Multimedia Center Renovation-W W Stewart Hall Mandatory PreBid Conf&Site Visit, 5% Security Bond, Perform&Pymt Bond

Project Manual Architects Project Number: 22-022 PROJECT MULTI-MEDIA CENTER RENOVATION AT: SOUTHERN UNIVERSITY Baton Rouge, Louisiana ARCHITECT M3A Architecture, PLLC/ William L. McElroy AIA, NCARB 4880 McWillie Circle Jackson, MS 39206 601-981-1227 voice 601-983-4444 facsimile MEP ENGINEERS Thompson Luke and Associates, LLC 10705 Rieger Road Baton Rouge, LA 70809 225-293-9474 voice FEBRUARY 05, 2024 CONSTRUCTION DOCUMENTS SET 1 Division 00 – Procurement and Contracting Requirements 00010 – Table of Contents M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana SECTION 00010 - TABLE OF CONTENTS Division 0 – Procurement and Contracting Requirements 00001 – Project Title Page 00010 – Table of Contents 00100 – Invitation to Bid 00200 – Instructions to Bidders 00210 – Supplementary Instructions to Bidders 00400 – Proposal Form 00500 – Agreement Form 00600 – Bond Forms 00700 – General Conditions

00800 – Supplementary Conditions 00900 – Insurance Requirements Division 01 – General Requirements 01015 – Project Start Work Date 01020 – Allowances 01023 – Project Start Up 01100 – Summary of Work 01200 – Price and Payment Procedures 01300 – Administrative Requirements 01325 – Construction Progress Schedule 01400 – Quality Requirements 01405 – Cutting and Patching 01410 – Testing Laboratory Services (Architectural) 01500 – Temporary Facilities and Controls 01510 – Temporary Utilities 01550 – Vehicular Access and Parking 01565 – Security Measures 01575 – Temporary Erosion and Sedimentation Control 01585 – Project Signs 01600 – Product Requirements 01700 – Execution Requirements 01710 – Cleaning 2 Division 00 – Procurement and Contracting Requirements 00010 – Table of Contents M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana 01720 – Project Record Documents 01780 – Closeout Submittals 01800 – Project Closeout 01820 – Demonstration and Training Division 02 – Site Work 02225 – Selective Demolition Division 04 – Masonry 04050 – Basic Masonry Materials and Methods 04065 – Mortar and Masonry Grout 04810 – Unit Masonry Assemblies 04930 – Masonry Cleaning Division 05 – Metals 05050 – Basic Metal Materials and Methods 05051 – Shop Applied Coatings for Metal 05052 – Metal Fastenings 05501 – Miscellaneous Metal Fabrications Division 06 – Wood and Plastics 06050 – Basic Wood and Plastic Materials and Methods 06066 – Plastic Laminate Clad Countertops 06100 – Rough Carpentry 06160 – Exterior Sheathing 06200 – Finish Carpentry 06400 – Millwork Division 07 – Thermal and Moisture Protection 07050 – Basic Thermal and Moisture Protection 07210 – Batt Insulation 07261 – Vapor Retarders for Existing Slabs 07910 – Joint Sealers Division 08 – Doors and Windows 08050 – Basic Door and Window Materials and Methods 08120 – Hollow Metal Frames 08210 – Wood Doors 08310 – Access Doors and Panels 08510 – Aluminum Storefronts 3 Division 00 – Procurement and Contracting Requirements 00010 – Table of Contents M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana 08710 – Finish Hardware Division 09 – Finishes 09110 – Non-Load Bearing Metal Framing 09260 – Gypsum Board Assemblies 09510 – Suspended Acoustical Tile Ceiling 09650 – Resilient Tile Flooring 09654 – Rubber Base and Accessories 09840 – Acoustical Ceiling and Wall Panels (Cementitious Wood) 09900 – Paints and Coatings Division 10 – Specialties 10430 – Exterior Signage 10440 – Interior Signage Division 22 - Plumbing Division 23 - Heating, Ventilating, And Air Conditioning (HVAC) Division 26 - Electrical Division 28 Electronic Safety And Security END OF SECTION 00010 ADVERTISEMENT FOR BIDS Sealed bids will be received for the State of Louisiana by the Division of Administration and shall be directed to the Office of Facility Planning and Control, 1201 North Third Street, Claiborne Office Building, Suite 7-160, Baton Rouge, Louisiana, 70802 or P.O. Box 94095, Baton Rouge, Louisiana, 70804-9095. The deadline for receipt of bids is 2:00 PM on _________________________, 20_24_, at which time bids will be opened and read aloud in a public meeting in the Claiborne Office Building, Conference Room 1-145. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING. FOR: Southern University Baton Rouge Multi-Media Center Renovation PROJECT NUMBER: 22-022 USE ONE OF THE FOLLOWING PARAGRAPHS Complete Bid Documents for this project are available in electronic form. They may be obtained without charge and without deposit from m3aarchplans.com. Printed copies are not available from the Designer, but arrangements can be made to obtain them through most reprographic firms. Plan holders are responsible for their own reproduction costs. Questions about this procedure shall be directed to the Designer at: Mc3lroy Architecture, PLLC 4880 McWillie Circle 601-981-1227 yburks@m3aarch.com All bids shall be accompanied by bid security in an amount of five percent (5.0%) of the sum of the base bid and all alternates. The form of this security shall be as stated in the Instructions to Bidders included in the Bid Documents for this project. The successful Bidder shall be required to furnish a Performance and Payment Bond written as described in the Instructions to Bidders included in the Bid Documents for this project. A PRE-BID CONFERENCE WILL BE HELD at 1:00 pm on March 05, 2024, at Southern University Baton Rouge, Title III Conference Room-TH Harris Hall 1036 Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2192 for the classification of _________________. Bidder is required to comply with provisions and requirements of LA R.S. 38:2212(B)(5). No bid may be withdrawn for a period of forty-five (45) days after receipt of bids, except under the provisions of LA. R.S. 38:2214. The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(B)(1), the provisions and requirements of this Section; and those stated in the bidding documents shall not be waived by any entity. When this project is financed either partially or entirely with State Bonds or financed in whole or in part by federal or other funds which are not readily available at the time bids are received, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the Bond Commission or the availability of federal or other funds. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed. Facility Planning and Control is a participant in the Small Entrepreneurship (SE) Program (the Hudson Initiative) and the Veteran- Owned and Service-Connected Disabled Veteran-Owned (LaVet) Small Entrepreneurships Program. Bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at https://www.doa.la.gov/doa/fpc/. STATE OF LOUISIANA DIVISION OF ADMINISTRATION FACILITY PLANNING AND CONTROL ROGER E. HUSSER, JR., DIRECTOR APRIL 2023 https://www.doa.la.gov/doa/fpc/ July 2021 IB -1 INSTRUCTIONS TO BIDDERS COMPLETION TIME: The Bidder shall agree to fully complete the contract within ( 90 ) consecutive calendar days, subject to such extensions as may be granted under Paragraph 8.3, in the General Conditions and the Supplementary Conditions, and acknowledges that this construction time will start on or before the date specified in the written “Notice to Proceed” from the Owner. LIQUIDATED DAMAGES: The Bidder shall agree to pay as Liquidated Damages the amount of (One Thousand) Dollars ($ 1,000.00 ) for each consecutive calendar day for which the work is not complete, beginning with the first day beyond the contract completion date stated on the “Notice to Proceed” or as amended by change order. ARTICLE 1 DEFINITIONS 1.1 The Bid Documents include the following: Advertisement for Bids Instructions to Bidders Bid Form Bid Bond General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition Supplementary Conditions Contract Between Owner and Contractor and Performance and Payment Bond Affidavit User Agency Documents (if applicable) Change Order Form Partial Occupancy Form Recommendation of Acceptance Asbestos Abatement (if applicable) Other Documents (if applicable) Specifications & Drawings Addenda issued during the bid period and acknowledged in the Bid Form 1.2 All definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201 and the Supplementary Conditions are applicable to the Bid Documents. 1.3 Addenda are written and/or graphic instruments issued by the Architect prior to the opening of bids, which modify or interpret the Bid Documents by additions, deletions, clarifications, corrections and prior approvals. 1.4 A bid is a complete and properly signed proposal to do the work or designated portion thereof for the sums stipulated therein supported by data called for by the Bid Documents. 1.5 Base bid is the sum stated in the bid for which the Bidder offers to perform the work described as the base, to which work may be added, or deleted for sums stated in alternate bids. 1.6 An alternate bid (or alternate) is an amount stated in the bid to be added to the amount of the base bid if the corresponding change in project scope or materials or methods of construction described in the Bid Documents is accepted. 1.7 A Bidder is one who submits a bid for a prime Contract with the Owner for the work described in the Bid Documents. 1.8 A Sub-bidder is one who submits a bid to a Bidder for materials and/or labor for a portion of the work. 1.9 Where the word "Architect" is used in any of the documents, it shall refer to the Prime Designer of the project, regardless of discipline. ARTICLE 2 PRE-BID CONFERENCE 2.1 A Pre-Bid Conference shall be held at least 10 days before the date for receipt for bids. The Architect shall coordinate the setting of the date, time and place for the Pre-Bid Conference with the User Agency and shall notify in writing the Owner and all who have received sets of the Bid Documents to July 2021 IB -2 attend. The purpose of the Pre-Bid Conference is to familiarize Bidders with the requirements of the Project and the intent of the Bid Documents, and to receive comments and information from interested Bidders. If the Pre-Bid Conference is stated in the Advertisement for Bids to be a Mandatory Pre-Bid Conference, bids shall be accepted only from those bidders who attend the Pre-Bid Conference. Contractors who are not in attendance for the entire Pre-Bid Conference will be considered to have not attended. 