Ji0826-57_Specifications.pdf

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CITY OF BEAUMONT

PURCHASING DIVISION

INFORMAL BID

BID FOR:

NESHAP Demolition and Debris Removal of

One (1) Commercial Structure Located at

1210 Houston St., Beaumont, Texas 77701

BID NUMBER: Ji0826-57

BID CLOSE: WEDNESDAY, SEPTEMBER 16, 2026 AT 10:00 A.M. (CT)

PRE-BID MEETING: N/A

QUESTION CUT OFF: WEDNESDAY, SEPTEMBER 9, 2026 AT 2:00 P.M. (CT)

SUBMIT BID TO: https://beaumonttexas.ionwave.net/Login.aspx

FOR BID RESULTS:

Go to the City of Beaumont’s e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx

FORMAL BIDS are bids the City anticipates that may come in over $50,000 and will require

City Council approval for award of the contract.

INFORMAL BIDS are bids the City anticipates that may come in under $50,000 and will not require City Council approval for award of the contract.

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1. INTENT

The City of Beaumont solicits bids for the demolition and debris removal of the commercial structure listed below:

Address * Square Footage

1210 Houston St.

Beaumont, Texas 77701

Structure: 2,310 sq. ft.

* See Exhibit “A” for photos of subject property.

2. CONTRACT TERM

This contract shall be in effect for the approved length of time bid that it takes to complete the project within the maximum days allowed.

3. REQUIRED DOCUMENTS FOR BID:

Go to the City’s e-bids platform at: https://beaumonttexas.ionwave.net/Login.aspx.

3.1 Vendor must complete all items online under the ATTRIBUTES tab:

3.1.1 Bidder’s Information,

3.1.2 Conflict of Interest Questionnaire,

3.1.3 Addendums (if any),

3.1.4 Wage Rages.

3.2 Vendors must complete all items online under the LINE ITEMS tab:

3.2.1 Bid Table (pricing)

3.3 Vendors must complete and upload with their bid submittal all items listed online under the RESPONSE ATTACHMENTS tab:

3.3.1 House Bill 89 (HB89),

3.3.2 Bid Sheet Continued,

3.3.3 Statement of City Charter,

3.3.4 Local Vendor Preference, if applicable,

3.3.5 Insurance Affidavit.

(Certificate of Insurance [COB1] MUST be submitted after award of contract.)

3.3.6 Waste Transporter’s License

GENERAL BID INFORMATION

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3.4 All documents listed above MUST be submitted for bid to be considered.

3.5 Bids are to be submitted through online e-bids items only. Oral, telegraphic, e-mail or telephone bids or modifications will not be considered.

3.6 Bid items CANNOT be altered. If bidder needs to include additional information, it is to be provided on a separate sheet, with the number of the bid included, as well as the bidder’s company name. Bidders may upload separate sheet(s) to the e-bid site at: https://beaumonttexas.ionwave.net/Login.aspx under the Response

Attachments tab.

3.7 All portions of this bid requiring data or information must be filled in completely.

All required online entries and required uploaded documents MUST be submitted for bid to be considered. Failure to do so may result in bid rejection due to non-response.

3.8 Certifications, where required, shall accompany the bid submission. They may be uploaded under the Response Attachments tab.

3.9 Failure to comply with information requested on any of these items will result in disqualification of the bid.

4. EXPERIENCE AND CAPABILITY

Bidders shall furnish evidence satisfactory to the City that he has sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. Bidder shall include the following information to describe the experience and capability factors of the company:

4.1 Kind of company, i.e., corporation, partnership or sole proprietor. If corporation, please list names and addresses of three top corporate officers. If partnership, please list names and addresses of partners.

4.2 Number of years in operation.

4.3 Gross revenues of past two (2) years.

4.4 Largest dollar amount of contract currently in effect with a business.

4.5 Number of employees currently employed.

4.6 References from at least five (5) references with whom your company has completed similar type work within the last two (2) years. Name, address, phone number and contact person shall be stated for each reference. If possible, references should include at least one contact of similar type, size and price of this contract.

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4.7 List of equipment typically used by your company on a project of this scope

4.8 List jurisdictions and trade categories in which the organization is legally qualified to do business, and indicate registration or license numbers.

4.9 Has your organization ever failed to complete any work awarded to it?

4.10 Provide any information concerning any judgments, claims, arbitration proceedings or suits filed as a result of asbestos and or demolition projects performed.

NOTE:

These factors will be evaluated to determine your capability as a supplier.

This information shall be submitted by all bidders.

