1 West 30 th Street – Kenner, Louisiana 70065 – 1610 Rev. Richard Wilson Dr. – Kenner, Louisiana 70062
Office 504-468-7292 – Facsimile 504-468-6661
E. BEN ZAHN, III JOANNE L. MASSONY MAYOR DIRECTOR
April 5, 2021
Dear Prospective Bidder:
The City of Kenner Wastewater Department is seeking bids for improvements to Sylvaner Sewer Lift Station, as per the specifications provided. The bid must be submitted to the Finance Department by Friday, April 9, 2021 at 4:00 PM. The bids may be delivered to the Finance Department attn: Netty Orellana at 1610 Rev. Richard Wilson Drive, Kenner, LA.
Please email any questions to Fincontracts@kenner.la.us.
Sincerely,
Gregory Carroll, Councilman District 1
Michael G. Sigur, Councilman District 2
Glenn W. Hayes, Councilman District 3
George L. Branigan, Councilman District 4
Brian Brennan, Councilman District 5
CHIEF OF POLICE
Michael J. Glaser
BID FORM ............................................................................................................................................ 11-13
BID BOND ............................................................................................................................................ 14-15
AFFIDAVIT ............................................................................................................................................... 16
AFFIDAVIT-EMPLOYMENT STATUS VERIFICATIONS…………………………………………...29
3
SECTION IV.
TECHNICAL SPECIFICATIONS
SECTION 01505 MOBILIZATION………………………………………………………………………1
SECTION 16900 PROCESS INSTRUMENTATION AND CONTROL………………………………….20
SECTION S-004 PUMP MOTOR ………………………………………………………………………….4
SECTION S-007 DUCTILE IRON PIPE AND FITTINGS ………………………………….………...….5
SECTION S-011 DETAIL SPECIFICATIONS FOR ELECTRICAL INSTALLATION ………….…… 5
SECTION S-012 BY-PASS PUMPING …………………………………………………………….….… 1
APPENDICES
B-2 QUALIFICATION OF BIDDERS
B-3 LOUISIANA LICENSE REQUIREMENTS
B-4.01. Site Conditions
B-9 CONTRACT TIME
B-11.05. Bids to Remain Open
B-12 AWARD OF CONTRACT
B-13 EXECUTION OF AGREEMENT
B-15 WORK SCHEDULING
B-18 PURPOSE AND INTENT OF PROJECT
B-19 PERFORMANCE AND PAYMENT BOND
B-20 FORMS TO BE COMPLETED
5
limitations affecting the bidding are contained in the various contract documents, and are not necessarily
repeated in these instructions. The following is a partial list of applicable provisions and their locations:
Availability of Land General Conditions and Division 1
Bonds and Insurance General and Supplemental Conditions
Definitions General and Supplemental Conditions
Detailed Description of the Work Division 1
Liquidated Damages Agreement
Retainage Agreement and Supplemental Conditions
Subsurface Investigations General and Supplemental Conditions
B-2 QUALIFICATIONS OF BIDDERS. Bidders may be required to submit evidence that they
have a practical knowledge of the particular Work bid upon, and that they have the financial resources to
complete the proposed Work.
In determining the Bidder's qualifications, the following factors will be considered: Work previously
completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has
adequate plant and equipment to do the Work properly and expeditiously, (c) has the financial resources
to meet all obligations incidental to the Work, and (d) has appropriate technical experience.
Each Bidder may be required to show that former work has been handled and that no just claims are
pending against such work. No Bid will be accepted from a Bidder who is engaged in any work which
would impair the Bidder's ability to perform or financially manage this Work.
B-3 LOUISIANA LICENSE REQUIREMENTS. State regulations require that any prospective
Bidder on construction contracts of $50,000.00 or greater obtain a Louisiana Contractor's License prior
to either acquiring bidding documents or submitting a bid. Each prospective Bidder shall produce
evidence that the Bidder possesses the proper Louisiana Contractor's License before the Bidder will be
allowed to acquire copies of bidding documents, all in accordance with LSA-R.S.37:2157D.
Contractors shall have a valid current Louisiana Municipal and Public Works
Construction Contractor License.
B-4 FAMILIARIZATION WITH THE WORK. Before submitting a Bid, each prospective Bidder
shall become familiar with the Work, the site where the Work is to be performed, local labor conditions
and all laws, regulations and other factors affecting performance of the Work. The Bidder shall
carefully correlate its observations with requirements of the Contract Documents and otherwise become
satisfied with the expense and difficulties attending performance of the Work. The submission of a Bid
will constitute a representation of compliance by the Bidder. There will be no subsequent financial
adjustment for lack of such familiarization.
B-4.01. Site Conditions. Each Bidder shall visit the site of the Work and become completely informed
relative to construction hazards and procedure, the availability of lands, the character and quantity of
surface and subsurface materials, utilities to be encountered, the arrangement and condition of existing
structures and facilities, the procedure necessary for maintenance or uninterrupted operation of existing
facilities, the character of construction equipment and facilities needed for performance of the Work,
and facilities for transportation, handling, and storage of materials and equipment. All such factors shall
be properly investigated and considered in the preparation of the Bid.
6
B-5. INTERPRETATIONS. All questions about the meaning or intent of the Contract Documents
shall be submitted to Design Professional in writing. Only answers furnished by formal written
Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
B-6. TAXES AND PERMITS. Attention is directed to the requirements of the General and
Supplementary Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully
assessed against Owner or Contractor in connection with the Work shall be paid by the Contractor. The
bid prices shall include all such taxes and the costs of all required permits.
B-7. BID SECURITY. The amount of bid security is as stated in the Invitation to Bid. The
required security must be in the form of a certified or bank cashiers check or bid bond. The bid bond
must be executed by a surety meeting the requirements set forth in General Conditions.
The bid security shall be made payable without condition to City of Kenner, Louisiana, the Owner. The
bid security may be retained by and shall be forfeited to the Owner as liquidated damages if the Bid is
accepted and a contract based thereon is awarded and the Bidder should fail to enter into a contract in
the form prescribed, with legally responsible sureties, within thirty (30) days after such award is made
by Owner.
B-8 RETURN OF BID SECURITY. The bid security of the successful Bidder will be retained
until execution of the Agreement and furnishing of the required Contract Security, whereupon checks
furnished as bid security will be returned; if the successful Bidder fails to execute and deliver the
Agreement and furnish the required Contract Security within thirty (30) days of the Notice of Award,
Owner may annul the Notice of Award and the bid security of that Bidder will be forfeited. The bid
security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be
retained by Owner until the seventh (7th) day after the executed Agreement is delivered by Owner to
Contractor and the required Contract Security is furnished but shall not exceed sixty (60) days after the
Bid opening. Checks furnished as bid security by other Bidders will be returned within seven (7) days
of the Bid opening.
B-9. CONTRACT TIME. The Contract Time is an essential part of the contract and it will be
necessary for each Bidder to satisfy Owner of its ability to complete the Work within the time set forth
in the Bid Form. Provisions for delays, liquidated damages, and extensions of time are set forth in the
General and Supplementary Conditions.
B-10. SUBCONTRACTORS. Within seven (7) days after Bids are opened, the apparent low
Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors expected to be used
in the Work. The use of Subcontractors listed by the Bidder and accepted by Owner prior to the Notice
of Award will be required in the performance of the Work.
B-10.01. Suppliers. The list of subcontractors shall also include the suppliers and manufacturers of
principal items of materials and equipment the Bidder expects to use in the work unless such suppliers
or manufacturers are named in the bid.
7
B-11. BIDS.
B-11.01. Bid Form. A separate copy of the Bid Form is provided for purposes of submitting a bid. Bid
forms must be completed in ink. Bids by corporations must be executed in the corporate name by the
appropriate corporate officer, accompanied by evidence of authority to sign, and attested by the
secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name.
