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PROJECT MANUAL
SPECIFICATIONS
FOR
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VOLUME 1
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The following Contract Documents and Technical Specifications have been prepared under my
direct supervision and guidance for the Plaquemines Parish Government in conjunction with the
Plans and for the explicit use by the Owner and Contractors for the bidding and construction of
the project:
PLAQUEMINES PARISH GOVERNMENT
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MICHAEL ALAN HAWWN8 =
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I MATTHEW R. HARMON =
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% PROFESSIONAL ENGINEER I
PROJECT MANUAL
and
TECHNICAL SPECIFICATIONS
For
NEW PORT SULPHUR PUBLIC LIBRARY
138 Civic Drive, Port Sulphur, Louisiana 70083
for
PLAQUEMINES PARISH GOVERNMENT
August 29, 2017
TABLE OF CONTENTS
VOLUME 11 OF 2
VOLUME 11 OF 2
01
DIVISION 01 GENERAL REQUIREMENTS
01
01 01
01 00 Summary of of Work
01
01 02 70 Applications for Payment
01
01 03 50 Modification Procedures
01
01 04 00 Coordination
01
01 04 50 Cutting and Patching
01
01 05 00 Field Engineering
01
01 08 50 Applicable Standards
01
01 09 00 Reference Standards
01
01 20 00 Project Meetings
01
01 30 00 Samples, Shop Drawings and Submittal Submissions
01
01 40 00 Quality Control and Testing
01
01 41
41 00 Testing Laboratory Services
01
01 50 00 Temporary Facilities and Controls
01
01 58 13
5813 Project Identification
Identification Signage
01
01 63 10 Product Substitutions
01
01 70 10
7010 Cleaning
01
01 70 50 Project Closeout
01
01 78 30 Operation and Maintenance Data
01
01 78 40 Demonstration and Training
DIVISION 03 CONCRETE
*As prepared by Harmon Engineering, LLC
DIVISION 04 MASONRY
*As prepared by Harmon Engineering, LLC
04 20 00 Unit Masonry
04 20 00.01
00.01 Masonry Inspection Report
*04 22 00 Concrete Unit Masonry
04 72 00 Cast Stone Masonry
DIVISION 05 METALS
*As prepared by Harmon Engineering, LLC
*05 12
12 00 Structural Steel
*05 40 00 Cold-Formed Metal Framing
05 50 00 Metal Fabrications
05 51
51 00 Metal Stairs
05 52 13 Pipe and Tube Railings
VOLUME 11 OF 2
06 10
10 00 Rough Carpentry
06 16
16 00 Sheathing
06 16
16 10 Glass Mat Faced Exterior Board Sheathing
06 20 23 Interior
Interior Finish Carpentry
06 40 23 Interior
Interior Architectural Millwork
06 41
41 00 Workroom/Breakroom Cabinets
07 13
13 00 Waterproofing
07 14
14 60 Crystalline Concrete Waterproofing
07 21
21 00 Thermal Insulation
07 22 00 Spray Applied Closed Cell Foam Insulation
Insulation
07 41
41 12 Standing Seam Metal RoofRoof and Soffit Panels
07 52 16 SBS-Modified Bituminous
Bituminous Membrane Roofing
07 62 00 Sheet Metal Flashing and Trim
07 84 13 Penetration Firestopping
07 84 46 Fire-Resistive
F ire-Resistive Joint Systems
07 92 00 Joint Sealants
07 95 00 Expansion Control
DIVISION 08 OPENINGS
08 11
11 13 Hollow Metal Doors and Frames
08 14
14 16 Flush Wood Doors
08 41
41 13 Aluminum-Framed Entrances and Storefront Framing
08 51
51 13 Aluminum Windows
08 71
71 00 Door Hardware
08 80 00 Glazing
08 91
91 19 Louvers and Vents
08 95 43 Flood Vents
VOLUME 2 OF 2
DIVISION 09 FINISHES
09 21
21 16 Wall Board Assemblies
09 30 00 Tiling
09 51
51 13 Acoustical Panel Ceilings
09 65 13 Flooring Accessories
09 65 19 Luxury Vinyl Tile Flooring
09 68 13 Tile Carpeting
09 90 00 Interior and Exterior Paints, Stains and Coatings
VOLUME 2 OF 2
DIVISION 10 SPECIALTIES
10 10 00
1000 Metal Column Covers
10 11
11 00 Visual Display Surfaces
1400
10 14 00 Signage
1023
10 23 10 Glazed Interior Wall and Door Assemblies
10 28 00 Toilet, Bath, and Custodian Accessories
10 44 13
1044 Fire Extinguisher Cabinets
10 44 16 Fire Extinguishers
10 57 00 Wardrobe and Closet Specialties
DIVISION 11
11 EQUIPMENT
11
11 51
51 16 Book Depository
DIVISION 12 FURNISHINGS
21 00
14 21 Electric Traction Elevators
DIVISION 21
21 FIRE SUPPRESSION
*As prepared by ADG New Orleans, LLC
*21
*21 11
11 00 Fire Protection Piping
*21
*21 13 19 Sprinkler Systems
DIVISION 22 PLUMBING
*As prepared by ADG New Orleans, LLC
+As prepared by Harmon Engineering, LLC
VOLUME 2 OF 2
DIVISION 26 ELECTRICAL
*As prepared by ADG New Orleans, LLC
*26 01
01 00 Basic Electrical Requirements
*26 05 00 Common Work Results for Electrical
*26 05 19 Low-Voltage Electrical Power Conductors and Cables
*26 05 26 Grounding and Bonding for Electrical Systems
*26 05 29 Hangers and Supports for Electrical Systems
*26 05 33 Raceways and Boxes and Electrical Systems
*26 05 53 Identification for Electrical Systems
*26 24 16
16 Panelboards
*26 27 26 Wiring Devices
*26 28 13
13 Fuses
*26 28 16 Enclosed Switches and Circuit Breakers
*28 31
31 00 Fire Detection and Alarm System
VOLUME 2 OF 2
31
DIVISION 31 EARTHWORK
*As prepared by Harmon Engineering, LLC
*31
*31 10
10 10 Site Clearing
*31
*31 20 10 Earth Moving
31
31 31
31 16 Termite Control
*31
*31 62 19 Timber Piles
*32 13
13 13 Concrete Paving
32 33 13
13 Site Bike Racks
Plaquemines Parish Engineering and Public Works (herein referred to as the "Owner") by virtue
Plaquemines Parish Engineering and Public Works (herein referred to as the "Owner") by virtue
and in conformity with the provisions of Act 70 of the 1946 Regular Session of the Louisiana
and in conformity with the provisions of Act 70 of the 1946 Regular Session of the Louisiana
Revised Statutes of 1950, as amended, and other applicable laws, sealed bids marked “Sealed
Revised Statutes of 1950, as amended, and other applicable laws, sealed bids marked "Sealed
Bid – Parish of Plaquemines – Community Development Block Grant – Disaster Recovery Project
Bid - Parish of Plaquemines - Community Development Block Grant - Disaster Recovery Project
to be financed by the State of Louisiana, Hurricane Katrina/Rita CDBG – Disaster Recovery
to be financed by the State of Louisiana, Hurricane Katrina/Rita CDBG - Disaster Recovery
Program – Parish Project No. “16‐06‐01” will be received by the Owner for the construction of
Program - Parish Project No. "16-06-01" will be received by the Owner for the construction of
the project described as follows:
the project described as follows:
This Project involves the construction of of a new Library in Port Sulphur, Louisiana.
Louisiana. This new
Library is to replace the existing Library that was previously
previously located on this site and is to be
elevated to meet FEMA Base Flood elevation requirements per per the Bid Documents.