2.2 Any revision of the Bid Documents made as a result of the Pre-Bid Conference shall not be valid unless included in an addendum. ARTICLE 3 BIDDER'S REPRESENTATION 3.1 Each Bidder by making his bid represents that: 3.1.1 He has read and understands the Bid Documents and his bid is made in accordance therewith. 3.1.2 He has visited the site and has familiarized himself with the local conditions under which the work is to be performed. 3.1.3 His bid is based solely upon the materials, systems and equipment described in the Bid Documents as advertised and as modified by addenda. 3.1.4 His bid is not based on any verbal instructions contrary to the Bid Documents and addenda. 3.1.5 He is familiar with Code of Governmental Ethics requirement that prohibits public servants and/or their immediate family members from bidding on or entering into contracts; he is aware that the Designer and its principal owners are considered Public Servants under the Code of Governmental Ethics for the limited purposes and scope of the Design Contract with the State on this Project (see Ethics Board Advisory Opinion, No. 2009-378 and 2010-128); and neither he nor any principal of the Bidder with a controlling interest therein has an immediate family relationship with the Designer or any principal within the Designer’s firm (see La. R.S. 42:1113). Any Bidder submitting a bid in violation of this clause shall be disqualified and any contract entered into in violation of this clause shall be null and void. 3.2 The Bidder must be fully qualified under any State or local licensing law for Contractors in effect at the time and at the location of the work before submitting his bid. In the State of Louisiana, Revised Statutes 37:2150, et seq. will be considered, if applicable. The Contractor shall be responsible for determining that all of his Sub-bidders or prospective Subcontractors are duly licensed in accordance with law. ARTICLE 4 BID DOCUMENTS 4.1 Copies 4.1.1 Bid Documents may be obtained from the Architect for a deposit as stated in the Advertisement for Bids. The deposit will be refunded as stated in the Advertisement for Bids. No deposits will be refunded on Bid Documents returned later than ten days after receipt of bids. 4.1.1.2 As an alternative method of distribution, the Designer may provide the Bid Documents in electronic format. They may be obtained without charge and without deposit as stated in the Advertisement for Bids. 4.1.1.2.1 If electronic distribution is available, printed copies will not be available from the Designer, but arrangements can be made to obtain them through most reprographic firms and/or plan rooms. 4.1.1.2.2 If electronic distribution is available, the reproduction cost on the first paper plan set acquired by bona fide prime bidders will be fully refunded by the Designer upon delivery of the documents to the Designer in good condition no later than ten days after receipt of bids. 4.1.1.2.3 If electronic distribution is available, all other plan holders are responsible for their own reproduction costs. July 2021 IB -3 4.1.2 Complete sets of Bid Documents shall be used in preparing bids; neither the Owner nor the Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 4.1.3 The Owner or Architect in making copies of the Bid Documents available on the above terms, do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 4.2 Interpretation or Correction of Bid Documents 4.2.1 Bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may discover upon examination of the Bid Documents or of the site and local conditions. 4.2.2 Bidders requiring clarification or interpretation of the Bid Documents shall make a written request to the Architect, to reach him at least seven days prior to the date for receipt of bids. 4.2.3 Any interpretation, correction or change of the Bid Documents will be made by addendum. Interpretations, corrections or changes of the Bid Documents made in any other manner will not be binding and Bidders shall not rely upon such interpretations, corrections and changes. 4.3 Substitutions 4.3.1 The materials, products and equipment described in the Bid Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitutions shall be allowed after bids are received. 4.3.2 No substitution will be considered unless written request for approval has been submitted by the Proposer and has been received by the Architect at least seven (7) working days prior to the opening of bids. (La. R.S. 38:2295(C)) Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including model numbers, drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. It shall be the responsibility of the proposer to include in his proposal all changes required of the Bid Documents if the proposed product is used. Prior approval, if given, is contingent upon supplier being responsible for any costs which may be necessary to modify the space or facilities needed to accommodate the materials and equipment approved. 4.3.3 If the Architect approves any proposed substitution, such approval shall be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner. 4.4 Addenda 4.4.1 Addenda will be transmitted to all who are known by the Architect to have received a complete set of Bid Documents. 4.4.2 Copies of addenda will be made available for inspection wherever Bid Documents are on file for that purpose. 4.4.3 Except as described herein, addenda shall not be issued within a period of seventy-two (72) hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays. If the necessity arises of issuing an addendum modifying plans and specifications within the seventy-two (72) hour period prior to the advertised time for the opening of bids, then the opening of bids shall be extended at least seven but no more than twenty-one (21) working days, without the requirement of re-advertising. Facility Planning shall be consulted prior to issuance of such an addendum and shall approve such issuance. The revised time and date for the opening of bids shall be stated in the addendum. 4.4.4 Each Bidder shall ascertain from the Architect prior to submitting his bid that he has received all addenda issued, and he shall acknowledge their receipt on the Bid Form. 4.4.5 The Owner shall have the right to extend the bid date by up to (30) thirty days without the requirement of re-advertising. Any such extension shall be made by addendum issued by the Architect. ARTICLE 5 BID PROCEDURE July 2021 IB -4 5.1 Form and Style of Bids 5.1.1 Bids shall be submitted on the Louisiana Uniform Public Work Bid Form provided by the Architect for this project. 5.1.2 The Bidder shall ensure that all applicable blanks on the bid form are completely and accurately filled in. 5.1.3 Bid sums shall be expressed in both words and figures, and in case of discrepancy between the two, the written words shall govern. 5.1.4 Any interlineation, alteration or erasure must be initialed by the signer of the bid or his authorized representative. 5.1.5 Bidders are cautioned to complete all alternates should such be required in the Bid Form. Failure to submit alternate prices will render the bid non responsive and shall cause its rejection. 5.1.6 Bidders are cautioned to complete all unit prices should such be required in the Bid Form. Unit prices represent a price proposal to do a specified quantity and quality of work. Unit prices are incorporated into the base bid or alternates, as indicated on the Unit Price Form, but are not the sole components thereof. 5.1.7 Bidder shall make no additional stipulations on the Bid Form nor qualify his bid in any other manner. 5.1.8 Written evidence of the authority of the person signing the bid for the public work shall be submitted in accordance with La. R.S. 38:2212 (B)(5). 5.1.9 On any bid in excess of fifty thousand dollars ($50,000.00), the Contractor shall certify that he is licensed under La. R.S. 37: 2150-2173 and show his license number on the bid above his signature or his duly authorized representative. 5.2 Bid Security 5.2.1 No bid shall be considered or accepted unless the bid is accompanied by bid security in an amount of five percent (5.0%) of the base bid and all alternates. The bid security shall be in the form of a certified check or cashier's check drawn on a bank insured by the Federal Deposit Insurance Corporation, or a Bid Bond written by a surety company licensed to do business in Louisiana and signed by the surety's agent or attorney-in-fact. The Bid Bond shall be written on the Facility Planning and Control Bid Bond Form, and the surety for the bond must meet the qualifications stated thereon. The Bid Bond shall include the legal name of the bidder be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. The Bid Bond must be signed by both the bidder/principal and the surety in the space provided on the Facility Planning and Control Bid Bond Form. Failure by the bidder/principal or the surety to sign the bid bond shall result in the rejection of the bid. Bid security furnished by the Contractor shall guarantee that the Contractor will, if awarded the work according to the terms of his proposal, enter into the Contract and furnish Performance and Payment Bonds as required by these Bid Documents, within fifteen (15) days after written notice that the instrument is ready for his signature. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as penalty. 5.2.2 The Owner will have the right to retain the bid security of Bidders until either (a) the Contract has been executed and bonds have been furnished, or (b) the specified time has elapsed so that bids may be withdrawn, or (c) all bids have been rejected. 