Ocak Cir Drainage

ST. TAMMANY PARISH MICHAEL B. COOPER PARISH PRESIDENT PROCUREMENT DEPARTMENT P.O. BOX 628 | COVINGTON, LOUISIANA| 70434 | PROCUREMENT@STPGOV.ORG | 985-898-2520 WWW.STPGOV.ORG Version 2024 Q1 NOTICE OF QUOTE REQUEST ST. TAMMANY PARISH Sealed quotes will be received by the Department of Procurement, until 2:00 p.m., Thursday, March 28, 2024 and then opened at that time by the Procurement Staff for the following project: Quote # 24-7-1 - Oak Cir Drainage This Quote package is available online at www.bidexpress.com or LaPAC https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185.It is the Vendor’s responsibility to check Bid Express or LaPAC frequently for any possible addenda that may be issued. The

Parish is not responsible for a Vendor’s failure to download any addenda documents required to complete a submission. Each Quote must be sealed. In addition, the outside of the envelope, box or package containing the Quote should be marked with the following information. Name and Address, State Contractor’s License Number (if the estimated cost of the work is $50k or more), Quote Number, and the Quote Name. Quotes submitted without this information may be deemed non-responsive. Quotes will be received by the St. Tammany Parish Government Department of Procurement, located at 21454 Koop Dr., Suite 2F, Mandeville LA. 70471. The Procurement Department can be contacted by telephone at (985) 898-2520, or via e-mail at Procurement@stpgov.org. St. Tammany Parish Government reserves the right to reject any or all quotes and to waive informalities. Procurement Department http://www.stpgov.org/ http://www.bidexpress.com/ https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 mailto:Procurement@stpgov.org Version 2024 Q1 QUOTE REQUEST ST. TAMMANY PARISH GOVERNMENT OAK CIR DRAINAGE Quote Number: 24-7-1 Quote Deadline: Thursday, March 28, 2024 February 26, 2024 Version 2024 Q1 TABLE OF CONTENTS PART I: OVERVIEW ................................................................................................................. 5 1.1 Background .................................................................................................................. 5 1.2 Definitions .................................................................................................................... 5 1.3 Schedule of Events ....................................................................................................... 6 1.4 Quote Submittal ............................................................................................................ 6 PART II: SCOPE OF WORK/SERVICES .................................................................................. 7 2.1 Scope of work/Services ................................................................................................ 7 2.2 Period of Agreement ..................................................................................................... 7 2.3 Price Schedule ............................................................................................................. 7 2.4 Deliverables .................................................................................................................. 7 2.5 Licensing Required ....................................................................................................... 8 PART III: EVALUATION ............................................................................................................ 8 PART IV: PERFORMANCE STANDARDS ................................................................................ 8 4.1 Performance Requirements .......................................................................................... 8 4.1.1 Shop drawings, Brochures and Samples .............................................................. 8 4.1.2 Record Drawings .................................................................................................. 9 4.1.3 Progress of Work .................................................................................................. 9 4.1.4 The Parish’s Right to Proceed with Portions of the Work .....................................10 4.1.5 Time of Completion ..............................................................................................11 4.1.6 Extensions of Time for Change Orders ................................................................12 4.1.7 Liquidated Damages ............................................................................................12 4.1.8 Labor, Materials, Equipment, Supervision, Permits and Taxes ............................13 4.1.9 Quantities of Estimate, Changes in Quantities, Extra Work ..................................15 4.1.10 Injuries to Persons and Property ..........................................................................17 4.1.11 Sanitary Provisions ..............................................................................................20 4.1.12 Rights of Way ......................................................................................................20 4.1.13 Protection and Restoration of Property and Landscape .......................................20 4.1.14 Contractor’s Responsibility for Work ....................................................................21 4.1.15 Tests and Inspections; Correction and Removal of Defective Work .....................21 4.1.16 Subsurface Conditions .........................................................................................19 4.1.17 Removal and Disposal of Structures and Obstructions ........................................19 4.1.18 The Parish’s Right to Occupancy .........................................................................25 4.1.19 Survey Horizontal and Vertical Control ................................................................25 4.2 Compliance With Applicable Laws .............................................................................. 25 4.3 Site Visitation .............................................................................................................. 25 PART V: GENERAL PROVISIONS ..........................................................................................26 5.1 Legibility/Clarity .......................................................................................................... 26 5.2 Confidential Information, Trade Secrets, and Proprietary Information ......................... 26 5.3 Quote Clarifications Prior to Submittal ........................................................................ 27 5.3.1 Pre-Quote Conference .........................................................................................27 5.3.2 Respondent Inquiry Periods .................................................................................27 5.4 Errors and Omissions in Quote ................................................................................... 28 5.5 Performance Bond ...................................................................................................... 28 5.6 Changes, Addenda, Withdrawals ................................................................................ 29 5.7 Withdrawal of Quote ................................................................................................... 30 5.8 Material in the Quote Request .................................................................................... 30 5.9 Waiver of Administrative Informalities ......................................................................... 30 Version 2024 Q1 5.10 Quote Rejection .......................................................................................................... 30 5.11 Ownership of Quote .................................................................................................... 31 5.12 Cost of Offer Preparation ............................................................................................ 31 5.13 Non-negotiable Contract Terms .................................................................................. 31 5.14 Taxes ......................................................................................................................... 31 5.15 Quote Validity ............................................................................................................. 31 5.16 Prime Contractor Responsibilities ............................................................................... 31 5.17 Use of Subcontractors ................................................................................................ 32 5.18 Written or Oral Discussions/Presentations .................................................................. 32 5.19 Acceptance of Quote Content ..................................................................................... 32 5.20 Evaluation and Selection ............................................................................................ 33 5.21 Contract Negotiations ................................................................................................. 33 5.22 Contract Award and Execution ................................................................................... 33 5.23 Notice of Intent to Award ............................................................................................ 33 5.24 Affidavits ..................................................................................................................... 34 5.25 Insurance Requirements............................................................................................. 34 5.26 Subcontractor Insurance............................................................................................. 38 5.27 Indemnification and Limitation of Liability .................................................................... 34 5.27.1 Duty to Defend.....................................................................................34 5.27.2 Contractor Liabilitiy...............................................................................34 5.27.3 Force Majeure.......................................................................................34 5.27.4 Indemnification.......................................................................................34 5.27.5 Intellectual Property Indemnification............................................................34 5.28 Payment ..................................................................................................................... 40 5.28.1 Payment for Services ...........................................................................................40 5.28.2 Acceptance and Final Payment(s) .......................................................................42 5.29 Termination ................................................................................................................ 43 5.29.1 Termination of the Contract for Cause .................................................................43 5.29.2 Termination of the Contract for Convenience .......................................................43 5.29.3 Termination for Non-Appropriation of Funds ........................................................44 5.29.4 Effects of Termination ..........................................................................................44 5.29.5 Default of Contractor ............................................................................................44 5.30 Assignment................................................................................................................. 