CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR. Kenner City Hall Building A Landscape Enhancements KENNER, LA. MAYOR Michael S.

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1 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR Kenner City Hall Building A Landscape Enhancements KENNER, LA. MAYOR Michael S. Yenni COUNCIL Maria C. DeFrancesch, Councilwoman at Large Division A Keith A. Conley, Councilman at Large Division B Gregory W. Carroll, Councilman District 1 Michael G. Sigur, Councilman District 2 Keith M. Reynaud, Councilman District 3 Leonard J. Cline, Councilman District 4 Dominick F. Impastato, III, Councilman District 5 CHIEF OF POLICE Michael J. Galser Linfield, Hunter & Junius, Inc th Street, Suite 200 Metairie, LA PROJECT # SEALED BID

2 TABLE OF CONTENTS TABLE OF CONTENTS... 2 to 4 INVITATION TO BID... 5 to 6 INFORMATION AVAILABLE TO BIDDERS..7 INSTRUCTIONS TO BIDDERS... 8 to 15 SECTION I. BIDDING AND CONTRACT DOCUMENTS REQUIRED OF ALL BIDDERS BID FORM.16 to 18 BID BOND SECTION II. DOCUMENTS REQUIRED OF SUCCESSFUL BIDDER AFFIDAVIT CORPORATE RESOLUTION (SAMPLE) AGREEMENT to 25 HOLD HARMLESS AGREEMENT PERFORMANCE BOND to 28 LABOR AND MATERIALS (PAYMENT) BOND to 30 AFFIDAVIT-EMPLOYMNET STATUS VERIFICATION..31 ATTESTION CLAUSE OF PAST CRIMINAL CONVICTIONS.32 SECTION III. SUPPLEMENTARY CONDITIONS to 45 GENERAL CONDITIONS.... GC-1 to GC-42 2

3 DIVISION 1 - GENERAL REQUIREMENTS TABLE OF CONTENTS (continued) SECTION SUMMARY OF WORK...1 SECTION CONTROL OF WORK...1 SECTION FIELD ENGINEERING AND SURVEYING...1 SECTION MEASUREMENT AND PAYMENT...1 SECTION REQUESTS FOR PAYMENT...1 SECTION CHANGE ORDER PROCEDURE...1 SECTION PROJECT MEETINGS...1 SECTION CONSTRUCTION SCHEDULES...2 SECTION SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES...2 SECTION QUALITY CONTROL...2 SECTION TESTING LABORATORY SERVICES...2 SECTION CONSTRUCTION FACILITIES & TEMPORARY CONTROLS...2 SECTION TEMPORARY UTILITIES...2 SECTION PROJECT IDENTIFICATION SIGNS...2 SECTION FIELD OFFICES AND SHEDS...2 SECTION MATERIAL AND EQUIPMENT...2 SECTION STORAGE AND PROTECTION...3 SECTION STARTING OF SYSTEMS...3 SECTION CONTRACT CLOSEOUT...3 3

4 SECTION CLEANING...3 DIVISION 1 THRU 16 TECHNICAL SPCFICATIONS SECTION MOBILIZATION SECTION TEMPORARY SIGNS AND BARRICADES thru SECTION CLEARING AND GRUBBING SECTION LANDSCAPE IRRIGATION thru SECTION LANDSCAPING thru SECTION CLEAN-UP, AND DRESSING SECTION ,000 PSI CAST-IN PLACW CONCRETE thru SECTION BASIC ELECTRICAL MATERIALS & METHODS thru