5.3 Submission of Bids 5.3.1 The Bid shall be sealed in an opaque envelope. The bid envelope shall be identified on the outside with the name of the project, and the name, address, and license number of the Bidder. The envelope shall not contain multiple bid forms, and will be received until the time specified and at the place specified in the Advertisement for Bids. It shall be the specific responsibility of the Bidder to deliver his sealed bid to Facility Planning and Control Department at the appointed place and prior to the announced time for the opening of bids. Late delivery of a bid for any reason, including late July 2021 IB -5 delivery by United States Mail, or express delivery, shall disqualify the bid. 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. Such bids shall be sent by Registered or Certified Mail, Return Receipt Requested, addressed to: Facility Planning and Control, P. 0. Box 94095 Baton Rouge, Louisiana, 70804-9095. Bids sent by express delivery shall be delivered to: Facility Planning and Control Suite 7-160 Claiborne Office Building 1201 North Third Street Baton Rouge, Louisiana 70802 5.3.2 Bids shall be deposited at the designated location prior to the time on the date for receipt of bids indicated in the Advertisement for Bids, or any extension thereof made by addendum. Bids received after the time and date for receipt of bids will be returned unopened. 5.3.3 Bidder shall assume full responsibility for timely delivery at location designated for receipt of bids. 5.3.4 Oral, telephonic or telegraphic bids are invalid and shall not receive consideration. Owner shall not consider notations written on outside of bid envelope which have the effect of amending the bid. Written modifications enclosed in the bid envelope, and signed or initialed by the Contractor or his representative, shall be accepted. 5.4 Modification or Withdrawal of Bid 5.4.1 A bid may not be modified, withdrawn or canceled by the Bidder during the time stipulated in the Advertisement for Bids, for the period following the time and bid date designated for the receipt of bids, and Bidder so agrees in submitting his bid, except in accordance with R.S. 38:2214 which states, in part, "Bids containing patently obvious, unintentional, and substantial mechanical, clerical, or mathematical errors, or errors of unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the bid, may be withdrawn by the contractor if clear and convincing sworn, written evidence of such errors is furnished to the public entity within forty- eight hours of the bid opening excluding Saturdays, Sundays, and legal holidays". 5.4.2 Prior to the time and date designated for receipt of bids, bids submitted early may be modified or withdrawn only by notice to the party receiving bids at the place and prior to the time designated for receipt of bids. 5.4.3 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders. 5.4.4 Bid Security shall be in an amount sufficient for the bid as modified or resubmitted. 5.5 Prohibition of Discriminatory Boycotts of Israel By submitting a bid, the bidder certifies and agrees that the following information is correct: In preparing its bid, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israel-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. The bidder has also not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The state reserves the right to reject any bid if this certification is subsequently determined to be false and to terminate any contract awarded based on such a false response. ARTICLE 6 CONSIDERATION OF BIDS 6.1 Opening of Bids 6.1.1 The properly identified Bids received on time will be opened publicly and will be read aloud, and a tabulation abstract of the amounts of the base bids and alternates, if any, will be made available to Bidders. July 2021 IB -6 6.2 Rejection of Bids 6.2.1 The Owner shall have the right to reject any or all bids and in particular to reject a bid not accompanied by any required bid security or data required by the Bid Documents or a bid in any way incomplete or irregular. 6.3 Acceptance of Bid 6.3.1 It is the intent of the Owner, if he accepts any alternates, to accept them in the order in which they are listed in the Bid Form. Determination of the Low Bidder shall be on the basis of the sum of the base bid and the alternates accepted. However, the Owner shall reserve the right to accept alternates in any order which does not affect determination of the Low Bidder. ARTICLE 7 POST-BID INFORMATION 7.1 Submissions 7.1.1 At the Pre-Construction Conference, the Contractor shall submit the following information to the Architect. 7.1.1.1 A designation of the work to be performed by the Contractor with his own forces. 7.1.1.2 A breakdown of the Contract cost attributable to each item listed in the Schedule of Values Form (attached). No payments will be made to the Contractor until this is received. 7.1.1.3 The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work. 7.1.1.4 A list of names and business domiciles of all Subcontractors, manufacturers, suppliers or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the work. It is the preference of the Owner that, to the greatest extent possible or practical, the Contractor utilize Louisiana Subcontractors, manufacturers, suppliers and labor. 7.1.2 The General Contractor shall be responsible for actions or inactions of Subcontractors and/or material suppliers. The General Contractor is totally responsible for any lost time or extra expense incurred due to a Subcontractor's or Material Supplier's failure to perform. Failure to perform includes, but is not limited to, a Subcontractor's financial failure, abandonment of the project, failure to make prompt delivery, or failure to do work up to standard. Under no circumstances shall the Owner mitigate the General Contractor's losses or reimburse the General Contractor for losses caused by these events. 7.1.3 The lowest responsive and responsible bidder shall submit to the Architect and the Owner within ten days after the bid opening a letter/letters from the manufacturer stating that the manufacturer will issue the roof system guarantee complying with the requirements of Facility Planning and Control based on the specified roof system and include the name of the applicator acceptable to the manufacturer at the highest level of certification for installing the specified roof system. This manufacturer shall be one that has received prior approval or is named in the specifications. In accordance with La. R.S. 38:2227 [references La R.S. 38:2212(A)(3)(c)(ii), which has since been renumbered as La R.S. 38:2212(B)(3)], La. R.S. 38:2212.10 and La. R.S. 23:1726(B) the apparent low bidder on this project shall submit the completed Attestations Affidavit (Past Criminal Convictions of Bidders, Verification of Employees and Certification Regarding Unpaid Workers Compensation Insurance) form found within this bid package to Facility Planning and Control within 10 days after the opening of bids. ARTICLE 8 PERFORMANCE AND PAYMENT BOND 8.1 Bond Required 8.1.1 The Contractor shall furnish and pay for a Performance and Payment Bond written by a company licensed to do business in Louisiana, which shall be signed by the surety's agent or attorney-in-fact, in an amount equal to 100% of the Contract amount. Surety must be listed currently on July 2021 IB -7 the U. S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A. M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A. M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact. The Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control. 8.2 Time of Delivery and Form of Bond 8.2.1 The Bidder shall deliver the required bond to the Owner simultaneous with the execution of the Contract. 8.2.2 Bond shall be in the form furnished by Facility Planning and Control, entitled CONTRACT BETWEEN OWNER AND CONTRACTOR AND PERFORMANCE AND PAYMENT BOND, a copy of which is included in the Bid Documents. 8.2.3 The Bidder shall require the Attorney-in-Fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of his power of Attorney. ARTICLE 9 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 9.1 Form to be Used 9.1.1 Form of the Contract to be used shall be furnished by Facility Planning and Control, an example of which is bound in the Bid Documents. 9.2 Award 9.2.1 After award of the Contract, the successful Bidder, if a corporation, shall furnish to the Owner the most current copy of a Disclosure of Ownership Affidavit on file with the Secretary of State. 9.2.2 In accordance with Louisiana Law, when the Contract is awarded, the successful Bidder shall, at the time of the signing of the Contract, execute the Non-Collusion Affidavit included in the Contract Documents 9.2.3 When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is duly executed. 1 Division 00 –Procurement and Contracting Requirements 00210 – Supplementary Instructions to Bidders M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana SECTION 00210 – SUPPLEMENTARY INSTRUCTION TO BIDDERS PART 1 – GENERAL 1.01 SECTION INCLUDES A. Identification of Project Supplementary Instructions To Bidders. B. General Provisions. C. Supplements. 1.02 IDENTIFICATION A. The "Supplements" included hereinafter modify the Section 00200 Instructions to Bidder. 1.03 GENERAL REVISIONS A. Where a portion of the Instructions To Bidders is modified by these Supplementary Instructions To Bidders, the unaltered portions shall remain in effect. END OF SECTION 00210 2 Division 00 –Procurement and Contracting Requirements 00210 – Supplementary Instructions to Bidders M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana LOUISIANA UNIFORM PUBLIC WORK BID FORM TO: Southern University and A&M College 801 Harding Blvd Baton Rouge, LA 70807 (Owner to provide name and address of owner) BID FOR: Southern University Multi-Media Center Renovation Project (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: MC3LROY ARCHITECTURE, PLLC/WILLIAM L.MCELROY, AIA, NCARB and dated: March 25, 2024 (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 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. LOUISIANA UNIFORM PUBLIC WORK BID FORM UNIT PRICE FORM TO: Southern University and A&M College BID FOR: Southern University Multi-Media Center Renovation 801 Harding Blvd. Project Baton Rouge, LA 70807 (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: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) DESCRIPTION: ❑ Base Bid or ❑ Alt.