5. QUESTIONS

Specific questions concerning items or procedures in this solicitation shall be submitted on https://beaumonttexas.ionwave.net/Login.aspx. Questions will be answered through an

Addendum and posted on the IONWAVE site. Vendors who received notification of the bid opportunity will be notified of the Addendum via email.

Questions received less than seven (7) calendar days prior to the date of opening bids may not be answered. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. COMMUNICATIONS PERTAINING TO BID/RFP

Bidders/Proposers shall not attempt to directly contact City Council members, management, or

CITY staff other than the contact person listed within this bid/RFP document, during the pre-proposal or post-proposal period unless and until award has been made, and any resulting contract or agreement has been executed. The CITY intends to respond to all appropriate questions or concerns; however, the CITY reserves the right to decline to respond to any questions or concerns. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the bid/RFP and must be acknowledged in the bid/proposal response. Only the written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

7. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in the form of an Addendum which will be made available online at https://beaumonttexas.ionwave.net/Login.aspx. Vendors who received notification of the bid opportunity will be notified of the Addendum via email.

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8. All mathematical calculations will be verified. In the event of an error by bidder, City calculation shall be considered correct. In the event of discrepancies, the unit price stated by vendor shall be considered the bid price.

9. The City reserves the right to accept or reject any response or combination of bids deemed advantageous to it.

10. STATEMENT OF BILLS PAID

Bidder may not be more than sixty (60) days past due on any debt to the City, including but not limited to: water bills, licenses, permits or fees, or more than ninety (90) days past due on property taxes.

11. EQUAL OPPORTUNITY EMPLOYER

The successful bidder shall warrant and agree that he/she is an Equal Opportunity Employer.

Should complaints of any form of discrimination, either in dispensation of the service, or within company hiring policies be substantiated, this contract may be terminated immediately.

12. H.B. 89 COMPLIANCE –

Verification

The Awarded Vendor for the contract shall comply with the requirements of Senate Bill 252 Ch. 2252 Certification: Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153 of the Texas Government Code as adopted in 2017 as House Bill 89

(HB89).

The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits an executed HB89 Compliance form to the governmental entity.

Compliance with the law requires that the awarded Vendor complete the form and submit with bid or proposal. The form must be signed, notarized and submitted to the contracting government entity.

See H.B. 89 SIGNATURE FORM within these specifications.

13. LOCAL VENDOR PREFERENCE

The Texas Local Government Code, Sections 271.905(a) and 271.9051 allow the City to consider a vendor’s principal place of business in awarding certain contracts by way of competitive bids. This consideration is in effect to promote economic development opportunities through the contract by employing local residents and increasing tax revenue. If you are a Beaumont vendor and wish to be considered for application of this preference, fill in the forms at the end of this package and return with your bid.

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14. AWARD FACTORS

14.1 The City reserves the right to waive bid informalities, to reject any or all bids, and to award to the most responsible bidder making the most satisfying offer to the City.

14.2 Contract may be awarded to one (1) contractor, as is most advantageous to City, on an all-or-none basis.

14.3 The Contractor may not assign (subcontract) all or part of this contract to any other person, firm, or corporation without prior consent in writing by the City Manager or his designee.

14.4 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality.

14.5 In determining the best value for the municipality, the municipality may consider:

14.5.1 the purchase price;

14.5.2 the reputation of the bidder and of the bidder’s goods or services;

14.5.3 the quality of the bidder’s goods or services;

14.5.4 the extent to which the goods or services meet the municipality’s needs;

14.5.5 the bidder’s past relationship with the municipality;

14.5.6 the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

14.5.7 the total long-term cost to the municipality to acquire the bidder’s goods or services; and

14.5.8 any relevant criteria specifically listed in the request for bids or proposals.

14.6 City may conduct investigations as may be deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the contract documents to Owner’s satisfaction within the prescribed time.

14.7 The successful bidder will be issued a Notice of Award, then a Notice to Proceed.

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15. BID TABULATION

Bid Tabulation will be available on the City of Beaumont e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx. Bid tabulations will not be provided via any other means. Furnishing of tabulations prior to Council action or by means other than City e-bids platform is not authorized.

16. LIABILITY

THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD

HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND

EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND

DAMAGES OF EVERY KIND, FOR INJURY TO OR DEATH OF ANY PERSON

AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION

WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT,

AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR

ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID

CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY

REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS

CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE

NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE.

Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers’ compensation and employer’s liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City’s approved Certificate of Insurance.

The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage.

17. INVOICES

17.1 Payment by City to Vendor shall be made in accordance with the requirements of Texas

Government Code §2251.021.