5 INVITATION TO BID The City of Kenner will receive sealed bids for Kenner City Hall Building A-Landscape Enhancements. The work generally consist of the following: Project Will be located at the existing pedestrian plaza in front of Kenner City Hall Building A. Work consists of minor demolition, pressure washing, hardscape and ADA work, landscape irrigation and lighting. Sealed Bids will be received by the City of Kenner in the Purchasing Department, 1801 Williams Blvd. Building C, Fourth Floor, Kenner, Louisiana until 9:45 a.m. on Wednesday, November 18, Bids will not be accepted after this time. All interested parties are invited to attend the bid opening on the same day at 10:00 a.m. in the Purchasing Conference Room, 1801 Williams Boulevard, Building C, 3 rd Floor, Kenner, Louisiana, at which time they will be publicly read. Copies of Bidding Documents and Contract Documents for review or for use in preparing bids may be obtained from the Consulting Design Professionals, Linfield, Hunter & Junius, Inc. located at th Street, Suite 200, Metairie, LA upon deposit of $50.00 for each set of documents. The full deposit for one set of documents will be refunded to each contractor who submits a bona-fide bid. For additional sets of documents and for documents issued to subcontractors or material suppliers, the cost of reproduction and mailing of each set will be deducted. Said refunds will only be made for a complete set of documents in good condition returned within 10 days following bid opening. Partial sets of documents will not be issued. Any bidder to whom a contract is awarded shall certify that he holds an active license in accordance with LSA-R.S. 37:2150 et. seq. Bidders must write their Louisiana State Contractor s license number on the outside of the bid envelope prior to bid submission for public works construction projects estimated at $50,000 and above. In the case of an electronic bid proposal, a contractor may submit an authentic digital signature on the electronic bid proposal accompanied by the contractor s license number in order to meet the requirements of LSA-R.S. 37:2163. Except as otherwise provided herein, if the bid does not contain the contractor s certification and show the contractor s license number on the bid envelope, the bid shall be automatically rejected, shall be returned to the bidder marked REJECTED and shall not be read aloud. In accordance with LA R.S. 38:2212 and Louisiana Administrative Code 34:III.Chapter 3 307, bid submission shall conform to those requirements as stipulated on the Louisiana Uniform Public Work Bid Form. Bidder must submit a bid security in the form of bid bond, cashier s check, or certified check in the amount of 5% of the contract price in favor of the City of Kenner. Prior to and upon contract execution, the successful bidder shall provide to the Owner all other documents necessary, including but not limited to performance bond, payment bond and insurance certificate(s), which are necessary for contract execution in accordance with the timetable as stipulated in this Invitation to Bid. 5

6 Bids will be received on a total bid price basis. If a Contract for the Work is to be awarded, it will be awarded to the lowest responsive Bidder, who had bid in accordance with the requirements of the Louisiana Uniform Public Work Bid Form, as determined by the Owner's evaluation of the corresponding Bid Form. Determination of the lowest Bidder shall be on the basis of the sum of the Base Bid and any Alternates accepted by the Owner, subject to the Owner's and the Design Professional's evaluation of the corresponding Bid Form and the provisions of Louisiana Public Contracts Law. The Work is to commence within 10 days after the Notice to Proceed. Completion of the Work is required within 45 calendar days following the Date of Contract as stated in the Notice to Proceed. The bid prices shall include all such taxes and the costs of all required permits, insurance and bonds, if any. No Bid may be withdrawn within a period of 45 days after the date fixed for opening bids for this project. For just cause, the City of Kenner reserves the right to reject any and all Bids. CITY OF KENNER Sealed Bid No Advertisement: The Times Picayune /s/theresa L. Nevels Purchasing Director Publishing Dates: October 28 and November 4,

7 INFORMATION AVAILABLE TO BIDDERS N/A END OF SECTION 7

8 INSTRUCTIONS TO BIDDERS - LIST OF SUBJECTS B-1 CROSS REFERENCE TO PRIMARY STATEMENTS B-2 QUALIFICATION OF BIDDERS B-3 LOUISIANA LICENSE REQUIREMENTS B-4 FAMILIARIZATION WITH THE WORK B Site Conditions B-5 INTERPRETATIONS B-6 TAXES AND PERMITS B-7 BID SECURITY B-8 RETURN OF BID SECURITY B-9 CONTRACT TIME B-10 SUBCONTRACTORS B Suppliers B-11 BIDS B Bid Form B Bid Pricing B Electronic and Manual Submission of Bids B Special Requirements for Manual Submission of Bids B Modification and Withdrawal of Bids B Bids to Remain Open B-12 AWARD OF CONTRACT B-13 EXECUTION OF AGREEMENT B-14 COPIES OF CONTRACT DOCUMENTS B-15 LOCAL MATERIALS AND FIRMS B-16 WORK SCHEDULING B-17 WORK ON PRIVATE PROPERTY B-18 USE OF POTABLE WATER B-19 PERFORMANCE AND PAYMENT BONDS B-1 CROSS REFERENCE TO PRIMARY STATEMENTS. Definitions, requirements, and 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 Laws and Regulations General and Supplemental Conditions Retainage Agreement and Supplemental Conditions Subsurface Investigations General and Supplemental Conditions 8