Documents. The project
project
also includes all of of the new site paving
paving and site improvements per per the Bid Documents.
Documents. The
existingfoundation
foundation and concrete slabs on this site shall also be demolished as partpart of
ofthis project
project
scope of work.
of work.
roposals shall
PProposals shall be
be addressed
addressed to
to the
the Parish
Parish of
of Plaquemines,
Plaquemines, and
and delivered
delivered to
to the
the office
office of
of the
the
Department of Engineering located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA
Department of Engineering located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA
70037
70037 no
no later
later than
than 10:00
10:00 a.m.,
a.m., on
on the
the 3rd
3rd day
day of
of October,
October, 2017.
2017. “Sealed
"Sealed Bid – Parish
Bid - Parish of
of
Plaquemines – Community Development block Grant – Disaster Recovery Project to be financed
Plaquemines - Community Development block Grant - Disaster Recovery Project to be financed
by
by the
the State
State of
of Louisiana,
Louisiana, Hurricane
Hurricane Katrina/Rita
Katrina/Rita CDBG
CDBG - – Disaster
Disaster Recovery
Recovery Program
Program – - Parish
Parish
Project No.“16‐06‐01.” Any bid received after the specified time and date will not be considered.
Project No."16-06-01." Any bid received after the specified time and date will not be considered.
The sealed bids will be publicly opened and read aloud at 10:00
The sealed bids will be publicly opened and read aloud at 10:00 a.m. on the 3rd day of October,
a.m. on the 3rd day of October,
2017, in the Conference Room at the Plaquemines Parish Government Office of Engineer and
2017, in the Conference Room at the Plaquemines Parish Government Office of Engineer and
Public Works located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA 70037.
Public Works located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA 70037.
"Complete Bidding Documents for this project are being distributed in electronic form on behalf
"Complete Bidding Documents for this project are being distributed in electronic form on behalf
of the Owner by Lettermans. They may be obtained without charge and without deposit from
of the Owner by Lettermans. They may be obtained without charge and without deposit from
the Public Plan Room at www.lettermansbidconnect.com. Printed copies are not available from
the Public Plan Room at www.lettermansbidconnect.com. Printed copies are not available from
the Owner or Designer but arrangements can be made to obtain them through most reprographic
the Owner or Designer but arrangements can be made to obtain them through most reprographic
firms.
firms. Plan
Plan holders
holders are
are responsible
responsible for
for their
their own
own reproduction
reproduction costs.
costs. Questions
Questions about
about this
this
procedure
procedure shall
shall be
be directed
directed to
to Lettermans:
Lettermans: Lettermans,
Lettermans, 2475
2475 Canal
Canal Street,
Street, Suite
Suite 101,
101, New
New
Orleans,
Orleans, LA
LA 70119.
70119. Phone:
Phone: 504‐821‐9997,
504-821-9997, Fax:
Fax: 504‐821‐9947
504-821-9947 Email:
Email:
nola.production@lettermans.com."
nola.production@lettermans.com."
Bids for this project may be submitted online at www.bidsync.com.
Bids for this project may be submitted online at www.bidsync.com.
A non‐mandatory Pre‐Bid Conference will be held on Thursday, September 14, 2017 at 11:00
A non-mandatory Pre-Bid Conference will be held on Thursday, September 14, 2017 at 11:00
a.m.
a.m. in
in the
the Conference
Conference Room
Room at
at the
the Plaquemines
Plaquemines Parish
Parish Government
Government Office
Office of
of Engineer
Engineer and
and
Public Works located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA 70037.
Public Works located at 333 F. Edward Hebert Blvd., Bldg. 500, Belle Chasse, LA 70037.
00100 ‐ 1 of 2
00100 -1 of 2
Pursuant to Louisiana Revised Statutes 38:2212 E.(I) and 38:2212.1 (B)(4) vendors/contractors
now have the option to submit their bids and bid bonds, electronically. To view bidding
documents, download, and receive bid notices by email, your company/agency will need to
register with BidSync at BidSync.com. If you need help registering or with completing an e‐bid,
please call 800‐990‐9399 (M‐F) 8 AM to 7PM (CST).
Contractors submitting bids shall be licensed under LA License R.S. 37:2150‐2164, Building
Construction. Other license classifications may, at the option of the Owner, be considered based
upon a thorough review of the Contractor’s past experience. The bidder shall show his license
number on the bid and on the sealed envelope submitting the bid.
The Owner reserves the right to reject any and all bids for just cause; such actions will be in
accordance with Title 38 of the Louisiana Revised Statutes.
In accordance with R.S. 38:2212B(1), the provisions and requirements stated in the bidding
documents shall not be considered as informalities and shall not be waived.
Each Bidder must deposit with his/her bid, security in the amount of at least five percent (5%) of
the total bid price, provided on the specified form and subject to the conditions provided in the
Information for Bidders. Sureties used for obtaining bonds must appear as acceptable on the U.
S. Department of Treasury Circular 570.
No bidder may withdraw his/her bid within forty‐five (45) days after the actual date of the
opening thereof.
Attention of Bidders is called particularly to the requirements for conditions of employment to
be observed and minimum wage rates to be paid under the Contract (Davis‐Bacon Act), Section
3 (Low Income Resident Participation) of the Housing and Urban Development Act of 1968,
Section 109 (Non‐Discrimination) of the Housing and Community Development Act of 1974,
Section 503 (Non‐Discrimination Against Employees with Disabilities) and Section 504 (Non‐
Discrimination Against Individuals with Disabilities) of the Rehabilitation Act of 1973, Segregated
Facilities, Executive Order 11246, and all applicable laws and regulations of the Federal
government and State of Louisiana and bonding and insurance requirements. Minority owned
firms and businesses are encouraged to participate.
Any person with disabilities requiring special accommodations must contact the Parish of
Plaquemines no later than seven (7) days prior to bid opening.
PLAQUEMINES PARISH GOVERNMENT
BY: AMOS CORMIER, PARISH PRESIDENT
Published Dates:
August 29, 2017
September 5, 2017
September 12, 2017
00100 ‐ 2 of 2
PLAQUEMINES PARISH GOVERNMENT (PPG) ENGINEERING DEPARTMENT
I. INSTRUCTIONS TO BIDDERS
A. General
(1) Sealed bids will be received in the office of the PPG Engineering Department, 333
F. Edward Hebert Blvd. Building 500, Belle Chasse, Louisiana 70037, until the date
and hour specified on Page 1 of the Advertisement or Invitation to Bid, at which time
the bids are publicly opened. Engineering Department hours are M-F, 8-4. LATE BIDS
WILL NOT BE ACCEPTED.
(2) All bids submitted are subject to these instructions and general conditions and any
special conditions and specifications contained herein, all of which are made part of
this bid proposal.
(3) PPG reserves the right to reject any and all bids for just cause in accordance with law.
The provisions and requirements on the bid form shall not be considered as
informalities and shall not be waived by PPG.
(4) Only bids written in ink or typed and properly signed by an authorized representative
or other person set out by law, will be accepted. Pencil and/or photostatic figures or
signatures will disqualify a bid.
(5) For submission of bids, the only form used shall be the Bid Form provided herein.
Necessary copies of this form will be furnished for Bidding.
(b) The plans, specifications, and other documents designated in the bid form will be
considered a part of the bid whether attached or not.
(c) Bid forms must be made out in ink or typed. Illegibility or ambiguity may
constitute justification for rejection of the bid.
(6) The purpose and intention of this invitation to bid is to afford all bidders an equal
opportunity to bid on construction, maintenance, repair, operating, services, supplies
and/or equipment listed in this bid proposal. PPG will accept one bid only from each
vendor. Items bid on must meet or exceed specifications.