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17.2 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided, and if provided for a specific vehicle, the vehicle

ID number.

17.3 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery.

17.4 Invoices may be submitted via email to: invoices@beaumonttexas.gov

17.5 Invoices may be submitted via U.S. Mail to:

ATTN: Accounting Division

City of Beaumont

P. O. Box 3827

Beaumont, TX 77704-3827

17.6 Faxed invoices will not be accepted.

17.7 It is the Contractor’s responsibility to obtain a purchase order number AND City

Department for the order. This information MUST be included on the invoice. Any invoicing received from the City without this correct information may not be paid.

18. FUNDS FOR PAYMENT

Funds for payment are provided by the City of Beaumont budget approved by City Council for the current budget year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved.

Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget approval.

19. CONTRACT TERMINATION

The City, besides all other rights or remedies it may have, shall have the right to terminate this agreement upon thirty (30) days’ written notice from the City Manager or his designee, of its election to do so, or if the successful bidder fails to perform the services or breaches this agreement, including the following:

19.1 By failing to pay insurance premiums, liens, claims or other charges.

19.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this

Agreement or any taxes, fees, assessments, or liens.

mailto:invoices@beaumonttexas.gov

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19.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business.

19.4 By violation of any provision or non-performance of the Agreement.

19.5 By death of the Contractor, or dissolution of the Contracting firm or business.

19.6 By failing to start and or complete assigned work orders within the agreed upon schedule.

19.7 By the abandonment of the premises or any portion thereof and discontinuance of the

Contractor's operations, or any portion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it is necessary for the City to remove the same for storage or disposal.

19.8 In the event the City calls for a mandatory evacuation due to a storm or other emergency, the Contractor shall cease all work at the facility. Upon the removal of the evacuation order, the Contractor has two (2) business days to contact the Purchasing Department at

(409) 880-3720 for instructions and authorization to resume services at the facility.

20. CONTACT INFORMATION

If any information is needed concerning specifications, please contact:

June Jordan, Buyer II

Finance Department / Purchasing Division

City of Beaumont

Physical Address:

801 Main St., Suite 315, Beaumont, TX 77701

Mailing Address:

P.O. Box 3827, Beaumont, TX 77704-3827

Phone # (409) 880-3757

E-mail: june.jordan@beaumonttexas.gov mailto:june.jordan@beaumonttexas.gov

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1.0 General Information

1.1 This Contractor shall provide all labor, material and equipment necessary to complete all work as specified herein and indicated in the bid specifications.

2.0 DEMOLITION

2.1 Scope of Work for the NESHAP DEMOLITION and debris removal of this structure:

2.1.1 This structure must be demolished and disposed of according to the National

Emissions Standards for Hazardous Air Pollutants (NESHAP). Demolition

Contractor will be responsible for adhering to federal, state, and local

Regulations and must be licensed to haul asbestos-containing materials.

2.1.2 Remove structure.

2.1.3 Remove foundation.

2.1.4 Remove driveway.

2.1.5 Remove parking lot.

2.1.6 Remove concrete steps.

2.1.7 Remove front and left side fence ONLY.

2.1.8 Remove all trash and debris.

2.1.9 MARK sewer location for City Services.

* HES Scope of Work will be uploaded separately on the City of Beaumont e-Bids platform at: https://beaumonttexas.ionwave.net/Login.aspx under the attachments tab.

3.0 The structure(s) listed herein are public buildings as defined by the Texas Department of

State Health Services (DSHS). DSHS must be notified prior to demolition. The Contractor will be responsible for establishing a start and finish date and will provide this date on the form provided with the Award Notification. The Contractor will be responsible for filing the DSHS Notification and the City shall pay the applicable fees. The Contractor must immediately notify the Purchasing Department of any changes that will constitute an amendment to the DSHS notification.

3.1 An asbestos survey was completed on these structures. ALL MATERIAL is to be handled as asbestos-containing material. Should other hazardous materials be detected after commencement of demolition work, the City shall be notified immediately. The

City shall not be responsible for any delays to the demolition contractor caused by the remediation of hazardous materials.

SCOPE OF WORK SPECIFICATIONS

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3.1.1 ALL WORK TO REMOVE ASBESTOS MATERIAL IS TO BE

PERFORMED BY A CONTRACTOR LICENSED BY THE STATE OF

TEXAS TO HANDLE ASBESTOS-CONTAINING MATERIALS.

COPIES OF THE CONTRACTOR’S LICENSES ARE TO BE

PROVIDED AND SUBMITTED WITH THE CONTRACTOR’S BID

PACKET.