40 5.31 No Guarantee of Quantities ........................................................................................ 40 5.32 Audit of Records ......................................................................................................... 45 5.33 Civil Rights Compliance .............................................................................................. 45 5.34 Record Retention........................................................................................................ 45 5.35 Record Ownership ...................................................................................................... 46 5.36 Content of Contract/ Order of Precedence .................................................................. 46 5.37 Contract Changes....................................................................................................... 46 5.38 Substitution of Personnel ............................................................................................ 46 5.39 Governing Law ........................................................................................................... 46 5.40 Anti-Kickback Clause .................................................................................................. 47 5.41 Clean Air Act .............................................................................................................. 47 5.42 Energy Policy and Conservation Act ........................................................................... 47 5.43 Clean Water Act ......................................................................................................... 47 5.44 Anti-Lobbying and Debarment Act .............................................................................. 47 Version 2024 Q1 Quote Package includes the following Attachments: Attachment “A” – Pricing Sheet, Unit Price Form, and Project Specifications Attachment “B” – Sample Contract Attachment “C” – Signage Instructions Attachment “D” – Insurance Requirements Attachment “E” – Affidavits Attachment “F” – Sample Corporate Resolution Attachment “G” – Sample Certificate of Insurance Attachment "H" – Layout Map Version 2024 Q1 QUOTE REQUEST FOR OAK CIR DRAINAGE PART I: OVERVIEW 1.1 Background The Parish requires a Contractor to improve drainage by remove/replace/repairing drainage catch basins as specified on Oak Circle (R08I036) Section 35, Township 8S, Range 14E, located in Slidell, Louisiana. 1.2 Definitions A. Shall – The term “shall” denotes mandatory requirements. B. Must - The term “must” denotes mandatory requirements. C. May - The term “may” denotes an advisory or permissible action. D. Should – The term “should” denotes a desirable action. E. Contractor – A Respondent who contracts with the Parish. F. Parish - St. Tammany Parish Government. G. Discussions- For the purposes of this Quote Request, a formal, structured means of conducting written or oral communications/presentations with responsible Respondents who submit quotes in response to this Quote Request. H. Quote Request – The Quote Request and any attachments and amendments thereto. I. Respondent – Person or entity responding to this Quote Request. J. Agreement – A contract between the Contractor and the Parish. Version 2024 Q1 1.3 Schedule of Events Date Time (CT) Quote Due Date March 28, 2024 2:00 PM Inquiry Deadline March 21, 2024 2:00 PM Contract Initiation TBD NOTE: The Parish reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the Quote Request. 1.4 Quote Submittal The Quote package is available online www.bidexpress.com or LaPAC https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubmain.cfm. It is the Vendor’s responsibility to check Bid Express or LaPAC frequently for any possible addenda that may be issued. The Parish is not responsible for a Vendor’s failure to download any addenda documents required to complete a submission. All quotes shall be in writing and shall be received by the Procurement Department no later than the date and time shown in the Schedule of Events. Important - - Clearly mark outside of the sealed envelope, box or package with the following information and format. Quotes without this information may be deemed non-responsive:  Name and Address of the Quoter  The State Contractor’s License Number of the Quoter (if the work is estimated at $50k or more)  Quote Request Name: OAK CIR DRAINAGE  Quote Request #: 24-7-1  Quote Due Date: Thursday, March 28, 2024 Quotes may only be sent via certified mail, hand-delivery or courier service to our physical location at: St. Tammany Parish Government Procurement Department 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 Respondent is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. The Parish is not responsible for any delays caused by the Respondent’s chosen means of proposal delivery. Respondent is solely responsible for the timely delivery of its proposal. Failure to meet the Quote Due Date shall result in rejection of the quote. http://www.bidexpress.com/ Version 2024 Q1 In the event that Contractor is a member of a corporation, partnership, L.L.C., L.L.P., or any other juridical entity, as an additional provision, Contractor should supply a certified copy of a corporate resolution or other written evidence of authority of person signing the quote/proposal. QUOTES SHALL BE OPENED PUBLICLY AT THE PHYSICAL LOCATION IDENTIFIED ABOVE AND ONLY RESPONDENTS SUBMITTING QUOTES SHALL BE IDENTIFIED ALOUD. PART II: SCOPE OF WORK/SERVICES 2.1 Scope of Work/Services The Contractor must provide all adequate and competent labor, equipment, tools, testing, and materials necessary to improve drainage by remove/replace/repairing drainage catch basins as specified on Oak Circle (R08I036) Section 35, Township 8S, Range 14E, located in Slidell, Louisiana. The time period to complete the work shall be forty-five (45) calendar days from issuance of the Notice to Proceed by the Parish. Contractor shall provide all signage and barricades. Any work that may be reasonably inferred from the specifications or drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described herein which so applied to this project are covered by a well- known technical meaning or specification shall be deemed to be governed by such recognized standards unless specifically excluded. If the contractor has not done business with the Parish, the contractor should submit a W-9 with their response. 2.2 Period of Agreement The term of any contract resulting from this solicitation shall begin on the date of the Parish President’s signature or approval in writing by the Parish President or designee. The contract shall terminate pursuant to the terms and conditions of section 5.30 herein, the terms and conditions of the contract, operation of law, as agreed between the parties, or upon satisfactory completion of all services and obligations described in the contract. 2.3 Price Schedule Prices quoted by the Respondent shall be firm for the term of the contract. 2.4 Deliverables The deliverables listed in this section are the minimum desired from the successful Respondent. Every Respondent should describe what deliverables will be provided per their quote and how the proposed deliverables will be provided. Version 2024 Q1 2.5 Licensing Required If the estimated cost of the work is $50k or more a Contractor licensed by the State to do the type of work indicated in Section 2.1 may submit a quote. The Respondent’s signature on the quote certifies that he holds an active license under the provisions of Chapter 24 of the Louisiana Revised Statutes, Title 37. Failure to be properly licensed constitutes authority for the Parish to reject the quote. The Parish reserves the right to require a Contractor licensed for less than $50k depending on the requiements set forth in Section 2.1 and shall provide within 10 days after being notified of an Award. PART III: EVALUATION The quotes will be evaluated in light of the material and the substantiating evidence presented to the Parish, not on the basis of what may be inferred. The lowest monetary quote in compliance with the Quote Request will be awarded the contract. Only for the purpose of interpretation of the quote, when applicable, written words shall govern if a conflict exists between words and numerals. PART IV: PERFORMANCE STANDARDS 4.1 Performance Requirements 4.1.1 Shop drawings, Brochures and Samples After checking and verifying all field measurements, Contractor shall submit to the Parish for approval, five copies (or at the Parish's option, one reproducible copy) of all shop drawings, which shall have been checked by and stamped with the approval of Contractor and identified as the Parish may require. The data shown on the shop drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Parish to review the information as required. Contractor shall also submit to the Parish, for review with such promptness as to cause no delay in work, all samples as required by the contract documents. All samples will have been checked by and stamped with the approval of Contractor identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. At the time of each submission, Contractor shall in writing call the Parish's attention to any deviations that the shop drawings or samples may have from the requirements of the contract documents. The Parish will review with reasonable promptness shop drawings and samples, but its review shall be only for conformance with the design concept of the project and for compliance with the information given in the contract documents. The review of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make any corrections required by the Parish and shall return the required number of corrected copies of shop drawings and resubmit new samples for review. Contractor shall direct specific attention in writing or on resubmitted shop drawings to revisions other than the corrections called for by the Parish on previous submissions. Contractor's stamp of approval on any shop drawing or sample shall constitute a representation to the Parish that Contractor has determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers and similar data and Version 2024 Q1 thereafter assumes full responsibility for doing so, and that it has reviewed or coordinated each shop drawing or sample with the requirements of the work and the contract documents. Where a shop drawing or sample submission is required by the specifications, no related work shall be commenced until the submission has been reviewed by the Parish. A copy of each reviewed shop drawing and each inspected sample shall be kept in good order by Contractor at the site and shall be available to the Parish. The Parish's review of shop drawings or samples shall not relieve Contractor from its responsibility for any deviations from the requirements of the contract documents unless Contractor has in writing called the Parish's attention to such deviation at the time of submission and the Parish has given written approval to the specific deviation, nor shall any review by the Parish relieve Contractor from responsibility for errors or omissions in the shop drawings. The mere submittal of shop drawings which contain deviations from the requirements of plans, specifications and/or previous submittals in itself does not satisfy this requirement. 