(7) Use of Brand Names and Stock Numbers. Where brand names and stock numbers are
specified, it is solely for the purpose of establishing certain minimum standards of
quality. Bidders are not restricted to specific brand, make, manufacturer, or
specification named. Bids may be submitted for products of equal quality, pursuant to
LSA-R.S. 38:2212T.(2), provided brand names and stock numbers are specified.
Complete product data may be required prior to award.
(8) PPG, its engineers, architects or anyone distributing plans and specifications for public
works projects over the contract limit as defined in LSA-R.S. 38:2212D, will furnish
the bidder with at least one set of complete bid documents. A fee of twice the actual
cost of reproduction will be charged. Actual costs of reproduction will include the
hourly rate of PPG personnel or others who reproduce the documents. All costs are
payable in advance.
(a) Plans and specifications shall be available to bidders on the day of the first
advertisement and shall be available until twenty-four (24) hours before the bid
opening date. Bid proposal documents will not be issued within the twenty-four
hour period prior to bid opening.
(1) Certified mail, return receipt requested, sent to the address given by the bidder
upon obtaining the bidding documents, the transmission of which shall be
conclusive evidence of receipt of such notice by the bidder to whom it is
addressed;
(2) First-class mail with a United States Postal Service Certificate of Mailing,
sent to the address given by the bidder upon obtaining the bidding documents,
the transmission of which shall be conclusive evidence of receipt of such
notice by the bidder to whom it is addressed;
(3) Express mail sent to the address given by the bidder upon obtaining the
bidding documents. Delivery of the addenda by express mail shall be
conclusive evidence of receipt of the addenda by the bidder to whom it is
addressed;
(5) Electronic transmission sent to the e-mail address given by the bidder upon
obtaining the bidding documents. Transmission of the addenda by e-mail
shall be conclusive evidence of receipt of the addenda by the bidder to whom
it was sent.
(9) Each bidder shall comply with all rules and regulations of the Louisiana State Licensing
Board for Contractors.
(10) Each bid must be submitted in a sealed envelope bearing on the outside: the name of
the Bidder, his address, and the name of the project for which the bid is submitted; and,
if the bid is in the amount of $50,000 or more, the state license number of the Bidder,
unless otherwise exempted by law.
B. Price
(1) The price quoted for the work shall be stated in figures. In the event there is a difference
in unit prices and totals, the unit prices shall prevail.
(2) All prices for purchases and leasing of supplies, equipment and materials shall be
quoted in the unit of measure specified and shall be exclusive of State and Parish sales
and use taxes. All quotations shall be based on F.O.B. Agency warehouse, or job site,
or anywhere within Plaquemines Parish, as designated by the PPG Engineering and/or
Purchasing Department. PPG is exempt from paying sales and use taxes under law.
All purchases are subject to audit. Any purchase wherein the Contractor pays sales
and/or use tax shall be solely to contractor’s account.
(3) The quantities listed on the bid form are prepared for comparison of bids and may be
approximate. Payment to the contractor will be made in accordance with measurement
and payment requirements for bid items and other requirements of the project
specifications. Bid item quantities may be increased, decreased, or omitted as provided
in the specifications.
(4) The price quoted in Proposals to supply labor and materials to PPG shall include all
costs necessary for the complete performance of the work in full conformity with the
conditions of the Contract Documents, and shall include all applicable licenses, permit
fees and taxes due by the contractor.
(5) Bidders shall set out in detail the items comprising administrative overhead (La.R.S.
38:2212) including but not limited to the cost of security, insurance and other
obligations required by the Contract Documents.
C. Signing
(1) The Proposal shall be properly signed with ink by the Bidder. If the Bidder is an
individual, his name and his post office address must be shown; if a firm or partnership,
the name and post office address of each member of the firm or partnership must be
shown; if a joint venture, the name and post office address of each member or officer
of the firm represented by the joint venture must be shown; if a corporation, the name
of the corporation and business address of its corporate officials must be shown; and if
a limited liability company, the name and business address of each managing member
must be shown.
D. Bid Bond
(1) A Bid Bond in the proper amount and in the proper form must accompany the proposal.
A bid not so guaranteed will not be considered. Cashier’s check, certified check or
money order shall be made payable to the order of PPG. Cash deposits are not accepted.
PPG reserves the right to cash or deposit the cashier’s check, certified check or money
order.
(2) The amount of the Bid Bond shall be not less than five percent of the amount of the bid
unless a project, funded in whole or in part by State and/or Federal Funds, is governed
by State and/or Federal Law which require a Bid Bond in a higher amount, in which
event the State and/or Federal Law shall apply.
(3) Bid Bonds of the three lowest bidders will be retained by PPG until a contract is
executed or until final disposition is made of the bids submitted. Bid Bonds of other
bidders will be returned within thirty (30) days after a contract is executed or until final
disposition is made of the bids submitted.
(4) Bids shall remain binding for at least forty-five (45) days after the date set for Bid
Opening. In the event PPG issues the Letter of Award during this period, the bid
accepted shall continue to remain binding until the Execution of Contract. PPG may
agree to extend the deadline for award as provided by law.
(5) If a chosen bidder fails or refuse to execute the Contract with PPG, or fails to deliver
bonds and insurances as required after the Letter of Award, the Bid Bond shall be
forfeited to PPG as liquidated damages.
E. Licensing Requirements
(1) No person shall submit a bid or offer in violation of the Louisiana Contractors
Licensing Law and rules and regulations issued pursuant thereto. Bidders shall have
sole responsibility for familiarizing themselves with the requirements of that law.
(2) There are excepted from the provisions of this article any person acting as a contractor,
submitting bids or proposals to construct a public work when such projects are federal
aid projects, are financed with federal funds; any public utility subject to regulation by
the state public service commission, nor to any work performed by or for such public
utility in furnishing its authorized service; provided, however, that any successful
bidder on any such project, or projects, shall otherwise comply with applicable law.
(3) No building permit shall be issued to any bidder for a PPG public work which requires
a licensed contractor for all or any part of such work, pursuant to the definition and
requirements of this article and state law, until the permit applicant furnishes to PPG
the license number of all contractors required to be licensed hereunder. Any proposed
licensed contractor shall be current on all permits, licenses and tax payments due to
PPG.
A. A bid may be withdrawn not later than one hour prior to the scheduled closing time for receipt
of bids, provided a request in writing, signed by the bidder is filed with PPG prior to that time.
When such a request is received, the bid will be returned to the bidder unopened.
B. Written communications, over the signature of the bidder, to modify bids will be accepted and
the bids corrected in accordance therewith if received by PPG not later than one hour prior to
the scheduled closing time for receipt of bids. Oral, telephonic and telegraphic modifications
will not be considered.
C. No bid can be modified or corrected within the hour before that set for opening bids.
D. No bid can be withdrawn within one hour before that set for opening such bid except as
provided under law. i.e. bids containing patently obvious, unintentional, and substantial
mechanical, clerical, or mathematical errors, or errors of unintentional omission of a substantial
quantity of work, labor, material, or services made directly in the compilation of the bid,. Such
a bid may be withdrawn by the contractor only if clear and convincing sworn, written evidence
of such errors is furnished to the Department of Engineering within forty-eight (48) hours of
the bid opening, excluding Saturdays, Sundays, and legal holidays.
Such errors must be clearly shown by objective evidence drawn from inspection by PPG of the
original work papers, documents, or material used in the preparation of the bid sought to be
withdrawn. If PPG determines that the error is a patently obvious mechanical, clerical, or
mathematical error, or unintentional omission of a substantial quantity of work, labor, material,
or service, as opposed to a judgment error, and that the bid was submitted in good faith it shall
accept the withdrawal and return the bid security to the contractor.
