NIRC - BUILDING 29 - 1ST FL CAGE AREA MOD DUE 2:00PM OPENS 3:00PM

Purchasing Office P.O. Box 40197 • Lafayette, LA 70504-0197 Office: (337) 482-5396 Fax: (337) 482-5059 Solicitation File No. 24213- Requisition No. R1623101 24213 SOLICITATION TABLE OF CONTENTS NIRC – BUILDING 29 CAGE AREA MODIFICATIONS Page No. 1. BIDDER CERTIFICATION INFORMATION ..................................................................................................1 2. SCOPE OF WORK ........................................................................................................................................2 3. COMPLIANCE TO SCHEDULE/LIQUIDATED DAMAGES ...........................................................................2 4. BID SECURITY REQUIREMENTS .................................................................................................................2 5. LOUISIANA CONTRACTORS LICENSE REQUIREMENTS ...........................................................................2 6. BUSINESS HOURS

.......................................................................................................................................3 7. SITE VISIT CONTACT INFORMATION ........................................................................................................3 8. PRE-BID MEETING INFORMATION ...........................................................................................................3 9. DETAILED SPECIFICATIONS ........................................................................................................................4 10. ALTERNATE(S) ...........................................................................................................................................4 11. ELECTRONIC BID SUBMISSION GUIDELINES ...........................................................................................5 12. VENDOR CHECKLIST ...................................................................................................................................6 13. QUESTIONS DEADLINE ...............................................................................................................................6 14. LOUISIANA UNIFORM PUBLIC WORK BID FORM ....................................................................................7 15. ATTESTATIONS AFFIDAVIT FORM .........................................................................................................8 16. NON-COLLUSION AFFIDAVIT FORM .....................................................................................................10 17. INSTRUCTIONS TO BIDDERS (Articles 1-9) .............................................................................................12 18. SUPPLEMENTARY CONDITIONS (Articles 1-5, 7-15) ............................................................................19 19. INSURANCE REQUIREMENTS .................................................................................................................38 20. GENERAL REQUIREMENTS ......................................................................................................................40 21. SPECIFICATIONS................................................................................................................ATTACHMENT A 22. DRAWINGS............................................................................................................................ADDENDUM 1 File No. 24213 (R1623101) Page 1 of 42 UNIVERSITY OF LOUISIANA AT LAFAYETTE Lafayette, Louisiana PROPOSAL FOR FURNISHING ALL LABOR, MATERIALS, EQUIPMENT, TRANSPORTATION, SUPERVISION, PERMITS, ETC. NECESSARY FOR THE NIRC BUILDING 29 – 1ST FLOOR CAGE AREA MODIFICATIONS, LOCATED ON THE UL LAFAYETTE CAMPUS, IN NEW IBERIA, LOUISIANA. BID DEADLINE The Purchasing Office at the University of Louisiana at Lafayette will electronically receive proposals for this solicitation up to the above-mentioned date and time. Proposals will not be received after this specified hour and date. Bids will be publicly opened and read by a designated employee of the Purchasing Department. This is a Competitive Sealed Bid. See Guidelines for Electronic Submission of Bids and Virtual Bid Openings in the following pages of this solicitation, which contains complete details for submitting bids. Further information can be found in the attached INSTRUCTIONS TO BIDDERS. Bidders submitting bids in the amount of $50,000.00 or more SHALL show their license number in the subject line of their electronic bid submission; bids not submitted in accordance with this requirement, SHALL be rejected and shall not be read. Bid must be received by the due date and time in the Purchasing Office as per the instructions outlined in this solicitation. Bid must be submitted with the BID NUMBER IN THE SUBJECT LINE of the electronic submission. The public bid opening will take place on Tuesday, March 26, 2024 at 3:00PM on Zoom, which is available for viewing by registering at https://ullafayette.zoom.us/meeting/register/tJYkc-GurDgrG9V2io3MjbeSPomJcirnn45e Meeting ID: 929 4862 3111 Password: 716390 All inquiries regarding this request shall be directed to the Director of Purchasing at (337) 482-2955 or purchasing@louisiana.edu. Attached is the completed proposal of the firm listed below. The undersigned certifies that he/she (or they) has/have carefully examined the Instructions to Bidders, the General Conditions, and the Specifications hereto attached and made part herein, and agrees to comply with the instructions, conditions, and specifications, as covered by the attached papers. On the basis of the specifications, the undersigned proposes to furnish any or all items listed in the schedule of items hereto attached, upon which prices are requested, and at the price stated for each item. __________________________________ ___________________________________ Firm Name Signature [By signing this bid, bidder certifies compliance with La. R.S. 38:2212(A)(1)(c) or RS 38:2212(0)] __________________________________ ___________________________________ Address Name (Printed) __________________________________ ___________________________________ City, State, Zip Code Title __________________________________ ___________________________________ Telephone No. including area code Date _________________________________ ____________________________________ Louisiana Contractor’s License Number E-Mail SOLICITATION FILE NO. 24213 TITLE: NIRC BUILDING 29 – 1ST FLOOR CAGE AREA MODIFICATIONS ------------------------------------------------------------------------------------------------------------ OPTIONAL PRE-BID MEETING (in person): Thursday, February 29, 2024, 1:00PM DEADLINE FOR QUESTIONS: Wednesday, March 13, 2024 5:00PM BID SUBMISSION DEADLINE: Tuesday, March 26, 2024, 2:00PM ZOOM BID OPENING: Tuesday, March 26, 2024, 3:00PM https://ullafayette.zoom.us/meeting/register/tJYkc-GurDgrG9V2io3MjbeSPomJcirnn45e mailto:purchasing@louisiana.edu File No. 24213 (R1623101) Page 2 of 42 GENERAL SPECIFICATIONS FURNISH ALL LABOR, MATERIALS, EQUIPMENT, TRANSPORTATION, SUPERVISION, PERMITS, ETC. NECESSARY FOR THE NIRC BUILDING 29 – 1ST FLOOR CAGE AREA MODIFICATIONS, LOCATED ON THE UL LAFAYETTE CAMPUS, IN NEW IBERIA, LOUISIANA, AS SHOWN ON THESE SPECIFICATIONS... SCOPE OF WORK 1. Demolish existing animal cage systems, domestic water piping, selected doors, hydraulic system with piping, lighting fixtures, HVAC ductwork and supply grilles. 2. Remove existing paint from concrete walls, floor, ceiling, support beams, and columns. 3. Install concrete block sealer, two (2) coats. 4. Install new chain link cage system with re-installed chute systems. 5. Install new doors and locks as indicated on plans. 6. Install new domestic water piping system including animal watering devices (WD), and hose bibs (HB). 7. Install new vapor proof lighting including timers and new circuits. 8. Install sheet metal caps over existing support structures. COMPLIANCE TO SCHEDULE/LIQUIDATED DAMAGES DUE TO THE IMPORTANCE OF THE SCHEDULE, LIQUIDATED DAMAGES IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE ASSESSED FOR EVERY CALENDAR DAY THAT THIS PROJECT IS NOT COMPLETE BEYOND ONE HUNDRED SIXTY (160) DAYS OF THE NOTICE TO PROCEED. BID SECURITY REQUIREMENTS Each bidder MUST accompany his/her proposal with a bid security for five percent (5%) of the total maximum amount of his/her bid. The bid security shall be drawn in favor of the University of Louisiana at Lafayette and SHALL be in the form of a Bid Bond (Insurance Company), Bank Money Order*, Certified Check* or Cashier’s Check*. It shall become the property of the Owner in the event the contract and any performance bond are not executed within the time set forth. Bid bond shall be written by a surety or insurance company currently on the US 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 AM Best’s Key Rating Guide to write individual bonds up to ten percent (10%) of policyholders’ surplus as shown in the AM Best’s Key Rating Guide. Successful bidder WILL BE required to execute and deliver within ten (10) days of notification, a satisfactory performance bond and payment bond in the amount of one hundred percent (100%) of the contract price. Performance Bond, with Power of Attorney, shall be secured by a surety or insurance company currently on the US Department of the Treasury Financial Management Service List of Approved Bonding Companies, and in accordance with restrictions set by them or by an insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds. In addition, any surety bond written for a public works Project shall be written by a surety or insurance company that is currently licensed to do business in the State of Louisiana. Also, to be provided at the same time is a Labor and Materials payment Bond in an amount equal to one hundred percent (100%) of the contract amount. *Bid security in the form of a Bank Money Order, Certified Check or Cashier’s Check shall be scanned and included with the bid submission (front and back) and the original must be mailed to and received no later than 3 business days after the bid opening. University of Louisiana at Lafayette Purchasing Office PO Box 40197 Lafayette, LA 70504-0197 LOUISIANA CONTRACTORS LICENSE REQUIREMENTS Contractors or contracting firms submitting bids in the amount of $50,000.00 or more shall certify that they are licensed contractors under Chapter 24 of Title 37 of the Louisiana Revised Statutes 1950 and show their license number on the front File No. 24213 (R1623101) Page 3 of 42 of the sealed envelope in which their bid is enclosed in the subject line of the email submission. Bids shall be accepted from Contractors who are licensed under L.A. R.S. 37:2150-2163 in the following classification: BUILDING CONSTRUCTION. Bids in the amount of $50,000.00 or more, not submitted in accordance with this requirement, shall be rejected and shall not be read. Additional information relative to licensing may be obtained from the Louisiana State Licensing Board for Contractors, Baton Rouge, Louisiana. In accordance with La. R.S. 38:2227, LA. R.S. 38:2212.10 and LA. R.S. 23:1726(B) each bidder on this Project must submit a completed Attestations Affidavit (Past Criminal Convictions of Bidders, Verification of Employees and Certification Regarding Unpaid Workers Compensation Insurance) form found within this bid package. The Attestations Affidavit form shall be submitted to the Purchasing Department within 10 days after the opening of bids. PROHIBITION