4.1.2 Record Drawings The Contractor shall keep an accurate record in a manner approved by the Parish of all changes in the contract documents during construction. In work concerning underground utilities, the Contractor shall keep an accurate record in a manner approved by the Parish of all valves, fittings, etc. Before the work is accepted by the Parish, and said acceptance is recorded, the Contractor shall furnish the Parish a copy of this record. Contractor shall keep an accurate drawing measured in the field to the nearest 0.1' of the location of all sewer house connections. The location shown shall be the end of the connection at the property line measured along the main line of pipe from a manhole. Contractor shall keep an accurate drawing of the storm water drainage collection system. Inverts to the nearest 0.01' and top of castings shall be shown as well as location of all structures to the nearest 0.1'. Upon completion of the work, the plan will be given to the Parish. 4.1.3 Progress of Work Contractor shall conduct the work in such a professional manner and with sufficient materials, equipment and labor as is considered necessary to ensure its completion within the time limit specified. The Parish shall issue a Notice to Proceed to the Contractor within twenty (20) calendar days from the date of execution of the contract. Upon mutual consent by both parties, the Notice to Proceed may be extended. The Contractor is to commence work under the contract within ten (10) calendar days from the date the Notice to Proceed is issued by the Parish. The Contractor, immediately after being awarded the contract, shall prepare and submit for the Parish's approval an estimated progress schedule for the work to be performed, as well as a construction signing layout for all roads within the project area. The Contractor shall not start work or request partial payment until the work schedule has been submitted to the Parish for approval. Revisions to the original schedule will be made based on extension of days granted for inclement weather or change orders issued under the contract. No other revision shall be made which affects the original completion or updated completion date, whichever is applicable. Version 2024 Q1 Failure of the Contractor to submit an estimated progress schedule or to complete timely and on schedule the work shown on the progress schedule negates any and all causes or claims by the Contractor for accelerated completion damages. These accelerated damage claims shall be deemed forfeited. Meetings will be held as often as necessary to expedite the progress of the job. Meetings will be held during normal working hours at the jobsite and shall be mandatory for the Contractor and all subcontractors working on the project. Meetings may be requested by the Parish at any time and at the discretion of the Parish. 4.1.4 The Parish’s Right to Proceed with Portions of the Work Upon failure of the Contractor to comply with any notice given in accordance with the provisions hereof, the Parish shall have the alternative right, instead of assuming charge of the entire work, to place additional forces, tools, equipment and materials on parts of the work. The cost incurred by the Parish in carrying on such parts of the work shall be payable by the Contractor. Such work shall be deemed to be carried on by the Parish on account of the Contractor. The Parish may retain all amounts of the cost of such work from any sum due Contractor or those funds that may become due to Contractor under the contract. The Parish may perform additional work related to the project by itself or it may let any other direct contract which may contain similar general conditions. Contractor shall afford the other Contractors who are parties to such different contracts (or the Parish, if it is performing the additional work itself) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate its work with the subsequent work. If any part of Contractor's work depends upon proper execution or results upon the work of any such other Contractor (or the Parish), Contractor shall inspect and promptly report to the Parish in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. Failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship of its work except as to defects and deficiencies which may appear in the other work after the execution of its work. Whatever work is being done by the Parish, other Contractors or by this Contractor, the parties shall respect the various interests of the other parties at all times. The Parish may, at its sole discretion, establish additional rules and regulations concerning such orderly respect of the rights of various interests. Contractor shall do all cutting, fitting and patching of its work that may be required to integrate its several parts properly and fit to receive or be received by such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering work and will only alter work with the written consent of the Parish and of the other Contractors whose work will be affected. If the performance of additional work by other Contractors or the Parish is not noted in the contract documents, written notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by the Parish or others may cause additional expense or entitles an extension of the contract time, the Contractor may Version 2024 Q1 make a claim therefor. The claim must be in writing to the Parish within thirty (30) calendar days of receipt of notice from the Parish of the planned additional work by others. 4.1.5 Time of Completion The Notice to Proceed will stipulate the date on which the Contractor shall begin work. That date shall be the beginning of the contract time charges. Contractor shall notify the Parish through its duly authorized representative, in advance, of where Contractor’s work shall commence each day. A daily log shall be maintained by Contractor to establish dates, times, persons contacted, and location of work. Specific notice shall be made to the Parish if the Contractor plans to work on Saturday, Sunday, or a Parish approved holiday. If notice is not received, no consideration will be given for inclement weather and same shall be considered a valid work day. The work covered by the plans, specifications and contract documents must be completed sufficiently for acceptance within the number of calendar days specified in the quote and/or the contract, commencing from the date specified in the Notice to Proceed. It is hereby understood and mutually agreed, by and between the Contractor and the Parish, that the time of completion is an essential condition of the contract, and it is further mutually understood and agreed that if the Contractor shall neglect, fail or refuse to complete the work within the time specified, or any proper extension thereof granted by the Parish, then the Contractor does hereby agree, as partial consideration for the awarding of the contract, to pay the Parish as specified per Table 4.1.7 in the contract, not as a penalty, but as liquidated damages for such breach of contract for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. It is specifically understood that the Parish shall also be entitled to receive a reasonable attorney fee and all costs in the event that Contractor fails to adhere to this agreement and the contract is referred to counsel for any reason whatsoever. Reasonable attorney fees shall be the prevailing hourly rate of the private sector, and in no event shall the hourly rate be less than $175.00 per hour. All attorney fees shall be paid to the operating budget of the Office of the Parish President. Prior to final payment, the Contractor may, in writing to the Parish, certify that the entire project is substantially complete and request that the Parish or its agent issue a certificate of Substantial Completion. The Parish may grant an extension(s) of time to the Contractor for unusual circumstances which are beyond the control of the Contractor and could not reasonably be foreseen by the Contractor prior to submission of its quote. Any such request must be made in writing to the Parish within seven (7) calendar days following the event occasioning the delay. The Parish shall have the exclusive and unilateral authority to determine, grant, and/or deny the validity of any such claim. Extensions of time for inclement weather shall be processed as follows: Commencing on the start date of each job, the Parish Inspector assigned to same shall keep a weekly log, indicating on each day whether inclement weather has prohibited the Contractor from working on any project within the specific job, based upon the following: 1. Should the Contractor prepare to begin work on any day in which inclement weather, or the conditions resulting from the weather, prevent work from beginning at the usual starting time, and the crew is dismissed as a result, the Contractor will Version 2024 Q1 not be charged for a working day whether or not conditions change during the day and the rest of the day becomes suitable for work. 2. If weather conditions on the previous day prevent Contractor from performing work scheduled, provided that no other work can be performed on any project within the package. The Parish Inspector shall determine if it is financially reasonable to require the Contractor to deviate from the schedule and relocate to another location. 3. If the Contractor is unable to work at least 60% of the normal work day due to inclement weather, provided that a normal working force is engaged on the job. Any dispute of weather conditions as related to a specific job shall be settled by records of the National Weather Service. 4.1.6 Extensions of Time for Change Orders When a change order is issued, the Parish and Contractor will agree on a reasonable time extension, if any, to implement such change. Consideration shall be given for, but not limited to, the following: If material has to be ordered; Remobilization and or relocation of equipment to perform task; and Reasonable time frame to complete additional work. Time extensions for change orders shall be reflected on the official document signed by the Parish and Contractor. At the end of each month, the Parish or its agent will furnish to the Contractor a monthly statement which reflects the number of approved days added to the contract. The Contractor will be allowed fourteen (14) calendar days in which to file a written protest setting forth in what respect the monthly statement is incorrect; otherwise, the statement shall be considered accepted by the Contractor as correct. Apart from extension of time for unavoidable delays, no payment or allowance of any kind shall be made to the Contractor as compensation for damages because of hindrance or delay for any cause in the progress of the work, whether such delay be avoidable or unavoidable. 