This is a service / maintenance or supply contract in Austin, Texas. Contact the soliciting agency for additional information.

Provide Soil Remediation and Equipment and Surface Decontamination Services to include disposal of accumulated regulated waste, and equipment and equipment and surface decontamination services for hazardous and non-hazardous materials. PURPOSE The purpose of this contract is to provide Austin Energy with Soil Remediation and Equipment and Surface Decontamination Services. Soil remediation and restoration services include, but are not limited to: Disposal of accumulated regulated waste, and equipment. Equipment and surface decontamination services for hazardous and non-hazardous materials. Austin Energy reserves the right to award this contract to multiple contractors. TERM OF CONTRACT This Contract shall remain in effect for an initial term of 12-months, or the City terminates the Contract. This Contract may be extended beyond the initial term for up to two (2) additional 12-month periods at the City's sole option. PROJECT REQUEST FOR QUOTE PROCESS: Austin Energy Project Manager will issue a Request for Quote with a Project Scope of Work, to Contractor qualified for the specific project. Contractor shall submit a price, based on the pricing provided in the Pricing Sheet, to the Austin Energy Project Manager. Contractors shall provide written notice to the Austin Energy Project Manager by the response deadline if they do not plan to submit a quote for a project. Austin Energy Project Manager will award projects on an as-needed basis, either directly to a Contractor or by requesting quotes and availability from more than one (1) Contractor. Austin Energy Project Manager will schedule a Pre-Quote Meeting for all Contractors to attend for the purpose of a site walk-through. The scope of work may include the decontamination and removal of vessels, pipelines, or tanks. Austin Energy Project Manager may request that the Contractor remediate to levels below the Texas Commission on Environmental Quality's (TCEQ's) Texas Risk Reduction Program (TRRP) regulatory standards. The Contractor shall, in most cases, remediate the site or decontaminate the item(s), at a minimum, to levels required by state and federal environmental regulations. Austin Energy Project Manager will provide the minimum requirements for each project. Contractors shall meet the minimum requirements for each project to be considered for the award of each project. Austin Energy Project Manager reserves the right to reject incomplete, unsatisfactory or nonresponsive quotes. As required by Austin Energy Project Manager, remediation activities that may be required under this Contract include, but are not limited to, the following: Soil excavation Pumping of water or other liquids Disposal of accumulated regulated waste Decontamination of concrete or other surfaces Decontamination of industrial equipment, e.g., tanks, oil-water separators Backfilling and other site restoration Waste transport and disposal Authorized Contact Names: Solicitation Specific Questions: Diana McIntosh; (512) 974-2500; purchinfo@austintexas.gov Small Minority Business Resources Questions: John Wesley Smith; (512) 974-7758; smbrcompliancedocuments@austintexas.gov For questions regarding your invoice/payment please contact the City Contract Manager The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon 30 calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed, and obligations incurred prior to the date of termination in accordance with the terms hereof. In the event of termination of the Contract under this Section, the Contractor shall handover all complete and partially complete Work Products and Documentation developed under this Contract. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive Statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. LIQUIDATED DAMAGES: Time is of the essence in the performance of the Contract; therefore, the Contractor shall strictly adhere to the Contract delivery schedule. No changes in the delivery schedule shall be effective unless in writing executed by both the City and the Contractor. The parties agree that if, due to no fault of the City, delivery of any material or performance of any service is delayed beyond the time specified in the Contract, the actual damages sustained by the City because of such delay will be uncertain and difficult to determine, and that the reasonable foreseeable damage incurred by the City is hereby stipulated to be $1,500/per calendar day. The parties intend that the liquidated damages constitute compensation, and not a penalty. The Contractor therefore agrees to pay, and the City agrees to accept, as liquidated damages, the sum of $1,500/per calendar day for each calendar day of delay. Bid Bond: All Offers shall be accompanied by a Bid Bond in an amount of not less than $100,000. The Bid Bond must have a Power of Attorney attached, issued by a solvent surety authorized under the laws of the State of Texas and acceptable to the City. The Bid Bond accompanying the Offer of the apparent successful Offeror will be retained until a Contract is awarded and the successful Offeror executes the Contract and furnishes any required bonds and insurance, after which the Bid Bond will be returned to the Offeror. The Bid Bond provided by the next lowest or next Best Offeror will be retained until a Contract is awarded. All other Bid Bonds will be returned within a reasonable amount of time necessary to make an award recommendation. PAYMENT BOND: i. The Contractor shall provide a Payment Bond on a "per project basis". If required, the Contractor shall provide a payment Bond in an amount equal to $150,000 within 14 calendar days after Austin City Council approval. When an individual project exceeds $150,000, the Contractor shall provide a Project Payment Bond for the individual project within five (5) calendar days after notification of project award. The Payment Bond serves as security for the faithful payment of all the Contractor's obligations for Subcontracts, work, labor, equipment, supplies, and materials furnished under the Contract. The Payment Bond shall be issued by a solvent company authorized to do business in the State of Texas and shall meet any other requirements established by law or by the City pursuant to applicable law. The Surety must obtain reinsurance for any portion of the risk that exceeds 10% of the Surety's capital and surplus. ii. For bonds exceeding $150,000, the Surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. The Payment Bond shall remain in effect throughout the term of the individual project is completed. PERFORMANCE BOND: i. The Contractor shall provide a Performance Bond on a "per project basis". If required, the Contractor shall provide a performance Bond in an amount equal to $150,000 within 14 calendar days after Austin City Council approval. When an individual project exceeds $150,000, the Contractor shall provide a Project Payment Bond for the individual project within five (5) calendar days after notification of project award. The Performance Bond serves as security for the faithful performance of all the Contractor's obligations under the Contract. The Performance Bond shall be issued by a solvent company authorized to do business in the State of Texas and shall meet any other requirements established by law or by the City pursuant to applicable law. The Surety must obtain reinsurance for any portion of the risk that exceeds 10% of the Surety's capital and surplus. For bonds exceeding $150,000, the Surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. The Performance Bond shall remain in effect until the project is completed. ii. The Contractor understands and agrees that time is of the essence in the performance of the Contract. The Contractor agrees it shall strictly adhere to the Contract delivery schedule. No changes in the delivery schedule shall be effective unless in writing executed by both the City and the Contractor. The Contractor understands and agrees that failure to adhere to the Contract delivery schedule is cause for the City to trigger the Performance Bond. CONTRACT AWARD AND EXECUTION: Award Determination. City staff will recommend Contract award to the Offeror(s) submitting the highest rated Proposal(s) based on the Evaluation Factors set forth in this Solicitation. The Award Determination will be published to Austin Finance Online and notice will be sent to all Offerors subscribed to the Solicitation. Multiple Awards. If the City determines that multiple contracts are needed, the City will award one or more additional contracts to the Offeror(s) submitting the next highest rated Proposal(s). Contract Execution. Contracts within the City Manager's authority will be awarded and executed simultaneously. Contracts above the City Manager's authority will be executed following their authorization by the Austin City Council.