# ___ REF. NO. QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price) 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. April 2023 C 1 FOR INFORMATION ONLY This document will be prepared by Facility Planning & Control in the form appropriate for the project. STATE OF LOUISIANA PARISH OF «EAST BATON ROUGE» CONTRACT BETWEEN OWNER AND CONTRACTOR AND PERFORMANCE AND PAYMENT BOND This agreement entered into this day of , 2024, by «Contractor» hereinafter called the "Contractor", whose business address is «Contractor_Address», «Contractor_City», «Contractor_State» «Contractor_Zip», and the State of Louisiana Division of Administration, herein represented by the contracting officer executing this contract, hereinafter called the "Owner". Witnesseth that the Contractor and the Owner, in consideration of premises and the mutual covenants; consideration and agreement herein contained, agree as follows: Statement of Work: The contractor shall furnish all labor and materials and perform all of the work required to build, construct and complete in a thorough and workmanlike manner: «Project_Reference_1» «Project_Reference_2» «Project_Reference_3» «Project_City», Louisiana Project No.: «ProjectNo», «Part_No»«WBS»; «Supplement_Project_No», Part «Supplement_Part_No» («Supplement_WBS»)(Supplement) State ID No.: «StateID» Site Code: «SiteCode» in strict accordance with Contract Documents prepared by: «Designer» «Designer_Address» «Designer_City», «Designer_State» «Designer_Zip» It is recognized by the parties herein that said Contract Documents including by way of example and not of limitation, the Drawings and Specifications dated «Drawings_and_Specs_Date», Addenda number(s) «Addenda_No», the Instruction to Bidders, Bid Form, General Conditions, Supplementary Conditions, any Addenda thereto, impose duties and obligations upon the parties herein, and said parties thereby agree that they shall be bound by said duties and obligations. For these purposes, all of the provisions contained in the aforementioned Construction Documents are incorporated herein by reference with the same force and effect as though said Construction Documents were herein set out in full. Time for Completion: The work shall be commenced on a date to be specified in a written order of the Owner and shall be completed within 90 consecutive calendar days from and after the said date. Liquidated Damages: Contractor shall be assessed Liquidated Damages in the amount of $1,000 per day for each consecutive calendar day which work is not complete beginning with the first day beyond the completion time. Compensation to be paid to the Contractor: The Owner will pay and the Contractor will accept in full consideration for the performance of the contract the sum of «Contract_Amount_Words» and No/100 Dollars («Contract_Amount_Numeral») which sum represents the «Base_Bid_Only_or_Plus_Alternates» Taxes: Contractor hereby agrees that the responsibility for payment of taxes from the funds thus received under this Contract and/or legislative appropriation shall be contractor's obligation and identified under Federal tax identification number . Performance and Payment Bond: To these presents personally came and intervened , herein acting for , a corporation organized and existing under the laws of the State of , and duly authorized to transact business in the State of Louisiana, as surety, who declared that having taken cognizance of this contract and of the Construction Documents mentioned herein, he hereby in his capacity as its Attorney in Fact obligates his said company, as Surety for the said Contractor, unto the said Owner, up to the sum of «Contract_Amount_Words» and No/100 Dollars («Contract_Amount_Numeral»). By issuance of this bond, the surety acknowledges they are in compliance with R.S. 38:2219. The condition of this performance and payment bond shall be that should the Contractor herein not perform the contract in accordance with the terms and conditions hereof, or should said Contractor not fully indemnify and save harmless the Owner, from all cost and damages which he may suffer by said Contractor's non-performance or should said Contractor not pay all persons who have and fulfill obligations to perform labor and/or furnish materials in the prosecution of the work provided for herein, including by way of example workmen, laborers, mechanics, and furnishers of materials, machinery, equipment and fixtures, then said Surety agrees and is bound to so perform the contract and make said payment(s). Provided, that any alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the Owner of any extensions of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Contractor to the other shall not in any way release the Contractor or the Surety from their liability hereunder, notice to the Surety of any such alterations, extensions or other forbearance being hereby waived. Contractor acknowledges and agrees to comply with the provisions of La. R.S. 38:2212.10 and federal law pertaining to E-Verify in the performance of services under this Contract. April 2023 C 2 It is hereby agreed that the Legislative Auditor of the State of Louisiana and/or the Office of the Governor, Division of Administration auditors shall have the option of auditing all accounts of contractor which relate to this contract. The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. The contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, disability, or age in any matter relating to employment. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract. In accordance with R.S. 39:1602.1, effective May 22, 2018, for any contract for $100,000 or more and for any contractor with five or more employees, Contractor, or any Subcontractor, shall certify it is not engaging in a boycott of Israel, and shall, for the duration of this contract, refrain from a boycott of Israel. The State reserves the right to terminate this contract if the Contractor, or any Subcontractor, engages in a boycott of Israel during the term of the contract. Contractor has a continuing obligation to disclose any suspensions or debarment by any government entity, including but not limited to General Services Administration (GSA). Failure to disclosed may constitute grounds for suspension and/or termination of the Contract and debarment from future Contracts. Contractor, and each tier of Subcontractors, shall certify that it is not on the List of Parties Excluded from Federal Procurement or Nonprocurement Programs promulgated in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. In Witness whereof, the parties hereto on the day and year first above written have executed this agreement in six (6) counterparts, each of which shall, without proof or accountancy for the other counterparts, be deemed an original thereof. THUS DONE AND SIGNED at Baton Rouge, Louisiana, on the day, month, and year first written above. WITNESSES: STATE OF LOUISIANA DIVISION OF ADMINISTRATION BY: FP&C Witness #1 Sign Here ROGER E. HUSSER, JR., FP&C DIRECTOR FP&C Witness #2 Sign Here BY: Contractor Witness #1 Sign Here «CONTRACTOR» Contractor Witness #2 Sign Here SURETY: BY: Surety Witness #1 Sign Here ATTORNEY IN FACT Surety Witness #2 Sign Here ADDRESS TELEPHONE NUMBER April 2023 C 3 STATE OF LOUISIANA PARISH OF «PARISH_OF_CONTRACTOR» PROJECT NO.:«ProjectNo», «Part_No»«WBS»; «Supplement_Project_No», Part «Supplement_Part_No» («Supplement_WBS»)(Supplement) NAME: «Project_Reference_1» «Project_Reference_2» «Project_Reference_3» LOCATION: «Project_City» NON-COLLUSION AFFIDAVIT Before me, the undersigned authority, duly commissioned and qualified within and for the State and Parish aforesaid, personally came and appeared representing «Contractor» who, being by me first duly sworn deposed and said that he has read this affidavit and does hereby agree under oath to comply with all provisions herein as follows: PART I. Section 2224 of Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes, as amended. (1) That affiant 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 affiant whose services in connection with the construction, alteration or demolition of the public building or project or in securing the public contract were in the regular course of their duties for affiant; and (2) That no part of the Contract price received by affiant 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 affiant whose services in connection with the construction, alteration or demolition of the public building or project were in the regular course of their duties for affiant. PART II. Section 2190 of Part I of Chapter 10 of Title 38 of the Louisiana Revised Statutes, as amended. That affiant, if an architect or engineer, or representative thereof, does not own a substantial financial interest, either directly or indirectly, in any corporation, firm, partnership, or other organization which supplies materials for the construction of a public work when the architect or engineer has performed architectural or engineering services, either directly or indirectly, in connection with the public work for which the materials are being supplied. For the purposes of this Section, a "substantial financial interest" shall exclude any interest in stock being traded on the American Stock Exchange or the New York Stock Exchange. That affiant, if subject to the provisions of this section, does hereby agree to be subject to the penalties involved for the violation of this section. AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2024. NOTARY 1 Division 00 – Procurement and Contracting Requirements 00700 – General Conditions M3A Architecture, PLLC Multi-Media Center Renovation for: William L. McElroy, AIA, NCARB Southern University Copyright 2024© Baton Rouge, Louisiana SECTION 00700 - GENERAL CONDITIONS PART 1 – GENERAL 1.01 SECTION INCLUDES A. Identification of Project General Conditions B. Provisions for Document Modifications C. Definition of Contractor’s Responsibility D. Related Requirements 1.02 IDENTIFICATION A. The Project General Conditions shall be the standard document of the American Institute of Architects known as “AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2007 EDITION.” B. The AIA Document A201 is hereby incorporated by reference as though fully written herein and attached a draft copy attached hereto. C. A copy of the Project General Conditions is on file at the Architect's office and is available for examination upon request. 