However, if such clear and convincing, sworn, written evidence of such errors are not furnished
to PPG within 48 hours, and a contractor attempts to withdraw their bid, PPG will retain the
bid security provided by the contractor. Any release or return of a contractor’s bid security
after the 48 hour period is prohibited as a matter of law.
A contractor who attempts to withdraw a bid under these provisions shall not be allowed to
resubmit a bid on the project as provided by law.
A. No oral interpretation will be made to any Bidder as to the meaning of the drawings,
specifications, or contract documents. Every request for such interpretation shall be made in
writing and addressed and forwarded to the Engineer, Architect or person distributing plans
and specifications. No inquiry received within five (5) days prior to the day fixed for opening
of the bids will be given consideration. Every interpretation made to the Bidder shall be in the
form of an addendum to the Specifications. All such addenda shall become a part of the
Contract Documents. Failure of any Bidder to request any such interpretation shall not relieve
any Bidder from any obligation under his Bid as submitted without modification.
B. The specifications and plans are complementary of each other and all work called for or
reasonably implied by either shall be performed as if called for by both. In case of conflict
between the requirements of the specifications and plans, the specifications shall take
precedence. Figured dimensions shall take precedence over scale dimensions, and larger scale
details shall take precedence over smaller scale details in the general work drawings.
A. PPG reserves the right to reject any and all Bids and to make award as it may elect, pursuant
to the law. Incomplete, informal, or unbalanced Bids may be rejected. Reasonable grounds for
belief that any one Bidder is concerned, directly or indirectly, with more than one Bid will
cause rejections of all Bids wherein such Bidder is concerned. A Bidder shall furnish
satisfactory evidence of financial competence and ability to perform the work stipulated in his
Proposal. Incompetence to properly perform the work will constitute cause for rejection. In
addition, PPG reserves the right to inquire about past performance regarding lawsuits, lien
filings, judgments, fines and/or assessments by the State Contractors’ Licensing Board, etc.
and utilize such past performance in grading any proposal.
B. Additionally, bids may be considered irregular and are subject to rejection for any of the
following, but is not limited to the following circumstances;
(1) If the bid form is on a form other than that furnished by PPG or if the form is altered.
(2) If affidavits required by law are not returned and/or are not properly executed and notarized
prior to awarding of contract.
(3) If there are unauthorized additions to any contract document, conditional or alternate bids
or irregularities which alter the general terms and conditions, the plans or specifications,
or make the bid incomplete, indefinite, or ambiguous as to its meaning.
(4) If the bidder adds provisions on the bid form reserving the right to accept or reject the
award or to enter into the contract pursuant to the award.
(5) If an owner or a principal officer of the bidding firm is an owner or a principal officer of a
firm which has been declared by the PPG to be ineligible to bid.
(6) If the proposed bid guarantee does not meet the requirements of Section 1E Bid Guarantee.
(7) If more than one proposal for the same work, services, materials or supplies is received
from an individual, partner, firm, corporation, joint venture, other legal entity, or
combination thereof under the same or a different name.
(8) The bid form is not properly signed or the authority to sign of the person submitting the
bid is deemed insufficient or unacceptable.
(9) Any other reasons for rejection set forth by State or Parish laws, ordinances or resolutions,
including but not limited to, the Charter for Local Self-Government, Plaquemines Parish,
Louisiana, §3.04(C), (D) and §4.04 (E), §7.06 (A) and (C).
C. In general, PPG 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.
A. Bidders shall familiarize themselves with and shall comply with all applicable law of all
authorities having jurisdiction over construction of the project, which may directly or indirectly
affect the work or its prosecution. Bidders are in particular urged to consult with their attorneys
with respect to the requirements of the Public Works Act. These laws and/or ordinances are
deemed incorporated in the contract, the same as if written therein in full.
B. In case of conflict between the requirements of these specifications and any State and/or
Federal Regulations or Laws, the State and/or Federal Regulations or Laws shall take
precedence in all cases in which State and/or Federal Funding of the contract, in whole or in
part, depends upon compliance with said State and/or Federal Regulations or Laws.
Prior to submitting a bid each Bidder shall visit the site of the proposed work and fully acquaint
himself with all surface and subsurface conditions and also with forseeable, periodic weather
conditions and high water levels or high tides as they may exist so that he may fully understand
the facilities, difficulties, and restrictions attending the execution of the Work under this Contract.
Contractors are specifically placed on notice that work stoppages ordered by the U.S. Army Corps
of Engineers due to high water stages is a condition of the site and is not a basis for the Contractor
to obtain liquidated damages or any mobilization/re-mobilization costs.
Bidders shall also thoroughly examine and be familiar with Drawings, Specifications, and Contract
Documents. The failure or omission of any Bidder to receive or examine any form, instrument,
drawing, or document or to visit the site and acquaint himself with conditions there existing, shall
in no way relieve any Bidder from any obligation with respect to his Bid and the responsibility in
the premises rests with him. Any pre-bid test and boring data in connection with subsurface
conditions which have been furnished to the bidder shall not be considered as fully representative
of subsurface conditions existing throughout the area tested nor shall they in any way be binding
upon PPG, it being understood that said data is furnished the bidder for his convenience only and
the bidder shall be solely responsible for conducting his own boring explorations he deems
necessary in preparing his bid.
Submission of a bid shall be considered prima facie evidence that the bidder has made all
examinations including that of the site of the proposed public work and is on notice and satisfied
as to the conditions to be encountered in performing the work and as to requirements of the plans,
project specifications, any applicable resolution/ordinance, and contract forms. No claims shall be
made against PPG for additional compensation or for any delay days due to conditions arising
during progress of the work which would have been disclosed through the investigation of the site
by the bidder, which might be in variance with pre-bid boring data or which arise out of variations
which bidder would have or should have discovered through examination.
All bidders acknowledge that entry into contract, continuation of contract and payment on all
public work projects are contingent upon the availability of funds of PPG or payment of funds
from third parties as the case may be.
A. If there is an award of contract, such will be to the lowest responsible Bidder whose Proposal
shall have complied with all the requirements necessary to render it formal. The successful
Bidder will receive a written notice of award via fax, email, or letter mailed to the address
shown on the Proposal that his bid has been accepted and awarded the Contract. No award
will be made to any Bidder until all representations, certificates and policies of insurance,
Notice of Award receipt, affidavits, performance bonds, labor and materials payment bonds,
or any other documentation required has been submitted and accepted by PPG.
B. PPG reserves the right to award contracts or place orders on a lump sum or individual item
basis, or such combination as shall, in its judgment, be in the best interest of PPG. Every
contract or order shall be awarded to the LOWEST RESPONSIBLE BIDDER, taking into
consideration the CONFORMITY WITH THE SPECIFICATIONS, and the DELIVERY
AND/OR COMPLETION DATE.
C. All bidders acknowledge that an award of a bid, subsequent entry into contract and
performance of the contract is contingent upon the availability of funds, permits, licenses
and/or approvals from PPG and/or third parties. Bidders acknowledge this condition and waive
any claim under any cause for failure to award or delay in award, and agree to hold-harmless,
defend and indemnify PPG for any claims for claims arising under such causes of action. A
contract shall be subject to termination at the convenience of PPG in the event of non-
availability of funds due to revenue decreases or a change in the scope of contract requires
expenditures in excess of those appropriated.