4.1.7 Liquidated Damages In case the work is not completed in every respect within the time that may be extended, it is understood and agreed that per diem deductions of the sum per Table 4.1.7 for liquidated damages, as stipulated in the quote and/or contract, shall be made from the total contract price for each and every calendar day after and exclusive of the day on which completion was required, and up to the completion of the work and acceptance thereof by the Parish. It is understood and agreed that time is of the essence to the contract, and the above sum being specifically herein agreed upon in advance as the measure of damages to the Parish on account of such delay in the completion of the work. It is further agreed that the expiration of the term herein assigned or as may be extended for performing the work shall, ipso facto, constitute a putting in default, the Contractor hereby waiving any and all notice of default. The Contractor agrees and consents that the contract price, reduced by the aggregate of the entire damages so deducted, shall be Version 2024 Q1 accepted in full satisfaction of all work executed under the contract. It is further understood and agreed that Contractor shall be liable for a reasonable attorney fee and all costs associated with any breach of this agreement, including but not limited to this subsection. In the event that any dispute or breach herein causes referrals to counsel, then Contractor agrees to pay a reasonable attorney fee at the prevailing hourly rate of the private sector. In no event shall the hourly rate be less than $175.00 per hour. Table 4.1.7 Liquidated Damages Original Contract Amount Daily Charge Dollars Dollars 0 - 250,000 500 250,000 – 1 Million 1,000 > 1 Million – 5 Million 1,500 > 5 Million – 10 Million 2,000 > 10 Million 3,000 • Parish reserves the right to increase the Daily charge rate due to additional provisions required in order to complete the project as described in the specifications. 4.1.8 Labor, Materials, Equipment, Supervision, Permits and Taxes The Contractor shall provide and pay for all labor, materials, equipment, supervision, subcontracting, transportation, tools, fuel, power, water, sanitary facilities and all incidentals necessary for the completion of the work in substantial conformance with the contract documents. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the contract documents. It shall at all times maintain good discipline and order at the site. Unless otherwise specifically provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by the contract are to be new and of the best grade of their respective kinds for the purpose intended. Samples of materials furnished under the contract shall be submitted for approval to the Parish when and as directed. Whenever a material or article required is specified or shown on the plans by using the name of a proprietary product or of a particular manufacturer or vendor, any material or article which shall perform adequately the duties imposed by the general design will be considered equal, and satisfactory, providing the material or article so proposed is of equal substance and function and Version 2024 Q1 that all technical data concerning the proposed substitution be approved by the Parish prior to the submission of a quote. The Parish shall have the exclusive and unilateral discretion to determine quality and suitability. Materials shall be properly and securely stored so as to ensure the preservation of quality and fitness for the work, and in a manner that leaves the material accessible to inspection. Materials or equipment may not be stored on the site in a manner such that it will interfere with the continued operation of streets and driveways or other Contractors working on the site. The Contractor, by entering into the contract for this work, sets itself forth as an expert in the field of construction and it shall supervise and direct the work efficiently and with its best skill and attention. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall keep on the work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to the Parish except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The Parish specifically reserves the right to approve and/or disapprove the retention of a new superintendent, all to not be unreasonably withheld. Any foreman or workman employed on this project who disregards orders or instructions, does not perform his work in a proper and skillful manner, or is otherwise objectionable, shall, at the written request of the Parish, be removed from the work and shall be replaced by a suitable foreman or workman. The Contractor and/or its assigned representative shall personally ensure that all subcontracts and divisions of the work are executed in a proper and workmanlike manner, on scheduled time, and with due and proper cooperation. Failure of the Contractor to keep the necessary qualified personnel on the work shall be considered cause for termination of the contract by the Parish. Only equipment in good working order and suitable for the type of work involved shall be brought onto the job and used by the Contractor. The Contractor is solely responsible for the proper maintenance and use of its equipment and shall hold the Parish harmless from any damages or suits for damages arising out of the improper selection or use of equipment. No piece of equipment necessary for the completion of the work shall be removed from the job site without approval of the Parish. All Federal, State and local taxes due or payable during the time of contract on materials, equipment, labor or transportation, in connection with this work, must be included in the amount bid by the Contractor and shall be paid to proper authorities before acceptance. The Contractor shall furnish all necessary permits and certificates and comply with all laws and ordinances applicable to the locality of the work. The cost of all inspection fees levied by any governmental entity whatsoever shall be paid for by the Contractor. In accordance with St. Tammany Police Jury Resolution 86-2672, as amended, the Contractor must provide in a form suitable to the Parish an affidavit stating that all applicable sales taxes for materials used on this project have been paid. Version 2024 Q1 During the period that the contract is in force, neither party to the contract shall solicit for employment or employ an employee of the other. All materials or equipment shown on the drawings or included in these specifications shall be furnished unless written approval of a substitute is obtained from the designer, or the Parish if no separate designer. If a potential supplier wishes to submit for prior approval a particular product other than a product specified in the contract documents, he shall do so no later than seven working days prior to the opening of bids. Within three days, exclusive of holidays and weekends, after such submission, the prime design professional shall furnish to both the public entity and the potential supplier written approval or denial of the product submitted. The burden of proof of the equality of the proposed substitute is upon the proposer and only that information formally submitted shall be used by the designer in making its decision. The decision of the designer/the Parish shall be given in good faith and shall be final. The Contractor may be required to post in each direction a public information sign, 4’ x 4’ in size, at the location of the project containing information required by the Parish. The Parish will supply this information. Additional specifications regarding signage are attached hereto as Attachment “C”. 4.1.9 Quantities of Estimate, Changes in Quantities, Extra Work Whenever the estimated quantities of work to be done and materials to be furnished under the contract are shown in any of the documents, such are given for use in comparing quotes and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish same not to exceed twenty-five percent (25%) by the Parish to complete the work contemplated by the contract. Such increase or diminution shall in no way vitiate the contract, nor shall such increase or diminution give cause for claims or liability for damages. The Parish shall have the right to make alterations in the line, grade, plans, form or dimensions of the work herein contemplated, provided such alterations do not change the total cost of the project, based on the originally estimated quantities, and the unit prices bid by more than twenty- five percent (25%) and provided further that such alterations do not change the total cost of any major item, based on the originally estimated quantities and the unit price bid by more than twenty- five (25%). (A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total contract price, computed on the basis of the proposal quantity and the contract unity price). Should it become necessary, for the best interest of the Parish, to make changes in excess of that herein specified, the same shall be covered by supplemental agreement either before or after the commencement of the work and without notice to the sureties. If such alterations diminish the quantity of work to be done, such shall not constitute a claim for damages for anticipated profits for the work dispensed with, but when the reduction in amount is a material part of the work contemplated, the Contractor shall be entitled to only reasonable compensation as determined by the Parish for overhead and equipment charges which it may have incurred in expectation of the quantity of work originally estimated, unless specifically otherwise provided herein; if the alterations increase the amount of work, the increase shall be paid according to the quantity of work actually done and at the price established for such work under the contract except where, in the opinion of the Parish, the Contractor is clearly entitled to extra compensation. Version 2024 Q1 Without invalidating the contract, the Parish may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. The consent of the surety must first be obtained when necessary or desirable, all at the exclusive discretion of the Parish. All the work of the kind bid upon shall be paid for at the price stipulated in the quote, and no claims for any extra work or material shall be allowed unless the work is ordered in writing by the Parish. Extra work for which there is no price or quantity included in the contract shall be paid for at a unit price or lump sum to be agreed upon in advance in writing by the Parish and Contractor. Where such price and sum cannot be agreed upon by both parties, or where this method of payment is impracticable, the Parish may, at its exclusive and unilateral discretion, order the Contractor to do such work on a force account basis. In computing the price of extra work on a force account basis, the Contractor shall be paid for all foremen and labor actually engaged on the specific work at the current local rate of wage for each and every hour that said foremen and labor are engaged in such work, plus ten percent (10%) of the total for superintendence, use of tools, overhead, direct & indirect costs/expenses, pro-rata applicable payroll taxes, pro-rata applicable workman compensation benefits, pro-rata insurance premiums and pro-rata reasonable profit. The Contractor shall furnish satisfactory evidence of the rate or rates of such insurance and tax. The Contractor will not be able to collect any contribution to any retirement plans or programs. For all material used, the Contractor shall receive the actual cost of such material delivered at the site of the work, as shown by original receipted bill, to which shall be added five percent (5%). There will be absolutely no