1.03 DOCUMENT MODIFICATIONS A. Modifications to the General Conditions are made only under the provisions of Section 00800 – Supplementary General Conditions included in this Project Manual. B. Refer to Section 00800 – Supplementary General Conditions for any and all amendments to these General Conditions. 1.04 CONTRACTOR’S RESPONSIBILITY A. Contractors are presumed to be familiar with the Project General Conditions. If not, any and all parties, intending to provide products or services for the Work for this Project are advised to read and understand the referenced document prior to submitting bids and performing and work. 1.05 RELATED REQUIREMENTS A Section 00800 - Supplementary Conditions. PART 2 – PRODUCTS (NOT APPLICABLE) PART 3 – EXECUTION (NOT APPLICABLE) END OF SECTION 00700 July 2021 SC 1 SUPPLEMENTARY CONDITIONS These Supplementary Conditions modify, change, delete from or add to the General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition. Where any Article of the General Conditions is modified or any Section, Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions of that Section, Article, Paragraph, Subparagraph or Clause shall remain in effect. Articles, Sections, Paragraphs, Subparagraphs or Clauses modified or deleted have the same numerical designation as those occurring in the General Conditions. ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1. The Contract Documents In Section 1.1.1 delete the third sentence, and add the following sentence: The Contract Documents shall include the Bid Documents as listed in the Instructions to Bidders and any modifications made thereto by addenda. 1.1.8 Initial Decision Maker Delete all after the words, “shall not show partiality to the Owner or Contractor”. 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE [REFER TO La R.S. 38:2317] 1.5.1 Delete the first sentence of the paragraph. 1.5.1 In the third sentence: delete the remainder after the word “publication”. 1.7 DIGITAL DATA USE AND TRANSMISSION In the first sentence after the words, “in digital form” delete “. The parties will use AIA Document E203 2013, Building Information Modeling and Digital Data Exhibit”. 1.8 BUILDING INFORMATION MODELS USE AND RELIANCE Delete Section 1.8. ARTICLE 2 OWNER 2.2 EVIDENCE OF THE OWNER’S FINANCIAL ARRANGEMENTS Delete Section 2.2. July 2021 SC 2 2.3 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.3.1 In the first sentence, delete: all before “the Owner shall secure...” Delete Section 2.3.2 and substitute the following: 2.3.2 The term Architect, when used in the Contract Documents, shall mean the prime Designer (Architect, Engineer, or Landscape Architect), or his authorized representative, lawfully licensed to practice architecture, engineering, or landscape architecture in the State of Louisiana, identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. 2.3.3 Delete the words: “to whom the Contractor has no reasonable objection and”. ARTICLE 3 CONTRACTOR 3.4 LABOR AND MATERIALS 3.4.2 Delete Section 3.4.2. Delete Section 3.4.3 and substitute with the following: 3.4.3 Contractor and its employees, officers, agents, representatives, and Subcontractors shall conduct themselves in an appropriate and professional manner, in accordance with the Owner’s requirements, at all times while working on the Project. Any such individual who behaves in an inappropriate manner or who engages in the use of inappropriate language or conduct while on Owner’s property, as determined by the Owner, shall be removed from the Project at the Owner’s request. Such individual shall not be permitted to return without the written permission of the Owner. The Owner shall not be responsible or liable to Contractor or any Subcontractor for any additional costs, expenses, losses, claims or damages incurred by Contractor or its Subcontractor as a result of the removal of an individual from the Owner’s property pursuant to this Section. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. 3.5 WARRANTY 3.5.2 Replace reference to “Section 9.8.4” with “Section 9.8.6”. 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS (La R.S. 40:1724[A]) 3.7.1 Delete Section 3.7.1. 3.7.2 In Section 3.7.2, replace the word “public” with the word “State”. Delete Section 3.7.5 and substitute the following: July 2021 SC 3 3.7.5 If, during the course of the Work, the Contractor discovers human remains, unmarked burial or archaeological sites, burial artifacts, or wetlands, which are not indicated in the Contract Documents, the Contractor shall follow all procedures mandated by State and Federal law, including but not limited to La R.S. 8:671 et seq., the Office of Coastal Protection and Restoration, and Sections 401 & 404 of the Federal Clean Water Act. Request for adjustment of the Contract Sum and Contract Time arising from the existence of such remains or features shall be submitted in writing to the Owner pursuant to the Contract Documents. 3.8 ALLOWANCES Delete Sections 3.8.1, 3.8.2, and 3.8.3 in their entirety and add the following new Section 3.8.1: 3.8.1 Allowances shall not be made on any of the Work. 3.9 SUPERINTENDENT 3.9.1 Add the following to the end of the paragraph: Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR’S CONSTRUCTION AND SUBMITTAL SCHEDULES 3.10.1 Add the following: For projects with a contract sum greater than $1,000,000.00, the Contractor shall include with the schedule, for the Owner’s and Architect’s information, a network analysis to identify those tasks which are on the critical path, i.e., where any delay in the completion of these tasks will lengthen the project timescale, unless action is taken. A revised schedule shall be submitted with each Application and Certificate for Payment. No payment shall be made until this schedule is received. 3.10.3 In the first sentence, delete the word “general”. After the first sentence, add the following: If the Work is not on schedule, as determined by the Architect, and the Contractor fails to take action to bring the Work on schedule, then the Contractor shall be deemed in default under this Contract and the progress of the Work shall be deemed unsatisfactory. Such default may be considered grounds for termination by the Owner for cause in accordance with Section 14.2. Add the following Sections: 3.10.4 Add the following: Submittal by the contractor of a schedule or other documentation showing a completion date for his Work prior to the completion date stated in the contract shall not impose any obligation or responsibility on the Owner or Architect for the earlier completion date. 3.10.5 In the event the Owner employs a commissioning consultant, the Contractor shall cooperate fully in the commissioning process and shall require all subcontractors and July 2021 SC 4 others under his control to cooperate. The purpose of such services shall be to ensure that all systems perform correctly and interactively according to the provisions of the Contract Documents. 3.11 DOCUMENTS AND SAMPLES AT THE SITE Add the following: This requirement is of the essence of the contract. The Architect shall determine the value of these documents and this amount shall not be approved for payment to the Contractor until all of the listed documents are delivered to the Architect in good order, completely marked with field changes and otherwise complete in all aspects. ARTICLE 4 ARCHITECT 4.2 ADMINISTRATION OF THE CONTRACT 4.2.1 In the first sentence, delete the phrase: “the date the Architect issues the final Certificate for Payment” and replace with the phrase “final payment is due, and with the Owner’s concurrence, from time to time during the one year period for correction of Work described in Section 12.2.” 4.2.2 In the first sentence, after the phrase: “become generally familiar with”; insert the following: “and to keep the Owner informed about”. In the first sentence, after the phrase “portion of the Work completed”, insert the following: “to endeavor to guard the Owner against defects and deficiencies in the Work,” 4.2.4 In the first sentence, delete all after “The Owner and Contractor”, and add the following “may communicate directly with each other, when deemed necessary by the Owner, and the Owner will notify the Architect of any decision.” 4.2.10 Add the following sentence to the end of Section 4.2.10: There shall be no restriction on the Owner having a Representative. 