D. All bidders are on notice that in the event the proposed public work is funded in whole or in
part with federal funds or other funds which are not available to PPG at the time of opening of
bids by virtue of the fact that PPG is not in actual possession of such federal or other funds,
the time provisions set out in La.R.S. 38:2215 are not applicable, pursuant to authority set out
in La.R.S. 38:2215 (D).
E. All payments are contingent upon pay-when-paid in the event the project is funded in any
manner with non-PPG funds.
1. The causes for automatic disqualification from consideration for award of a contract with PPG
are as follows:
A. Conviction for commission of a criminal offense as an incident to obtaining or attempting
to obtain a public or private contract or subcontract, or in the performance of such contract
or subcontract;
C. Conviction under state or federal antitrust statutes arising out of the submission of bids or
proposals;
(1) Deliberate failure without good cause to perform in accordance with the specifications
or within the time limit provided in the contract; or
I. Failure to comply with or meet bid specifications and or failure to be a responsible bidder.
2. The procedures for disqualification of the lowest bidder from consideration for award of a
contract with PPG are as follows:
B. Step 2- Engineering then submits the normal recommendation packet to the Parish
President, with the following exceptions:
(1) The letter shall indicate the lowest bidder was disqualified,
(2) The letter shall include a copy of the Notice of Disqualification together with the postal
receipt, indicating delivery to the low bidder, and
(3) Attach a resolution accepting the next lowest responsive bidder unless all bids have
been rejected by the Parish President.
The successful Bidder shall execute a Contract with PPG in such number of counterparts as PPG
may request within thirty (30) days after receipt of notice of award. Bidders acknowledge that the
performance of the obligations under the Contract are subject to suspension and/or termination due
to availability of funds, permits, licenses and/or approvals from PPG and/or third parties, failure
to appropriate funds, non-receipt of funds, declarations of emergency under the Louisiana
Homeland Security and Emergency Assistance and Disaster Act, La. R.S. 29:721 et seq, or
declarations of emergency under the Parish Charter, One copy of the executed contract with all
documents forming a part thereof shall be filed at the expense of the Contractor with the Recorder
of Mortgages in Plaquemines Parish.
SECTION 10. MISCELLANEOUS
A. The successful bidder may be required to furnish a statement of the origin, composition, and
manufacture of materials to be used in construction of the work together with samples, which
samples may be subjected to testing to determine their quality and fitness for the work, as
specified.
B. Bidders are not to exclude from participation in, deny the benefits of, or subject to
discrimination under any program or activity, any person in the United States on the grounds
of race, color, national origin, sex or religion under Title VII of the Civil Rights Act of 1964,
as amended; nor discriminate on the basis of age under the Age Discrimination Act of 1975,
as amended; nor with respect to an otherwise qualified handicapped individual as provided in
Title V of the Rehabilitation Act of 1973, as amended. This assurance includes compliance
with the administrative requirements of the Revenue Sharing final handicapped
discrimination provisions contained in Section 51.55 (c), (d), (e), and (k) (5) of the
Regulations. Bidders shall comply with the provisions of Title VI of the Civil Rights Act of
1964. No person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal financial assistance.
C. In the event that the successful bidder cannot furnish a specific item or material and labor in
the required time, PPG may purchase on an emergency basis from any available source the
item or material, until such time the successful bidder has notified PPG in writing that his stock
or labor capability has been replenished. The difference in price will be charged against the
successful bidder of this contract.
D. PPG reserves the right to cancel any contract and for any reason whatsoever by issuing a
written notice to the bidder of not more than thirty (30) days prior to cancellation.
If there is an emergency declared by the federal, state, or local government in Plaquemines Parish
or in any surrounding parish which affects the ability of the project to continue on schedule, then
all work on this project shall cease until such time as the contractor is instructed to resume work
by the project Engineer.
If there is any type of work which must proceed to prevent harm to persons or property, or damage
to the project itself, then contractor should immediately contact the project Engineer for necessary
instructions. If contractor is unable to contact the project Engineer, contractor may perform the
work necessary to prevent such harm in accordance with industry safety standards.
Contractor may be entitled to an extension of time for the period of the stoppage, but shall not be
entitled to any compensation by reason thereof. Notwithstanding anything to the contrary, express
or implied, under no event will any forseeable and/or periodic events such as high river stages or
tides constitute grounds for any delay damages or demobilization/remobilization costs.
SECTION 12. REQUIRED CERTIFICATIONS, ATTESTATIONS, ETC.
After bid opening, the apparent low Bidder shall furnish to the Owner in ten (10) days the
following documents:
A. Authority for the person signing the contract to act on behalf of the Contractor.
C. All applicable insurance and surety documents and the written, sworn and notarized
declaration by the contractor’s insurer(s) representing that the policy(s) of insurance meets
the requirements of the Contract Documents, together with certificates of insurance and the
policies of insurance.
C. Attestation Clause – Past Criminal Convictions of Bidder (R.S. 38:2227).
F. All other forms required under the Louisiana Public Works Act
The apparent low bidder stipulates that any contract shall in no event have any legal force
or effect in the event any of the foregoing requirements have not been met, any contract being
deemed void ab initio.
SECTION 00300
TO: Plaquemines Parish Government BID FOR: NEW PORT SULPHUR PUBLIC LIBRARY
8056 Highway 23, Suite 200 138
138 Civic Drive
Port Sulphur, Louisiana
Belle Chasse, Louisiana 70037 Parish Project No. 16-06-01
16-06-01
(Owner to provide name and address of
ofowner)
owner) (Owner to provide name of
ofproject and other identifying
information)
The undersigned bidder hereby declares and represents that she/he; a) has carefully examined and understands the Bidding
Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or any
addenda, c) has personally inspected and is familiar with the project site, and hereby proposes to provide all labor, materials, tools,
appliances and facilities as required to perform, in a workmanlike manner, all work and services for the construction and completion
of
of the referenced project, all in strict accordance with the Bidding Documents prepared by:
YEATES AND YEATES ARCHITECTS, LLC and dated: August 29, 2017
provide name of
(Owner to provide preparing bidding documents.)
of entity preparing documents.)
Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number the
Designer has assigned to each of the addenda that the Bidder is acknowledging) _____________________________________ .
TOTAL BASE BID: For all work required by the Bidding Documents (including any and all unit prices designated “Base Bid”
but not alternates) the sum of:
Dollars ($ ))
ALTERNATES: For any and all work required by the Bidding Documents for Alternates including any and all unit prices
designated as alternates in the unit price description.
Add Alternate No. 1 –LIGHTNING SYSTEM PER THE
LIGHTNING PROTECTION SYSTEM THE BID DOCUMENTS for the lump sum
smn of:
Dollars ($ ))
Alternate No. 2 -
– (Owner to provide
provide description of
ofalternate and state whether add or deduct) for the lump sum of:
N/A Dollars ($ N/A ))
**
** If someone other than a corporate officer signs for the Bidder/Contractor, a copy of of a corporate resolution or other signature
authorization shall be required for submission of bid. Failure to include a copy of
of the appropriate signature authorization, if
if required,
may result in the rejection of
of the bid unless bidder has complied with La. R.S. 38:2212(B)5.
BID SECURITY in the fonn form of a bid bond, certified check or cashier’s check as prescribed by LA RS 38:2218.A
38:2218. A is attached to and
made a part of this bid.