additional surcharges or additional fees attached hereto with respect to this subsection. For any equipment used that is owned by the Contractor, the Contractor shall be allowed a rental based upon the latest prevailing rental price, but not to exceed a rental price as determined by the Associated Equipment Distributors (A.E.D. Green Book). The Contractor shall also be paid the actual costs of transportation for any equipment which it owns and which it has to transport to the project for the extra work. There will be absolutely no additional surcharges or additional fees attached hereto with respect to this subsection. If the Contractor is required to rent equipment for extra work, but not required for contract items, it will be paid the actual cost of rental and transportation of such equipment to which no percent shall be added. The basis upon which rental cost is to be charged shall be agreed upon in writing before the work is started. Actual rental and transportation costs shall be obtained from receipted invoices and freight bills. No compensation for expenses, fees or costs incurred in executing extra work, other than herein specifically mentioned herein above, will be allowed. A record of extra work on force account basis shall be submitted to the Parish on the day following the execution of the work, and no less than three copies of such record shall be made on suitable forms and signed by both the Parish or its representative on the project and the Contractor. All bids for materials used on extra work shall be submitted to the Parish by the Contractor upon certified statements to which will be attached original bills covering the costs of such materials. Version 2024 Q1 Payment for extra work of any kind will not be allowed unless the same has been ordered in writing by the Parish. 4.1.10 Injuries to Persons and Property The Contractor shall be held solely and exclusively responsible for all injuries to persons and for all damages to the property of the Parish or others caused by or resulting from the negligence of itself, its employees or its agents, during the progress of or in connection with the work, whether within the limits of the work or elsewhere under the contract proper or as extra work. This requirement will apply continuously and not be limited to normal working hours or days. The Parish's construction review is for the purpose of checking the work product produced and does not include review of the methods employed by the Contractor or to the Contractor's compliance with safety measures of any nature whatsoever. The Contractor agrees to pay a reasonable attorney fee and other reasonable attendant costs of the Parish in the event it becomes necessary for the Parish to employ an attorney to enforce this section or to protect itself against suit over the Contractor's responsibilities. Attorney fees shall be at the prevailing hourly rate of the private sector. The attorney fee hourly rate shall not be less than $175.00 per hour. All attorney fees collected shall be paid to the operating budget of the Office of the Parish President. The Contractor must protect and support all utility infrastructures or other properties which are liable to be damaged during the execution of its work. It shall take all reasonable and proper precautions to protect persons, animals and vehicles or the public from the injury, and wherever necessary, shall erect and maintain a fence or railing around any excavation, and place a sufficient number of lights about the work and keep same burning from twilight until sunrise, and shall employ one or more watchmen as an additional security whenever needed. The Contractor understands and agrees that the Parish may request that security be placed on the premises to ensure and secure same. The Parish shall exclusive authority to request placement of such security. Contractor agrees to retain and place security as requested, all at the sole expense of Contractor. Additional security shall not be considered a change order or reason for additional payment by the Parish. The Contractor must, as far as practicable and consistent with good construction, permit access to private and public property and leave fire hydrants, catch basins, streets, etc., free from encumbrances. The Contractor must restore at its own expense all injured or damaged property caused by any negligent act of omission or commission on its part or on the part of its employees or subcontractors, including, but not limited to, sidewalks, curbing, sodding, pipes conduits, sewers, buildings, fences, bridges, retaining walls, tanks, power lines, levees or any other building or property whatsoever to a like condition as existed prior to such damage or injury. In case of failure on the part of the Contractor to restore such property or make good such damage, the Parish may upon forty-eight (48) hours’ notice proceed to repair or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become due under its contract. Contractor agrees to protect, defend, indemnify, save, and hold harmless St. Tammany Parish Government, its elected and appointed officials, departments, agencies, boards and commissions, their officers, agents servants, employees, including volunteers, from and against any and all claims, demands, expense and liability arising out of injury or death to any person or the damage, loss or destruction of any property to the extent caused by any negligent act or omission or willful misconduct of Contractor, its agents, servants, employees, and subcontractors, or any and all costs, expense and/or attorney fees incurred by St. Tammany Parish Government as a result of any claim, demands, and/or causes of action that results from the negligent Version 2024 Q1 performance or non-performance by Contractor, its agents, servants, employees, and subcontractors of the contract. Contractor agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto caused by any negligent act or omission or willful misconduct of Contractor, its agents, servants, employees, and subcontractors. As to any and all claims against the Parish, its agents, assigns, representatives or employees by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts as may be liable, the indemnification obligation shall not be limited in any way or by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. No road shall be closed by the Contractor to the public except by written permission of the Parish. If so closed, the Contractor shall maintain traffic over, through and around the work included in his contract, with the maximum practical convenience, for the full twenty-four hours of each day of the contract, whether or not work has ceased temporarily. The Contractor shall notify the Parish at the earliest possible date after the contract has been executed and, in any case, before commencement of any construction that might in any way inconvenience or endanger traffic, in order that necessary and suitable arrangements may be determined. Any and all security, maintenance, labor or costs associated with traffic control herein shall be at the sole expense of Contractor. This expense shall be paid directly by the Contractor. This expense shall not be considered as a change order nor shall it allow the Contractor any additional cost reimbursement whatsoever. All traffic deviations herein shall be coordinated with the appropriate law enforcement officials of the Parish. The convenience of the general public and residents along the works shall be provided for in a reasonable, adequate and satisfactory manner. Where existing roads are not available as detours, and unless otherwise provided, all traffic shall be permitted to pass through the work. In all such cases, the public shall have precedence over Contractor's vehicles insofar as the traveling public's vehicles shall not be unduly delayed for the convenience of the Contractor. In order that all unnecessary delay to the traveling public may be avoided, the Contractor shall provide and station competent flagmen whose sole duties shall consist of directing and controlling the movement of public traffic either through or around the work. Any and all security, maintenance, labor or costs associated with traffic control herein shall be at the sole expense of Contractor. This expense shall be paid directly by the Contractor. This expense shall not be considered as a change order nor shall it allow the Contractor any additional cost reimbursement whatsoever. All traffic deviations herein shall be coordinated with the appropriate law enforcement officials of the Parish. The Contractor shall arrange its work so that no undue or prolonged blocking of business establishments will occur. Material and equipment stored on the right of way or work site shall be so placed and the work at times shall be so conducted as to ensure minimum danger and obstruction to the traveling public. During grading operations when traffic is being permitted to pass through construction, the Contractor shall provide a smooth, even surface that will provide a satisfactory passageway for use of traffic. The road bed shall be sprinkled with water if necessary to prevent a dust nuisance, provided the dust nuisance is a result of the work. Version 2024 Q1 Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than permitted by ordinances, rules or regulations or within fifteen (15) feet of a fire hydrant, in the absence of such ordinance, rules or regulations. The Contractor shall not, without the written permission of the Parish, do work for a resident or property owner Parish abutting the work at the time that this work is in progress. No work of any character shall be commenced on railroad right-of-way until the railroad company has issued a permit to the Parish and has been duly notified by the Contractor in writing (with a copy forwarded to the Parish) of the date it proposes to begin work, and until an authorized representative of the railroad company is present, unless the railroad company waives such requirements. All work performed by the Contractor within the right-of-way limits of the railroad shall be subject to the inspection and approval of the chief engineer of the railroad company or its authorized representative. Any precautions considered necessary by said chief engineer to safeguard the property, equipment, employees and passengers of the railroad company shall be taken by the Contractor without extra compensation. The Contractor shall, without extra compensation, take such precautions and erect and maintain such tell-tale or warning devices as the railroad company considers necessary to safeguard the operation of its trains. The temporary vertical and horizontal clearance specified by the chief engineer of the railroad company in approving these shall be maintained at all times. No steel, brick, pipe or any loose material shall be left on the ground in the immediate vicinity of the railway track. Before any work is done within railroad right of way, the Contractor shall provide and pay all costs of any special insurance requirements of the railroad. The Contractor, shall, without extra compensation, provide, erect, paint and maintain all necessary barricades. Also, without extra compensation, the Contractor shall provide suitable and sufficient lights, torches, reflectors or other warning or danger signals and signs, provide a sufficient number of watchmen and flagmen and take all the necessary precautions for the protection of the work and safety of the public. The Contractor shall erect warning signs beyond the limits of the project, in advance of any place on the project where operations interfere with the use of the road by traffic, including all intermediate points where the new work crosses or coincides with the existing road. All barricades and obstructions shall be kept well painted and suitable warning signs shall be placed thereon. All barricades and obstructions shall be illuminated at night and all lights or devices for this purpose shall be kept burning from sunset to sunrise. Whenever traffic is maintained through or over any part of the project, the Contractor shall clearly mark all traffic hazards. No direct payment will be made for barricades, signs and illumination therefore or for watchmen or flagmen. The Contractor will be solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. The duty of the Parish to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures, in, or near the construction site. Version 2024 Q1 4.1.11 Sanitary Provisions The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees as may be necessary to comply with the rules and regulations of the State Health Agency or of the other authorities having jurisdiction and shall permit no public nuisance. 