4.2.11 Add the following sentence to the end of Section 4.2.11: If no agreement is made concerning the time within which interpretation required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretation until 15 days after written request is made for them. 4.2.14 Insert the following sentence between the second and third sentences of Section 4.2.14: If no agreement is made concerning the time within which interpretation required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretation until 15 days after written request is made for them. July 2021 SC 5 ARTICLE 5 SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Delete Section 5.2.1, and substitute the following: 5.2.1 Unless otherwise required by the Contract Documents, the Contractor shall furnish at the Pre-Construction Conference, to the Owner and the Architect, in writing, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. No Contractor payments shall be made until this information is received. Delete Section 5.2.2, and substitute the following: 5.2.2 The Contractor shall be solely responsible for selection and performance of all subcontractors. The Contractor shall not be entitled to claims for additional time and/or an increase in the contract sum due to a problem with performance or nonperformance of a subcontractor. Delete Sections 5.2.3 and 5.2.4 and substitute the following: 5.2.3 The Contractor shall notify the Architect and the Owner when a subcontractor is to be changed and substituted with another subcontractor. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Delete Sections 5.4, 5.4.1, 5.4.2 and 5.4.3 ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL Add the following Sections: 7.1.4 As part of the pre-construction conference submittals, the Contractor shall submit the following prior to the Contractor’s initial request for payment: 7.1.4.1 Fixed job site overhead cost itemized with documentation to support daily rates. 7.1.4.2 Bond Premium Rate with supporting information from the General Contractor’s carrier. July 2021 SC 6 7.1.4.3 Labor Burden by trade for both Subcontractors and General Contractor. The Labor Burden shall be supported by the Worker’s Compensation and Employer’s Liability Insurance Policy Information Page. Provide for all trades. 7.1.4.4 Internal Rate Charges for all significant company owned equipment. 7.1.5 If the General Contractor fails to submit the aforementioned documentation as part of the pre-construction submittals, then pay applications shall not be processed until such time as the Owner receives this information. 7.2 CHANGE ORDERS Delete Section 7.2.1, and substitute the following Sections: 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, the Architect, and the Contractor issued after execution of the Contract, authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time. Any reservation of rights, stipulation, or other modification made on the change order by the contractor shall have no effect. 7.2.2 “Cost of the Work” for the purpose of Change Orders shall be the eligible costs required to be incurred in performance of the Work and paid by the Contractor and Subcontractors which eligible costs shall be limited to: 7.2.2.1 Actual wages paid directly to labor personnel, with a labor burden markup exclusively limited to applicable payroll taxes, worker’s compensation insurance, unemployment compensation, and social security taxes for those labor personnel performing the Work. Wages shall be the basic hourly labor rate paid an employee exclusive of fringe benefits or other employee costs. The labor burden percentage for the “Cost of the Work” is limited to categories listed herein. Employer-provided health insurance, fringe benefits, employee training (whether a requirement of employment or not), vacation pay, etc., are examples of ineligible labor burden costs which shall not be included, as these costs are already compensated by the Overhead and Profit markup. Supervision shall not be included as a line item in the “Cost of the Work”, except when the change results in a documented delay in the critical path, as described in Section 7.2.7. 7.2.2.2 Cost of all materials and supplies necessary and required to perform the Work, identifying each item and its individual cost, including taxes. Incidental consumables are not eligible costs and shall not be included. 7.2.2.3 Cost of each necessary piece of machinery and equipment required to perform the Work, identifying each item and its individual cost, including taxes. Incidental small tools of a specific trade (i.e., shovels, saws, hammers, air compressors, etc.,) and general use vehicles, such as pickup trucks even for July 2021 SC 7 moving items around the site, fuel for these general use vehicles, travel, lodging, and/or meals are not eligible and shall not be included. 7.2.2.4 Eligible Insurance costs shall be limited to documented increases in “Builder’s Risk” insurance premium / costs only. Commercial General Liability, Automobile Liability, and all other required insurances, where referenced in the Contract shall be considered part of normal overhead. These costs are already compensated by the Overhead and Profit markup. 7.2.2.5 Cost for the General Contractor Performance and Payment Bond premium, where the documented cost of the premiums have been increased due to the Change Order. 7.2.3 Overhead and Profit - The Contractor and Subcontractor shall be due home office fixed overhead and profits on the Cost of the Work, but shall not exceed a total of 16% of the direct cost of any portion of Work. The credit to the Owner resulting from a change in the Work shall be the sum of those items above, including overhead and profit. Where a change results in both credits to the Owner and extras to the Contractor for related items, overhead and profit shall be computed for credits to the Owner and extras to the Contractor. The Owner shall receive full credit for the computed overhead and profit on credit change order items. 7.2.4 The cost to the Owner resulting from a change in the Work shall be the sum of: Cost of the Work (as defined at Section 7.2.2) and Overhead and Profit (as defined at Section 7.2.3), and shall be computed as follows: 7.2.4.1 When all of the Work is General Contractor Work; 8% markup on the Cost of the Work. 7.2.4.2 When the Work is all Subcontract Work; 8% markup on the Cost of the Work for Subcontractor’s Overhead and Profit, plus 8% markup on the Cost of the Work, not including the Subcontractor’s Overhead and Profit markup, for General Contractor’s Overhead and Profit. 7.2.4.3 When the Work is a combination of General Contractor Work and Subcontract Work; that portion of the direct cost that is General Contract Work shall be computed per Section 7.2.4.1 and that portion of the direct cost that is Subcontract Work shall be computed per Section 7.2.4.2. Premiums for the General Contractor’s bond may be included, but after the markup is added to the Cost of the Work. Premiums for the Subcontractor’s Bond shall not be included. 7.2.4.4 Subcontract cost shall consist of the items in Section 7.2.2 above plus Overhead and Profit as defined in Section 7.2.3. 7.2.5 Before a Change Order is prepared, the Contractor shall prepare and deliver to the Architect the following information concerning the Cost of the Work, not subject to waiver, within a reasonable time after being notified to prepare said Change Order: July 2021 SC 8 A detailed, itemized list of labor, material and equipment costs for the General Contractor’s Work including quantities and unit costs for each item of labor, material and equipment. An itemized list of labor, material and equipment costs for each Subcontractor’s and/or Sub-Subcontractor’s Work including quantities and unit costs for each item of labor, material and equipment. 7.2.6 After a Change Order has been approved, no future requests for extensions of time or additional cost shall be considered for that Change Order. 7.2.7 Extended fixed job-site costs are indirect costs that are necessary to support the work in the field. Examples of fixed job-site costs are field office rental, salaries of field office staff, field office utilities, and telephone. Extended fixed job-site costs or equitable adjustment may be included in a Change Order due to a delay in the critical path, with the exception of weather related delays. In the event of a delay in the critical path, the Contractor shall submit all changes or adjustments to the Contract Time within twenty-one (21) days of the event giving rise to the delay. The Contractor shall submit documentation and justification for the adjustment by performing a critical path analysis of its most recent schedule in use prior to the change, which shows an extension in critical path activities. The Contractor shall notify the Architect in writing that the Contractor is making a claim for extended fixed job-site overhead as required by Section 15.1.2. The Contractor shall provide proof that the Contractor is unable to mitigate financial damages through Alternate Work within this Contract or replacement work. “Replacement Work” is that work which the Contractor is obligated to perform under any construction contract separate from this Contract. Reasonable proof shall be required by the Architect that the delays affected the Completion Date. 7.2.8 “Cost of the Work” whether General Contractor cost or Subcontractor cost shall not apply to the following: 7.2.8.1 Salaries or other compensation of the Contractor’s personnel at the Contractor’s principal office and branch offices. 7.2.8.2 Any part of the Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work. 7.2.8.3 Overhead and general expenses of any kind or the cost of any item not specifically and expressly included above in Cost of the Work. 7.2.8.4 Cost of supervision refer to section 7.2.2.1, with exception as provided in Section 7.2.7. 7.2.9 When applicable as provided by the Contract, the cost to Owner for Change Orders shall be determined by quantities and unit prices. The quantity of any item shall be as July 2021 SC 9 submitted by the Contractor and approved by the Architect. Unit prices shall cover cost of Material, Labor, Equipment, Overhead and Profit. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.3 In the first sentence after “following methods” insert: “, but not to exceed a specified amount”. 