4.0 Landfill fees for construction materials removed from this site will NOT be waived. No asbestos-containing materials will be accepted at the

Beaumont Landfill.

4.1 Since no asbestos containing materials will be accepted at the Beaumont

Landfill, materials from this site must be disposed of in an appropriate landfill. Verification of proper disposal MUST be submitted to the City by the Contractor before final invoices will be released for payment.

Waste Transporter MUST be licensed to haul asbestos containing debris.

LICENSES MUST BE SUBMITTED WITH BID.

4.2 Proof of legal disposal:

Dump Ticket Receipts from a valid licensed landfill WILL BE REQUIRED for verification.

5.0 Bids are requested for NESHAP demolition of the listed structure. Bidders shall submit with their bid a detailed plan for addressing the following:

COMMERCIAL DEMOLITION

5.1 Completion

5.2 Safety/Liability

5.3 Work Schedule (Provide a detailed work plan indicating the number of days required for demolition of building and removal of debris.)

5.4 Dust

5.5 Noise

5.6 Security

6.0 The Contractor will be responsible for ensuring that all utilities are disconnected. This includes calling 811 before you dig to determine the location of any underground utilities.

A list of the utility companies follows:

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Entergy Electric Company

Center Point Energy - Gas Company

City of Beaumont – Water Utilities

AT&T Telephone Company

Spectrum Cable

7.0 INSURANCE REQUIREMENTS

Contractor shall at all times during the Contract maintain in full force and effect insurance as stated in Attachment “C”.

7.1 Completed Insurance forms including the required endorsements shall be furnished to the

City within five (5) working days after the award of bid.

7.2 The City shall be named as additional insured on all policies. Should any insurance required by this contract lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends five (5) days, the Contractor shall be in breach of this contract and the City may terminate the contract.

8.0 EXAMINATION AND INTERPRETATION OF SPECIFICATIONS

(CONTRACT DOCUMENTS) AND SITE WORK PRIOR TO BIDDING

Before submitting a bid, each bidder shall read the specifications and visit the site of the work.

Each bidder shall fully inform himself prior to bidding as to all existing conditions and limitations under which the work is to be performed and bid a sum to cover all costs of all items necessary to perform the work as set forth in the bid documents. No allowance will be made to any bidder because of lack of such examination or knowledge.

8.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the specifications, or finds discrepancies in or omissions from any part of the specifications, he may submit to the City a written request for interpretation thereof, no later than seven (7) days before bids will be opened. The person submitting the request shall be responsible for its prompt delivery.

8.2 Any interpretation or correction of the specifications will be made only by Addendum and will be mailed or delivered to each bidder of record. The City will not be responsible for any other explanations or interpretations of the Contract Documents.

9.0 WAGE RATES

Attention is called to the fact that there must be paid, on this project, not less than the prevailing

Highway-Heavy, Municipal and Utilities wage rates for Jefferson County or, as applicable, wage rates for Federally Funded Construction Projects. It shall be the duty of the Contractor to keep

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Beaumont shall be given preference in employment by any Contractor doing work for the City under contract. This is in accordance with Article XVII, Section 7, Page 39 of the Charter of the

City of Beaumont, Texas, as adopted on December 6, 1947, which is as follows:

“Section 7 – Citizens Given Preference in Employment: Except as herein otherwise provided, qualifications being equal, citizens of Beaumont shall be given preference in employment by the

City as well as by any contractor doing work for the City under contract, and such contractors shall pay the prevailing rate of wages paid for the class of work done; and qualifications, prices and quality of material being equal, citizens of Beaumont shall be given preference in awarding of all contracts over which the City has jurisdiction, provided that this section shall not interfere with the system of purchasing supplies for the various departments by competitive bidding.”

State law states a prevailing wage which can be determined by the local Government or use the

Department of Labor statistics. Federal Law states that you must follow Davis Bacon requirements which also utilizes the Department of Labor statistics.

Prevailing Wage and Inflation Reduction Act information can be found at:

https://www.dol.gov/agencies/whd/IRA

Wage Determinations can be found at: https://sam.gov/wage-determinations

10.0 WITHDRAWAL OF BIDS

10.1 Any bidder may withdraw his bid, either personally or by written request, at any time prior to scheduled time for opening bids.

10.2 No bidder may withdraw his bid for a period of sixty (60) days after the date set for opening thereof, and all bids shall be subject to acceptance by the City during this period.

11.0 CONTRACTOR’S SUPERINTENDENT

The Contractor shall designate a responsible member of his organization to remain full-time at the project site during the progress of the work.

11.1 Identity and qualifications of the Contractor’s designated superintendent shall be submitted immediately after bid award and shall be subject to City approval.