4.1.12 Rights of Way The Parish will furnish the Contractor with all necessary rights-of-way for the prosecution of the work. The rights of way herein referred to shall be taken to mean only permission to use or pass through the locations or space in any street, highway, public or private property in which the Contractor is to prosecute the work. It is possible that all lands and rights of way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin its work upon such land and rights of way as the Parish may have previously acquired. Any delay in furnishing these lands by the Parish can be deemed proper cause for adjustment in the contract amount and/or in the time of completion. 4.1.13 Protection and Restoration of Property and Landscape The Contractor shall not enter upon private property for any purpose without first obtaining permission from the Parish, as well as the private property owner and/or and private property lessees. The Contractor shall use every precaution necessary for the preservation of all public and private property, monuments, highway signs, telephone lines, other utilities, etc., along and adjacent to the work; the Contractor shall use every precaution necessary to prevent damage to pipes, conduits, and other underground structures; and shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. The street and highway signs and markers that are to be affected by the work shall be carefully removed when the work begins and stored in a manner to keep them clean and dry. The Contractor must obtain all necessary information in regard to existing utilities and shall give notice in writing to the owners or the proper authorities in charge of streets, gas, water, pipes, electric, sewers and other underground structures, including conduits, railways, poles and pole lines, manholes, catch basins, fixtures, appurtenances, and all other property that may be affected by the Contractor's operations, at least forty-eight (48) hours before its operations will affect such property. The Contractor shall not hinder or interfere with any person in the protection of such work or with the operation of utilities at any time. When property, the operation of railways, or other public utilities are endangered, the Contractor shall at its own expense, maintain flagmen or watchmen and any other necessary precautions to avoid interruption of service or damage to life or property, and it shall promptly repair, restore, or make good any injury or damage caused by its negligent operations in an acceptable manner. The Contractor must also obtain all necessary information in regard to the installation of new cables, conduits, and transformers, and make proper provisions and give proper notifications, in order that same can be installed at the proper time without delay to the Contractor or unnecessary inconvenience to the owner. The Contractor shall not remove, cut or destroy trees, shrubs, plants, or grass that are to remain in the streets or those which are privately owned, without the proper authority. Unless otherwise provided, the Contractor shall replace and replant all plants, shrubs, grass and restore the grounds back to its original good condition to the satisfaction of the Parish and/or the property Version 2024 Q1 owner. The Contractor shall assume the responsibility of replanting and guarantees that plants, shrubs, grass will be watered, fertilized and cultivated until they are in a growing condition. No direct payment will be made for removing and replanting of trees, shrubs, plants or grass unless such items are set forth in the quote. When or where direct damage or injury is done to public or private property by or on account of any negligent act, omission, neglect or otherwise of the Contractor, it shall make good such damage or injury in an acceptable manner. 4.1.14 Contractor’s Responsibility for Work Until final acceptance of the work by the Parish as evidence by approval of the final estimate, the work shall be in the custody and under the charge and care of the Contractor and it shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from the non-execution of the work; unless otherwise provided for elsewhere in the specifications or contract. The Contractor shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the work from any cause whatever, the Contractor shall be responsible for all materials and shall properly and securely store same, and if necessary, shall provide suitable shelter from damage and shall erect temporary structures where necessary. If in the exclusive discretion of the Parish, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of its subcontractors to so protect the work, such materials shall be removed and replaced at the sole expense of the Contractor. Such amount shall be deducted from any sum due or to be due Contractor. The Contractor shall give all notice and comply with all Federal, State, and local laws, ordinances, and regulations in any manner affecting the conduct of the work, and all such orders and decrees as exist, or may be enacted by bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and hold harmless the Parish against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order or decree, whether by itself, its employees or subcontractors. 4.1.15 Tests and Inspections; Correction and Removal of Defective Work Contractor warrants and guarantees to the Parish that all materials and equipment will be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the requirements of the contract documents. All unsatisfactory work, all faulty or defective work and all work not conforming to the requirements of the contract documents at the time of acceptance shall be considered defective. Prompt and reasonable notice of all defects shall be given to the Contractor. If the contract documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by some public body, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish the Parish the required certificates of inspection, testing or approval. All other inspections, tests and approval required by the contract documents shall be performed by organizations acceptable to the Parish and Contractor and the costs thereof shall be borne by the Contractor unless otherwise specified. Version 2024 Q1 Contractor shall give the Parish timely notice of readiness of the work for all inspections, tests or approvals. If any such work required to be inspected, tested or approved is covered without written approval of the Parish, it must, if requested by the Parish, be uncovered for observation, and such uncovering shall be at Contractor's expense unless Contractor has given the Parish timely notice of its intention to cover such work and the Parish has not acted with reasonable promptness in response to such notice. Neither observations by the Parish nor inspections, tests or approvals shall relieve Contractor from its obligations to perform the work in accordance with the requirements of the contract document. The Parish and its representatives will at reasonable times have access to the work. Contractor shall provide proper and safe facilities for such access and observation of the work and also for any inspection or testing thereof by others. If any work is covered contrary to the written request of the Parish, it must, be uncovered for the Parish’s observation and replaced at Contractor's expense. If any work has been covered which the Parish has not specifically requested to observe prior to its being covered, or if the Parish considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Parish's request, shall uncover, expose or otherwise make available for observations, inspections or testing as the Parish may require, that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, Contractor shall be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if the Contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, the Parish may order Contractor to stop the work, or any portion thereof, until the cause of such order has been eliminated; however, this right of the Parish to stop the work shall not give rise to any duty on the part of the Parish to exercise this right for the benefit of Contractor or any other party. Prior to approval of final payment, Contractor shall promptly, without cost to the Parish and as specified by the Parish, either correct any defective work, whether or not fabricated, installed or completed, or if the work has been rejected by the Parish, remove it from the site and replace it with non-defective work. If Contractor does not correct such defective work or remove and replace such rejected work within a reasonable time, all as specified in a written notice from the Parish, the Parish may have the deficiency corrected or the rejected work removed and replaced. All direct or indirect costs of such correction or removal and replacement including compensation for additional professional services shall be paid by Contractor, and an appropriate deductive Change Order shall be issued. Contractor shall also bear the expense of making good all work of others destroyed or damaged by its correction, removal or replacement of its defective work. If, after the approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the contract documents, any work is found to be defective, Contractor shall promptly, without cost to the Parish and in accordance with the Parish's Version 2024 Q1 written instructions, either correct such defective work or if it has been rejected by the Parish, remove it from the site and replace it with non-defective work. If Contractor does not promptly comply with the terms of such instructions, the Parish may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The Contractor agrees to pay a reasonable attorney fee and other reasonable attendant costs of the Parish in the event it becomes necessary for the Parish to employ an attorney to enforce this section or to protect itself against suit over the Contractor's responsibilities. Attorney fees shall be at the prevailing hourly rate of the private sector. The attorney fee hourly rate shall not be less than $175.00 per hour. All attorney fees collected shall be paid to the operating budget of the Office of the Parish President. If, instead of requiring correction or removal and replacement of defective work, the Parish (and prior to approval of final payment) prefers to accept it, the Parish may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the contract documents, including appropriate reduction in the contract price, or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by Contractor to the Parish. If Contractor should fail to progress the work in accordance with the contract documents, including any requirements of the progress schedule, the Parish, after seven (7) days written notice to Contractor, may, without prejudice to any other remedy the Parish may have, make good such deficiencies and the cost thereof including compensation for additional professional services shall be charged against Contractor. In such cases, a Change Order shall be issued incorporating the necessary revisions in the contract documents including an appropriate reduction in the contract price. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to the Parish. The Parish may appoint representatives to make periodic visits to the site and observe the progress and quality of the executed work. These representatives shall be governed by the same restrictions placed on the Parish by these specifications. The governing body of the Federal, State or local government exercising authority in the area of the work may appoint representatives to observe the progress and quality of the work. Contractor shall cooperate with and assist these representatives in the performance of their duties. The Contractor shall be responsible for the faithful execution of its contract and the presence or absence of the Parish's or Government's Representative is in no way or manner to be presumed or assumed to relieve in any degree the responsibility or obligation of the Contractor. The Contractor shall notify the Parish and the Governmental Agency having jurisdiction as to the exact time at which it is proposed to begin work so the Parish may provide for inspection of all materials, foundations, excavations, equipment, etc., and all or any part of the work and to the preparation or manufacture of materials to be used whether within the limits of the work or at any other place. The Parish or its representatives shall have free access to all parts of the work and to all places where any part of the materials to be used are procured, manufactured or prepared. The Contractor shall furnish the Parish all information relating to the work and the material therefor, which may be deemed necessary or pertinent, and with such samples of materials as may be required. The Contractor, at its own expense, shall supply such labor and assistance as may be Version 2024 Q1 necessary in the handling of materials for proper inspection or for inspection of any work done by it. No verbal instructions given to the Contractor by the Parish, project representative or any of their agents shall change or modify the written contract. Contractors shall make no claims for additional payments or time based upon verbal instructions. 4.1.16 Subsurface Conditions It is understood and agreed that the Contractor is familiar with the subsurface conditions that will be encountered and its price bid for the work includes all of the costs involved for work in these conditions and it is furthermore agreed that it has taken into consideration, prior to its quote and acceptance by the Parish, all of the subsurface conditions normal or unusual that might be encountered in the location of the work. Should the Contractor encounter during the progress of the work subsurface conditions at the site materially differing from those shown on the drawings or indicated in the specifications, the attention of the Parish shall be directed to such conditions before the conditions are disturbed. If the Parish finds that the conditions materially differ from those shown on the drawings or indicated in the specifications, it shall at once make such changes in the drawings or specifications as it may find necessary, and any increase or decrease in cost or extension of time resulting from such changes shall be adjusted in the same manner as provided for changes for extra work. The Contractor shall submit breakdowns of all costs in a manner as instructed and approved by the Parish. 4.1.17 Removal and Disposal of Structures and Obstructions Respondent shall thoroughly examine the site of the work and shall include in its quote the cost of removing all structures and obstructions in the way of the work. The Contractor shall remove any existing structures or part of structures, fence, building or other encumbrances or obstructions that interfere in any way with the work. Compensations for the removal of any structure shall be made only if the item(s) to be removed was/were listed as pay item(s) on the quote. If called for in the special conditions, all privately and publicly owned materials and structures removed shall be salvaged without damage and shall be piled neatly and in an acceptable manner upon the premises if it belongs to an abutting property owner Parish, otherwise at accessible points along the improvements. Materials in structures which are the property of the Parish or property of any public body, private body or individual which is fit for use elsewhere, shall remain property of the original owner. It shall be carefully removed without damage, in sections which may be readily transported; same shall be stored on or beyond the right of way. The Contractor will be held responsible for the care and preservation for a period of ten (10) days following the day the last or final portion of the materials stored at a particular location are placed thereon. When privately owned materials are stored beyond the right of way, the Contractor will be held responsible for such care and preservation for a period of ten (10) days responsibility period for care and preservation of the materials begins. The Contractor must furnish the Parish with evidence satisfactory that the proper owner of the materials has been duly notified by the Contractor that the said owner must assume responsibility for its materials on the date following the Contractor's ten (10) day responsibility. Version 2024 Q1 4.1.18 The Parish’s Right to Occupancy The Parish shall have the right to use, at any time, any and all portions of the work that have reached such a stage of completion as to permit such occupancy, provided such occupancy does not hamper the Contractor or prevent its efficient completion of the contract or be construed as constituting an acceptance of any part of the work. The Parish shall have the right to start the construction of houses, structures or any other building concurrent with the Contractor's work. 4.1.19 Survey Horizontal and Vertical Control The Parish shall provide surveys for construction to establish reference points which in its judgment are necessary to enable Contractor to layout and proceed with its work. Contractor shall be responsible for surveying and laying out the work and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Parish. Contractor shall report to the Parish whenever any reference point is lost or destroyed and the Parish shall decide if the reference point shall be replaced by its or the Contractor's forces. The Contractor shall establish lines and grades with its own forces in sufficient number and location for the proper execution of the work. If the Contractor, during the construction, damages the established property corners and/or other markers and thereafter requests the Parish to re-stake same in order to complete the project, this expense will be borne solely by the Contractor. 4.2 Compliance With Applicable Laws Respondents shall familiarize themselves with and shall comply with all applicable Federal and State laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over construction of the project, which may directly or indirectly affected the work or its prosecution. These laws, rules, regulations, and/or ordinances will be deemed to be included in the contract, as though herein written in full. 4.3 Site Visitation Each Respondent shall visit the site of the proposed work and fully acquaint itself with all surface and subsurface conditions as they may exist so that it may fully understand this Quote Request. Respondent shall also thoroughly examine and be familiar with drawings, specifications, and contract documents. The failure or omission of any Respondent to receive or examine any form, instrument, drawing or document or to visit the site and acquaint itself with existing conditions shall in no way relieve any Respondent from any obligation with respect to its quote and obligations under the contract. Version 2024 Q1 PART V: GENERAL PROVISIONS 5.1 Legibility/Clarity Responses to the requirements of this Quote Request in the formats requested are desirable. Quotes prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of the Quote Request is also desired. Each Respondent is solely responsible for the accuracy and completeness of its quote. 5.2 Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the quote. The cost quote will not be considered confidential under any circumstance. Any quote copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (LSA- R.S. 44.1, et. seq.) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Respondents are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Respondent at the time of submission of its Technical Proposal. Respondents should refer to the Louisiana Public Records Act for further clarification. The Respondent must clearly designate the part of the quote that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Respondent shall mark the cover sheet of the quote with the following legend, specifying the specific section(s) of his quote sought to be restricted in accordance with the conditions of the legend: “The data contained in pages _____of the quote have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Respondent as a result of or in connection with the submission of this quote, the Parish of St. Tammany shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the Parish of St. Tammany’s right to use or disclose data obtained from any source, including the Respondent, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. Respondents must be prepared to defend the reasons why the material should be held confidential. If a competing respondent or other person seeks review or copies of another respondent's confidential data, the Parish will notify the Parish of the asserted data of the request. If the Parish of the asserted data does not want the information disclosed, it must agree to indemnify the Parish and hold the Parish harmless against all actions or court proceedings that may ensue (including attorney's fees), which seek to order the Parish to disclose the information. If the Parish of the asserted data refuses to indemnify and hold the state harmless, the Parish may disclose the information. Version 2024 Q1 The Parish reserves the right to make any quote, including proprietary information contained therein, available to Parish personnel, the Parish Council, or other Parish and state agencies or organizations for the sole purpose of assisting the Parish in its evaluation of the quote. The Parish shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. If your quote contains confidential information, you should also submit a redacted copy along with your quote. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of notification from the Procurement Department. When submitting your redacted copy, you should clearly mark the cover as such - “REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information have been removed. 5.3 Quote Clarifications Prior to Submittal 5.3.1 Pre-Quote Conference Omitted as not applicable to this Quote Request. 5.3.2 Respondent Inquiry Periods The Parish shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and Parish operations. The Parish reasonably expects and requires responsible and interested Respondents to conduct their in-depth quote review and submit inquiries in a timely manner. An inquiry period is hereby firmly set for all interested Respondents to perform a detailed review of the quote documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the Respondent, clearly cross-referenced to the relevant solicitation section. All inquiries must be received by the Inquiry Deadline date and time set forth in Section 1.3 Schedule of Events of this Quote Request. Only those inquiries received by the established deadline shall be considered by the Parish. Inquiries received after the established deadline shall not be entertained. Inquiries concerning this solicitation may be delivered by e-mail or hand-delivery to: St. Tammany Parish Government Procurement Department Attn: Director of Procurement 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 E-Mail: procurement@stpgov.org An addendum will be issued and posted on LaPAC (Louisiana Procurement and Contract Network)https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 to address all inquiries received and any other changes or clarifications to the solicitation. Thereafter, all quote documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any Respondent as a result of any oral discussions with any Parish employee or Parish consultant. It is the Respondent’s responsibility to check the Parish website frequently for any possible addenda that may be issued. The Parish is not responsible mailto:procurement@stpgov.org https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 Version 2024 Q1 for a Respondent’s failure to download any addenda documents required to complete a Quote Request. 5.4 Errors and Omissions in Quote The Parish will not be liable for any error in the quote. Respondent will not be allowed to alter quote documents after the deadline for quote submission, except under the following condition: the Parish reserves the right to make corrections or clarifications due to patent errors identified in quotes by the Parish or the Respondent. The Parish, at its option, has the right to request clarification or additional information from the Respondent. 5.5 Performance Bond For projects costing twenty-five thousand dollars ($25,000) or more, the successful Respondent shall be required to provide a performance (surety) bond in the amount of one hundred percent (100%) of the project cost to insure the successful performance under the terms and conditions of the contract negotiated between the successful Respondent and the Parish. The contract shall not be in force or binding upon the Parish until such satisfactory bond has been provided to and approved by the Parish. The cost of the bond shall be paid by the Contractor. Any performance bond furnished shall be written by a surety or insurance company currently on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide to write individual bonds up to 10 percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide or by an insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds. No surety or insurance company shall write a performance bond which is in excess of the amount indicated as approved by the U.S. Department of the Treasury Financial Management Service list or by a Louisiana domiciled insurance company with an A- rating by A.M. Best up to a limit of 10 percent of policyholders' surplus as shown by A.M. Best; companies authorized by this Paragraph who are not on the treasury list shall not write a performance bond when the penalty exceeds 15 percent of its capital and surplus, such capital and surplus being the amount by which the company's assets exceed its liabilities as reflected by the most recent financial statements filed by the company with the Department of Insurance. The performance bond is to be provided within 10 working days from request. Failure to provide within the time specified may cause your offer to be rejected. In addition, any performance bond furnished shall be written by a surety or insurance company that is currently licensed to do business in the state of Louisiana. Should the Contractor's surety, even though approved and accepted by the Parish, subsequently remove its agency or representative from the State or become insolvent, bankrupt, or otherwise fail, the Contractor shall immediately furnish a new bond in another company approved by the Parish, at no cost to the Parish. The new bond shall be executed under the same terms and conditions as the original bond. The new bond shall be submitted within thirty (30) days of such time as the Parish notifies Contractor or from the time Contractor learns or has reason to know that the original surety is no longer financially viable or acceptable to the Parish, whichever occurs Version 2024 Q1 first. In the event that Contractor fails or refuses to timely secure additional surety, then the Parish may secure such surety and thereafter deduct such cost or expense from any sum due, or to become due to Contractor. The Contractor's bondsman shall obligate itself to all the terms and covenants of these specifications and of contracts covering the work executed hereunder. The Parish reserves the right to do extra work or make changes by altering, adding to deducting from the work under the conditions and in the manner herein described without notice to the Contractor's surety and without in any manner affecting the liability of bondsman or releasing it from any of its obligations hereunder. The bond shall also secure for the Parish the faithful performance of the contract in strict accordance with plans, specifications, and other contract documents. It shall protect the Parish against all lien laws of the State and shall provide for payment of reasonable attorney's fees for enforcement of the contract and institution of concursus proceedings, if such proceedings become necessary. Likewise, it shall provide for all additional expenses of the Parish occurring through failure of the Contractor to perform. The surety of the Contractor shall declare and acknowledge itself by acceptance of the contract to be bound to the Parish as a guarantor, jointly and in solido, with the Contractor, for fulfillment of terms of the contract. The performance bond forming part of the contract shall be continued by Contractor and its surety for a period of one (1) year from date of acceptance of the work/project by the Parish to assure prompt removal and replacement of all defective material, equipment, components thereof, workmanship, etc., and to assure payment of any damage to property of the Parish or others as a result of such defective materials, equipment, workmanship, etc. Contractor authorizes Parish to deduct from any payment due herein costs and service fees for recordation of this Contract in full or an excerpt hereof, or any revisions or modifications thereof as required by law. Contractor agrees to execute an excerpt or extract of this agreement for recordation purposes. If Contractor fails to execute such an excerpt, then the Parish shall file and record the entire Contract and all attachments at the expense of Contractor and Parish is hereby authorized to deduct all related costs from any proceeds due to the Contractor. Contractor shall pay for cost and any service fee for recording the contract, bond, and any change orders required to be recorded, as well as the cost of canceling any of the foregoing. Contractor shall also secure and pay for all Clear Lien and Privilege Certificates (together with any updates) which will be required before any final payment is made, and that may be required before any payment, at the request of the Parish, its representative, agent, architect, engineer and the like. 5.6 Changes, Addenda, Withdrawals The Parish reserves the right to change the Schedule of Events or issue Addenda to the Quote Request at any time. The Parish also reserves the right to cancel or reissue the Quote Request. If the Respondent needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Respondent, cross-referenced clearly to the relevant quote section, prior to the quote opening. Such shall meet all requirements for the quote. Version 2024 Q1 5.7 Withdrawal of Quote A Respondent may withdraw a quote that has been submitted at any time up to the quote closing date and time. To accomplish this, a written request signed by the authorized representative of the Respondent must be submitted to the Procurement Department. 5.8 Material in the Quote Request Quotes shall be based only on the material contained in this Quote Request. The Quote Request includes official responses to questions, addenda, and other material, which may be provided by the Parish pursuant to the Quote Request. 5.9 Waiver of Administrative Informalities The Parish reserves the right, at its sole discretion, to waive administrative informalities contained in any quote. 5.10 Quote Rejection Issuance of this Quote Request in no way constitutes a commitment by the Parish to award a contract. The Parish reserves the right to accept or reject any or all quotes submitted or to cancel this Quote Request if it is in the best interest of the Parish to do so. 5.11 Ownership of Quote All materials (paper content only) submitted in response to this request become the property of the Parish. Selection or rejection of a quote does not affect this right. All quotes submitted will be retained by the Parish and not returned to Respondents. Any copyrighted materials in the quotes are not transferred to the Parish. 5.12 Cost of Offer Preparation The Parish is not liable for any costs incurred by prospective Respondents or Contractors prior to issuance of or entering into a contract. Costs associated with developing the quote, preparing for oral presentations, and any other expenses incurred by the Respondent in responding to the Quote Request are entirely the responsibility of the Respondent, and shall not be reimbursed in any manner by the Parish. 5.13 Non-negotiable Contract Terms Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds. 5.14 Taxes Any taxes, other than state and local sales and use taxes, from which the Parish is exempt, shall be assumed to be included within the Respondent’s cost. Version 2024 Q1 5.15 Quote Validity All quotes shall be considered valid for acceptance until such time an award is made, unless the Respondent provides for a different time period within its quote. However, the Parish reserves the right to reject a quote if the Respond