OF DISCRIMINATORY BOYCOTTS OF ISRAEL In accordance with LA R.S. 39:1602:1, for any contract for $100,000 or more and for any contractor with five or more employees, Contractor, or any Subcontractor, shall certify it is not engaging in a boycott of Israel, and shall, for the duration of this contract, refrain from a boycott of Israel. The State reserves the right to terminate this contract if the Contractor, or any Subcontractor, engages in a boycott of Israel during the term of the contract. BUSINESS HOURS Please send all correspondence electronically or through USPS. In-person delivery of document(s) will NOT be accepted. Business hours are Monday through Thursday, 7:30 am to 11:45 am, 12:30 pm to 5:00 pm, and Friday, 7:30 am to 12:30 pm. The Purchasing Office will be closed during Federal, State and University holidays. It is the responsibility of the prospective bidder to be aware of such closures. Please note that courier services such as UPS, FedEx, and DHL will be UNABLE to deliver to the Purchasing Office. See Guidelines for Electronic Submission of Bids and Virtual Bid Openings on page 4 of this solicitation for more detailed information. In providing this bid, each bidder represents that: They have read and understand the bid documents and the bid is made in accordance herewith, and the bid is based upon the specifications described in the bid documents without exception. SITE VISIT/CONTACT INFORMATION It is the responsibility of the prospective bidder to visit and examine jobsite, take measurements to his/her own satisfaction and determine conditions under which work is to be done. Owner will not accept responsibility for conditions which careful examination of premises would have shown existed. To visit jobsite and for further information, prospective bidder is to contact Phillip J. Duplechin, 337-254-6868. PRE-BID MEETING INFORMATION A pre-bid meeting will be held at 1:00PM, Thursday, February 29, 2024 at the Ackal Hall Auditorium, Building 34, 4401 West Admiral Doyle Dr, New Iberia, LA 70560, at which time details of plans and specifications will be discussed. TAX RELATED INFORMATION It is the responsibility of the prospective bidder to pay taxes on materials purchased for this project. The University of Louisiana at Lafayette is a tax-exempt State Agency. However, that tax exempt status does not transfer to its contractors, subcontractors, suppliers, or vendors for their use. For further information, prospective bidder should contact the Purchasing Department at purchasing@lousiana.edu, or call Mary Borel at 337-482-9051. END OF SECTION mailto:purchasing@lousiana.edu File No. 24213 (R1623101) Page 4 of 42 DETAILED SPECIFICATIONS PROPOSAL FOR FURNISHING ALL LABOR, MATERIALS, EQUIPMENT, TRANSPORTATION, SUPERVISION, PERMITS, ETC. NECESSARY FOR THE NIRC BUILDING 29 – 1ST FLOOR CAGE AREA MODIFICATIONS, LOCATED ON THE UL LAFAYETTE CAMPUS, IN NEW IBERIA, LOUISIANA, AS SHOWN ON THESE SPECIFICATIONS... Base Bid SCOPE OF WORK 1. Demolish existing animal cage systems, domestic water piping, selected doors, hydraulic system with piping, lighting fixtures, HVAC ductwork and supply grilles. 2. Remove existing paint from concrete walls, floor, ceiling, support beams, and columns. 3. Install concrete block sealer, two (2) coats. 4. Install new chain link cage system with re-installed chute systems. 5. Install new doors and locks as indicated on plans. 6. Install new domestic water piping system including animal watering devices (WD), and hose bibs (HB). 7. Install new vapor proof lighting including timers and new circuits. 8. Install sheet metal caps over existing support structures. SEE ATTACHMENT – A. END OF SECTION BUILDING PLANS/DRAWINGS Drawings and plans are included with this solicitation, and provided to bidders as Addendum No. 1. END OF SECTION ALTERNATES Alternate No. 1 – N/A Alternate No. 2 – N/A Alternate No. 3 – N/A END OF SECTION File No. 24213 (R1623101) 5 of 42 Guidelines for Electronic Submission of Bids and Virtual Bid Openings In keeping with the physical distancing guidelines associated with COVID-19 Public Health Emergency declared by Governor John Bel Edwards in Proclamation Numbers 41, 33, 32, 30, 27, and 25 JBE 2020, the Purchasing Department at the University of Louisiana at Lafayette is suspending in-person attendance at public bid openings. All tasks associated with sealed bids and corresponding bid openings will be completed electronically to the greatest extent possible. BID SUBMISSIONS - USPS Mail bid submittal and In-person delivery of bids at the Purchasing Office ARE NO LONGER ACCEPTED. This information applies to competitive sealed bids. Bidders shall submit proposals by EMAIL ONLY: Electronic submittal: Bidders must submit bids electronically containing the mandatory information detailed in the bid specifications to be considered for the bid award. Without exception, the bid must be received at ULLafayetteBids@louisiana.edu on or before the date and time specified as its deadline. Bidders e-mailing their bids should allow sufficient time to ensure receipt of their proposal by the time specified. The timestamp recorded in the email acknowledgement shall be the official time of the submission. The electronic submittal must contain the following information in the Subject Line: File Number Company Name LA Contractor’s License No. (if applicable) If the file size of the email submission exceeds server requirements, the email submission may be broken into smaller email messages with “Part 1 of _” included at the end of each original Subject Line (e.g. File No. 22200 – ABC Contractors, License No. 12345, Part 1 of 3). The University assumes no responsibility for assuring accurate/complete e-mail transmission and receipt. The responsibility lies solely with each bidder to ensure their submission is received at the specified email address prior to the deadline. Proposals received after the deadline, corrupted files, and incomplete submissions (e.g. Part 1 and Part 2 of 3 are received, but Part 3 is not) shall not be considered. Bids advertised on LAPAC will show a solicitation file number formatted like 50011-ULLAF#####. It is only necessary to include the last five (5) digits of that number in the Subject Line. Bids shall be submitted in .pdf format. Faxed submittals will not be accepted. Bid Submissions for Public Works/Construction In addition to the above, the following applies to Title 38 Public Works electronic bid submittals. The bidder must sign electronically or submit a scanned signature on the Louisiana Uniform Public Works Bid Form. As stated on the Louisiana Uniform Public Works Bid Form, a corporate resolution or written evidence of the authority of the person signing the bid for the public work as prescribed by LA R.S. 38:2212(B)(5) shall be enclosed, if your business is a corporation. Bid submittal shall include security equal to 5% of bid. bid security shall be drawn in favor of the University of Louisiana at Lafayette and SHALL be in the form of a Bid Bond (Insurance Company), Bank Money Order*, Certified Check* or Cashier’s Check*. *Bid security in the form of a Bank Money Order*, Certified Check* or Cashier’s Check* shall be accepted as bid security when submitting bids electronically if both the front and back of the bid security is scanned and included with the bid submission. The hard copy of that document must be received no later than three (3) business days after the bid opening at: University of Louisiana at Lafayette Purchasing Office PO Box 40197 Lafayette, LA 70504-0197 Louisiana Contractor’s License Number shall be in the subject line of the bid for ALL bids greater than or equal to $50,000.00. Bids for Plumbing/Electrical/Mechanical Work greater than or equal to $10,000.00 shall disclose the Louisiana Contractor’s License Number in the Subject Line. Asbestos Abatement bids exceeding $1.00 shall disclose the Louisiana Contractor’s License Number in the Subject Line. mailto:ULLafayetteBids@louisiana.edu File No. 24213 (R1623101) 6 of 42 BID OPENINGS Bid openings will continue to be open to the public, conducted virtually using Zoom. To ensure an accurate list of attendees, parties interested in viewing the opening must register for the meeting. END OF SECTION_______________________________________________________________________________________ VENDOR CHECK LIST REQUIRED FORMS/ITEMS UPON BID SUBMISSION _____ Solicitation File Number in Subject Line of email _____ Louisiana Contractor’s License Number (If Applicable) in Subject Line of email _____ Company Name in Subject Line of email _____ Louisiana Uniform Public Works Bid Form _____ Acknowledgement of Any Addenda on the Bid Form _____ Bid Security Equal to 5% of Bid _____ If company bidding is a corporation, Corporate Resolution or written evidence of authority of person signing the bid for the public work (See **annotation on Louisiana Public Work Bid Form.) REQUIRED FORMS AFTER BID OPENING/UPON BID AWARD Attestation Affidavit (ALL BIDDERS, WITHIN 10 DAYS OF BID OPENING) Non-Collusion Affidavit (LOW BIDDER, WITHIN 10 DAYS OF REQUEST) Disclosure of Ownership Affidavit (LOW BIDDER, WITHIN 10 DAYS OF REQUEST) Performance and Payment Bond (LOW BIDDER, WITHIN 10 DAYS OF REQUEST) Certificate of Insurance Certificate of Recordation of Contract and Bonds Clear Lien Certificate CONTACT INFORMATION ELECTRONIC BID SUBMISSIONS (ONLY) Do not email questions about the bid to this email address. ULLafayetteBids@louisiana.edu Be sure to include the solicitation number in the subject line. Do not send your submission to any other University email address. QUESTIONS/CONCERNS ABOUT SPECIFICATIONS DEADLINE TO SUBMIT QUESTIONS: WEDNESDAY, MARCH 13, 2024 at 5:00 PM INCLUDE BID NUMBER AND COMPLETE BID NAME IN THE SUBJECT LINE OF THE EMAIL Do not email bid submissions to either of these addresses. To contact Purchasing by phone: 337.482.9051. CAMPUS DELIVERIES The campus is not fully open for receiving deliveries by courier at this time. Please send samples or other associated documents via US Mail only when a hard copy is requested or deemed necessary. The UL- Lafayette Post Office (located inside the Student Union) will accept packages with proper postage to place in the Purchasing Department’s mailbox. The phone number is 337.482.6113. mailto:ULLafayetteBids@louisiana.edu mailto:purchasing@louisiana.edu mailto:mary.borel@louisiana.edu File No. 24213 (R1623101) 7 of 42 LOUISIANA UNIFORM PUBLIC WORK BID FORM TO: University of Louisiana at Lafayette BID FOR: NIRC – BLDG 29 CAGE AREA MODIFICAITONS Purchasing Office, Martin Hall Room 123 BLD: BUILDING 29 104 University Circle File No: 24213 PO Box 40197 Lafayette, LA 70504 The undersigned bidder hereby declares and represents that she/he: a) has carefully examined and understands the Bidding Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or any addenda, c) has personally inspected and is familiar with the Project site, and hereby proposes to provide all labor, materials, tools, appliances and facilities as required to perform, in a workmanlike manner, all work and services for the construction and completion of the referenced Project, all in strict accordance with the Bidding Documents prepared by: University of Louisiana at Lafayette and dated: February 2024 (Owner to provide name of entity preparing bidding documents.) Bidder must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number the Designer has assigned to each of the addenda that the Bidder is acknowledging) _ TOTAL BASE BID: For all work required by the Bidding Documents (including any and all unit prices designated “Base Bid”* but not alternates) the sum of: Dollars ($ ) ALTERNATES: For any and all work required by the Bidding Documents for Alternates including any and all unit prices designated as alternates in the unit price description. Alternate No. 1: (Owner to provide description of alternate and state whether add or deduct) for the lump sum of: ___________________________N/A___________________________________Dollars ($___________N/A_________________) Alternate No. 2: (Owner to provide description of alternate and state whether add or deduct) for the lump sum of: ___________________________N/A___________________________________Dollars ($___________N/A_________________) Alternate No. 3: (Owner to provide description of alternate and state whether add or deduct) for the lump sum of: ___________________________N/A__________________________________Dollars ($_____________N/A________________) NAME OF BIDDER: ADDRESS OF BIDDER: LOUISIANA CONTRACTOR’S LICENSE NUMBER: NAME OF AUTHORIZED SIGNATORY OF BIDDER: _ TITLE OF AUTHORIZED SIGNATORY OF BIDDER: SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER**: DATE: * The Unit Price Form shall be used if the contract includes unit prices. Otherwise, it is not required and need not be included with the form. The number of unit prices that may be included is not limited and additional sheets may be included if needed. ** A CORPORATE RESOLUTION OR WRITTEN EVIDENCE of the authority of the person signing the bid for the public work as prescribed by LA R.S. 38:2212(B)(5). BID SECURITY in the form of a bid bond, certified check or cashier’s check as prescribed by LA RS 38:2218(A) attached to and made a part of this bid. File No. 24213 (R1623101) 8 of 42 ATTESTATIONS AFFIDAVIT – PAGE 1 OF 2 NIRC – BLDG 29 CAGE AREA MODIFICAITONS 24213 Name of Project Project No. STATE OF PARISH OF ____________________________ ATTESTATIONS AFFIDAVIT Before me, the undersigned notary public, duly commissioned and qualified in and for the parish and state aforesaid, personally came and appeared Affiant, who after being duly sworn, attested as follows: LA. R.S. 38:2227 PAST CRIMINAL CONVICTIONS OF BIDDERS A. No sole proprietor or individual partner, incorporator, director, manager, officer, organizer, or member who has a minimum of a ten percent (10%) ownership in the bidding entity named below has been convicted of, or has entered a plea of guilty or nolo contendere to any of the following state crimes or equivalent federal crimes: (a) Public bribery (R.S. 14:118) (c) Extortion (R.S. 14:66) (b) Corrupt influencing (R.S. 14:120) (d) Money laundering (R.S. 14:23) B. Within the past five years from the Project bid date, no sole proprietor or individual partner, incorporator, director, manager, officer, organizer, or member who has a minimum of a ten percent (10%) ownership in the bidding entity named below has been convicted of, or has entered a plea of guilty or nolo contendere to any of the following state crimes or equivalent federal crimes, during the solicitation or execution of a contract or bid awarded pursuant to the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes: (a) Theft (R.S. 14:67) (b) Identity Theft (R.S. 14:67.16) (c) Theft of a business record (R.S.14:67.20) (d) False accounting (R.S. 14:70) (e) Issuing worthless checks (R.S. 14:71) LA.R.S.38:2212.10 Verification of Employees (f) Bank fraud (R.S. 14:71.1) (g) Forgery (R.S. 14:72) (h) Contractors; misapplication of payments (R.S. 14:202) (i) Malfeasance in office (R.S. 14:134) A. At the time of bidding, Appearer is registered and participates in a status verification system to verify that all new hires in the state of Louisiana are legal citizens of the United States or are legal aliens. B. If awarded the contract, Appearer shall continue, during the term of the contract, to utilize a status verification system to verify the legal status of all new employees in the state of Louisiana. C. If awarded the contract, Appearer shall require all subcontractors to submit to it a sworn affidavit verifying compliance with Paragraphs (A) and (B) of this Subsection. File No. 24213 (R1623101) 9 of 42 ATTESTATIONS AFFIDAVIT – PAGE 2 OF 2 NIRC – BLDG 29 CAGE AREA MODIFICAITONS 24213 Name of Project Project No. LA. R.S. 23:1726(B) Certification Regarding Unpaid Workers Compensation Insurance A.R.S. 23:1726 prohibits any entity against whom an assessment under Part X of Chapter 11 of Title 23 of the Louisiana Revised Statutes of 1950 (Alternative Collection Procedures & Assessments) is in effect, and whose right to appeal that assessment is exhausted, from submitting a bid or proposal for or obtaining any contract pursuant to Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 and Chapters 16 and 17 of Title 39 of the Louisiana Revised Statutes of 1950. B.By signing this bid /proposal, Affiant certifies that no such assessment is in effect against the bidding / proposing entity. NAME OF BIDDER NAME OF AUTHORIZED SIGNATORY OF BIDDER DATE TITLE OF AUTHORIZED SIGNATORY OF BIDDER SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER/AFFIANT Sworn to and subscribed before me by Affiant on the day of , 20 . Notary Public File No. 24213 (R1623101) 10 of 42 NON-COLLUSION AFFIDAVIT PAGE 1 OF 1 STATE OF _________________________ [ ] PARISH OF ____________________ [ ] COUNTY OF_____________________ AFFIDAVIT ATTESTING THAT PUBLIC CONTRACT WAS NOT NOR WILL BE SECURED THROUGH EMPLOYMENT OR PAYMENT OF SOLICITOR KNOW ALL MEN BY THESE PRESENCE, that a public contract is contemplated between University of Louisiana at Lafayette and , represented by (print or type) attests that s/he is empowered and authorized to execute said documents. FURTHER, (signature) , who being duly sworn, does depose and attest that: 1) Affiant employed no person, corporation, firm, association, or other organization, either directly or indirectly, to secure the public contract under which he received payment, other than persons regularly employed by the affiant whose services in connection with the construction, alteration or demolition of the public building or Project or in securing the public contract wherein the regular course of their duties for affiant; and 2) That no part of the contract price received by affiant was paid or will be paid to any person, Corporation, firm, association, or other organization for soliciting the contract, other than the payment of their normal compensation to persons regularly employed by the affiant whose services in connection with the construction, alteration or demolition of the public building or Project were in the regular course of their duties for affiant. BEFORE ME, the representing authority, personally appeared, who being duly sworn, deposes and states that the above is true and correct in all respects recited. SWORN TO AND SUBSCRIBED before me, this day of , 20 . Notary Public File No. 24213 (R1623101) 11 of 42 Special Requirements Specific to the New Iberia Research Center MEDICAL REQUIREMENTS The Contractor shall have all on-site technicians/crew members provide proof of Measles immunization or positive Measles Titer to the Center representative prior to entering the Facility. The Contractor shall also supply proof of a negative TB test every 6 months for all on-site technicians/crew members for the duration of the Contract. Failure to supply appropriate medical documentation will restrict the technician(s)/crew member(s) from entry onto the Center premises until such time as the requirements are satisfactorily met. In addition, technicians/crew members shall be in overt good health with no signs of infectious disease to include fever, respiratory disease, gastrointestinal dysfunction or cold sores. There will be no grace period for the performance of the medical requirements. ENHANCED SECURITY CLEARANCE (CONTRACTORS): The Contractor shall have all technicians/crew members submit to an Enhanced Security Clearance screening, prior to granting the individual access to the University of Louisiana at Lafayette’s New Iberia Research Center’s (NIRC) Facility. The screening of technicians/crew members will be conducted through Information Network Associates (INA), www.ina-inc.com and will be the sole responsibility of the New Iberia Research Center. The New Iberia Research Center will contact INA directly to request the “UL-NIRC Enhanced Security Clearance screening” be performed. Eligibility for contracted employment with NIRC and access to the Facility, will be classified as a “Security Clearance”, and will be granted only to those individuals whom have undergone the appropriate Enhanced Security Screening. Continued association with NIRC and access to the Facility is contingent upon maintaining a satisfactory Security Clearance. A successful Security Clearance shall be considered a condition of the Contract. Any existing and/or new technician/crew member failing to satisfactorily pass the Enhanced Security Clearance will not be allowed to enter the Facility. The Contractor shall use its best efforts to assign technicians/crew members reasonably believed to be able to meet the Enhanced Security Clearance requirements. There will be no grace period for the performance of the Enhanced Security Clearance screening. GENERAL CLEAN-UP The general Contractor shall be responsible for providing a dumpster and for the proper disposal of all work associated debris at an appropriate (for the type of debris), approved landfill. The general Contractor shall be responsible for leaving the space, free of dust and mopped clean. All surfaces shall be wiped down and free of dust. END OF SECTION http://www.ina-inc.com/ File No. 24213 (R1623101) 12 of 42 INSTRUCTIONS TO BIDDERS https://www.doa.la.gov/.../24_Instructions_to_Bidders_July2018.docx ARTICLE 1 DEFINITIONS 1.1 The Bid Documents include the following: Advertisement for Bids (if applicable) Instructions to Bidders Bid Form Bid Bond Instruction General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition Supplementary Conditions Contract Between Owner and Contractor and Performance and Payment Bond Mandatory Affidavits User Agency Documents (if applicable) Change Order Form (if applicable) Partial Occupancy Form (if applicable) Recommendation of Acceptance (if applicable) Asbestos Abatement (if applicable) Other Documents (if applicable) Specifications & Drawings Addenda issued during the bid period and acknowledged on the Bid Form (if applicable) 1.2 All definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201 and the Supplementary Conditions are applicable to the Bid Documents. 1.3 Addenda are written and/or graphic instruments issued by the Architect or Purchasing Office prior to the opening of bids, which modify or interpret the Bid Documents by additions, deletions, clarifications, corrections and prior approvals. 1.4 A bid is a complete and properly signed proposal to do the work or designated portion thereof for the sums stipulated therein supported by data called for by the Bid Documents. 1.5 Base bid is the sum stated in the bid for which the Bidder offers to perform the work described as the base, to which work may be added, or deleted for sums stated in alternate bids. 1.6 An alternate bid (or alternate) is an amount stated in the bid to be added to the amount of the base bid if the corresponding change in Project scope or materials or methods of construction described in the Bid Documents is accepted. 