11.2 Contractor shall retain the same individual as supervisor throughout the term of the contract unless the individual’s employment is terminated by Contractor or a substitute is requested by City.

https://www.dol.gov/agencies/whd/IRA https://sam.gov/wage-determinations

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12.0 SUBCONTRACTORS

12.1 The successful bidder shall furnish the City within this bid, a list of names of the subcontractors proposed for each principal portion of the work with submitted bid documents.

12.2 The Contractor may not change a subcontractor on the list without prior approval in writing by the City.

13.0 SECURITY

It shall be the responsibility of the Contractor to provide security of any and all equipment or material left on the construction site at any time during this contract.

14.0 PERMITS

14.1 City Building Permit is required for all City construction or demolition projects. It is the

PRIMARY CONTRACTORS responsibility to draw all permits for this contract.

14.2 As described in part V of the Watershed Protection Ordinance, Grading Permits are required for projects within the City Limits resulting in the disturbance of an area greater than 450 square feet. The City Grading Permit does not relieve the demolition

Contractor’s obligation to comply with the Texas Commission on Environmental

Quality’s (TCEQ) construction general permit TXR150000.

14.3 A $25,000 building Contractor’s bond is required to obtain a demolition permit. Bond must be on City of Beaumont forms.

15.0 WORK SCHEDULE AND COMPLETION DAYS

15.1 Work shall be coordinated with the City of Beaumont Building Codes, phone: 409-880-3762.

15.2 The number of working days for the completion of this project shall be furnished by the

Contractor with his bid. The total days bid for this contract will be used by the City in the final determination of Award, along with bid price. (There is a maximum of Five (5) working days allowed for the completion of this project).

15.3 Written request for extension due to inclement weather may be granted upon approval by

Building Codes. Requests must be submitted without delay in order to amend TDH notification. For purposes of this bid, working days are defined as 7:00 a.m. to 5:00 p.m. (CT), Monday through Friday. Work may NOT be performed on Saturday, Sunday or holidays without prior approval by the City.

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15.4 Failure to complete project within specified time may result in liquidated damages of

$100 per day.

16.0 QUALITY ASSURANCE

16.1 Workmen and Workmanship:

16.1.1 Only thoroughly trained and experienced craftsmen who are completely familiar with the materials and equipment specified, the manufacturer’s recommended methods of installation, and all governing codes and regulations shall be employed to perform the work. Allowances will not be made for lack of skill on the part of the workmen when accepting or rejecting the Work.

16.1.2 Work performed by all craftsmen shall be in a first-class workmanlike manner and shall be in strict accordance with the manufacturer’s recommendations and all governing codes and regulations.

17.0 MATERIAL HANDLING

17.1 Materials Approval - Bidders shall submit supporting technical data with their bid, if equipment is other than specified. The data shall be submitted for approval seven (7) days prior to the bid opening date and submitted with the Bid Form for the bid opening.

All items submitted as an “or equal” shall be cross-listed with the item it is replacing, listing the model number, manufacturer and with a complete set of construction drawings and specifications.

17.2 Protection - Contractor shall be solely responsible for all materials delivered to him for all parts of the Work until final acceptance of the work, and shall be liable for all losses or damages thereto which may occur during the progress of the installation and before final acceptance. The Contractor shall be required to make good at his own cost any loss, injury or damage which the said materials or work may sustain from any source or cause whatsoever before final acceptance thereof.

17.3 Replacements - Contractor shall be totally responsible for the quality of the merchandise delivered to the job site. All materials shall not be deficient in quality or workmanship.

Contractor shall promptly remove and replace any and all materials found to be deficient in any way and shall take full responsibility for any delays or shortages.

17.4 Materials Storage and Delivery - Contractor shall be responsible for storing all materials and for delivering the materials to the job site as needed. All materials shall be delivered to the job site in original, new and unopened packages and crates bearing manufacturer’s name and label. City shall not be responsible for any materials of equipment that are left on the job site.

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18.0 CLEAN-UP

18.1 During the progress of the work, Contractor shall remove all discarded materials, rubbish, and debris from the job site daily. Work areas shall be kept safe at all times.

18.2 It is required that the Contractor dispose of all hazardous waste which is generated from this project in accordance with all federal, state and local laws, codes and regulations and shall bear all costs related to permits, licenses, containment, transportation or other related fees. Verification of proper disposal of hazardous waste to be provided with invoice to Purchasing before payment will be released.

18.3 No asbestos-containing materials, whether hazardous or classified as nonhazardous, will be accepted at the Beaumont Landfill.