00300 - 11 of 11
SECTION 00400
BID BOND
KNOW ALL MEN BY THESE PRESENTS
that we, the undersigned, _______________________________________________ as PRINCIPAL, and
____________________________________________________________________________________
as SURETY, are held and firmly bound unto the Plaquemines Parish Government, the governing authority
of/and the Parish of Plaquemines, hereinafter called the "OWNER", in the penal sum of:
________________________________________________DOLLARS DOLLARS ($____________)
($, lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Bid dated __________________________, 201__, for , 201__, for
_______
Plaquemines Parish Project No. _________________________________
NOW, THEREFORE, if the Principal shall not withdraw said Bid within forty‐eight (48) hours as provided
in LSA R.S. 38:2214 C. after the said opening, and shall, within the period specified therefore or if no
period be specified, within sixty (60) days after the Notice of Award enter into a written Contract with
the Parish in accordance with the Bid as accepted, and give bond with good and sufficient surety or
sureties, as may be required, for the faithful performance and proper fulfillment of all of the obligations
set forth in the Contract Documents; or in the event of the withdrawal of said Bid within the period
specified, or the failure to enter into such Contract and give such bond within the time specified, if the
Principal shall pay the Parish the difference between the amount specified in said Bid and the amount
for which the Parish may procure the required work or supplies, or both, if the latter be in excess of the
former, then the above obligation shall be void and of no effect, otherwise, to remain in full force and
virtue.
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals
this _______day of ________________________, ., 20____
20, the name and corporate seal‐of each
corporate party being hereto affixed and these presents signed by its undersigned representative,
pursuant to authority of its governing body.
BID BOND revised 10.20.14 MLM Page 1 of 2
BID BOND (continued)
In Presence of:
_____________________________________________________________________
(Individual Principal)
_____________________________________________________________________
(Business Address, including Zip Code)
_______________________________ _________________________________
(Partnership) (Seal)
_____________________________________________________________________
(Business Address, including Zip Code)
ATTEST: BY: __________________________
__________________________ _____________________________
(Corporate Principal)
___________________________________________________________________________
(Business Address, including Zip Code)
BY: ______________________
AFFIX CORPORATE SEAL
ATTEST: BY: __________________________
___________________________ ____________________________
(Corporate Surety)
__________________________________________________________________________
(Business Address, including Zip Code)
BY: ________________________
AFFIX CORPORATE SEAL
BID BOND revised 10.20.14 MLM Page 2 of 2
SECTION 00450
R-1020 (11/04) Louisiana Department of Revenue
Plaquemines Parish
Plaquemines Parish Government
Government , an agency of the
Legal name of Governmental Entity
Entity
United States government, or an agency, board, commission, or instrumentality of the State of Louisiana or its political
subdivisions, including parishes, municipalities and school boards, does hereby designate the following contractor as its
agent for the purpose of making sales tax exempt purchases on behalf of the governmental body:
Name of Contractor
Address
This designation of agency shall be effective for purchases of component construction materials, taxable services and
leases and rentals of tangible personal property for the following named construction project:
This designation and acceptance of agency is effective for the period __________________,., through________________.
through
Purchases for the named project during this period by the designated contractor shall be considered as the legal equivalent
of purchases directly by the governmental body. Any materials purchased by this agent shall immediately, upon the vendor’s
delivery to the agent, become the property of this government entity. This government entity, as principal, assumes direct
liability to the vendor for the payment of any property, services, leases, or rentals made by this designated agent. This
agreement does not void or supersede the obligations of any party created under any construction contract related to this
project, including specifically any contractual obligation of the construction contractor to submit payment to the vendors of
materials or services for the project.
This contractor-agent is not authorized to delegate this purchasing agency to others; separate designations of agency by this
governmental entity are required for each contractor or sub-contractor who is to purchase on behalf of this governmental
entity. The undersigned hereby certify that this designation is the entirety of the agency designation agreement between
them. In order for a purchase for an eligible governmental entity through a designated agent to be eligible for sales tax exemp-
exemp
tion, the designation of agency must be made, accepted, and disclosed to the vendor before or at the time of the purchase
transaction.
Amos
Amos Cormier, President
Cormier, President
Name of Authorized Designator Name of Contractor’s Acceptor
Belle
Belle Chasse,
Chasse, Louisiana
Louisiana 70037
70037
City, State, ZIP City, State, ZIP
This designation of agency form, when properly executed by both the contractor and the governmental entity, shall serve as
evidence of the sales tax exempt status that has been conferred onto the contractor. No other exemption certificate form is
necessary to claim exemption from sales taxes.
00450 - 11 of
of 11
SECTION 00460
STATE OF LOUISIANA
PARISH OF __________
WHEREAS, the Contractor and/or its subcontractors on this project, in their execution of the
Project will use and/or purchase tangible property and/or goods which will be consumed in
completing the Project or which will be incorporated into the Project;
WHEREAS, the Contractor and/or its subcontractors on this project, in bidding on the Project, did
not include sales and use taxes on tangible property and/or goods which will be consumed in
completing the Project or which will be incorporated into the Project;
WHEREAS, the Owner wishes to avail itself of the sales and use tax exemption afforded to it by
LA R.S. 47:301(8)(c);
WHEREAS, the Owner wishes to avoid paying sales and use taxes when it has no legal obligation
to do so;
WHEREAS, the Owner’s unnecessary payment of sales and use taxes could be a violation of its
duty to prudently administer the public funds in its charge;
WHEREAS, the parties may avoid the unnecessary payment of sales and use taxes if the Contractor
or its subcontractors on this project act as the Owner’s agent and/or instrumentality for the
purchase and/or use of tangible property which will be consumed in completing the Project or
which will be incorporated into the Project;
WHEREAS, the Contractor and its subcontractors on this project and the Owner mutually agree
to a contract of agency and/or instrumentality between them for the purchase and/or use of tangible
property which will be consumed in completing the Project or which will be incorporated into the
Project and thereby avoid the unnecessary payment of sales and/or use taxes;
00460 - 1 of 3
NOW THEREFORE the Owner appoints the Contractor and its subcontractors on this project as
its agent and/or instrumentality for purposes of the purchase and/or use of tangible property which
will be consumed in completing the Project or which will be incorporated into the Project subject
to the following conditions:
All purchases under this Contract shall be made from the public funds paid to the
Contractor and/or its subcontractors on this project and shall be charged to the contract price for
the Project. The Contractor and/or its subcontractors on this project shall obtain invoices for all
purchases made under this Contract. The invoices shall bear the name and number of the Project
as listed above. All materials and equipment shall be purchased by the Contractor and/or its
subcontractors on this project in the name of the Owner using funds that are accounted for to the
Owner and that are traced to public funds.
Title to all property purchased under this Contract shall immediately pass to the Owner at
the time of the purchase, but the Contractor and/or its subcontractors on this project shall be the
depositary or custodian of the property until the Owner accepts the Project as substantially
complete at which time this Contract shall terminate.
In the event that the Contractor and/or its subcontractors on this project are subject to a
sales or use tax audit by either the State of Louisiana or a local government subdivision and the
taxing authority assess taxes on any materials or equipment incorporated into the Project or use in
its work, the Owner shall be responsible for defending the tax-exempt status or the purchases at
issue. Moreover, should the taxing authority prevail in imposing its sales or use tax, the Owner
shall be ultimately liable for remitting to the taxing authority the taxes, interest and penalties
ultimately found due unless the Contractor and/or its subcontractors on this project have failed to
comply with this Contract.
This Contract does not limit or otherwise alter Contractor’s responsibilities (1) to fully
insure materials and equipment to be furnished by Contractor; (2) to insure the work at all times
prior to substantial completion; (3) to fully warrant all materials and equipment furnished by
Contractor; (4) to alter the method or time frames for payments established under the Project; (5)
to change the rights of the Owner to accept or reject the work or any part thereof or alter the manner
or time frames in which inspections may be made by the Engineer or Architect on behalf of the
Owner; (6) to provide for the safety and protection of materials and equipment whether in storage
on or off site and regardless whether titled to the contracting agency as part of the work; (7) to
maintain liability and property insurance, specifically including coverage for damages to the
materials and equipment prior to final acceptance and claims for damages because of bodily injury,
sickness, or death and any of the Contractor’s and/or it subcontractors on this project employees
or any person other than the Contractor’s and/or its subcontractors on this project employees; (8)
to properly correct the work as required by the Engineer or Architect or diminish the Owner’s and
Engineer’s or Architect’s right to reject any portions of the work.