7.3.4 From .1 of the list, delete all after “Costs of labor, including” and substitute the following “social security, old age and employment insurance, applicable payroll taxes, and workers’ compensation insurance;” Delete the following from .4 of the list: “permit fees,” Delete Section 7.3.9 and substitute the following: 7.3.9 Pending final determination of the total costs of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties’ agreement with part or all of such costs. ARTICLE 8 TIME 8.1 DEFINITIONS Add the following: 8.1.5 The Contract Time shall not be changed by the submission of a schedule that shows an early completion date unless specifically authorized by change order. 8.2 PROGRESS AND COMPLETION Add to Section 8.2.1 the following: Completion of the Work must be within the Time for Completion stated in the Agreement, subject to such extensions as may be granted under Section 8.3. The Contractor agrees to commence Work not later than fourteen (14) days after the transmittal date of Written Notice to Proceed from the Owner and to substantially complete the project within the time stated in the Contract. The Owner will suffer financial loss if the project is not substantially complete in the time set forth in the Contract Documents. The Contractor and the Contractor’s Surety shall be liable for and shall pay to the Owner the sum stated in the Contract Documents as fixed, agreed and liquidated damages for each consecutive calendar day (Saturdays, Sundays and holidays included) of delay until the Work is substantially complete. The Owner shall be entitled to the sum stated in the Contract Documents. Such Liquidated Damages shall be withheld by the Owner from the amounts due the Contractor for progress payments. Delete Section 8.2.2. July 2021 SC 10 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 In the first sentence after the words “Owner pending” delete the words “mediation and binding dispute resolution” and add the word “litigation”, and delete the last word “determine” and add the following: “recommend, subject to Owner’s approval of Change Order. If the claim is not made within the limits of Article 15, all rights for future claims for that month are waived.” ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM Delete Section 9.1.2. Delete Section 9.2 and substitute the following: 9.2 SCHEDULE OF VALUES At the Pre-Construction Conference, the Contractor shall submit to the Owner and the Architect a Schedule of Values prepared as follows: 9.2.1 The attached Schedule of Values Format shall be used. If applicable, the cost of Work for each section listed under each division, shall be given. The cost for each section shall include Labor, Materials, Overhead and Profit. 9.2.2 The Total of all items shall equal the Total Contract Sum. This schedule, when approved by the Architect, shall be used as a basis for the Contractor’s Applications for Payment and it may be used for determining the cost of the Work in deductive change orders, when a specific item of Work listed on the Schedule of Values is to be removed. Once the Schedule of Values is submitted at the Pre-Construction Conference, the schedule shall not be modified without approval from the Owner and Architect. 9.3 APPLICATIONS FOR PAYMENT Delete Sections 9.3.1, 9.3.1.1, and 9.3.1.2 and substitute the following: 9.3.1 Monthly, the Contractor shall submit to the Architect a Facility Planning and Control – Application and Certification for Payment form, supported by any additional data substantiating the Contractor’s right to payment as the Owner or the Architect may require. Application for Payment shall be submitted on or about the first of each month for the value of labor and materials incorporated into the Work and of materials, suitably stored, at the site as of the twenty-fifth day of the preceding month, less normal retainage as follows, per La R.S. 38:2248: 9.3.1.1 Projects with Contract price up to $500,000.00 – 10% of the Contract price. 9.3.1.2 Projects with Contract price of $500,000.00, or more – 5% of the Contract price. July 2021 SC 11 9.3.1.3 No payment shall be made until the revised schedule required by Section 3.10.1 is received. 9.3.1.4 The normal retainage shall not be due the Contractor until after substantial completion and expiration of the forty-five day lien period and submission to the Architect of a clear lien certificate, consent of surety, and invoice for retainage. Delete Section 9.3.2 and substitute the following: 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payments for materials or equipment stored on the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, including applicable insurance. 9.5 DECISIONS TO WITHHOLD CERTIFICATION Section 9.5.1.7: Delete the word “repeated”. Delete Section 9.5.4. 9.6 PROGRESS PAYMENTS Delete Section 9.6.1 and substitute the following: 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment within twenty days except for projects funded fully or in part by a Federal reimbursement program. For such projects the Owner will make payment in a timely manner consistent with reimbursement. 9.6.2 Delete the phrase: “no later than seven days” from the first sentence. After the end of the second sentence, add the following: La R.S. 9:2784 (A) and (C) require a Contractor or Subcontractor to make payment due to each Subcontractor and supplier within fourteen (14) consecutive days of the receipt of payment from the Owner. If not paid, a penalty in the amount of 1⁄2 of 1% per day is due, up to a maximum of 15% from the expiration date until paid. The contractor or subcontractor, whichever is applicable, is solely responsible for payment of a penalty. 9.6.4 Delete the first two sentences of Section 9.6.4 and add the following to the end of the Section: Pursuant to La. R.S. 38:2242 and La. R.S. 38:2242.2, when the Owner receives any claim of nonpayment arising out of the Contract, the Owner shall deduct 125% of such claim from the Contract Sum. The Contractor, or any interested party, may deposit security, in accordance with La. R.S. 38:2242.2, guaranteeing payment of the claim with the recorder July 2021 SC 12 of mortgages of the parish where the Work has been done. When the Owner receives original proof of such guarantee from the recorder of mortgages, the claim deduction will be added back to the Contract Sum. Delete Section 9.7 FAILURE OF PAYMENT. Delete Section 9.8 and substitute the following: 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Architect shall determine if the project is substantially complete in accordance with this Section. 9.8.2 When the Contractor considers that the Work is Substantially Complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor’s list, the Architect shall make an inspection to determine whether the Work is substantially complete. A prerequisite to the Work being considered as substantially complete is the Owner’s receipt of the executed Roofing Contractor’s and Roofing Manufacturer’s guarantees, where roofing Work is part of the Contract. Prior to inspection by the Architect, the Contractor shall notify the Architect that the project is ready for inspection by the State Fire Marshal’s office. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, the Contractor shall, before the Work can be considered as Substantially Complete, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Architect determines that the project is Substantially Complete, he shall prepare a punch list of exceptions and the dollar value related thereto. The monetary value assigned to this list will be the sum of the cost estimate for each particular item of Work the Architect develops based on the mobilization, labor, material and equipment costs of correcting the item and shall be retained from the monies owed the contractor, above and beyond the standard lien retainage. The cost of these items shall be prepared in the same format as the schedule of values. At the end of the forty-five day lien period payment shall be approved for all punch list items completed up to that time. After that payment, none of the remaining funds shall be due the contractor until all punch list items are completed and are accepted by the Architect. If the dollar value of the punch list exceeds the amount of funds, less the retainage amount, in the remaining balance of the Contract, then the Project shall not be considered as substantially complete. If funds remaining are less than that required to complete the Work, the Contractor shall pay the difference. July 2021 SC 13 9.8.5 When the preparation of the punch list is complete the Architect shall prepare a Recommendation of Acceptance incorporating the punch list and submit it to the Owner. Upon approval of the Recommendation of Acceptance, the Owner may issue a Notice of Acceptance of Building Contract which shall establish the Date of Substantial Completion. The Contractor shall record the Notice of Acceptance with the Clerk of Court in the Parish in which the Work has been performed. If the Notice of Acceptance has not been recorded seven (7) days after issuance, the Owner may record the Acceptance at the Contractor’s expense. All additive change orders must be processed before issuance of the Recommendation of Acceptance. The Owner shall not be responsible for payment for any Work associated with change orders that is not incorporated into the contract at the time of the Recommendation of Acceptance. 9.8.6 Warranties required by the Contract Documents shall commence on the date of Acceptance of the Work unless otherwise agreed to in writing by the Owner and Contractor. Unless otherwise agreed to in writing by the Owner and Contractor, security, maintenance, heat, utilities, damage to the Work not covered by the punch list and insurance shall become the Owner’s responsibility on the Date of Substantial Completion. 