19.0 FINAL PAYMENT

After completion of work, payment shall be made upon acceptance of the work and verification of proper disposal of hazardous waste verification to be provided with invoice to Building Codes.

20.0 NOTICE TO PROCEED

20.1 Upon approval by the city after the receipt of bids, the Contractor will be issued a

NOTICE OF AWARD.

20.2 Upon receipt of correctly completed insurance forms, a NOTICE TO PROCEED and

PURCHASE ORDER will be issued.

20.3 Failure to complete specified work by end of completion date may result in liquidated damages of $100.00 per day.

21.0 INSPECTION

An inspection by the City of final work shall be conducted and acceptance made prior to payment. Upon completion, Contractor shall notify designated inspector for final approval.

22.0 DISPOSAL

All demolition bids shall include removal of all debris from site. Concrete will not be accepted at the City of Beaumont Landfill if greater than one (1) square foot in size.

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1.0 DEFINITIONS

Wherever used in these General Conditions or in other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1.1 Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the bid documents or the Contract Document.

1.2 Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be done.

1.3 Bonds - Bid, Performance, and Payment Bonds and other instruments which protect against loss due to inability or refusal of the Contractor to perform its Contract.

1.4 Change Order - A document recommended by the City which is signed by the Contractor and the City and authorizes an addition to, deletion from, or revision of the Work, or an adjustment in the contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

1.5 Completion - Completion of the Work shall be acceptance of the Work by the City.

1.6 Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Scope of Work, the accepted Bid (Including the Bid, Bid Schedule(s), Bid Summary, Bid Bond, Corporate

Resolution, and Information Required of Bidder), the Agreement, Performance and Payment

Bonds (and Powers of Attorney), Minority Business Utilization Commitment, MBE Schedule C, Schedule of Prevailing Local Wage Rates, Notice of Award, Certificates of Insurance, Evidence of Worker's Compensation Coverage, Notice To Proceed, General Conditions of the Contract, General Summary of the Work, Technical Specifications, Special Specifications, Drawings, General Notes, and all Addenda, Change Orders, executed pursuant to the provisions of the

Contract Documents.

1.7 Contract Price - The total moneys payable by the City to the Contractor for work performed under the terms and conditions of the Contract Documents.

1.8 Contract Time - The number of successive calendar days as stated in the Contract Documents for the completion of the Work.

1.9 Contractor - The person, firm, or corporation with whom the City has executed the Agreement.

1.10 Day - A calendar day of 24 hours, measured from midnight to the next midnight.

1.11 Defective Work - Work that is unsatisfactory, faulty, or deficient, or that does not conform to the

Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or work that has been damaged prior to the City's recommendation of final payment.

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1.12 Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent, and scope of the Work to be performed.

1.13 Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and

Regulations.

1.14 Notice to Proceed - A written notice issued by the City to the Contractor authorizing the

Contractor to proceed with the Work and establishing the date of commencement of the Contract

Time.

1.15 Project - The total construction of which the Work to be provided under the Contract Documents, may be the whole, or a part thereof, as indicated elsewhere in the Contract Documents.

1.16 Responsive/Responsible Bid/Bidder - A responsive bid is one in which all of the requirements of the invitation to bid are fulfilled without exception or deviation. A Responsible Bidder is one submitting a responsive bid and who can demonstrate by financial statement, resumes of management personnel and equipment lists, fiscal, physical and managerial competence to complete projects of like complexity and scope to the Work as described and offered herein by these Contract Documents.

1.17 Specifications - Those portions of the Contract Documents consisting of the General

Requirements and the written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

1.18 Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

1.19 Supplier - A manufacturer, fabricator, supplier, distributor, or vendor.

1.20 Technical Specifications - The Specifications as defined herein.

1.21 Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials:

electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic or other control systems.

1.22 Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

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2.0 INSTRUCTION TO BIDDERS

2.1 TERMINOLOGY

(A) The term "City," wherever used in these specifications, means the City of Beaumont, Texas.

(B) The "Contractor" is the persons or organization identified as such in the Agreement and means the Contractor or his authorized representative.

(C) The "City" and "Contractor" mean the respective parties to the contract.

(D) The site shall consist of the building to be demolished and the necessary area to conduct the work.

(E) Architect: Person(s) representing the City who has been designated to design and oversee a particular project.

2.2 DISCLAIMER

The Contractor shall be independent with respect to all work done and services performed hereunder and neither Contractor nor anyone used or employed by the Contractor shall be deemed to be the agent, servant or representative of the City in the performance of such work or services or any part thereof, or in any manner dealt with herein.