Bids by partnerships must be executed in the partnership name and signed by a partner; title and the
official address of the partnership must be shown below the signature. Bids by joint ventures shall be
signed by each participant in the joint venture or by an authorized agent of each participant.
The names of all persons signing must be legibly printed below their signature. A Bid by a person who
affixes to his/her signature the word "president", "secretary", "agent", or other designation without
disclosing his/her principal may be held to be the Bid of the individual signing. When requested by
Owner, evidence of the authority of the person signing shall be furnished.
All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each lump sum item
and/or unit price item listed therein. Bids received without all items completed may be considered non-
responsive.
The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which
shall be filled in on the Bid Form.
No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be
acceptable unless each such alteration is signed and initialed by the Bidder; if initialed, Owner may
require the Bidder to identify any alteration so initialed.
B-11.02. Bid Pricing. The Bidder shall complete the schedule of all unit and lump sum prices included
in the Bid Form and shall accept all fixed unit prices listed therein.
The total Bid will be determined as the sum of the products of the estimated quantity of each item and
the unit price bid. The final Contract Price will be subject to adjustment according to final measured,
used, or delivered quantities as provided in Division 1, and the unit prices in the bid will apply to such
final quantities except that unit prices will be subject to change by Change Order if quantities vary more
than twenty-five percent (25%).
B-11.03. Submission of Bids. Two copies of the bid forms must be submitted with the Bid.
Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed
to:
Kenner, Louisiana 70062
and identified on the outside with the Bidder's name and Louisiana Contractor's license number and with
the words Sylvaner Lift Station Improvements.
If the bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the
notation "BID ENCLOSED" on the face thereof.
8
Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated
in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the
time and date for receipt of Bids will be returned unopened.
Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.
Oral, telephone, or telegraph Bids are invalid and will not receive consideration.
No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted
from one firm or association.
B-11.04. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate
document duly executed (in the manner that a Bid must be executed) and delivered to the place where
Bids are to be submitted at any time prior to the opening of Bids.
No Bids may be withdrawn after the scheduled closing time for receipt of Bids, nor for at least forty-five
(45) days thereafter, except that Bids containing patently obvious mechanical, clerical, or mathematical
errors may be withdrawn by the Bidder if clear and convincing sworn, written evidence is furnished to
the Owner within 48 hours of the bid opening excluding Saturdays, Sundays, and legal holidays, in
accordance with the Louisiana Public Bid Law. Under no circumstances may a Bidder be allowed to
raise any prices as contained in the initial Bid. A Bidder who attempts to withdraw a Bid under
provisions of this section shall be allowed to resubmit a Bid on the same contract in the event that it is
re-advertised.
B-11.05. Bids to Remain Open. All Bids shall remain open for forty-five (45) days after the day of the
Bid opening. Owner shall release Bids and return Bid securities as specified in this section under
"Return of Bid Security".
B-12. AWARD OF CONTRACT. Owner shall award a contract to the Bidder who, in Owner's
judgment, is the lowest responsive, responsible Bidder. Owner reserves the right to reject any or all
Bids, to waive informalities, and to reject nonconforming, non-responsive, or conditional Bids.
In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids
comply with the prescribed requirements, alternatives and unit prices if requested in the Bid Form.
Owner may consider the qualifications and experience of Subcontractors and may reject the Bid of any
Bidder who does not pass any such evaluation to Owner's satisfaction. The rejection procedure will be
in accordance with the Louisiana Public Bid Law, LSA-R.S. 38:2212 et seq.
If the contract is awarded, Owner shall do so within forty-five (45) days of the Bid Opening, unless the
successful Bidder has agreed in writing to hold its bid price for a longer period.
B-13 EXECUTION OF THE AGREEMENT. No less than seventeen (17) days after award,
Design Professional shall furnish to Contractor six (6) copies of the Agreement and other Contract
Documents bound therewith. Within twelve (12) days, Contractor shall execute the Agreement, insert
executed copies of the required bonds and Power of Attorney and submit all copies to Owner, together
with required Certificates of Insurance. The date of contract on the Agreement and Bond forms shall be
left blank for filling in by Owner. The certification date on the power of attorney also shall be left blank
for filling in by Owner.
9
Owner shall execute the Contract Documents, insert the date of contract on the Agreement, Bonds, and
Power of Attorney, and return copies to Design Professional for review and distribution.
Contractor shall be responsible for filing one complete copy of the executed Contract Documents with
the Recorder of Mortgages in Jefferson Parish, and promptly furnish recordation information to Owner.
No payment shall be made until this requirement is fulfilled.
B-16. LOCAL MATERIALS AND FIRMS. By statutory authority, preference is hereby given to
materials, supplies, and provisions produced, manufactured, or grown in Louisiana, quality being equal
to articles offered by competitors outside of the State (LSA R.S. 38:2251), and preference is hereby
given to firms doing business in the State of Louisiana (LSA R.S. 38:2253).
Please refer to Supplementary Conditions, Paragraph SC-17.
B-17. WORK SCHEDULING. Because of the nature of this contract, it may be necessary for the
Contractor to respond to emergencies immediately upon notification.
B-18. WORK ADJACENT TO PRIVATE PROPERTY. The Contractor shall be aware that work may
be performed adjacent to private property. The Contractor shall notify, prior to the start of work in the
area, all property owners adjacent to and along the route of construction by means of either a printed
circular or form letter giving the general details of the work. The letter shall also include names and
telephone numbers for key project personnel of the Contractor so that property owners may report
problems. These contact telephone numbers shall be given so that appropriate personnel may be
contacted 24 hours a day, seven days a week.
B-19. USE OF POTABLE WATER. If the Contractor intends to use water from the Parish water
system, Contractor shall first obtain a water meter from the Jefferson Parish Department of Water. The
Contractor will be responsible for all costs incurred with water usage.
B-20. PURPOSE AND INTENT OF PROJECT: Improvements to Sylvaner Lift Station per below:
• Ductile iron piping & fittings removal & replacement
• Installation of new emergency pump out
• New pump motors, skids, belts, sheaves & guards
• New duplex control panel
• Wood fencing and gate removal & replacement (Alternate)
• Existing wet well cleaning (Alternate)
B-21. PERFORMANCE AND PAYMENT BOND. The successful Bidder will be required to furnish a
Performance Bond guaranteeing faithful performance and a Labor and Materials Payment Bond
guaranteeing the payment of all bills and obligations arising from the performance of the contract.
Companies providing the bonds shall have a minimum rating of A, an A.M. Best Rating Classification.
The amount of these bonds shall be the total contract amount.
10
B-22 SUPPLEMENTARY INSURANCE. The successful Bidder will be required to furnish insurance
that meets the requirements set out in the General and Supplemental Conditions. A number of the
insurance requirements are contingent on certain categories of risk being present as described
herein. While the nature of the insurable risk on the project may change, an initial assessment of the
project shows that the contingent insurances below will be required for this project.
a) Builder's Risk Insurance as detailed in SC-2.07 (Required)
b) Contractor’s Pollution (Owner's Protective Liability) as detailed in SC-2.05 (Required)
c) Automobile Coverage for the Transpiration of Pollutants as detailed in SC-2.02(e)
(Required)
e) Maritime Liability (Not Currently Required)
f) Umbrella Liability Policy as detailed in SC-2.04 (Not Currently Required)
END OF SECTION
TO: _City of Kenner______________________________
_Kenner, LA 70062___________________________ (Owner to provide name and address of owner)
BID FOR: _Sylvaner Lift Station Improvements_________
__________________________ ________________________
____________________________ ______________________
(Owner to provide name of project and other identifying information)
The undersigned bidder hereby declares and represents that she/he: a) has carefully examined and understands the Bidding
Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or
any addenda, c) has personally inspected and is familiar with the project site, and hereby proposes to provide all labor,
materials, tools, appliances and facilities as required to perform, in a workmanlike manner, all work and services for the
construction and completion of the referenced project, all in strict accordance with the Bidding Documents prepared by:
Digital Engineering & Imaging, Inc. and dated: March, 2021 (Owner to provide name of entity preparing bidding documents.)
Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number
the Designer has assigned to each of the addenda that the Bidder is acknowledging _______________________________________ .
TOTAL BASE BID: For all work required by the Bidding Documents (including any and all unit prices designated “Base
Bid” * but not alternates) the sum of:
Dollars ($ )
ALTERNATES: For any and all work required by the Bidding Documents for Alternates including any and all unit prices
designated as alternates in the unit price description.
Alternate No. 1 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of:
Clean Existing Wet Well Dollars ($ )
Alternate No. 2 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of:
Remove and Replace Fence Dollars ($ )
)
Alternate No. 3 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of:
N/A Dollars ($
NAME OF AUTHORIZED SIGNATORY OF BIDDER:
TITLE OF AUTHORIZED SIGNATORY OF BIDDER:
SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER **:
EMAIL ADDRESS: ___________________________________________________________________________________
DATE: _______________________
THE FOLLOWING ITEMS ARE TO BE INCLUDED WITH THE SUBMISSION OF THIS LOUISIANA
UNIFORM PUBLIC WORK BID FORM: * The Unit Price Form shall be used if the contract includes unit prices. Otherwise it is not required and need not be included with the
form. The number of unit prices that may be included is not limited and additional sheets may be included if needed.
** A CORPORATE RESOLUTION OR WRITTEN EVIDENCE of the authority of the person signing the bid for the public work as
prescribed by LA R.S. 38:2212(B)(5).
BID SECURITY in the form of a bid bond, certified check or cashier’s check as prescribed by LA R.S. 38:2218(A) attached to and made a
part of this bid.
UNIT PRICE FORM
TO: City of Kenner BID FOR: Sylvaner Lift Station Improvements _________
Finance Department ____________________________ _____________________
Kenner, LA 70065
(Owner to provide name and address of owner) (Owner to provide name of project and other identifying information)
UNIT PRICES: This form shall be used for any and all work required by the Bidding Documents and described as unit prices. Amounts shall be stated in figures and only in figures.
DESCRIPTION: Mobilization & Construction Layout Base Bid or Alt.# ___
REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
1 1 Lump Sum
DESCRIPTION: New Duplex Control Panel (240V, 3 phase) with wiring, conduits & disconnect Base Bid or Alt.# ___
QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
2 1 Lump Sum
DESCRIPTION: Install New Pump Motors, Skids, Belts, Sheaves & Guards Base Bid or Alt.# ______
REF. NO. QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
3 1 Lump Sum
DESCRIPTION: Install Emergency Pump Out Base Bid or Alt.# ___
REF. NO. QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
4 1 Lump Sum
DESCRIPTION: Ductile Iron Pipe & Fittings, and Miscellaneous Parts Base Bid or Alt.# ___
REF. NO. QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
5 1 Lump Sum
DESCRIPTION: Level Controls, Backup Float & Electrical Conduits (Include Cables & Wiring) Base Bid or Alt.# ___
REF. NO. QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
6 1 Lump Sum
DESCRIPTION: By-Pass Pumping Base Bid or Alt.# ___
REF. NO. QUANTITY: UNIT OF MEASURE UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
7 1 Lump Sum
Wording for “DESCRIPTION” is to be provided by the Owner. All quantities are estimated. The contractor will be paid based upon actual quantities as verified by the Owner.
13
UNIT PRICE FORM
TO: City of Kenner BID FOR: Sylvaner Lift Station Improvements _________
Finance Department ____________________________ _____________________
Kenner, LA 70065
(Owner to provide name and address of owner) (Owner to provide name of project and other identifying information)
UNIT PRICES: This form shall be used for any and all work required by the Bidding Documents and described as unit prices. Amounts shall be stated in figures and only in figures.
DESCRIPTION: Clean Existing Wet Well Base Bid or Alt.# _1__
REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
8 1 Lump Sum
DESCRIPTION: Remove and Replace Fence Base Bid or Alt.# _2__
REF. NO. QUANTITY: UNIT OF MEASURE. UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)
9 41 Linear Feet
Wording for “DESCRIPTION” is to be provided by the Owner. All quantities are estimated. The contractor will be paid based upon actual quantities as verified by the Owner.
14
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, _____________________
as PRINCIPAL, and as SURETY, are held and firmly bound
unto the City of Kenner, State of Louisiana, acting herein by and through the City Council, the
governing authority for said City, hereinafter called the "OWNER", in the penal sum of:
DOLLARS ($ ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted
the accompanying Bid dated _________________, _______, for Sylvaner Lift Station
Improvements
NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified
herein after the opening of the same or, if no period be specified, within sixty (60) days after the
said opening, and shall within the period specified therefor or, if no period be specified, within
twelve (12) days after the prescribed forms are presented to him for signature, enter into a written
Contract with the OWNER in accordance with the Bid as accepted, and give bond with good
sufficient surety and sureties, as may be required, for the faithful performance and proper
fulfillment of such Contact; or in the event of the withdrawal of said Bid within the period
specified, or the failure to enter into such Contract and give such bond within the time specified,
if the Principal shall pay the OWNER the difference between the amount specified in said bid and
the amount for which the OWNER may procure the required work or supplies, or both, if the latter
be in excess of the former, then the above obligation shall be void and of no effect, otherwise, to
remain in full force and virtue.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under
their several seals this day of , , and these presents signed by its
undersigned representative, pursuant to authority of its governing body.
In Presence of:
________________________________ ______________________________
ATTEST:
BY:__________________________
State of :______________________________
*Power-of-Attorney for person signing for surety company must be attached to bond.
16
_________________________________________________________________________________
(Name)
who after being by me duly sworn and deposed said that he is the fully authorized ______________
(Title)
(Name of Bidder)
submitted a bid for Sylvaner Lift Station Improvements
was received by City of Kenner on _________________ , 2021 and said affiant further said:
(1) The bidder employed no person, corporation, firm, association, or other organization, either directly or indirectly, to
secure the public contract under which he received payment, other than persons regularly employed by the bidder
whose services in connection with the construction of the public building or project or in securing the public contract
were in the regular course of their duties for bidder, and
(2) That no part of the contract price received by bidder was paid or will be paid to any person, corporation, firm,
association, or other organization for soliciting the contract, other than the payment of their normal compensation to
persons regularly employed by the bidder whose services in connection with the construction of the public building
or project were in the regular course of their duties for bidder.
(3) Said bid is genuine and the bidder has not colluded, conspired, or agreed, directly or indirectly, with any other bidder
to offer a sham or collusive bid.
(4) Said bidder has not in any manner, directly or indirectly, agreed with any other person to fix the bid price of affiant
or any other bidder, or to fix any overhead profit or cost element of said bid price, or that of any other bidder, or to
induce any other person to refrain from bidding.
(5) Said bid is not intended to secure an unfair advantage of benefit from the Parish of Jefferson or in favor of any person
interested in the proposed contract.
(6) All statements contained in said bid are true and correct.
(7) Neither affiant nor any member of his company has divulged information regarding said bid or any data relative
thereto any other person, firm, or corporation.