9.8.7 If all punch list items have not been completed by the end of the forty-five (45) day lien period, through no fault of the Architect or Owner, the Owner may hold the Contractor in default. If the Owner finds the Contractor is in default, the Surety shall be notified. If within forty-five (45) days after notification, the Surety has not completed the punch list, through no fault of the Architect or Owner, the Owner may, at his option, contract to have the balance of the Work completed and pay for such Work with the unpaid funds remaining in the Contract sum. Finding the Contractor in default shall constitute a reason for disqualification of the Contractor from bidding on future state contracts. If the surety fails to complete the punch list within the stipulated time period, the Owner may not accept bonds submitted, in the future, by the surety. 9.9 PARTIAL OCCUPANCY OR USE Delete Section 9.9.1 and substitute the following: 9.9.1 Partial Occupancy is that stage in the progress of the Work when a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the designated portion of the Work for its intended use. The Owner may occupy or use any substantially completed portion of the Work so designated by separate agreement with the Contractor and authorized by public authorities having jurisdiction over the Work. Such occupancy or use may commence provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers the designated portion substantially complete the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. 9.10 FINAL COMPLETION AND FINAL PAYMENT July 2021 SC 14 Delete Section 9.10.4 and replace with the following: 9.10.4 The making of final payment shall not constitute a waiver of Claims by the Owner for the following: 9.10.4.1 Claims, security interests, or encumbrances arising out of the Contract and unsettled; 9.10.4.2 failure of the Work to comply with the requirements of the Contract Documents irrespective of when such failure is discovered; 9.10.4.3 terms of special warranties required by the Contract Documents; or 9.10.4.4 audits performed by the Owner, after final payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.2 In the first sentence, between the words: “bearing on” and “safety”, add the words: “the health and,” 10.3 HAZARDOUS MATERIALS 10.3.1 In the second sentence after (PCB) add: “or lead”. 10.3.2 After the first sentence, delete all remaining sentences. Add at the end: “The Contract time shall be extended appropriately.” Delete Section 10.4 and substitute the following: 10.4 EMERGENCIES In an emergency affecting the safety of persons or property, the Contractor shall notify the Owner and Architect immediately of the emergency, simultaneously acting at his discretion to prevent damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency Work shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS AIA A101 – 2017 Exhibit A is not a part of these documents. Delete all of Sections 11.1, 11.2, 11.3, 11.4, and 11.5, and substitute the following: July 2021 SC 15 INSURANCE REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND RENOVATIONS 11.1 CONTRACTOR’S LIABILITY INSURANCE The Contractor shall purchase and maintain without interruption for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The duration of the contract shall be from the inception of the contract until the date of final payment. 11.2 MINIMUM SCOPE AND LIMITS OF INSURANCE 11.2.1 Worker’s Compensation Worker’s Compensation insurance shall be in compliance with the Worker’s Compensa- tion law of the Contractor’s headquarters. Employers Liability is included with a minimum limit of $1,000,000 per accident/per disease/per employee. If Work is to be performed over water and involves maritime exposure, applicable LHWCA, Jones Act or other maritime law coverage shall be included. A.M. Best’s insurance company rating requirement may be waived for Worker’s compensation coverage only. 11.2.2 Commercial General Liability Commercial General Liability insurance, including Personal and Advertising Injury Liability and Products and Completed Operations Liability, shall have a minimum limit per occurrence based on the project value. The Insurance Services Office (ISO) Commercial General Liability occurrence coverage form CG 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. Claims-made form is unacceptable. The aggregate loss limit must apply to each project. ISO form CG 25 03 (current form approved for use in Louisiana), or equivalent, shall also be submitted. The State project number, including part number, and project name shall be included on this endorsement. COMBINED SINGLE LIMIT (CSL) PER OCCURRENCE Projects over Type of Projects $1,000,000 up to Projects over Construction up to $1,000,000 _$10,000,000__ $10,000,000 New Buildings: Each Occurrence Minimum Limit $1,000,000 $2,000,000 $4,000,000 Per Project Aggregate $2,000,000 $4,000,000 $8,000,000 Renovations: The building(s) value for the Project is $______________. Each Occurrence Minimum Limit $1,000,000** $2,000,000** $4,000,000** July 2021 SC 16 Per Project Aggregate 2 times per 2 times per 2 times per occur limit** occur limit** occur limit** **While the minimum Combined Single Limit of $1,000,000 is required for any renovation, the limit is calculated by taking 10% of the building value and rounding it to the nearest $1,000,000 to get the insurance limit. Example: Renovation on a $33,000,000 building would have a calculated $3,000,000 combined single limit of coverage (33,000,000 times .10 = 3,300,000 and then rounding down to $3,000,000). If the calculated limit is less than the minimum limit listed in the above chart, then the amount needed is the minimum listed in the chart. Maximum per occurrence limit required is $10,000,000 regardless of building value. The per project aggregate limit is then calculated as twice the per occurrence limit. 11.2.3 Automobile Liability Automobile Liability Insurance shall have a minimum combined single limit per occurrence of $1,000,000. ISO form number CA 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. This insurance shall include third- party bodily injury and property damage liability for owned, hired and non-owned automobiles. 11.2.4 Excess Umbrella Excess Umbrella Insurance may be used to meet the minimum requirements for General Liability and Automobile Liability only. 11.2.5 Builder’s Risk 11.2.5.1 Builder’s Risk Insurance shall be in an amount equal to the amount of the construction contract including any amendments and shall be upon the entire Work included in the contract. The policy shall provide coverage equivalent to the ISO form number CP 10 20, Broad Form Causes of Loss (extended, if necessary, to include the perils of wind, earthquake, collapse, vandalism/malicious mischief, and theft, including theft of materials whether or not attached to any structure). The policy must include architects’ and engineers’ fees necessary to provide plans, specifications and supervision of Work for the repair and/or replacement of property damage caused by a covered peril, not to exceed 10% of the cost of the repair and/or replacement. 11.2.5.2 Flood coverage shall be provided by the Contractor on the first floor and below for all projects, except as otherwise noted. The builder’s risk insurance policy, sub-limit for flood coverage shall not be less than ten percent (10%) of the total contract cost per occurrence. If flood is purchased as a separate policy, the limit shall be ten percent (10%) of the total contract cost per occurrence (with a max of $500,000 if NFIP). Coverage for roofing projects shall not require flood coverage. 11.2.5.3 A Specialty Contractor may provide an installation floater in lieu of a Builder’s Risk policy, with the similar coverage as the Builder’s Risk policy, upon the July 2021 SC 17 system to be installed in an amount equal to the amount of the contract including any amendments. Flood coverage is not required. 11.2.5.4 The policy must include coverage for the Owner, Contractor and any subcontractors as their interests may appear. 11.2.6 Pollution Liability (required when asbestos or other hazardous material abatement is included in the contract) Pollution Liability insurance, including gradual release as well as sudden and accidental, shall have a minimum limit of not less than $1,000,000 per claim. A claims-made form will be acceptable. A policy period inception date of no later than the first day of anticipated Work under this contract and an expiration date of no earlier than 30 days after anticipated completion of all Work under the contract shall be provided. There shall be an extended reporting period of at least 24 months, with full reinstatement of limits, from the expiration date of the policy if the policy is not renewed. The policy shall not be cancelled for any reason, except non-payment of premium. 11.2.7 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and accepted by the Owner. The Contractor shall be responsible for all deductibles and self-insured retentions. 11.3 OTHER INSURANCE PROVISIONS 11.3.1 The policies are to contain, or be endorsed to contain, the following provisions: 11.3.1.1 Worker’s Compensation and Employers Liability Coverage 11.3.1.1.1 To the fullest allowed by law, the insurer shall agree to waive all rights of subrogation against the Owner, its officers, agents, employees and volunteers for losses arising from Work performed by the Contractor for the Owner. 11.3.1.2 Commercial General Liability Coverage 11.3.1.2.1 The Owner, its officers, agents, employees and volunteers are to be added as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor. ISO Form CG 20 10 (for ongoing work) AND CG 20 37 (for completed work) (current forms approved for use in Louisiana), or equivalent, are to be used. 11.3.1.2.2 The Contractor’s insurance shall be primary as respects the Owner, its officers, agents, employees and volunteers for any and all losses that occur under the contract. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees or volunteers. Any insurance or self-