2.3 SIGNS AND ADVERTISING

No signs shall be erected on or adjacent to the site without the express consent and approval of the

City. Before erecting any signs, the Contractor shall submit a description of their purpose, arrangement location and working for the City's approval. Advertising shall be limited to conform to policies determined by the City. All signs shall be promptly removed at completion of the project or when directed by the City.

2.4 SPECIFICATIONS

Titles to divisions and paragraphs in this handbook are introduced merely for convenience and shall not be taken as a part of the specifications, and furthermore, they shall not be taken as a correct or complete segregation of the several units of materials and labor. No responsibility, either direct, or implied, is assumed by the City for omissions or duplications by the Contractor or his Subcontractors, due to real or alleged error in arrangement of matter in these Contract

Documents.

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2.5 RISK OF LOSS

The City assumes no responsibility for condition of buildings and structures on the premises, nor their continuance in the condition existing at the time of advertisement of bids. Damage or loss

(whether by reason of fire, theft or other happening) shall be at risk of bidder from and after date of advertisement for bids, and no such damage or loss to buildings or structures shall relieve the

Contractor from the obligation under the Contract.

2.6 WAIVER OF LIEN

It is distinctly understood by virtue of this document that NO Contractor or any of its employees shall not claim, or acquire any lien upon the land, house, building, or any improvements of whatever nature or kind so erected or that may be erected by virtue of this Contract.

2.7 QUALIFICATION OF BIDDERS

Pre-qualification of Bidders is not required; however, at the request of the City, after receipt of bids, each Bidder requested to do so shall furnish complete information pertaining to their financial condition, record of work, equipment available for the project and such other evidence deemed necessary to show the Bidder's ability to perform satisfactorily the work on which he has bid.

2.8 RECEIPT OF BIDS

Bids for demolition services will be received by the City at the time and place designated in the

"Notice to Bidders."

2.9 PRECEDENCE OF CONTRACT DOCUMENTS

Contract documents shall have the following order of precedence:

A. Change orders approved by City

B. Specifications

C. Drawings

2.10 ADDENDA

Any addenda issued in writing by the City during the period of bidding, shall be covered in the proposal, and in closing the contract, such addenda will become a part thereof and modify these specifications and/or the drawing accordingly. Verbal changes in the work made during the time of bidding will not be binding.

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2.11 SUB-CONTRACTORS

The Contractor shall submit a list of sub-contractors expected to be employed in the execution of their contract at the time of returning the signed contract.

2.12 SUBLETTING OR ASSIGNING OF THE CONTRACT

The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of the

Contract or any portion thereof, or their rights, title or interest therein, without the consent of the City. In any case, no subcontract will relieve the Contractor of their responsibility under the contract.

2.13 EXTRAS

Bills for extras will be allowed only when work is ordered in writing and the bill is accompanied by Written Order from the City.

2.14 CHANGE ORDERS

Changes that may appear to be advantageous in effecting economies during the progress of the construction of the project, for which the contract provides, may be suggested for consideration by the City or Contractor without prejudice. The adjusted contract price, should such changes be made, shall be determined through negotiation.

2.15 BID AWARDS

The City will evaluate all bids and award the contract. Contractors shall commence work upon receipt of Purchase Order and notice to proceed.

2.16 SALES TAX EXEMPTION

The City qualifies for exemption from State and Local Sales Tax pursuant to provisions of Article

20.04(f) of the Texas Limited Sales, Excise and Use Tax.

2.17 STATE AND LOCAL SALES TAX

The Texas Legislature in 1991 in its first special session passed 1 H.B. 11 which amended the

Texas Limited Sales Excise and Use Tax Act which requires a contractor who is engaged in a capital improvements project for a city to pay tax on tangible personal property purchased under the contract.

According to an August 19, 1991 letter from the State Comptroller's Tax Administration Division, the use of "separated contracts" will allow for tax-free purchases of tangible personal property for the project. Separated contracts are those that separate payment for labor from payment for

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The successful bidder is responsible for compliance with 1 H.B. 11.

2.18 LIQUIDATED DAMAGES

In rendering their proposal and signing the contract, the Contractor agrees to start and complete all the work within the proposed consecutive calendar days from the date of award. If the Contractor shall neglect, fail or refuse to complete the work within this time, or any proper extension thereof granted by the City, then the Contractor is subject to liquidated damages in the amount of $100.00 for each and every calendar day he is in default for breach of contract. The City may grant time extensions for unforeseeable cause beyond the control and without the fault or negligence of the

Contractor, including inclement weather exceeding the average climatic conditions for the area.