SWORN TO AND SUBSCRIBED
20__. (Authorized Signature)
SAMPLE CORPORATE RESOLUTION
___________________________________________________________
HELD ON , , A QUORUM BEING THERE PRESENT, ON MOTION DULY
MADE AND SECONDED, IT WAS RESOLVED THAT ________________________, BE AND IS
HEREBY APPOINTED, CONSTITUTED AND DESIGNATED AS AGENT AND ATTORNEY-IN-
FACT OF THE CORPORATION WITH FULL POWER AND AUTHORITY TO ACT ON BEHALF OF
THIS CORPORATION IN ALL NEGOTIATIONS, BIDDING, CONCERNS AND TRANSACTIONS
WITH THE CITY OF KENNER OR ANY OF ITS AGENCIES, DEPARTMENTS, EMPLOYEES OR
AGENTS, INCLUDING BUT NOT LIMITED TO, THE EXECUTION OF ALL BIDS, PAPERS,
DOCUMENTS, AFFIDAVITS, BONDS, SURETIES, CONTRACTS AND ACTS AND TO RECEIVE
AND RECEIPT THEREFOR ALL PURCHASE ORDERS AND NOTICES ISSUED PURSUANT TO
THE PROVISIONS OF ANY SUCH BID OR CONTRACT, THIS CORPORATION HEREBY
RATIFYING, APPROVING, CONFIRMING AND ACCEPTING EACH AND EVERY SUCH ACT
PERFORMED BY SAID AGENT AND ATTORNEY-IN-FACT.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND
CORRECT COPY OF AN EXCERPT OF THE MINUTES OF
THE ABOVE DATED MEETING OF THE BOARD OF
DIRECTORS OF SAID CORPORATION, AND THE SAME
HAS NOT BEEN REVOKED OR RESCINDED.
____________________________________________________
DATE
18
AGREEMENT
THIS AGREEMENT, made the day of ______, 20__, by and between, City of Kenner,
Jefferson Parish, Louisiana, referred to in these Contract Documents as "Owner" acting through
its Mayor, and _______________________________________referred
WITNESSETH:
THAT WHEREAS: in accordance with law, Owner has caused Contract Documents to be
prepared and an Invitation to Bid to be published, for and in connection with Sylvaner Lift Station
Improvements; and,
WHEREAS, Contractor, in response to the Invitation to Bid, has submitted to Owner, in the
manner and at the time specified, a sealed Bid in accordance with Instructions to Bidders; and
WHEREAS, Owner, in the manner prescribed by law, has publicly opened, examined, and
canvassed the Bids submitted, and has determined Contractor to be the lowest and best Bidder for
the Work and duly awarded to Contractor a contract therefore, for the sum or sums named in
Contractor's Bid.
NOW, THEREFORE, in consideration of the compensation to be paid to Contractor and of the
mutual agreements herein contained, the parties to these presents have agreed and hereby agree,
Owner for itself and its successors, and Contractor for itself, himself, or themselves, and its, his,
or their successors and assigns, and its, his, or their executors and administrators, as follows:
ARTICLE I. All notices, letters, and other communication directed to Owner shall be delivered or
addressed and mailed, postage prepaid to:
City of Kenner
Kenner, Louisiana 70062
The business address of Contractor given in the Bid Form and Contractor's office in the vicinity
of the Work are both hereby designated as the places to which all notices, letters, and other
communication to Contractor will be mailed or delivered.
Contractor may change his address at any time by written notification to Owner.
ARTICLE II. The Contractor shall perform all Work, including the assumption of all obligations,
duties and responsibilities necessary to the successful completion of the contract and the furnishing
of all materials and equipment required to be incorporated in and form a permanent part of the
Work; tools, equipment, supplies, transportation, facilities, labor, superintendence and services
required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in
the Contract Documents to be performed or furnished by Contractor for the Work included in and
19
covered by Owner's official award of this contract to Contractor, such award being based on the
acceptance by Owner of Contractor's Bid.
ARTICLE III. That owner shall pay to Contractor for performance of the Work embraced in this
contract, and Contractor shall accept as full compensation therefore, the sum (subject to adjustment
as provided in the Contract Documents) of
________________________________________________________________________dollars
($ _________________) for all Work covered by and included in the contract
award and designated in the foregoing Article I; payment thereof to be made in current funds in
the manner provided in the Contract Documents.
ARTICLE IV. That Contractor shall complete all Work within 120 calendar days, after the
commencement of Contract Time (as defined in General Conditions).
ARTICLE V. Time is an essential condition of the contract. Should Contractor fail to perform
the Work within the Contract Time stipulated herein, Contractor shall pay to Owner, as liquidated
damages and not as a penalty, 0.1% of the contract amount including change orders per calendar
day of default, or $500.00 per day, whichever is greater, unless the Contract Time is extended by
Owner.
After ENGINEER and OWNER conduct a Final Inspection of the Work, a Punch List of
outstanding items to be completed, if any, will be issued to the CONTRACTOR. CONTRACTOR
shall have thirty (30) calendar days to complete any outstanding items of Work remaining to be
completed or corrected as detailed as a result of the Final inspection. If upon expiration of said
thirty (30) calendar days the aforementioned outstanding items of Work have not been completed,
liquidated damages in the amount of 0.1% of the contract amount including change orders per day
will be reinstated for every day in which the outstanding items of Work have not been completed.
In case of joint responsibility for delay in the final completion of the Work, where two or more
separate contracts are in force at the same time and cover related work at the same location,
liquidated damages assessed against any one Contractor will be based upon the individual
responsibility of that Contractor for the delay as determined by, and in the judgment of, Design
Professional.
The expiration of the Contract Time shall ipso facto constitute a putting in default where
Contractor has failed to perform the Work, and Owner need not formally place the Contractor in
default. Contractor hereby waives any and all notices of default.
ARTICLE VI. Pursuant to LSA-R.S. 38:2248 (Public Contract Law), Owner shall retain the
following percentages of each progress payment until payment is due under the terms and
conditions governing substantial completion or final payment.
CONTRACT AMOUNT RETAINAGE
20
ARTICLE VII. That the Contract Documents which comprise the contract between Owner and
Contractor, attached hereto and made a part of the documents listed in Table of Contents, and the
documents identified below.
Information submitted by Contractor prior to the time Owner issues
Notice of Award including the following:
Notice to Proceed.
Any Modifications (as defined in General Conditions) duly delivered after execution of this
Agreement.
The Contract Drawings consist of 1 sheet and are attached to the Contract Documents as an
Appendix. In addition, each sheet bears the following general title:
Sylvaner Lift Station Improvements
Notices of Final Completion and Acceptance.
ARTICLE VIII. In order to induce Owner to enter into this Agreement, and to the extent of their
applicability to the work, Contractor makes the following representations,
1.Contractor has familiarized himself with the nature and extent of the Contract Documents,
Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress of performance of the Work.
2.Contractor has studied carefully all reports of investigations and tests of subsurface and latent
physical conditions at the site or otherwise affecting cost, progress or performance of the Work
which were relied upon by Design Professional in the preparation of the Drawings and
Specifications and which have been identified in the Supplementary Conditions.
3.Contractor has made or caused to be made examinations, investigations and tests and studies
of such reports and related data in addition to those referred to in paragraph 2 as he deems
necessary for the performance of the Work at the Contract price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents; and no additional
examinations, investigations, tests, reports, or similar data are or will be required by Contractor
for such purposes.
4.Contractor has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
21
5. Contractor has given Design Professional written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by Design Professional is acceptable to Contractor.
ARTICLE IX. EQUAL OPPORTUNITY CLAUSE: 40 CFR PART 8.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not limited to, the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this equal opportunity clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract, or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or worker's
representative of the contractor's commitments under this equal opportunity clause, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractors noncompliance with the equal opportunity clause of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended, in whole or in part, and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No.