1.7 A Bidder is one who submits a bid for a prime Contract with the Owner for the work described in the Bid Documents. 1.8 A Sub-bidder is one who submits a bid to a Bidder for materials and/or labor for a portion of the work. 1.9 Where the word "Architect" is used in any of the documents, it shall refer to the Prime Designer of the Project, regardless of discipline. ARTICLE 2 PRE-BID CONFERENCE 2.1 A Pre-Bid Conference shall be held at least 10 days before the date for receipt for bids. The Architect shall coordinate the setting of the date, time and place for the Pre-Bid Conference with the User Agency and shall notify in writing the https://www.doa.la.gov/.../24_Instructions_to_Bidders_July2018.docx File No. 24213 (R1623101) 13 of 42 Owner and all who have received sets of the Bid Documents to attend. The purpose of the Pre-Bid Conference is to familiarize Bidders with the requirements of the Project and the intent of the Bid Documents, and to receive comments and information from interested Bidders. If the Pre-Bid Conference is stated in the Advertisement for Bids to be a Mandatory Pre-Bid Conference, bids shall be accepted only from those bidders who attend the Pre-Bid Conference. Contractors who are not in attendance for the entire Pre-Bid Conference will be considered to have not attended. 2.2 Any revision of the Bid Documents made as a result of the Pre-Bid Conference shall not be valid unless included in an addendum. ARTICLE 3 BIDDER’S REPRESENTATION 3.1 Each Bidder by making his bid represents that: 3.1.1 He has read and understands the Bid Documents and his bid is made in accordance therewith. 3.1.2 He has visited the site and has familiarized himself with the local conditions under which the work is to be performed. 3.1.3 His bid is based solely upon the materials, systems and equipment described in the Bid Documents as advertised and as modified by addenda. 3.1.4 His bid is not based on any verbal instructions contrary to the Bid Documents and addenda. 3.1.5 He is familiar with Code of Governmental Ethics requirement that prohibits public servants and/or their immediate family members from bidding on or entering into contracts; he is aware that the Designer and its principal owners are considered Public Servants under the Code of Governmental Ethics for the limited purposes and scope of the Design Contract with the State on this Project (see Ethics Board Advisory Opinion, No. 2009-378 and 2010-128); and neither he nor any principal of the Bidder with a controlling interest therein has an immediate family relationship with the Designer or any principal within the Designer’s firm (see La. R.S. 42:1113). Any Bidder submitting a bid in violation of this clause shall be disqualified and any contract entered into in violation of this clause shall be null and void. 3.2 The Bidder must be fully qualified under any State or local licensing law for Contractors in effect at the time and at the location of the work before submitting his bid. In the State of Louisiana, Revised Statutes 37:2150, et seq. will be considered, if applicable. The Contractor shall be responsible for determining that all of his Sub-bidders or prospective Subcontractors are duly licensed in accordance with law. ARTICLE 4 BID DOCUMENTS 4.1 Copies 4.1.1 Bid Documents may be obtained from the Architect for a deposit as stated in the Advertisement for Bids. The deposit will be refunded as stated in the Advertisement for Bids. No deposits will be refunded on Bid Documents returned later than ten days after receipt of bids. 4.1.1.2 As an alternative method of distribution, the Designer may provide the Bid Documents in electronic format. They may be obtained without charge and without deposit as stated in the Advertisement for Bids. 4.1.1.2.1 If electronic distribution is available, printed copies will not be available from the Designer, but arrangements can be made to obtain them through most reprographic firms and/or plan rooms. 4.1.1.2.2 If electronic distribution is available, the reproduction cost on the first paper plan set acquired by bona fide prime bidders will be fully refunded by the Designer upon File No. 24213 (R1623101) 14 of 42 delivery of the documents to the Designer in good condition no later than ten days after receipt of bids. 4.1.1.2.3 If electronic distribution is available, all other plan holders are responsible for their own reproduction costs. 4.1.2 Complete sets of Bid Documents shall be used in preparing bids; neither the Owner nor the Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 4.1.3 The Owner or Architect in making copies of the Bid Documents available on the above terms, do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 4.2 Interpretation or Correction of Bid Documents 4.2.1 Bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may discover upon examination of the Bid Documents or of the site and local conditions. 4.2.2 Bidders requiring clarification or interpretation of the Bid Documents shall make a written request to the Architect, to reach him at least seven days prior to the date for receipt of bids. 4.2.3 Any interpretation, correction or change of the Bid Documents will be made by addendum. Interpretations, corrections or changes of the Bid Documents made in any other manner will not be binding and Bidders shall not rely upon such interpretations, corrections and changes. 4.3 Substitutions 4.3.1 The materials, products and equipment described in the Bid Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution. No substitutions shall be allowed after bids are received. 4.3.2 No substitution will be considered unless written request for approval has been submitted by the Proposer and has been received by the Architect at least seven (7) working days prior to the opening of bids. (La. R.S. 38:2295(C)) Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including model numbers, drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. It shall be the responsibility of the proposer to include in his proposal all changes required of the Bid Documents if the proposed product is used. Prior approval, if given, is contingent upon supplier being responsible for any costs which may be necessary to modify the space or facilities needed to accommodate the materials and equipment approved. 4.3.3 If the Architect approves any proposed substitution, such approval shall be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner. 4.4 Addenda 4.4.1 Addenda will be transmitted to all who are known by the Architect to have received a complete set of Bid Documents. 4.4.2 Copies of addenda will be made available for inspection wherever Bid Documents are on file for that purpose. 4.4.3 Except as described herein, addenda shall not be issued within a period of seventy-two (72) hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays. If the necessity arises of issuing an addendum modifying plans and specifications within the seventy-two (72) hour period prior to the advertised time for the opening of bids, then the opening of bids shall be extended at least seven but no more than twenty-one (21) working days, without the requirement of re-advertising. UL Lafayette Purchasing shall be consulted prior to issuance of such an addendum and shall approve such issuance. The File No. 24213 (R1623101) 15 of 42 revised time and date for the opening of bids shall be stated in the addendum. 4.4.4 Each Bidder shall ascertain from the Architect prior to submitting his bid that he has received all addenda issued, and he shall acknowledge their receipt on the Bid Form. 4.4.5 The Owner shall have the right to extend the bid date by up to (30) thirty days without the requirement of re- advertising. Any such extension shall be made by addendum issued. ARTICLE 5 BID PROCEDURE 5.1 Form and Style of Bids 5.1.1 Bids shall be submitted on the Louisiana Uniform Public Work Bid Form provided by the Architect for this Project. 5.1.2 The Bidder shall ensure that all applicable blanks on the bid form are completely and accurately filled in. 5.1.3 Bid sums shall be expressed in both words and figures, and in case of discrepancy between the two, the written words shall govern. 5.1.4 Any interlineation, alteration or erasure must be initialed by the signer of the bid or his authorized representative. 5.1.5 Bidders are cautioned to complete all alternates should such be required on the Bid Form. Failure to submit alternate prices will render the bid non responsive and shall cause its rejection. 5.1.6 Bidders are cautioned to complete all unit prices should such be required in the Bid Form. Unit prices represent a price proposal to do a specified quantity and quality of work. Unit prices are incorporated into the base bid or alternates, as indicated on the Unit Price Form, but are not the sole components thereof. 5.1.7 Bidder shall make no additional stipulations on the Bid Form nor qualify his bid in any other manner. 5.1.8 Written evidence of the authority of the person signing the bid for the public work shall be submitted in accordance with La. R.S. 38:2212 (B)(5). 5.1.9 On any bid in excess of fifty thousand dollars ($50,000.00), the Contractor shall certify that he is licensed under La. R.S. 37: 2150-2173 and show his license number on the bid above his signature or his duly authorized representative. 5.2 Bid Security 5.2.1 No bid shall be considered or accepted unless the bid is accompanied by bid security in an amount of five percent (5.0%) of the base bid and all alternates. The bid security shall be in the form of a certified check, cashier’s check drawn on a bank insured by the Federal Deposit Insurance Corporation, or a Bid Bond written by a surety company licensed to do business in Louisiana and signed by the surety's agent or attorney-in-fact. The surety for the bond must meet the qualifications stated thereon. The Bid Bond shall include the legal name of the bidder be in favor of the University of Louisiana at Lafayette, and shall be accompanied by appropriate power of attorney. The Bid Bond must be signed by both the bidder/principal. Failure by the bidder/principal or the surety to sign the bid bond shall result in the rejection of the bid. Bid security furnished by the Contractor shall guarantee that the Contractor will, if awarded the work according to the terms of his proposal, enter into the Contract and furnish Performance and Payment Bonds as required by these Bid Documents, within fifteen (15) days after written notice that the instrument is ready for his signature. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the bid security File No. 24213 (R1623101) 16 of 42 shall be forfeited to the Owner as liquidated damages, not as penalty. 5.2.2 The Owner will have the right to retain the bid security of Bidders until either (a) the Contract has been executed and bonds have been furnished, or (b) the specified time has elapsed so that bids may be withdrawn, or (c) all bids have been rejected. 5.3 Submission of Bids See Guidelines for Electronic Submission of Bids and Virtual Bid Openings included in this solicitation. 