00460 - 2 of 3
The Contractor accepts its appointment as indicated by the signature of its authorized agent on the
date shown below. The subcontractors of the Contractor on this project shall accept this
appointment by their execution of a subcontract with the Contractor to which this Sales Tax
Exemption Agreement shall be incorporated by reference and attached as an Exhibit thereto.
WITNESS DATE
Notary Public
WITNESS DATE
Notary Public
00460 - 3 of 3
SECTION 00500
NOTICE OF AWARD
Date: __________________
Project:
NEW PORT SULPHUR PUBLIC LIBRARY, 138 CIVIC DRIVE, PORT SULPHUR, LOUISIANA
Owner: Plaquemines Parish Government Owner's Contract No.:
Contract: Engineer's Project No.:
Bidder:
Bidder's Address:
Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date you receive
this Notice of Award.
1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 16) and General Conditions (Paragraph 5.01).
3. Other conditions precedent:
a. Provide Certification of Insurance as specified (SC-5.04)
b. Provide affidavits and certificates as specified (I.B. 24).
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Owner
By:
Title
THIS AGREEMENT IS MADE AND ENTERED INTO on the dates set forth
hereinafter, but effective as of the ______ day of ___________, 2017 by and between
corporation/limited liability
_________________________, a _________________ corporation/limited liability
company, authorized to do and doing business in Louisiana with its principal place of
of business in
______________________, LA, acting by and through its duly authorized and empowered
________________________,
_____________________,, all as more fully shown by resolution attached hereto and by other
______________________
evidences of
of authority, and including Contractor’s employees, agents, assigns and subcontractors,
hereinafter sometimes referred
hereinafter sometimes referred as
as the “CONTRACTOR”, for
the “CONTRACTOR”, for the
the following
following Project, sometimes
Project, sometimes
referred to herein as the Project or the Work:
REPRESENTATIONS
WHEREAS, the CONTRACTOR has submitted a written proposal to the PARISH, dated
__________________,., 20 20____,
. to furnish all labor, tools, equipment, materials, supplies, etc. and
to perform all work required in accordance with the plans, specifications, terms and conditions for
those certain prices stipulated in such proposal; and,
WHEREAS, the CONTRACTOR does hereby agree to supply all labor, tools, equipment,
materials, supplies, etc. and all of the things necessary in accordance with terms, conditions,
provisions, instructions and stipulations contained in and shown on the plans and specifications
prepared to govern the above mentioned work and project;
WHEREAS, the CONTRACTOR expresses that it has the ability and required experience,
education, expertise, equipment, skills, training, and personnel and is capable of providing such
services/or supplies for a public work and for the Project in particular;
NOW, THEREFORE, for and in consideration of the mutual covenants of the parties hereto
as contained in this Agreement and other documents comprising the Contract Documents, and any
attachments hereto, all incorporated herein and made a part hereof, the parties agree as follows:
ARTICLE 1
1
The plans, general and special conditions, specifications, and drawings prepared for or by
the PARISH and the written proposal submitted by the CONTRACTOR, all essential to a full
and proper understanding of this Agreement, are hereby made a part hereof as if set forth herein
in full.
ARTICLE 2
While carrying out its obligations under this agreement, CONTRACTOR shall be acting
in the capacity of an independent CONTRACTOR and not as an employee of PARISH with
respect to the services and obligations being performed, dealings with other agencies, and
administration of any contracts that may be contemplated or intended by the appropriate provisions
of this Agreement, except with respect to the payment of sales and use tax payments. PARISH is
exempt from the payment of sales and use taxes and all purchases and leases of things by
CONTRACTOR shall be free of sales and use taxes. All transactions exempt from sales and use
tax are subject to audit by PPG to determine that Contractor has complied with this requirement,
and any payment of sales and use taxes for exempt purchases and/or leases shall be charged solely
to CONTRACTOR’S account.
ARTICLE 3
For and in consideration of the proper, faithful and complete performance of all the
obligations, duties and promises assumed and or made by the CONTRACTOR, the PARISH
agrees to pay the CONTRACTOR in accordance with the terms and in the manner fully provided
for in the referenced plans, specifications and proposals, and CONTRACTOR shall accept as full
compensation therefor, the sum (subject to adjustment as provided in the Contract Documents) of
_____________________________ Dollars ($____________) for all Work covered by and
included in the Contract award; payment thereof to be made in current funds in the manner
provided in the Contract Documents.
Estimated quantities are not guaranteed, and determinations of actual quantities and
classification are to be made by CONTRACTOR. Unit prices are computed as provided in the
General Conditions.
ARTICLE 4
2
A. All notices, letters, and other communications directed to PARISH shall be
delivered or addressed and mailed (along with three copies), postage prepaid to the
CONTRACTOR at the address in the Invitation to Bid, with four additional copies addressed and
mailed to:
ARTICLE 5
NOTICE TO PROCEED/TASK ORDERS
CONTRACTOR shall proceed on the Project upon receipt of an executed contract and a
Notice to Proceed issued by PARISH. The PARISH reserves the right to partition the Project by
separate task orders and notices to proceed. Whenever third party funding is used, or likely to be
used, in the financing of a project; no contract or meeting of the minds shall be deemed to have
taken place unless and until both an executed contract and a notice to proceed are signed by the
Parish President.
ARTICLE 6
COMPLETION
The Project will be turn-key ready for use in accordance with the General Conditions
within 457 days after the date the Contract Times commence to run. This time allocation allows
for 104 days of complete lost production delay due to inclement weather or as otherwise set out in
the General Conditions, but only if such lost production has been timely noticed in writing, no
more than 24 hours of the event, to both PARISH and ENGINEER, as the case may be, and
thereafter approved by PARISH. No monetary compensation shall be ever due CONTRACTOR
for such delays.
ARTICLE 7
LIQUIDATED DAMAGES
C. The number of calendar days in default shall be calculated exclusive of the day on
which the applicable completion time was specified and shall include each and every other
3
calendar day up to and including the day that the CONTRACTOR has been determined to finally
satisfy its obligation for the applicable degree of completion under the Contract Documents.
D. CONTRACTOR further agrees that the expiration of the Contract Time shall, ipso
facto, constitute a putting in default where CONTRACTOR has failed to complete the Work in
accordance with the applicable Contract Times, and PARISH need not formally place the
CONTRACTOR in default, the CONTRACTOR hereby expressly waiving any and all notices
of default.
E. CONTRACTOR agrees and consents that the liquidated damages of any kind shall
be deducted from any payment due to CONTRACTOR and that CONTRACTOR shall accept
the payment, reduced by the amount of the liquidated damages so deducted, in full satisfaction of
the Contract Price. CONTRACTOR also confesses judgment for payment of liquidated damages.
No delay damages or mobilization/remobilization costs are ever due CONTRACTOR as a result
of a stoppage resulting from a local, state or federal order, any emergency declared by a local, state
or federal authority, or for failure of CONTRACTOR to abide by the provisions of the contract
documents.
ARTICLE 8
PAYMENTS
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed as provided in the General Conditions.
PARISH will tender progress payments credited against the Contract Price on the basis of
CONTRACTOR'S Applications for Payment only after all approvals of the Applications for
Payment. All such payments will be measured by the schedule of values established pursuant to
the General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General Conditions.