22
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the contracting agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of each direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
ARTICLE X. HISTORICAL PRESERVATION CLAUSE: 36 CFR PART 800
The contractor agrees that, should evidence of historical or archeological sites be discovered
during construction, all work in the area will cease immediately and the owner will be informed
of the discovery. The owner will, in turn, promptly notify the Municipal Facilities Division of the
Louisiana Department of Environmental Quality (DEQ).
After consulting with the appropriate State and Federal agencies, the DEQ will advise the owner
of any protective measures that may be required.
ARTICLE XI. ENDANGERED SPECIES CLAUSE: ENDANGERED SPECIES ACT OF 1973,
AS AMENDED
The contractor agrees that, should plants or animals belonging to either endangered or threatened
species be discovered in the area of construction or adjacent areas, all work in the area will cease
immediately, and the owner will be informed of the discovery. The owner will, in turn, promptly
notify the Municipal Division of the Louisiana Department of Environmental Quality (DEQ).
After consulting with the appropriate State and Federal agencies, the DEQ will advise the owner
of any protective measures that may be required.
ARTICLE XII. PRESIDENTIAL EXECUTIVE ORDERS
The contractor is required to comply with the following Presidential Executive Orders:
(1) 11625, 12138, and 12434 - Women's and Minority Business Enterprise;
(2) 12549 - Debarment and Suspension
(3) 11246 - Equal Employment Opportunity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
23
_____________________
HOLD HARMLESS AGREEMENT
If _____________________________________________ (hereafter “CONTRACTOR”)
is the successful bidder for, Sylvaner Lift Station Improvements then, to the fullest extent
permitted by law, CONTRACTOR shall indemnify and hold harmless the City of Kenner,
including its elected and appointed officials, employees, servants, volunteers, and agents,
specifically the firm of Digital Engineering & Imaging, Inc. (collectively, “OWNER”) from
against any and all claims, demands, suits, costs, liabilities or judgments for sums of money, and
fines or penalties asserted by any party, firm or organization for loss of life or injury or damages
to person or property, growing out of, resulting from, or by reason of any negligent acts, errors,
and/or omissions, by CONTRACTOR, its agents, servants or employees, while engaged upon or
in connection with the work required to be performed by CONTRACTOR.
Further, CONTRACTOR hereby agrees to indemnify OWNER for all reasonable expenses
and attorneys’ fees incurred by or imposed upon OWNER in connection therewith for any loss,
damage, injury or other casualty pursuant to this section. CONTRACTOR further agrees to pay
all reasonable expenses and attorneys’ fees incurred by OWNER in establishing the right to
indemnity pursuant to the provision of this Agreement.
The above indemnification shall not apply to those claims, demands, and/or causes of
action arising out of the negligence of OWNER.
Accepted By: ________________________________________________
Company Name: ______________________________________________
That we, , (Name of Contractor) a , hereinafter called Principal, and
, hereinafter called the "Surety", are (Name of Surety)
held and firmly bound unto the City of Kenner, Louisiana, hereinafter called "Owner”, in the
penal sum of _________________________________________________________________
Dollars ($ ) in lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with the Owner, dated the day of , , a copy
of which is hereto attached and made apart hereof for the construction of:
Sylvaner Lift Station Improvements
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants terms, conditions, and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the Owner, with or without
notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract,
and shall fully indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default in connection with the construction of
such work, and all insurance premiums on said work, whether by subcontractor or otherwise, then
this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the same shall in any way affect
its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which
shall be deemed an original, this the day of , .
26
WITNESSES:
By: _____________________________________
(Principal)
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor
is Partnership, all partners should execute bond.
27
KNOW ALL MEN BY THESE PRESENTS: that
, a ______________________________________ (Name of Contractor -see Note 1) (Entity - see Note 2)
______________________________________________________________________________ (Address of Contractor) hereinafter called Principal, and:
_____________________________________________________________________________ (Name of Surety - see Note 3)
_____________________________________________________________________________ (Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Kenner, State of Louisiana,
acting herein by and through the Kenner City Council, the Governing Authority for said City,
hereinafter called Owner, in the penal sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and truly
be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain contract with the Owner, dated the day of , , a copy of which is
hereto attached and made a part hereof for the construction of:
Sylvaner Lift Station Improvements
NOW, THEREFORE, if the Principal shall promptly pay all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the work provided
for in such contract, and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and
tools, consumed or used in connection with the construction of such work, and all insurance
premiums on said work, and for all labor, performed in such work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the same shall in any way affect
its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
28
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of
which shall be deemed an original, this the day of , .
WITNESSES:
(Surety)
BY:_____________________________________
(Attorney-in-fact)
NOTE: Date of Bond must not be prior to date of Contract.
1. Correct name of Contractor
2. A Corporation, A partnership, or an Individual
3. Correct Name of Surety
29
AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared,
_____________________________, who after being duly sworn, deposed and said that he/she is
the fully authorized ________________________ of ___________________________________
(hereinafter referred to as bidder), the party who submitted a bid for______________________,
Bid Number ______________________ and said bidder further said:
(1) That bidder is registered and participates in a status verification system to verify that all
employees in the State of Louisiana are legal citizens of the United States or are legal aliens.
(2) That bidder shall continue, during the term of the contract, to utilize a status verification
system to verify the legal status of all new employees in the state of Louisiana.
(3) That bidder shall require all subcontractors to submit to the bidder a sworn affidavit verifying
compliance with statements (1) and (2).