9 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, 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.38:2212 (A)(1)(e). Any bidder to whom a contract is awarded shall certify that he holds an active license in accordance with LSA-R.S. 37:2150 et. seq. Bidders must write their Louisiana State Contractor s license number on the outside of the bid envelope prior to bid submission for public works construction projects estimated at $50,000 and above. In the case of an electronic bid proposal, a contractor may submit an authentic digital signature on the electronic bid proposal accompanied by the contractor s license number in order to meet the requirements of LSA-R.S. 37:2163. Except as otherwise provided herein, if the bid does not contain the contractor s certification and show the contractor s license number on the bid envelope, the bid shall be automatically rejected, shall be returned to the bidder marked REJECTED and shall not be read aloud. 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. 9

10 B 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. B-5. INTERPRETATIONS. All questions about the meaning or intent of the Contract Documents shall be submitted to Design Professional in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Design Professional as having received the bidding documents. Addenda will be issued at least three (3) days (excluding weekends and holidays) prior to the time stated for opening bids. Questions received less than ten (10) working days prior to the date for opening of bids will not be answered. 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 cashier s check or bid bond. If bid bond is used, then it shall be written by a surety or insurance company currently on the U.S. Department of the 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 printing of the A.M. Best's Key Rating Guide to write individual bonds up to ten percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide or by an insurance company in good standing licensed to write bid bonds which is either domiciled in Louisiana or owned by Louisiana residents. 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. For the bidder s convenience, a bid bond form has been provided. 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, 10

11 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 shall be returned upon execution of Agreement. 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 this Bid Specification. 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 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. B-11. BIDS. B Bid Form. A separate copy of the Bid Form is provided for purposes of submitting a bid. Bid Form must be completed in ink or typewritten. Bids by corporations must be executed in the corporate name by the appropriate corporate officer. If someone other than a corporate officer signs for the Bidder/Contractor, a copy of a corporate resolution or other signature authorization shall be required for submission of bid. Failure to include a copy of the appropriate signature authorization, if required, may result in the rejection of the bid unless bidder has complied with LSA R.S. 38:2212(A)(1)(c) or R.S. 38:2212(O). When requested by Owner, evidence of the authority of the person signing shall be furnished. 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 or initialed by the Bidder. If initialed, Owner may require the Bidder to identify any alteration so initialed. B 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 11

12 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%). By completing the bid form, vendor is acknowledging any and all insurance requirements attached hereto this bid and has factored such costs into total bid price. B Electronic and Manual Submission of Bids. The Bidder is only required to submit the forms as stated in Section B BID FORM. Other documentation required shall be furnished by the low bidder at a later date, in accordance with the timetable in Section B-12 (Award of Contract) and B-13 (Execution of Agreement). Bidder shall assume full responsibility for timely delivery 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. All bids are due at the time and date specified in the Invitation to Bid, or the modified time and date indicated by subsequent Addendum. B Special Requirements for Manual Submission of Bids If bidder is submitting manually, the Bid Form and accompanying data in accordance with section B BID FORM shall be enclosed in a sealed opaque envelope or wrapping, addressed to: City of Kenner Purchasing Department 1801 Williams Blvd. 3 rd Floor Building C Kenner, Louisiana and identified on the outside with the Bidder's name and Louisiana Contractor's license number and with the words Kenner City Hall Building A-Landscape Enhancements the notation "BID ENCLOSED" on the face thereof. 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. B Modification and Withdrawal of Bid. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered at any time prior to the opening of bids. 12

13 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 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, and to reject nonconforming, nonresponsive, 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. In the event that a bid is awarded, a formal written notice of intent to award will be given to the lowest responsible bidder who bid according to bid specifications. The bidder to whom the bid is awarded shall within ten (10) days of the notice furnish to the Design Professional any other required documents, including but not limited to insurance certificates, affidavits, bonds, etc. Should Contractor receive a notice of disapproval and/or deficiency from Owner and/or Design Professional regarding any of these documents, Contractor will be given seventy-two (72) hours from the date of such notice to correct deficiency. In the event that Contractor fails or refuses to furnish the required certificates, bonds, etc., Owner reserves the right to disqualify said Contractor and award the bid to the next lowest responsive bidder who bid according to the bid specifications. The date on 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. Owner shall insert the date on bond forms, and power of attorney, and return copies to Design Professional for review and distribution. 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. 13

