BiddingRequirements,ContractFormsandConditionsoftheContract

NON-USE OF ASBESTOS AFFIDAVIT (CONTRACTOR PRIOR TOCONSTRUCTION)

Section 00680

STATE OF TEXAS

COUNTYOF TRAVIS

BEFORE ME, the undersigned authority, personally appeared the Affiant who, being by me first duly sworn, upon oath deposed and stated:

"My name is______, hereinafter known as Affiant. "I am over the age of 18 years and I have never been convicted of a crime. I am the ______of______hereinafter known as CONTRACTOR.

"I am fully competent to makethis affidavit. I havepersonal knowledge of the facts set forth below and they are all true and correct.

"WHEREAS CONTRACTOR has submitted a bid to the City of Austin as the Prime CONTRACTOR andanticipatesbeingawardeda contract for the constructionof ______locatedat______, Austin, Texas, hereinafter known as Project, for the City of Austin, Texas, hereinafter known as OWNER, and"WHEREAS asbestos in a dust form is a recognized health hazard, and"WHEREAS the OWNER desires not to have any asbestos containingmaterials used or incorporated into the construction of the Project;"THEREFORE the CONTRACTOR affirms and understands the following:

1.The CONTRACTOR, any person, firm or organization representing or represented by the CONTRACTOR, or employed by the CONTRACTOR shall not cause or allow any material to be incorporated into the construction of the project, or allow any building material on the project site that is an asbestos containing material or any other material defined as containing asbestos by any laws, rules or regulations promulgated by the United States Government, the State of Texas or any governmental organization or agency operating under the authority of either of those entities.

2.Realizing that there might be some materials in which a satisfactory non-asbestos containing material could not be obtained, the Consultant has received prior approval from the OWNER before specifying any such asbestos containing material. Those approved materials are the only asbestos containing materials that are exempt from the above prohibition.

3.The CONTRACTOR certifies and affirms their understanding that if any asbestos containing materials not approved by the City of Austin for inclusion into the Project, are determined, as a result of any inspection and sample analysis performed by an individual(s) and/or firm(s) certified and/or licensed to perform such inspection by the United States Government and/or the State of Texas, to have been incorporated into the construction of the Project, or brought onto the site of the Project, the OWNER shall look to the CONTRACTOR for reimbursement of any and all costs incurred in the removal and/or other abatement of said asbestos containing materials.

4.CONTRACTOR further understands that OWNER shall also look to the CONTRACTOR for any and all damages to OWNER which result from the inability of the OWNER to use any portion or all of the Project due to the incorporation of asbestos containing materials that have not been approved by OWNER.

5.CONTRACTOR further understands that OWNER will pursue reimbursement of any said cost and compensation for any said damages from the CONTRACTOR by any and every means within OWNER's right and power.

Signatureof Affiant: ______

STATE OF TEXAS

COUNTY OF TRAVIS

ON______, 20___, personally appeared andbeen duly sworn by me, subscribed to the foregoing affidavit and has stated that the facts stated therein are true and correct.

Notary Public, State of Texas

Printed Name of Notary

My Commission Expires:______

END

Rev. Date 03/30/18Non-Use of Asbestos Affidavit / 00680Page 1 of 2

(Contractor Prior to Construction)