_______________________________________
ATTESTATION CLAUSE REQUIRED BY
LA. R.S. 38:2227 (PAST CRIMINAL CONVICTIONS OF BIDDERS)
Appearer, as a Bidder on the above-entitled Public Works Project, does hereby attest that:
A. No sole proprietor or individual partner, incorporator, director, manager, officer, organizer,
Or member who has a minimum of a ten percent (10%) ownership in the bidding entity Name below has been convicted of, or has entered a plea of guilty or nolo contendere to Any of the following state crimes or equivalent federal crimes:
(a) Public bribery (R.S. 14:118) (c) Extortion (R.S. 14:66)
(b) Corrupt influencing (R.S. 14:120) (d) Money Laundering (R.S. 14:23)
B. Within the past five years from the project bid date, no sole proprietor or individual partner,
incorporator, director, manager, officer, organizer, or member who has a minimum of a ten
percent (10%) ownership in the bidding entity named below has been convicted of, or has
entered a pleas of guilty or nolo contendre to any of the following state crimes or equivalent
federal crimes, during the solicitation or execution of a contract or bid awarded pursuant to the
provision of Chapter 10 of Title 38 of the Louisiana Revised Statutes:
(a) Theft (R.S. 14:67) (f) Bank fraud (R.S. 14:71.1)
(b) Identity Theft (R. S. 14:67.16) (g) Forgery (R. S. 14:72)
(c) Theft of a business record (h) Contractors; misapplication of
__________________________________ _______________________________________
__________________________________ _______________________________________
____________________________________________
SC - 1
SUPPLEMENTARY CONDITIONS List of Subjects SC-1 SCOPE SC-2 INSURANCE SC-2.01 Workers Compensation and Employer's Liability SC-2.02 Comprehensive Automobile Liability SC-2.03 Comprehensive General Liability SC-2.04 Umbrella Liability Policy SC-2.05 Owner's Protective Liability SC-2.06 Installation Floater (Property Insurance) SC-2.07 Builder's Risk Insurance SC-2.08 Deductibles SC-2.09 Indemnity SC-2.10 Settlement of Insurance Claims SC-3 BID, PERFORMANCE AND PAYMENT BONDS SC-4 OVERTIME WORK SC-5 CORRECTION PERIOD SC-6 PAYMENT OF LIQUIDATED DAMAGES SC-7 DOCUMENTATION TO ACCOMPANY APPLICATIONS FOR PAYMENT SC-7.01 Material and Equipment SC-7.02 Schedules and Data SC-7.03 Documentation for Final Payment SC-8 SPECIFICATIONS SC-9 RESPONSIBILITY FOR PAYMENT SC-10 UNDERGROUND INSTALLATIONS SC-11 HISTORICAL OR ARCHAEOLOGICAL DEPOSITS SC-12 CONTRACT TIME SC-12.01 Delays and Damages SC-12.02 Time Extensions for Weather Conditions SC-13 SUBSTANTIAL COMPLETION SC-14 ORDER OF PRECEDENCE SC-15 ASSIGNMENT SC-16 PREFERENCE AND PRIORTY TO LOUISIANA RESIDENT CONTRACTOR SC-17 EMERGENCY PERSONNEL REQUIREMENTS SC-18 COORDINATION OF WORK
SC - 2
SC-19 COOPERATION BETWEEN CONTRACTORS SC-20 PRE-CONSTRUCTION CONFERENCE SC-21 SCHEDULE OF VALUES AND PROJECT WORK SCHEDULE SC-22 SHOP DRAWINGS AND SAMPLES SC-23 ACCEPTANCE OF INSURANCE
3
SUPPLEMENTARY CONDITIONS
SC-1 SCOPE. These Supplementary Conditions amend or supplement the General Conditions (EJCDC No. C-700, 2002 Edition), and amend or supplement other provisions of the Contract Documents. All provisions not so amended or modified remain in full force and effect. SC-2 INSURANCE. The insurance requirements in Article 5 of the General Conditions are as modified herein. All liability and property insurance shall be purchased and maintained by Contractor as set forth herein. Section 2.01 of the General Conditions is revised to require that the valid certificates of insurance showing the required waivers be submitted with the Contract when the Contractor returns the contract for signature by the Mayor of the City of Kenner. The Contractor shall purchase in its name and maintain at its sole cost and expense such liability and other insurance as set out herein. This insurance will provide primary coverage for claims and/or suits which may arise out of or result from the Contractor’s performance and furnishing of the Work, whether it is performed by the Contractor, any sub-contractor, partner, supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. If applicable, the Contractor shall require all sub-contractors to maintain, in limits equal to or greater than Contractor’s, the same insurance coverage for Work performed or materials provided for the Work. Contractor shall insert this requirement in all contracts or agreements written and/or oral with all entities and/or persons who perform any Work under this contract. At no time shall Contractor allow any sub-contractors to perform Work without the required types and limits of insurance coverage. All insurance shall include a waiver of subrogation in favor of the Owner and any principals for whom the Owner is working, including any and all co-lessors of such principal, and shall be subject to the approval of the Owner. Insurance provided for Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability shall name the Owner as an additional insured and shall be primary to any insurance carried by the Owner. Contractor shall furnish the Owner with certificates of insurance as evidence of the above insurance. If Owner has any objections to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Contractor in accordance with Section 5.04 of the General Conditions on the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within thirty (30) calendar days of the date of delivery of such certificates to Owner in accordance with Section 2.01 of the General Conditions. SC-2.01 Workers’ Compensation and Employer's Liability Insurance. The Contractor shall purchase in its name, and maintain during the life of this contract, Worker's Compensation Insurance for all his employees in any way engaged in this project. If any Subcontractor does not carry Workers' Compensation Insurance, such coverage must be included under the Contractor's policy. The policy shall provide coverage at least equal to the requirements of the State of Louisiana and shall include Employer's Liability Coverage. If any of the Work is above, on, or alongside bodies of water, U S Longshoreman & Harbor Workers insurance in equal amounts ($1,000,000) is to be included in the policy. Policy limits and endorsements shall be as follows:
SC - 4
a. State Act- Louisiana Statutory Requirements; Provide Other States coverage, if applicable;
b. Employer’s Liability with Minimum limits of $1,000,000/1,000,000/1,000,000; and c. Waiver of Subrogation to include written contracts in favor of The City of Kenner,
its elected and appointed officials, agents, directors, servants, employees, volunteers, and any other entities who may require waivers by specific contract.
SC-2.02 Commercial Automobile Liability Insurance. The Contractor shall purchase in its name, and maintain during the life of this contract, Commercial Automobile Liability Insurance to protect the Owner, Contractor and Subcontractors performing work under this contract from claims arising from any operations or work in connection with this contract. The Commercial Automobile Liability Insurance coverage is to be on an occurrence basis, with minimum limits and endorsements as follows:
a. Minimal acceptable limit: $1,000,000 Combined Single Limit; b. Liability coverage to be provided for Any Auto or for all Owned Autos and Hired and Non-owned Autos. If Contractor owns no vehicles, then a Hired and Non-
owned Auto Liability policy is required; c. Additional Insured endorsement in favor of The City of Kenner, its elected and
appointed officials, agents, directors, servants, employees, and volunteers; d. Waiver of Transfer of Rights of Recovery Against Others to Us to include written
contracts in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers; and
e. If transporting any pollutants, the policy is to include the Broad Form Transportation Pollution Form CA 99 48, or the most current form available. SC-2.03 Commercial General Liability Insurance. The Contractor shall purchase in its name, and maintain during the life of this contract, Commercial General Liability Insurance, including Products and Completed Operations Insurance to protect the Owner, Contractor and Subcontractors performing work under this contract from claims arising from any operations or work in connection with this contract. The policy shall provide the following limits and endorsements:
a. Commercial General Liability Form CA 00 01 or pre-approved equivalent; b. Minimal acceptable limits: $1,000,000 per occurrence; $2,000,000 general
aggregate, $2,000,000 products/completed operations aggregate; c. Amendment-Aggregate limits of insurance (per project), the most recent edition in
use in Louisiana or pre-approved equivalent; d. Additional Insured endorsement in favor of The City of Kenner, its elected and
appointed officials, agents, directors, servants, employees and volunteers on CG 20 10 Form B (edition 07 04) or approved equivalent; and
e. Waiver of Transfer of Rights of Recovery Against Others to Us to include written contracts in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers.
SC-2.04 Umbrella / Excess Liability Coverage. The Contractor shall purchase in its name, and maintain during the life of this contract, a policy of Umbrella / Excess Liability Coverage in excess of the General Liability, Automobile Liability and Employer’s Liability coverages above, following form thereof:
a. Minimum acceptable limits of $5,000,000
SC - 5
SC-2.05 Contractor’s Pollution, if applicable. If the Work involves pollutants of any kind, in any manner, including cleanup, this section applies. The Contractor shall purchase in its name, and maintain during the life of this contract, a pollution liability policy covering losses caused by pollution conditions that arise from the operations of the Contractor. The policy shall provide the following limits and endorsements:
a. Minimum acceptable limits: $1,000,000 each incident; $2,000,000 aggregate; b. Broad Form Named Insured endorsement; c. Fines, penalties and punitive damages to be included; d. Clean up costs to be included; e. Additional Insured endorsement in favor of The City of Kenner, its elected and
appointed officials, agents, directors, servants, employees, and volunteers; f. Waiver of Transfer of Rights of Recovery Against Others to Us to include written
contracts in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers;
h. If claims-made coverage is accepted, the retroactive date, if any, must precede the commencement of the performance of the contract; and
i. Any retrospective date applicable to coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning when the Contract is completed or terminated.