14 B-13 EXECUTION OF THE AGREEMENT. No less than seventeen (17) days after award, Design Professional shall furnish to Contractor four (4) copies of the executed Agreement and other Contract Documents bound therewith. The date of contract on the Agreement shall be left blank for filling in by Owner. 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-14 COPIES OF CONTRACT DOCUMENTS. Copies of the drawings and specifications for use in preparing Bids may be obtained from the Design Professional in accordance with the Invitation to Bid. Payment in cash or check, payable to the Design Professional in accordance with the Invitation to Bid, will be required for the documents on the following basis: One (1) complete set of plans and specifications..... $50.00 Deposits will be refunded in accordance with LSA- R.S. 38:2212 provided the documents do not contain any permanent markings and can be reused for Contract Documents. The Contractor to whom a contract is awarded will be furnished five (5) copies of the specifications and the drawings, together with all Addenda thereto for Contractors use in performing the work. B-15. 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-16. B-16. WORK SCHEDULING. Because of the nature of this contract, it may be necessary for the Contractor to respond to emergencies immediately upon notification. B-17. 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-18. 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. 14

15 B-19. PERFORMANCE AND PAYMENT BONDS. Upon contract execution, the successful Bidder will be required to furnish a Performance Bond guaranteeing faithful performance. The successful Bidder will also be required a Labor and Materials Payment Bond guaranteeing the payment of all bills and obligations arising from the performance of the contract. The amount of these bonds shall be the total contract amount. These bonds shall be written by a surety or insurance company currently on the U.S. Department of the 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 printing of the A.M. Best's Key Rating Guide to write individual bonds up to ten percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide or by an insurance company in good standing licensed to write bid bonds which is either domiciled in Louisiana or owned by Louisiana residents. Note to Vendor: Factor all costs associated with insurance requirements and bonds, if applicable, into final bid price. END OF SECTION 15

16 LOUISIANA UNIFORM PUBLIC WORK BID FORM TO: City Of Kenner Purchasing Depar4tment 1801 Williams Blvd., Building C, 3rd Floor Kenner, LA (Owner to provide name and address of owner) BID FOR: Kenner City Hall Building A Landscape Enhancements (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: Linfield, Hunter & Junius, Inc. and dated: July 15, (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: Dollars ($ ) Alternate No. 2 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of: Dollars ($ ) Alternate No. 3 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of: Dollars ($ ) NAME OF BIDDER: ADDRESS OF BIDDER: LOUISIANA CONTRACTOR S LICENSE NUMBER: NAME OF AUTHORIZED SIGNATORY OF BIDDER: TITLE OF AUTHORIZED SIGNATORY OF BIDDER: SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER **: DATE: * 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. ** If someone other than a corporate officer signs for the Bidder/Contractor, a copy of a corporate resolution or other signature authorization shall be required for submission of bid. Failure to include a copy of the appropriate signature authorization, if required, may result in the rejection of the bid unless bidder has complied with La. R.S. 38:2212(A)(1)(c) or RS 38:2212(O). BID SECURITY in the form of a bid bond, certified check or cashier s check as prescribed by LA RS 38:2218.A is attached to and made a part of this bid. 16

17 LOUISIANA UNIFORM PUBLIC WORK BID FORM UNIT PRICE FORM TO: City of Kenner Purchasing Department BID FOR: 1801 Williams Blvd., Bldg. C, 3rd Floor Kenner, Louisiana 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: Base Bid or Alt.# Mobilization REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 1 1 Lump Sum DESCRIPTION: Base Bid or Alt.# Temporary Signs and Barricades REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 2 1 Lump Sum DESCRIPTION: Base Bid Alt.# Clearing and Grubbing REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 3 1 Lump Sum DESCRIPTION: Base Bid or Alt.# Irrigation Zone REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 4 4 Each DESCRIPTION: Base Bid or Alt.# Live Oak REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 5 3 Each DESCRIPTION: Base Bid or Alt.# _ Espalier Little Gem Magnolia REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 6 4 Each DESCRIPTION: Base Bid or Alt.# Japanese Maple REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 7 1 Each DESCRIPTION: Base Bid or Alt.# Shi Shi Camellia REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 8 24 Each DESCRIPTION: Base Bid or Alt.# Fashion Azalea REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 9 9 Each DESCRIPTION: Base Bid or Alt.# Shore Juniper REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 10 8 Each 17