5.3.1 The Bid shall be sealed in an opaque envelope. The bid envelope shall be identified on the outside the name, address, and license number of the Bidder. The envelope shall not contain multiple bid forms, and will be received until the time specified and at the place specified in the Advertisement for Bids. It shall be the specific responsibility of the Bidder to deliver his sealed bid to The University at the appointed place and prior to the announced time for the opening of bids. Late delivery of a bid for any reason, including late delivery by United States Mail, or express delivery, shall disqualify the bid. If the bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "Bid Enclosed" on the face thereof. Such bids shall be sent by Registered or Certified Mail, Return Receipt Requested, addressed to: University of Louisiana at Lafayette Purchasing Department, P. 0. Box 40197 Lafayette, LA 70504 Bids sent by express delivery shall be delivered to: University of Louisiana at Lafayette Purchasing Department Martin Hall, Room 123 104 University Circle Lafayette, LA 70503 5.3.2 Bids shall be deposited at the designated location prior to the time on the date for receipt of bids indicated in the Advertisement for Bids, or any extension thereof made by addendum. Bids received after the time and date for receipt of bids will be returned unopened. 5.3.3 Bidder shall assume full responsibility for timely delivery at location designated for receipt of bids. 5.3.4 Oral, telephonic or telegraphic bids are invalid and shall not receive consideration. Owner shall not consider notations written on outside of bid form envelope which have the effect of amending the bid. Written modifications enclosed in the bid envelope, and signed or initialed by the Contractor or his representative, shall be accepted. 5.4 Modification or Withdrawal of Bid 5.4.1 A bid may not be modified, withdrawn or canceled by the Bidder during the time stipulated in the Advertisement for Bids, for the period following the time and bid date designated for the receipt of bids, and Bidder so agrees in submitting his bid, except in accordance with R.S. 38:2214 which states, in part, "Bids containing patently obvious, unintentional, and substantial mechanical, clerical, or mathematical errors, or IMPORTANT: BIDS WILL NOT BE ACCEPTED BY U.S. MAIL OR IN-PERSON DELIVERY TO THE PURCHASING OFFICE. ANY REFERENCE TO SEALED ENVELOPES AND OR MAILED DOCUMENTS ARE TO BE DISREGARDED BY POTENTIAL BIDDERS. COURIER SERVICES SUCH AS UPS, FedEx, and DHL WIL NOT BE ABLE TO DELIVERY TO OUR PHYSICAL LOCATION AND THE BUILDING MAY BE LOCKED OR UNSTAFFED. File No. 24213 (R1623101) 17 of 42 errors of unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the bid, may be withdrawn by the contractor if clear and convincing sworn, written evidence of such errors is furnished to the public entity within forty- eight hours of the bid opening excluding Saturdays, Sundays, and legal holidays". 5.4.2 Prior to the time and date designated for receipt of bids, bids submitted early may be modified or withdrawn only by notice to the party receiving bids at the place and prior to the time designated for receipt of bids. 5.4.3 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders. 5.4.4 Bid Security shall be in an amount sufficient for the bid as modified or resubmitted. 5.5 Prohibition of Discriminatory Boycotts of Israel By submitting a bid, the bidder certifies and agrees that the following information is correct: In preparing its bid, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israel-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. The bidder has also not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The state reserves the right to reject any bid if this certification is subsequently determined to be false and to terminate any contract awarded based on such a false response. ARTICLE 6 CONSIDERATION OF BIDS 6.1 Opening of Bids See Guidelines for Electronic Submission of Bids and Virtual Bid Openings on page 5 of this solicitation. 6.1.1 The properly identified Bids received on time will be opened publicly and will be read aloud, and a tabulation abstract of the amounts of the base bids and alternates, if any, will be made available to Bidders. 6.2 Rejection of Bids 6.2.1 The Owner shall have the right to reject any or all bids and in particular to reject a bid not accompanied by any required bid security or data required by the Bid Documents or a bid in any way incomplete or irregular. 6.3 Acceptance of Bid 6.3.1 It is the intent of the Owner, if he accepts any alternates, to accept them in the order in which they are listed in the Bid Form. Determination of the Low Bidder shall be on the basis of the sum of the base bid and the alternates accepted. However, the Owner shall reserve the right to accept alternates in any order which does not affect determination of the Low Bidder. ARTICLE 7 POST-BID INFORMATION 7.1 Submissions 7.1.1 At the Pre-Construction Conference, the Contractor shall submit the following information to the Architect. 7.1.1.1 A designation of the work to be performed by the Contractor with his own forces. 7.1.1.2 A breakdown of the Contract cost attributable to each item listed in the Schedule of Values Form (attached). No payments will be made to the Contractor until this is received. 7.1.1.3 The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work. 7.1.1.4 A list of names and business domiciles of all Subcontractors, manufacturers, suppliers or other persons or organizations (including those who are to furnish materials or equipment fabricated to a File No. 24213 (R1623101) 18 of 42 special design) proposed for the principal portions of the work. It is the preference of the Owner that, to the greatest extent possible or practical, the Contractor utilize Louisiana Subcontractors, manufacturers, suppliers, and labor. 7.1.2 The General Contractor shall be responsible for actions or inactions of Subcontractors and/or material suppliers. The General Contractor is totally responsible for any lost time or extra expense incurred due to a Subcontractor’s or Material Supplier’s failure to perform. Failure to perform includes, but is not limited to, a Subcontractor’s financial failure, abandonment of the Project, failure to make prompt delivery, or failure to do work up to standard. Under no circumstances shall the Owner mitigate the General Contractor’s losses or reimburse the General Contractor for losses caused by these events. 7.1.3 The lowest responsive and responsible bidder shall submit to the Architect and the Owner within ten days after the bid opening a letter/letters from the manufacturer stating that the manufacturer will issue the roof system guarantee complying with the requirements of Facility Planning and Control based on the specified roof system and include the name of the applicator acceptable to the manufacturer at the highest level of certification for installing the specified roof system. This manufacturer shall be one that has received prior approval or is named in the specifications. In accordance with La. R.S. 38:2227 [references La R.S. 38:2212(A)(3)(c)(ii), which has since been renumbered as La R.S. 38:2212(B)(3)], La. R.S. 38:2212.10 and La. R.S. 23:1726(B) the apparent low bidder on this Project shall submit the completed Attestations Affidavit (Past Criminal Convictions of Bidders, Verification of Employees and Certification Regarding Unpaid Workers Compensation Insurance) form found within this bid package to the University of Louisiana at Lafayette within 10 days after the opening of bids. ARTICLE 8 PERFORMANCE AND PAYMENT BOND 8.1 Bond Required 8.1.1 The Contractor shall furnish and pay for a Performance and Payment Bond written by a company licensed to do business in Louisiana, which shall be signed by the surety's agent or attorney-in-fact, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U. S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A. M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A. M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact. The Bond shall be in favor of the University of Louisiana at Lafayette. 8.2 Time of Delivery and Form of Bond 8.2.1 The Bidder shall deliver the required bond to the Owner simultaneous with the execution of the Contract. 8.2.2 A surety company’s bid bond form/document will be sufficient for any bid submission. 8.2.3 The Bidder shall require the Attorney-in-Fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of his power of Attorney. ARTICLE 9 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 9.1 Form to be Used File No. 24213 (R1623101) 19 of 42 9.1.1 Form of the Contract to be used shall be furnished by the University of Louisiana at Lafayette, an example of which is bound in the Bid Documents. 9.2 Award 9.2.1 After award of the Contract, the successful Bidder, if a corporation, shall furnish to the Owner the most current copy of a Disclosure of Ownership Affidavit on file with the Secretary of State. 9.2.2 In accordance with Louisiana Law, when the Contract is awarded, the successful Bidder shall, at the time of the signing of the Contract, execute the Non-Collusion Affidavit included in the Contract Documents 9.2.3 When this Project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is duly executed. END OF SECTION SUPPLEMENTARY CONDITIONS https://www.doa.la.gov/.../27_Supplementary_Conditions_April2018.docx These Supplementary Conditions modify, change, delete from or add to the General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition. Where any Article of the General Conditions is modified or any Section, Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions of that Section, Article, Paragraph, Subparagraph or Clause shall remain in effect. Articles, Sections, Paragraphs, Subparagraphs or Clauses modified or deleted have the same numerical designation as those occurring in the General Conditions. ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1. The Contract Documents In Section 1.1.1 delete the third sentence, and add the following sentence: The Contract Documents shall include the Bid Documents as listed in the Instructions to Bidders and any modifications made thereto by addenda. 1.1.8 Initial Decision Maker Delete all after the words, “shall not show partiality to the Owner or Contractor”. 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE [REFER TO La R.S. 38:2317] 1.5.1 Delete the first sentence of the paragraph. 1.5.1 In the third sentence: delete the remainder after the word “publication”. 1.7 DIGITAL DATA USE AND TRANSMISSION In the first sentence after the words, “in digital form” delete “. The parties will use AIA Document E203 2013, Building Information Modeling and Digital Data Exhibit”. 1.8 BUILDING INFORMATION MODELS USE AND RELIANCE Delete Section 1.8. https://www.doa.la.gov/.../27_Supplementary_Conditions_April2018.docx File No. 24213 (R1623101) 20 of 42 ARTICLE 2 OWNER 2.2 EVIDENCE OF THE OWNER’S FINANCIAL ARRANGEMENTS Delete Section 2.2. 2.3 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.3.1 In the first sentence, delete: all before “the Owner shall secure...” Delete Section 2.3.2 and substitute the following: 2.3.2 The term Architect, when used in the Contract Documents, shall mean the prime Designer (Architect, Engineer, or Landscape Architect), or his authorized representative, lawfully licensed to practice architecture, engineering, or landscape architecture in the State of Louisiana, identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. 