SC-2.06 Builder's Risk Insurance, if applicable. If the construction project involves a structure of any kind, this section applies. The Contractor shall purchase and maintain Builder’s Risk insurance upon the entire Work which is the subject of the Contract, at the site, to the full insurable value thereof. The Contractor shall purchase the policy with the Owner as the First Named Insured and maintain an “all risk” builder’s risk insurance on the entire Work. If the Contractor has a blanket Builder’s Risk policy, it shall be endorsed to include the Work, with the Owner listed as a Named Insured with regard to the Work. These policies must at a minimum cover for such amount of the Work as is determined by the Engineer and/or Architect. This insurance shall include, the Contractor, any Subcontractors and/or vendors deemed appropriate by the Contractor shall also be Named Insureds.
The policy shall insure against the perils of fire, flood, and extended coverage and shall include, "all risk", insurance for physical damage including, without duplication of coverage: theft; testing as appropriate for the type of project; debris removal; damage to any Work-related property stored in the open, resulting from a non-excluded peril; and vandalism. If not covered under the "all risk" insurance or otherwise provided in the Contract, the Contractor shall effect and maintain similar insurance on portions of the Work stored off the site when such portions of the Work are to be included in any applications for payment and such procedures have been approved by the Owner.
The Builder’s Risk insurance shall be written and provided such that any portions of a building or site vacated by the Owner to accommodate the Work are protected and covered by the terms of the insurance. The insurance shall not be cancelled or permitted to lapse because of such vacancy. Coverage is to provide for use and/or occupancy, without qualification, of any and all portions of the Work, or the premises where the Work is being conducted, whether the Work has been accepted by the Owner or not. The policy shall remain in full force and effect until all work has been accepted by the Owner and no repairs, remediation or operations of any type are required from the Contractor, as determined by the Owner. Coverage for Builder’s Risk Soft Costs is to be included.
SC - 6
SC-2.07 Deductibles / Self-Insured Retentions. No insurance required under this contract shall include a deductible or Self Insured Retention in excess of $25,000.00 unless approved by the Owner. The cost of all deductible or retained amounts shall be borne by the Contractor. SC-2.08 Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, indemnify and save the Owner, its agents, officials, employees, or any firm, company, organization, or individual, or their contractors, or subcontractors for whom the Owner may be contracted to, harmless from and against any and all claims, demands, actions, and causes of action of every kind and character including but not limited to claims based on negligence, strict liability, and absolute liability which may arise in favor of any person or persons on account of illness, disease, loss of property, services, wages, death or personal injuries resulting from operations contemplated by this contract. Specifically indemnified is the firm of Principal Engineering, the same as the Owner. Further, Contractor hereby agrees to indemnify all parties above for all reasonable expenses and attorneys' fees incurred by or imposed upon the Owner in connection therewith for any such loss, damage, injury or other casualty. Contractor further agrees to pay all reasonable expenses and attorneys' fees incurred by the Owner in establishing the right to indemnity. SC-2.09 Settlement of Insurance Claims. Losses insured under policies that include Owner as a named insured shall be adjusted with the Owner and made payable to the Owner as trustee for the Insureds, as their interests may appear. SC-3 Bid, Performance, and Payment Bonds. All Bonds shall be in the form prescribed by the Contract except as provided otherwise by applicable Laws or Regulations and shall be executed only by sureties meeting the requirements and qualifications set forth herein. If the surety on any Bond furnished by the Contractor is declared bankrupt, becomes insolvent, loses its right to do business in any state where any part of the Project or Work is located, or ceases to meet the requirements of paragraphs 3.1, 3.2, and/or 3.3 C below, the Contractor shall within twenty (20) days thereafter substitute another Bond and surety, both of which shall comply with the requirements herein. SC-3.1 Bid Bond / Evidence of Good Faith - The Contractor’s Bid shall be accompanied by a certified check, cashier’s check or bid bond in an amount equal to five percent (5%) of the Contractor’s Bid as an evidence of good faith. If a Bond is used the surety or insurance company must be currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A- rating in the latest edition of the A. M. Best’s Key Rating Guide. SC-3.2 Performance and Payment Bonds - The Contractor shall purchase and furnish performance and payment bonds each in an amount at least equal to one hundred percent (100%) of the Contract price, including but not limited to, the obligations for actual damages and liquidated damages in accordance with the provisions in the Contract, regarding delay in completion of the Work within the contract times as security for faithful performance and payment of all Contractor’s obligations under the Contract. Contractor shall also furnish such other Bonds as are required by the Contract. Separate Performance and Payment Bonds shall be provided. A combined Performance and Payment Bond will not be acceptable. SC-3.3 Qualification of Surety – Performance and Payment Bonds - Any surety Bond written for Owner shall be written by a surety or insurance company currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which
SC - 7
is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A- rating in the latest edition of the A. M. Best’s Key Rating Guide to write individual Bonds up to ten percent (10%) of policy holders’ surplus, or by a surety company that complies with the requirements of LSA-R.S. 38:2219.
SC-3.4 Resident Agent Required - No surety will be accepted from a bondsman that does not have a permanent agent or representative in the State of Louisiana upon whom notices referred to in the General Conditions may be served. Service of said notice on said agent or representative in the State shall be equal to service of notice on the president of the surety, or such other officer as may be concerned. Should the Contractor’s surety, even though approved and accepted by the Owner subsequently remove its agency or representative from the State or terminate its residency or license in the State or become insolvent, bankrupt, or otherwise fail, the Contractor shall immediately furnish a new Bond from another company approved by the Owner at no additional cost to the Owner. The new Bond shall be executed upon the same terms and conditions as the original Bond.
SC-3.5 Alternative Security – The Owner, may, at its discretion accept alternative security pursuant to the requirements set forth in the Louisiana Public Contract Law (LSA-R.S. 38:2211 et seq.)
SC-3.6 Scope of the Bond and Obligation of the Surety - The Contractor’s surety shall obligate itself to all the terms and covenants of the Contract covering the Work to be performed there under. The Owner reserves the right to order extra work or to make changes by altering, adding to, or deducting from the Work under the conditions and in the manner herein described without notice to the Contractor’s surety and without in any manner affecting the liability of the bondsman or releasing it from any of its obligations hereunder.
The Bond shall also secure for the Owner the faithful performance of the Contract in strict accordance with the plans and specifications of the Contract. It shall protect the Owner against all lien laws of the State and shall provide for payment of reasonable attorney’s fees for enforcement of the Contract and institution of concursus proceedings, if such proceedings become necessary. Likewise it shall provide that if the Engineer is put to labor or expense by enforcement of the Contract and institution of concursus proceedings or through delinquency or insolvency of the Contract he shall be equitably paid for such extra expense and services involved.
The surety of the Contractor shall be and does hereby declare and acknowledge itself by acceptance to be bound to the Owner as guarantor jointly and in solido with the Contractor for fulfillment of the foregoing items including, but not limited to any provisions for actual or liquidated damages. SC-4 OVERTIME WORK. No work shall be done between 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or legal holidays without permission of Owner. However, emergency work may be done without prior permission. Night work may be undertaken as a regular procedure with the permission of Owner; such permission, however, may be revoked at any time by Owner if Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. Regular working hours shall not exceed a maximum of 40 hours per week. Requests to work during other than regular working hours as established by Contractor must be submitted to the Design Professional at least 72 hours in advance of the period proposed for such overtime work and shall set forth the proposed schedule for work to give the Design Professional ample time to arrange for his personnel to be at the site of the work.