18 LOUISIANA UNIFORM PUBLIC WORK BID FORM UNIT PRICE FORM TO: City of Kenner Purchasing Department BID FOR: 1801 Williams Blvd., Bldg. C, 3rd Floor Kenner, Louisiana 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: Base Bid or Alt.# Pink Muhly Grass REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) Each DESCRIPTION: Base Bid or Alt.# Asian Jasmine REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) Each DESCRIPTION: Base Bid or Alt.# Steel Landscape Edge REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) Linear Foot DESCRIPTION: Base Bid or Alt.# Class A St Augustine Sod REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) Square Yard DESCRIPTION: Base Bid or Alt.# Pine Bark Mulch REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) Square Yard DESCRIPTION: Base Bid or Alt.# Concrete Work REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 16 1 Lump Sum DESCRIPTION: Base Bid or Alt.# Uplight Fixture REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 17 6 Each DESCRIPTION: Base Bid or Alt.# Linear Light Fixture REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 18 2 Each DESCRIPTION: Base Bid or Alt.# NOT USED REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 19 DESCRIPTION: Base Bid or Alt.# NOT USED REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 20 18

19 BID BOND 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 the day of, 20 for Kenner City Hall Building A-Landscape Enhancements. 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 therefore 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, 20, and these presents signed by its undersigned representative, pursuant to authority of its governing body. WITNESSES: BY: (Principal) TITLE: (Surety) BY: (Attorney-in-fact) (Address) 19

20 NON-COLLUSION AFFIDAVIT STATE OF LOUISIANA PARISH OF JEFFERSON BEFORE ME, the undersigned authority, personally came and appeared, (Name) who after being by me duly sworn and deposed said that he is the fully authorized (Title) of (hereinafter referred to as bidder), the party who (Name of Bidder) submitted a bid for Kenner City Hall Building A-Landscape Enhancements was received by City of Kenner on Wednesday, November 18, 2015 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 BEFORE ME THIS DAY OF (Authorized Signature) NOTARY PUBLIC

21 CORPORATE RESOLUTION EXCERPT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF AT THE MEETING OF DIRECTORS OF, DULY NOTICED AND 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. SECRETARY DATE 21

22 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 to in these Contract Documents as "Contractor": 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 Kenner City Hall Building A Landscape Enhancements/ 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 Public Works Department 1801 Williams Blvd. Kenner, Louisiana 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 covered by Owner's official award of this contract to Contractor, such award being based on the acceptance by Owner of Contractor's Bid. 22

23 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 90 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 $ 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 $0-$499, % $500,000 or greater 5% 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. 23

24 Addenda numbers: 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 7 sheets. Sheet titles are listed on sheet 1 of the Drawings. In addition, each sheet bears the following general title: Kenner City Hall Building A-Landscape Enhancements. Any Notice of Partial Utilization. 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. 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 XI. FEDERAL CLAUSES CONTRACTOR agrees to the following miscellaneous terms and provisions for all federally funded and reimbursable contracts: A) CONTRACTOR shall comply with Executive Order of September 24, 1965, entitled, 24

25 Equal Employment Opportunity, as amended by Executive Order of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR Chapter 60). B) CONTRACTOR shall comply with the Copeland Anti-Kickback Act of (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3). C) CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by Department of Labor Regulations (29 CFR Part 5). D) CONTRACTOR shall comply with all notices of awarding agency requirements and regulations pertaining to reporting. E) CONTRACTOR shall comply with all notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such Contract. F) CONTRACTOR shall comply with all awarding agency requirements and regulations pertaining to copyrights and rights in data. G) CONTRACTOR shall provide access by the State of Louisiana, City of Kenner, United States of America, FEMA, the Controller General of the United States, or any of their duly authorized representatives, to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this specific Contract for the purpose of making audit, examination or excepts, and transcriptions. H) CONTRACTOR shall retain all required records for a period of at least three years after the State of Louisiana or City of Kenner has made final payments and all other pending matters are closed. I) CONTRACTOR shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency Regulations (40 CFR Part 15). J) CONTRACTOR shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law , 89 STAT 871). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first hereinabove written. WITNESSES: By: Title: City of Kenner Approved As to Form City Attorney s Office: By: Title: Mayor 25

26 HOLD HARMLESS AGREEMENT If (hereafter CONTRACTOR ) is the successful bidder for Kenner City Hall Building A-Landscape Enhancements, 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 Linfield, Hunter & Junius, 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: Signature: Title: Date Accepted: 26