2.3.3 Delete the words: “to whom the Contractor has no reasonable objection and”. ARTICLE 3 CONTRACTOR 3.4 LABOR AND MATERIALS 3.4.2 Delete Section 3.4.2. Delete Section 3.4.3 and substitute with the following: 3.4.3 Contractor and its employees, officers, agents, representatives, and Subcontractors shall conduct themselves in an appropriate and professional manner, in accordance with the Owner’s requirements, at all times while working on the Project. Any such individual who behaves in an inappropriate manner or who engages in the use of inappropriate language or conduct while on Owner’s property, as determined by the Owner, shall be removed from the Project at the Owner’s request. Such individual shall not be permitted to return without the written permission of the Owner. The Owner shall not be responsible or liable to Contractor or any Subcontractor for any additional costs, expenses, losses, claims or damages incurred by Contractor or its Subcontractor as a result of the removal of an individual from the Owner’s property pursuant to this Section. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. 3.5 WARRANTY 3.5.2 Replace reference to “Section 9.8.4” with “Section 9.8.6”. 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS (La R.S. 40:1724[A]) 3.7.1 Delete Section 3.7.1. 3.7.2 In Section 3.7.2, replace the word “public” with the word “State”. Delete Section 3.7.5 and substitute the following: 3.7.5 If, during the course of the Work, the Contractor discovers human remains, unmarked burial or archaeological sites, burial artifacts, or wetlands, which are not indicated in the Contract Documents, the Contractor shall follow all procedures mandated by State and Federal law, including but not limited to La R.S. 8:671 et seq., the Office of Coastal Protection and Restoration, and Sections 401 & 404 of the Federal Clean Water Act. Request for adjustment of the Contract Sum and Contract Time arising from the existence of such remains or features shall be submitted in writing to the Owner pursuant to the Contract File No. 24213 (R1623101) 21 of 42 Documents. 3.8 ALLOWANCES Delete Sections 3.8.1, 3.8.2, and 3.8.3 in their entirety and add the following new Section 3.8.1: 3.8.1 Allowances shall not be made on any of the Work. 3.9 SUPERINTENDENT 3.9.1 Add the following to the end of the paragraph: Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR’S CONSTRUCTION AND SUBMITTAL SCHEDULES 3.10.1 Add the following: For Projects with a contract sum greater than $1,000,000.00, the Contractor shall include with the schedule, for the Owner’s and Architect’s information, a network analysis to identify those tasks which are on the critical path, i.e., where any delay in the completion of these tasks will lengthen the Project timescale, unless action is taken. A revised schedule shall be submitted with each Application and Certificate for Payment. No payment shall be made until this schedule is received. 3.10.3 In the first sentence, delete the word “general”. After the first sentence, add the following: If the Work is not on schedule, as determined by the Architect, and the Contractor fails to take action to bring the Work on schedule, then the Contractor shall be deemed in default under this Contract and the progress of the Work shall be deemed unsatisfactory. Such default may be considered grounds for termination by the Owner for cause in accordance with Section 14.2. Add the following Sections: 3.10.4 Add the following: Submittal by the contractor of a schedule or other documentation showing a completion date for his Work prior to the completion date stated in the contract shall not impose any obligation or responsibility on the Owner or Architect for the earlier completion date. 3.10.5 In the event the Owner employs a commissioning consultant, the Contractor shall cooperate fully in the commissioning process and shall require all subcontractors and others under his control to cooperate. The purpose of such services shall be to ensure that all systems perform correctly and interactively according to the provisions of the Contract Documents. 3.11 DOCUMENTS AND SAMPLES AT THE SITE Add the following: This requirement is of the essence of the contract. The Architect shall determine the value of these documents and this amount shall not be approved for payment to the Contractor until all of the listed documents are delivered to the Architect in good order, completely marked with field changes and otherwise complete in all aspects. 4.2 ADMINISTRATION OF THE CONTRACT ARTICLE 4 ARCHITECT 4.2.1 In the first sentence, delete the phrase: “the date the Architect issues the final Certificate for Payment” and replace with the phrase “final payment is due, and with the Owner’s concurrence, from time to time during the one year period for correction of Work described in Section 12.2.” File No. 24213 (R1623101) 22 of 42 4.2.2 In the first sentence, after the phrase: “become generally familiar with”; insert the following: “and to keep the Owner informed about”. In the first sentence, after the phrase “portion of the Work completed”, insert the following: “to endeavor to guard the Owner against defects and deficiencies in the Work,” 4.2.4 In the first sentence, delete all after “The Owner and Contractor”, and add the following “may communicate directly with each other, when deemed necessary by the Owner, and the Owner will notify the Architect of any decision.” 4.2.10 Add the following sentence to the end of Section 4.2.10: There shall be no restriction on the Owner having a Representative. 4.2.11 Add the following sentence to the end of Section 4.2.11: If no agreement is made concerning the time within which interpretation required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretation until 15 days after written request is made for them. 4.2.14 Insert the following sentence between the second and third sentences of Section 4.2.14: If no agreement is made concerning the time within which interpretation required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretation until 15 days after written request is made for them. ARTICLE 5 SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Delete Section 5.2.1, and substitute the following: 5.2.1 Unless otherwise required by the Contract Documents, the Contractor shall furnish at the Pre- Construction Conference, to the Owner and the Architect, in writing, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. No Contractor payments shall be made until this information is received. 5.2.2 Delete Section 5.2.2, and substitute the following: 5.2.2 The Contractor shall be solely responsible for selection and performance of all subcontractors. The Contractor shall not be entitled to claims for additional time and/or an increase in the contract sum due to a problem with performance or nonperformance of a subcontractor. Delete Sections 5.2.3 and 5.2.4 and substitute the following: 5.2.3 The Contractor shall notify the Architect and the Owner when a subcontractor is to be changed and substituted with another subcontractor. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Delete Sections 5.4, 5.4.1, 5.4.2 and 5.4.3 7.1 GENERAL Add the following Sections: ARTICLE 7 CHANGES IN THE WORK File No. 24213 (R1623101) 23 of 42 7.1.4 As part of the pre-construction conference submittals, the Contractor shall submit the following prior to the Contractor’s initial request for payment: 7.1.4.1 Fixed job site overhead cost itemized with documentation to support daily rates. 7.1.4.2 Bond Premium Rate with supporting information from the General Contractor’s carrier. 7.1.4.3 Labor Burden by trade for both Subcontractors and General Contractor. The Labor Burden shall be supported by the Worker’s Compensation and Employer’s Liability Insurance Policy Information Page. Provide for all trades. 7.1.4.4 Internal Rate Charges for all significant company owned equipment. 7.1.5 If the General Contractor fails to submit the aforementioned documentation as part of the pre- construction submittals, then pay applications shall not be processed until such time as the Owner receives this information. 7.2 CHANGE ORDERS Delete Section 7.2.1, and substitute the following Sections: 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, the Architect, and the Contractor issued after execution of the Contract, authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time. Any reservation of rights, stipulation, or other modification made on the change order by the contractor shall have no effect. 7.2.2 “Cost of the Work” for the purpose of Change Orders shall be the eligible costs required to be incurred in performance of the Work and paid by the Contractor and Subcontractors which eligible costs shall be limited to: 7.2.2.1 Actual wages paid directly to labor personnel, with a labor burden markup exclusively limited to applicable payroll taxes, worker’s compensation insurance, unemployment compensation, and social security taxes for those labor personnel performing the Work. Wages shall be the basic hourly labor rate paid an employee exclusive of fringe benefits or other employee costs. The labor burden percentage for the “Cost of the Work” is limited to categories listed herein. Employer-provided health insurance, fringe benefits, employee training (whether a requirement of employment or not), vacation pay, etc., are examples of ineligible labor burden costs which shall not be included, as these costs are already compensated by the Overhead and Profit markup. Supervision shall not be included as a line item in the “Cost of the Work”, except when the change results in a documented delay in the critical path, as described in Section 7.2.7. 7.2.2.2 Cost of all materials and supplies necessary and required to perform the Work, identifying each item and its individual cost, including taxes. Incidental consumables are not eligible costs and shall not be included. 7.2.2.3 Cost of each necessary piece of machinery and equipment required to perform the Work, identifying each item and its individual cost, including taxes. Incidental small tools of a specific trade (i.e., shovels, saws, hammers, air compressors, etc.,) and general use vehicles, such as pickup trucks even for moving items around the site, fuel for these general use vehicles, travel, lodging, and/or meals are not eligible and shall not be included. 7.2.2.4 Eligible Insurance costs shall be limited to documented increases in “Builder’s Risk” insurance File No. 24213 (R1623101) 24 of 42 premium / costs only. Commercial General Liability, Automobile Liability, and all other required insurances, where referenced in the Contract shall be considered part of normal overhead. These costs are already compensated by the Overhead and Profit markup. 7.2.2.5 Cost for the General Contractor Performance and Payment Bond premium, where the documented cost of the premiums have been increased due to the Change Order. 7.2.3 Overhead and Profit - The Contractor and Subcontractor shall be due home office fixed overhead and profits on the Cost of the Work but shall not exceed a total of 16% of the direct cost of any portion of Work. The credit to the Owner resulting from a change in the Work shall be the sum of those items above, except credit will not be required for Overhead and Profit. Where a change results in both credits to the Owner and extras to the Contractor for related items, overhead and profit shall only be computed on the net extra cost to the Contractor. 7.2.4 The cost to the Owner resulting from a change in the Work shall be the sum of: Cost of the Work (as defined at Section 7.2.2) and Overhead and Profit (as defined at Section 7.2.3), and shall be computed as follows: 7.2.4.1 When all of the Work is General Contractor Work; 8% markup on the Cost of the Work. 7.2.4.2 When the Work is all Subcontract Work; 8% markup on the Cost of the Work for Subcontractor’s Overhead and Profit, plus 8% markup on the Cost of the Work, not including the Subcontractor’s Overhead and Profit markup, for General Contractor’s Overhead and Profit. 