SC - 8
The Contractor shall pay for all additional engineering charges to the Owner on account of the overtime work which may be authorized as stated above. Such engineering charges shall be a subsidiary obligation of the Contractor and no extra payment shall be made by the Owner on account of such overtime work. Design Professional overtime charges shall be assessed in accordance with the terms of the Design Professional's Agreement with the Owner. SC-5 CORRECTION PERIOD. Section 13.07 of the General Conditions is hereby modified so that the correction period is one year after the date of City Council Acceptance. Nothing in the General Conditions Article 13 concerning the correction period shall establish a period of limitation with respect to any other obligation which Contractor has under the Contract Documents. The establishment of time periods relates only to the specific obligations of the Contractor to correct the work, and has no relationship to the time within which his obligations under the Contract Documents may be commenced to establish his liability with respect to his obligations other than to specifically correct the work. SC-6 PAYMENT OF LIQUIDATED DAMAGES. Article 14 of the General Conditions is hereby modified to include provisions for collecting liquidated damages. When Contractor is in default for nonperformance within the stipulated contract time (as set forth in the Liquidated Damages paragraph), Owner shall deduct the liquidated damages amount from the Contractor's payment request. SC-7 DOCUMENTATION TO ACCOMPANY APPLICATIONS FOR PAYMENT. In addition to the provisions set forth in GC-14.02 and 14.07, the Contractor's Applications for Payment shall be accompanied by the documentation specified in SC 7.01, 7.02 and 7.03. SC-7.01 Materials and Equipment. If payment is requested for materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Progress Payment shall be accompanied by such data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. Payments for such materials and equipment shall be based only upon the actual cost of the materials and equipment to the Contractor and shall not include any overhead or profit to the Contractor. The Contractor shall be cognizant of the fact that other work may be under construction at the same time that this Contract is active. There shall be complete cooperation with any other contractor in the area, and any unavoidable conflicts shall be immediately brought to the Design Professional's attention. SC-7.02 Schedules and Data. Each Application for Progress Payment shall be accompanied by the Contractor's updated schedule of operations, or progress report, with such shop drawings, schedules, procurement schedules, value of material on hand included in application, and other data specified in Division 1 or reasonably required by the Design Professional. With each pay request the Contractor shall submit a breakdown of pay items by work order site, listing location, description of work and cost supported by foreman's report; and a standard A.I.A. billing form indicating bid items, unit prices bid, current quantities installed, value of current work installed, previous quantity installed and total quantity and cost to date. SC-7.03 Documentation for Final Payment. Contractor's Application for Final Payment shall be accompanied by consent of the Surety to final payment and clear lien and privilege certificates issued by the Clerk of Court and Ex-Officio Recorder of Mortgages for Jefferson Parish.
SC - 9
SC-8 SPECIFICATIONS. The specifications which govern the materials and equipment to be furnished and the work to be performed under this contract are listed in the Table of Contents at the beginning of this volume. SC-9 RESPONSIBILITY FOR PAYMENT. Except for items specifically identified as provided by the Owner, Contractor shall pay for all labor, materials, and other costs incurred under this Contract. SC-10 UNDERGROUND INSTALLATIONS. Active underground pipelines and utilities are indicated on the Drawings only to the extent such information was made available to or discovered by Design Professional in preparing drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly disclaimed by the Owner and the Design Professional. Service connections are not indicated on the Drawings. Contractor shall be responsible for discovery of all existing underground installations, in advance of excavating or trenching, by contacting all local utilities, and by prospecting. SC-11 HISTORICAL OR ARCHAEOLOGICAL DEPOSITS. If, during the course of construction, evidence of deposits of historical or archaeological interest is found, Contractor shall cease operations affecting the find and shall notify Owner who shall notify the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until Contractor has been notified by Owner that he may proceed. Owner will issue a notice to proceed only after the state official has surveyed the find and made a determination to the Owner. Compensation to Contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Contract Documents. SC-12. CONTRACT TIME. SC-12.01 Delays and Damages. Contractor shall accept the risk of any delays caused by the rate of progress of the work performed under this contract or other contract. In the event the Contractor is delayed in the prosecution and completion of the work because of such conditions, the Contractor shall have no claim against the Owner for damages or contract adjustment other than an extension of contract time and the waiving of liquidated damages during the period occasioned by the delay. Time limitations required by the Owner shall be for the benefit of the Owner and contractors, under other contracts, who have entered into such contracts with the Owner in reliance on the time limitations set forth in these Contract Documents. Any claim by the Contractor for damages due to delay by another contractor shall be asserted against that Contractor. SC-12.02 Time Extensions for Weather Conditions. The Contractor shall note that weather conditions shall not be an automatic cause for time extension. The contract time specified in the bidding documents and contract agreement include an allowance for inclement weather. In order to document and claim days lost to inclement weather conditions, the Contractor shall, on a semi- monthly basis submit a report to the Design Professional, stating the time lost to inclement weather, within seven (7) days of the end of the report period. The Design Professional will review the report and make recommendations for either acceptance or rejection of each claimed time period lost to inclement weather. The Owner will then instruct the Design Professional to approve or reject the report.
SC - 10
The report for lost days due to inclement weather shall account for all days during the reporting period, including weekends and holidays. Claims for lost days on either weekends or holidays will not be considered unless the Contractor can show that the inclement weather affected work production on the following work day. The reporting periods shall be from the first day of the month through and including the fifteenth day of the month and from the sixteenth day of the month through and including the last day of the month. Lost time accounting shall be in one-half day increments. Lost time shall be considered only if the weather occurrence is in excess of the normal weather patterns as established by the nearest office of the National Weather Service, U.S. Department of Commerce. When the Contract utilizes critical path method scheduling (C.P.M.), the Design Professional will determine if the days lost due to weather conditions actual affected the critical path activities then no time extension will be granted. SC-13 SUBSTANTIAL COMPLETION. Section 14.04 of the General Conditions is hereby deleted entirely, and the following is substituted: When the Contractor considers the work 100% complete, the Contractor shall declare in writing to the Owner and the Design Professional that the work has been completed in accordance with the plans and specifications, and shall request a Final Inspection of the work. Upon receipt of such notification the Design Professional shall , as quickly as practical, schedule and conduct a Final Inspection of the work and shall prepare and furnish to the Contractor a Punch List of outstanding items to be completed or corrected, all in accordance with Section 14.06 of the General Conditions. Upon completion of the Punch List items and verification by the Design Professional and the Owner as acceptable and complete, the City Council will, by Resolution, accept the project as complete for purposes of commencement of the statutory lien period. Until completion of the Punch List, however, the contract time will continue to run. SC-14 ORDER OF PRECEDENCE. In the event of an inconsistency in the Contract Documents, the order or precedence shall be as follows:
a) Agreement b) Addenda/Change Orders/Written Amendment c) Contractor's Bid d) Supplementary Conditions e) Instructions to Bidders f) General Conditions g) Technical Specifications h) Referenced Standard Specifications i) Drawings
With reference to the drawings, the order of precedence is as follows: Figures govern over scaled dimensions; detail drawings over general drawings; addenda/change order drawings govern over standard drawings and shop drawings. SC-15 ASSIGNMENT. Neither party to this contract shall assign or sublet his interest in this contract without written consent of the other, nor shall Contractor assign any monies due or to become due him under this contract without previous written consent of Owner, nor without the consent of the Surety unless the Surety has waived its right to notice of assignment. The Contractor shall perform at least fifty percent (50%) of all work covered in the Contract Documents. Contractor shall not employ any subcontractor, other personnel or organization, Whether initially or at any time during the contract time, to assist the Contractor in the execution of the Contractor’s fifty percent (50%) of the work.
SC - 11
SC-16 PREFERENCE AND PRIORITY TO LOUISIANA RESIDENT CONTRACTORS. By statutory authority, certain preference and priority is given to Louisiana Resident Contractors in the award of public work contracts (LSA-R.S. 38:2225). If applicable, Bidder must make request in writing, to accompany bid submission. SC-17 EMERGENCY PERSONNEL REQUIREMENTS. The work demands of this contr