Requests for extensions shall be submitted in writing on the day that work can’t be performed

2.19 PERMITS AND LAWS

A. The Contractor shall comply with all Federal, State and Municipal Laws, Codes and

Ordinances applicable to the work of this Contract and shall also comply with all requirements of the National Board of Fire Underwriters. All permits required in connection with the execution of their work shall be obtained by the Contractor.

B. If the above laws, codes or ordinances conflict with the City's specifications, then the laws, codes or ordinances shall govern instead of this application, except in such cases where the

City's specification exceeds the requirements previously noted.

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3.0 GENERAL CONDITIONS

DEMOLITION & DEBRIS REMOVAL WORK

CITY OF BEAUMONT

3.1 SPECIFICATIONS AND DRAWINGS

Any discrepancy in the specifications shall be immediately submitted to the City via written request for interpretation thereof, not later than seven (7) days prior to bid opening. Changes or corrections will be made by addendum and will be mailed or delivered to each bidder.

Drawings may be included with bid specifications. They are intended to show buildings and structures to be demolished and removed. Their purpose is to illustrate other requirements of the

Contract described in specifications.

Prints of drawings, when necessary, will be issued to bidders for their use in preparing their proposals; however, the information on these drawings is not guaranteed to be complete or correct and shall be verified at the site.

3.2 PHOTOGRAPHS

The general character of the work may be shown on additional photographs. The Contractor shall not attempt to execute any part of the work requiring such photographs until they have received approved copies of the same. The decision of the City is final on points of difference and interpretation of the Documents.

3.3 MEASUREMENTS

Before ordering any material or doing any work, each Contractor shall verify all measurements at the site and shall be responsible for the correctness of same. No monetary compensation will be allowed due to mismeasurement of difference between actual dimensions and the measurements indicated. Any difference which may be found, shall be submitted to the City for consideration seven (7) days prior to the bid opening.

3.4 EXAMINATION OF PREMISES

Before submitting proposals for their work, each bidder shall visit the site of the work. Bidders shall fully inform themselves prior to bidding as to all existing conditions and limitations under which the work is to be performed and bid a sum to cover all cost of all items necessary to perform the work as set forth in the bid documents. No allowances will be made because of lack of such examination or knowledge.

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3.5 TIME FOR BEGINNING AND COMPLETING THE WORK

It is hereby understood and mutually agreed by and between the Contractor and the City, that the date of beginning and the time for completion are essential conditions of this Contract and that the work embraced in this Contract shall be commenced upon the start date stated on the Notice to Proceed.

A. There are time restrictions for the completing of the work. The work shall be initiated on the date outlined on the notification to the Texas Department of Health. The completion date will be on or before the date outlined on the notification to the Texas Department of Health except as such date may be extended by delays approved by the Owner in accordance with the terms of the Contract Documents governing the project. Failure to complete the Project within the time prescribed will subject Contractor liability for damages, as provided in the

General Terms and Conditions. The Contractor shall submit the original ten (10) day notification and the Owner will make all payments applicable to notification fees.

3.6 CITY & CONTRACTOR RELATIONSHIP

A. Work Access: The Contractor shall be obligated to provide proper facilities to permit the

City's representative, or anyone designated by them, access to the site and also the ability to observe the work during any stage of the project.

B. City's Responsibility & Authority: All work shall be done subject to approval of the City.

All decisions and questions which may arise as to the quality or acceptability of materials furnished, work performed, progress of the work, interpretation of drawings and specifications, and all questions as to acceptable fulfillment of the Contract by the

Contractor shall be made by the City.

C. Separate Contracts: The City reserves the right to let other contracts in connection with the work at the site under this contract. The Contractor shall provide reasonable access and opportunity for the other contractors to do their work and shall fit, connect and coordinate the work with theirs, so as not to cause any undue delay or impediment to the prompt and proper performance and completion of the work by each.

D. City's Right To Do Work: The City, without prejudice to any other right or remedy it may have, shall have the right to prosecute in the event the Contractor fails to perform the work properly or fails to perform any provisions of the contract. Prior to such action, the City shall give three (3) days written notice of the Contractor for resolution of noted deficiency.

Any further work shall be approved by the City and payment will be withheld until final acceptance has been made by the City.

E. City's Right To Terminate Contract: In the event of any default by the Contractor, the

City, without prejudice to any other right or remedy it may have, shall have the right to

Page 25 - NESHAP Demolition of Commercial Structure / 1210 Houston – Ji0826-57 terminate the Contract after giving the Contractor seven (7) days’ written notice. Such notice of termination shall be subsequent to default by the Contractor and after receiving written notice from the City certifying cause for such action.