1. Be named as an additional insured.

2. Be provided with a waiver of subrogation, in favor of the CITY.

3. Be provided with 30 days advance written notice of cancellation, nonrenewal or reduction in coverage (all “endeavor to” and similar language of reservation-stricken form cancellation section of certificate).

4. Prior to execution of this Agreement, be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements.

5. CITY shall be included as an additional insured under the commercial general liability policy of CONTRACTOR using ISO additional insured endorsement CG 20 10 11 85, or a substitute providing equivalent coverage.

The insurance requirements set out in this section are independent from all other obligations of CONTRACTOR under this contract and apply whether or not required by any other provision of this contract.

C. SURETY BONDS

With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, performance and payment bonds in accordance with the provisions of the Texas Government Code Chapter 2253, Subchapter B, §2253.021, as amended, on forms provided by the CITY and approved by its attorney.

With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, the surety bonds specified hereunder. Without exception, the CITY’s bond forms must be used, and exclusive venue for any lawsuit in connection with such bonds shall be specified as the county in which the CITY’s principal office is located, i.e., Bell County, Texas. Such surety bonds shall be in accordance with the provisions of Texas Government Code Chapter 2253, Subchapter B, §2253.021, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or without notice to the surety, but in no event shall a change which reduces the contract amount reduce the penal amount of such bonds. Provided however, the Owner may waive these bond requirements, at its sole discretion, under circumstances allowing such waiver in accordance with Texas Government Code Chapter 2253, Subchapter B, §2253.021 and other applicable laws. CONTRACTOR understands that Texas Government Code Chapter 2253, Subchapter B, §2253.021 as currently written does not require bonds unless the contract price exceeds $50,000. CONTRACTOR will be paid once the job is complete and accepted by the City of Temple but only according to current payment schedules and policies of the City of Temple Finance Department.

(a) Performance Bond. A good sufficient bond in an amount not less than 100 percent of the approximate total amount of the contract, as evidenced by the bid tabulation, or otherwise guaranteeing the full and faithful execution of the work and performance of the contract in accordance with the plans, specifications, and contract documents, including any extensions thereof, shall be provided for the protection…