7.2.4.3 When the Work is a combination of General Contractor Work and Subcontract Work; that portion of the direct cost that is General Contract Work shall be computed per Section 7.2.4.1 and that portion of the direct cost that is Subcontract Work shall be computed per Section 7.2.4.2. Premiums for the General Contractor’s bond may be included, but after the markup is added to the Cost of the Work. Premiums for the Subcontractor’s Bond shall not be included. 7.2.4.4 Subcontract cost shall consist of the items in Section 7.2.2 above plus Overhead and Profit as defined in Section 7.2.3. 7.2.5 Before a Change Order is prepared, the Contractor shall prepare and deliver to the Architect the following information concerning the Cost of the Work, not subject to waiver, within a reasonable time after being notified to prepare said Change Order: A detailed, itemized list of labor, material and equipment costs for the General Contractor’s Work including quantities and unit costs for each item of labor, material and equipment. An itemized list of labor, material and equipment costs for each Subcontractor’s and/or Sub- Subcontractor’s Work including quantities and unit costs for each item of labor, material and equipment. 7.2.6 After a Change Order has been approved, no future requests for extensions of time or additional cost shall be considered for that Change Order. 7.2.7 Extended fixed job-site costs are indirect costs that are necessary to support the work in the field. Examples of fixed job-site costs are field office rental, salaries of field office staff, field office utilities and telephone. Extended fixed job-site costs or equitable adjustment, may be included in a Change Order due to a delay in the critical path, with the exception of weather related delays. In the event of a delay in the critical path, the Contractor shall submit all changes or adjustments to the Contract Time within twenty-one (21) days File No. 24213 (R1623101) 25 of 42 of the event giving rise to the delay. The Contractor shall submit documentation and justification for the adjustment by performing a critical path analysis of its most recent schedule in use prior to the change, which shows an extension in critical path activities. The Contractor shall notify the Architect in writing that the Contractor is making a claim for extended fixed job-site overhead as required by Section 15.1.2. The Contractor shall provide proof that the Contractor is unable to mitigate financial damages through Alternate Work within this Contract or replacement work. “Replacement Work” is that work which the Contractor is obligated to perform under any construction contract separate from this Contract. Reasonable proof shall be required by the Architect that the delays affected the Completion Date. 7.2.8 “Cost of the Work” whether General Contractor cost or Subcontractor cost shall not apply to the following: 7.2.8.1 Salaries or other compensation of the Contractor’s personnel at the Contractor’s principal office and branch offices. 7.2.8.2 Any part of the Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work. 7.2.8.3 Overhead and general expenses of any kind or the cost of any item not specifically and expressly included above in Cost of the Work. 7.2.8.4 Cost of supervision, refer to section 7.2.2.1, with exception as provided in Section 7.2.7. 7.2.9 When applicable as provided by the Contract, the cost to Owner for Change Orders shall be determined by quantities and unit prices. The quantity of any item shall be as submitted by the Contractor and approved by the Architect. Unit prices shall cover cost of Material, Labor, Equipment, Overhead and Profit. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.3 In the first sentence after “following methods” insert: “, but not to exceed a specified amount”. 7.3.4 From .1 of the list, delete all after “Costs of labor, including” and substitute the following “social security, old age and employment insurance, applicable payroll taxes, and workers’ compensation insurance;” Delete the following from .4 of the list: “permit fees,” Delete Section 7.3.9 and substitute the following: 7.3.9 Pending final determination of the total costs of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties’ agreement with part or all of such costs. ARTICLE 8 TIME 8.1 DEFINITIONS Add the following: 8.1.5 The Contract Time shall not be changed by the submission of a schedule that shows an early completion date unless specifically authorized by change order. 8.2 PROGRESS AND COMPLETION Add to Section 8.2.1 the following: Completion of the Work must be within the Time for Completion stated in the Agreement, subject to such File No. 24213 (R1623101) 26 of 42 extensions as may be granted under Section 8.3. The Contractor agrees to commence Work not later than fourteen (14) days after the transmittal date of Written Notice to Proceed from the Owner and to substantially complete the Project within the time stated in the Contract. The Owner will suffer financial loss if the Project is not substantially complete in the time set forth in the Contract Documents. The Contractor and the Contractor’s Surety shall be liable for and shall pay to the Owner the sum stated in the Contract Documents as fixed, agreed and liquidated damages for each consecutive calendar day (Saturdays, Sundays and holidays included) of delay until the Work is substantially complete. The Owner shall be entitled to the sum stated in the Contract Documents. Such Liquidated Damages shall be withheld by the Owner from the amounts due the Contractor for progress payments. Delete Section 8.2.2. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 In the first sentence after the words “Owner pending” delete the words “mediation and binding dispute resolution” and add the word “litigation”, and delete the last word “determine” and add the following: “recommend, subject to Owner’s approval of Change Order. If the claim is not made within the limits of Article 15, all rights for future claims for that month are waived.” ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM Delete Section 9.1.2. Delete Section 9.2 and substitute the following: 9.2 SCHEDULE OF VALUES At the Pre-Construction Conference, the Contractor shall submit to the Owner and the Architect a Schedule of Values prepared as follows: 9.2.1 The attached Schedule of Values Format shall be used. If applicable, the cost of Work for each section listed under each division, shall be given. The cost for each section shall include Labor, Materials, Overhead and Profit. 9.2.2 The Total of all items shall equal the Total Contract Sum. This schedule, when approved by the Architect, shall be used as a basis for the Contractor’s Applications for Payment and it may be used for determining the cost of the Work in deductive change orders, when a specific item of Work listed on the Schedule of Values is to be removed. Once the Schedule of Values is submitted at the Pre-Construction Conference, the schedule shall not be modified without approval from the Owner and Architect. 9.3 APPLICATIONS FOR PAYMENT Delete Sections 9.3.1, 9.3.1.1, and 9.3.1.2 and substitute the following: 9.3.1 Monthly, the Contractor shall submit to the Architect an Application & Certificate for Payment on the AIA Document G702-1992, accompanied by AIA Document G703-1992, and supported by any additional data substantiating the Contractor’s right to payment as the Owner or the Architect may require. Application for Payment shall be submitted on or about the first of each month for the value of labor and materials incorporated into the Work and of materials, suitably stored, at the site as of the twenty-fifth day of the preceding month, less normal retainage as follows, per La R.S. 38:2248: 9.3.1.1 Projects with Contract price up to $500,000.00 – 10% of the Contract price. 9.3.1.2 Projects with Contract price of $500,000.00, or more – 5% of the Contract price. 9.3.1.3 No payment shall be made until the revised schedule required by Section 3.10.1 is received. 9.3.1.4 The normal retainage shall not be due the Contractor until after substantial completion and File No. 24213 (R1623101) 27 of 42 expiration of the forty-five day lien period and submission to the Architect of a clear lien certificate, consent of surety, and invoice for retainage. Delete Section 9.3.2 and substitute the following: 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payments for materials or equipment stored on the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, including applicable insurance. 9.5 DECISIONS TO WITHHOLD CERTIFICATION Section 9.5.1.7: Delete the word “repeated”. Delete Section 9.5.4. 9.6 PROGRESS PAYMENTS Delete Section 9.6.1 and substitute the following: 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment within twenty days except for Projects funded fully or in part by a Federal reimbursement program. For such Projects the Owner will make payment in a timely manner consistent with reimbursement. 9.6.2 Delete the phrase: “no later than seven days” from the first sentence. After the end of the second sentence, add the following: La R.S. 9:2784 (A) and (C) require a Contractor or Subcontractor to make payment due to each Subcontractor and supplier within fourteen (14) consecutive days of the receipt of payment from the Owner. If not paid, a penalty in the amount of 1⁄2 of 1% per day is due, up to a maximum of 15% from the expiration date until paid. The contractor or subcontractor, whichever is applicable, is solely responsible for payment of a penalty. 9.6.4 Delete the first two sentences of Section 9.6.4 and add the following to the end of the Section: Pursuant to La. R.S. 38:2242 and La. R.S. 38:2242.2, when the Owner receives any claim of nonpayment arising out of the Contract, the Owner shall deduct 125% of such claim from the Contract Sum. The Contractor, or any interested party, may deposit security, in accordance with La. R.S. 38:2242.2, guaranteeing payment of the claim with the recorder of mortgages of the parish where the Work has been done. When the Owner receives original proof of such guarantee from the recorder of mortgages, the claim deduction will be added back to the Contract Sum. Delete Section 9.7 FAILURE OF PAYMENT. Delete Section 9.8 and substitute the following: 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Architect shall determine if the Project is substantially complete in accordance with this Section. 9.8.2 When the Contractor considers that the Work is Substantially Complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final File No. 24213 (R1623101) 28 of 42 payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor’s list, the Architect shall make an inspection to determine whether the Work is substantially complete. A prerequisite to the Work being considered as substantially complete is the Owner’s receipt of the executed Roofing Contractor’s and Roofing Manufacturer’s guarantees, where roofing Work is part of the Contract. Prior to inspection by the Architect, the Contractor shall notify the Architect that the Project is ready for inspection by the State Fire Marshal’s office. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, the Contractor shall, before the Work can be considered as Substantially Complete, complete, or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Architect determines that the Project is Substantially Complete, he shall prepare a punch list of exceptions and the dollar value related thereto. The monetary value assigned to this list will be the sum of the cost estimate for each particular item of Work the Architect develops based on the mobilization, labor, material, and equipment costs of correcting the item and shall be retained from the monies owed the contractor, above and beyond the standard lien retainage. The cost of these items shall be prepared in the same format as the schedule of values. At the end of the forty-five day lien period payment shall be approved for all punch list items completed up to that time. After that payment, none of the remaining funds shall be due the contractor until all punch list items are completed and are accepted by the Architect. If the dollar value of the punch list exceeds the amount of funds, less the retainage amount, in the remaining balance of the Contract, then the Project shall not be considered as substantially complete. If funds remaining are less than that required to complete the Work, the Contractor shall pay the difference. 9.8.5 When the preparation of the punch list is complete the Architect shall prepare a Recommendation of Acceptance incorporating the punch list and submit it to the Owner. Upon approval of the Recommendation of Acceptance, the Owner may issue a Notice of Acceptance of Building Contract which shall establish the Date of Substantial Completion. The Contractor shall record the Notice of Acceptance with the Clerk of Court in the Parish in which the Work has been performed. If the Notice of Acceptance has not been recorded seven (7) days after issuance, the Owner may record the Acceptance at the Contractor’s expense. All additive change orders must be processed before issuance of the Recommendation of Acceptance. The Owner shall not be responsible for payment for any Work associated with change orders that is not incorporated into the contract at the time of the Recommendation of Acceptance. 9.8.6 Warranties required by the Contract Documents shall commence on the date of Acceptance of the Work unless otherwise agreed to in writing by the Owner and Contractor. Unless otherwise agreed to in writing by the Owner and Contractor, security, maintenance, heat, utilities, damage to the Work not covered by the punch list and insurance shall become the Owner’s responsibility on the Date of Substantial Completion. 9.8.7 If all punch list items have not been completed by the end of the forty-five (45) day lien period, through no fault of the Architect or Owner, the Owner may hold the Contractor in default. If the Owner finds the Contractor is in default, the Surety shall be notified. If within forty-five (45) days after notification, the Surety has not completed the punch list, through no fault of the Architect or Owner, the Owner may, at his option, contract to have the balance of the Work completed and pay for such Work with the unpaid funds remaining in the Contract sum. Finding the Contractor in default shall constitute a reason for disqualification of the Contractor from bidding on future state contracts. If the surety fails to complete the punch list within the stipulated time period, the Owner may not accept bonds submitted, in the future, by the surety. File No. 24213 (R1623101) 29 of 42 9.9 PARTIAL OCCUPANCY OR USE Delete Section 9.9.1 and substitute the following: 9.9.1 Partial Occupancy is that stage in the progress of the Work when a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the designated portion of the Work for its intended use. The Owner may occupy or use any substantially completed portion of the Work so designated by separate agreement with the Contractor and authorized by public authorities having jurisdiction over the Work. Such occupancy or use may commence provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers the designated portion substantially complete the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 After the second sentence, add the following: If the Architect does not find the Work acceptable under the Contract Documents, the Architect shall make one additional inspection; if the Work is still not acceptable, the Architect, and each of the Architect’s principal consultants, shall be paid $175.00/hour for their time at the Project site, for each additional inspection, to be withheld from the unpaid funds remaining in the Contract sum. The payment shall be made by the Owner and deducted from the construction contract funds. Delete Section 9.10.4 and replace with the following: 9.10.4 The making of final payment shall not constitute a waiver of Claims by the Owner for the following: 9.10.4.1 Claims, security interests, or encumbrances arising out of the Contract and unsettled; 9.10.4.2 failure of the Work to comply with the requirements of the Contract Documents irrespective of when such failure is discovered; 9.10.4.3 terms of special warranties required by the Contract Documents; or 9.10.4.4 audits performed by the Owner, after final payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.2 In the first sentence, between the words: “bearing on” and “safety”, add the words: “the health and,” 10.3 HAZARDOUS MATERIALS 10.3.1 In the second sentence after (PCB) add: “or lead”. 10.3.2 After the first sentence, delete all remaining sentences. Add at the end: “The Contract time shall be extended appropriately.” Delete Section 10.4 and substitute the following: File No. 24213 (R1623101) 30 of 42 10.4 EMERGENCIES In an emergency affecting the safety of persons or property, the Contractor shall notify the Owner and Architect immediately of the emergency, simultaneously acting at his discretion to prevent damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency Work shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS AIA A101 – 2017 Exhibit A is not a part of these documents. Delete all of Sections 11.1, 11.2, 11.3, 11.4, and 11.5, and substitute the following: INSURANCE REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND RENOVATIONS 11.1 CONTRACTOR’S LIABILITY INSURANCE The Contractor shall purchase and maintain without interruption for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The duration of the contract shall be from the inception of the contract until the date of final payment. 11.2 MINIMUM SCOPE AND LIMITS OF INSURANCE 11.2.1 Worker’s Compensation Worker’s Compensation insurance shall be in compliance with the Worker’s Compensation law of the Contractor’s headquarters. Employers Liability is included with a minimum limit of $1,000,000 per accident/per disease/per employee. If Work is to be performed over water and involves maritime exposure, applicable LHWCA, Jones Act or other maritime law coverage shall be included. A.M. Best’s insurance company rating requirement may be waived for Worker’s compensation coverage only. 11.2.2 Commercial General Liability Commercial General Liability insurance, including Personal and Advertising Injury Liability and Products and Completed Operations Liability, shall have a minimum limit per occurrence based on the Project value. The Insurance Services Office (ISO) Commercial General Liability occurrence coverage form CG 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. Claims- made form is unacceptable. The aggregate loss limit must apply to each Project. ISO form CG 25 03 (current form approved for use in Louisiana), or equivalent, shall also be submitted. The State Project number, including part number, and Project name shall be included on this endorsement. COMBINED SINGLE LIMIT (CSL) PER OCCURRENCE Type of Projects Projects over $1,000,000 up to Projects over Construction up to $1,000,000 _$50,000,000 $50,000,000 New Buildings: Each Occurrence Minimum Limit $1,000,000 $2,000,000 $4,000,000 Per Project Aggregate $2,000,000 $4,000,000 $8,000,000 Renovations: The building(s) value for the Project is $ . Each Occurrence Minimum Limit $1,000,000** $2,000,000** $4,000,000** Per Project Aggregate 2 times per 2 times per 2 times per File No. 24213 (R1623101) 31 of 42 occur limit** occur limit** occur limit** **While the minimum Combined Single Limit of $1,000,000 is required for any renovation, the limit is calculated by taking 10% of the building value and rounding it to the nearest $1,000,000 to get the insurance limit. Example: Renovation on a $33,000,000 building would have a calculated $3,000,000 combined single limit of coverage (33,000,000 times .10 = 3,300,000 and then rounding down to $3,000,000). If the calculated limit is less than the minimum limit listed in the above chart, then the amount needed is the minimum listed in the chart. Maximum per occurrence limit required is $50,000,000 regardless of building value. The per Project aggregate limit is then calculated as twice the per occurrence limit. 11.2.3 Automobile Liability Automobile Liability Insurance shall have a minimum combined single limit per occurrence of $1,000,000. ISO form number CA 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. This insurance shall include third-party bodily injury and property damage liability for owned, hired and non-owned Automobiles. 11.2.4 Excess Umbrella Excess Umbrella Insurance may be used to meet the minimum requirements for General Liability and Automobile Liability only. 11.2.5 Builder’s Risk 11.2.5.1 Builder’s Risk Insurance shall be in an amount equal to the amount of the construction contract including any amendments and shall be upon the entire Work included in the contract. The policy shall provide coverage equivalent to the ISO form number CP 10 20, Broad Form Causes of Loss (extended, if necessary, to include the perils of wind, earthquake, collapse, vandalism/malicious mischief, and theft, including theft of materials whether or not attached to any structure). The policy must include architects’ and engineers’ fees necessary to provide plans, specifications and supervision of Work for the repair and/or replacement of property damage caused by a covered peril, not to exceed 10% of the cost of the repair and/or replacement. 11.2.5.2 Flood coverage shall be provided by the Contractor on the first floor and below for all Projects, except as otherwise noted. The builder’s risk insurance policy, sub-limit for flood coverage shall not be less than ten percent (10%) of the total contract cost per occurrence. If flood is purchased as a separate policy, the limit shall be ten percent (10%) of the total contract cost per occurrence (with a max of $500,000 if NFIP). Coverage for roofing Projects shall not require flood coverage. 11.2.5.3 A Specialty Contractor may provide an installation floater in lieu of a Builder’s Risk policy, with the similar coverage as the Builder’s Risk policy, upon the system to be installed in an amount equal to the amount of the contract including any amendments. Flood coverage is not required. 11.2.5.4 The policy must include coverage for the Owner, Contractor and any subcontractors as their interests may appear. 11.2.6 Pollution Liability (required when asbestos or other hazardous material abatement is included in the contract) Pollution Liability insurance, including gradual release as well as sudden and accidental, shall have a minimum limit of not less than $1,000,000 per claim. A claims-made form will be acceptable. A policy period inception date of no later than the