Only upon written acceptance of the Work after receipt of the written representation of
both the CONTRACTOR and ENGINEER that the Work is turnkey ready and receipt of the
Final Application for Payment, will then PARISH pay the remainder of the Contract Price as
recommended by ENGINEER as provided in the General Conditions and any relevant
Supplementary Conditions less and except any amounts for offset as the case may be.
CONTRACTOR understands and acknowledges that all payments shall be made by the
PARISH on a pay-when-paid basis, and that delays in payment may result; especially when third
party financing is employed, to avoid deficit spending in accordance with State Law and the Parish
Charter.
OWNER shall retain the following percentages of each progress payment until payment
is due under the terms and conditions governing retainage payment:
$0 - $499,999.99 10%
$500,000 or greater 5%
Notwithstanding anything to the contrary contained herein, the parties agree that no
indebtedness shall be incurred by the PARISH in any manner unless and until a written Notice to
Proceed is issued by the PARISH to the CONTRACTOR, and the PARISH in accordance with
law certifies that funds are available to discharge the obligations contemplated hereby.
4
sums, which CONTRACTOR stipulates the PARISH can deduct from any payments due to
CONTRACTOR.
ARTICLE 9
CONTRACTOR REPRESENTATIONS
To induce PARISH to enter into this agreement, the CONTRACTOR makes the
following representations:
1. CONTRACTOR has visited the Site of the Work, is familiar with and is satisfied
as to the nature and extent of the Contract Documents, the terrain upon which the Work will be
undertaken, and the unique logistical and climatological characteristics of the Work situs; as well
as to all federal, state, and local Laws and Regulations which may affect cost, progress,
performance or the furnishing of the Work.
2. CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents including "technical data."
3. CONTRACTOR has carefully studied all (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site of the Work and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to the Site of
the Work (except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site of the Work, and in addition, (3) findings and results
of CONTRACTOR’s own Site of the Work investigations. CONTRACTOR accepts the
determination set forth in the Supplementary Conditions of the extent of the "technical data"
contained in such reports and drawings.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR'S purpose. CONTRACTOR
acknowledges that OWNER does not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the Site of the Work. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all examinations, investigations,
explorations, test, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the Site of the Work or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed by CONTRACTOR and
safety precautions and programs incident thereto.
5
stipulates to an understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 10
TERMINATION
The terms of this agreement are binding upon the parties until the obligations of
CONTRACTOR are completed and accepted by the PARISH. This agreement may be terminated
under any or all of the following conditions.
3. By a party upon failure of the other party to fulfill obligations under this Agreement.
4. In the event of the abandonment of the project by the PARISH for any cause.
5. In the event the CONTRACTOR does not maintain valid Louisiana licenses necessary to
comply with undertaking a public work.
7. By the PARISH for any reason other than those reasons set out in this Article provided
CONTRACTOR is given 30 days’ notice of termination of contract.
This contract shall automatically terminate upon satisfactory completion of all services and
obligations described herein. Upon termination, the CONTRACTOR shall be paid for actual work
performed prior to the notice of termination on a pro-rata share of the basic fee based on the phase
or percentage of work actually completed, subject to any offsets and liquidated damages.
Notwithstanding any other provision contained herein, the release, defense, indemnity obligations,
allocation of risks contained herein and all corresponding insurance and surety bonding shall
survive any termination of this contract.
ARTICLE 11
INDEMNITY AND INSURANCE
CONTRACTOR agrees to indemnify, defend and save harmless PARISH and confesses
judgment in full amount in favor of PARISH against any and all causes of action, liabilities,
claims, demands, penalties, fines, forfeitures, suits, judgments, and costs and expenses thereto
(including costs of defense, settlement and reasonable attorney fees), which PARISH may
hereafter incur or become responsible to pay, (a) as a result of death or bodily injuries to any
person, including without limitation the CONTRACTOR’S employees, employees of PARISH,
and any other person, natural or juridical, and (b) destruction or damage to any property, caused
in whole or in part, by any negligent act or omission of CONTRACTOR, its agents, owners,
officers, employees or subcontractors in the performance of this contract.
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The CONTRACTOR shall obtain and maintain at CONTRACTOR’S expense the
insurance coverages required in the General Conditions or as listed in the most recent edition of
the Louisiana Capital Improvement Projects Procedure Manual for Design and Construction,
whichever policies provide the greater coverage to the PARISH. All notarized representations
required from CONTRACTOR’S insurers, certificates of coverage and insurance policies shall
be furnished in advance of the execution of the agreement to the PARISH.
CONTRACTOR shall not start any work unless and until CONTRACTOR has in place
and in full force and effect all of the insurance and Bonds which the CONTRACTOR is required
to obtain. Any delay in obtaining confirmation of the existence of and the coverage or protection
to be provided by the insurance, Bonds, and other security required by the Agreement and
compliance with the terms of the Agreement therefor shall be at PARISH’S sole option, a basis
for termination of this agreement as a condition of default or may be counted as workdays for
which penalty damages are assessed against CONTRACTOR. The Agreement shall not be in
force or binding on PARISH until satisfactory Bonds, insurance and other security have been
provided in accordance with the Agreement and CONTRACTOR and CONTRACTOR’S
insurer(s) have delivered satisfactory written representation that the Bond(s), insurance(s) or other
security will provide coverages and protections as required in the Agreement.
A. ALL INSURANCE COVERAGE SHALL SUBSTANTIVELY PROVIDE FOR THE
FOLLOWING:
1. The insurers will have no right of recovery or subrogation against the PARISH.
2. The PARISH shall be named as an additional named insured as regards to all insurance.
3. The insurers shall have no recourse against the PARISH for payment of any premiums or for
assessments under any policy.
4. Any and all deductibles in any insurance policy shall be assumed by and be at the sole risk of
the CONTRACTOR.
5. All insurance coverage must remain in effect for at least one year after final payment to
cover potential redhibitory defects.
6. Insurance shall not be canceled without receipt by PARISH from the insurer of written notice
of cancellation of not less than thirty (30) days in advance of such cancellation.
7. No endorsements issued after the awarding of the contract shall diminish the scope or amount
of coverage under the policy(s) of insurance.
B. Prior to the execution of this Agreement the CONTRACTOR shall provide at its own expense
the required proof of insurance coverage called for by the General Conditions to the PARISH,
issued by insurers who stipulate that they are providing insurance in accordance with all of the
provisions of the contract documents. Only those insurers who possess authority to do business in
the State of Louisiana and have an A.M. Best rating of no less than A: VI are acceptable to PARISH.
C. Under no event will any wasting limits policy or any policy which deducts the insurer’s costs of
defense from the amount of insurance coverage, or any insurance which sets an aggregate loss limit
per project below any per occurrence requirement, be deemed acceptable.
D. Any communication regarding an insurance policy shall reference this agreement by number,
and by name, if applicable.
E. PARISH is in no event a fiduciary for any party. PARISH shall have power to adjust and
settle any loss with any insurer.
PARISH has the right but no duty to review any Bond or insurance prior to commencing the work.
If any Bond or insurance does not comply with the requirements of this Agreement or becomes
unsatisfactory to the PARISH for any reason, the CONTRACTOR shall promptly obtain a Bond or
new insurance, submit the same to the PARISH for approval and submit a certificate thereof as
7
provided above. Failure of the CONTRACTOR to take out and/or to maintain a bond or insurance
shall not relieve the CONTRACTOR from any liability under the contract documents, nor shall the
bond and insurance requirements be construed to conflict with the obligation of the CONTRACTOR
concerning indemnification, defense and hold harmless.
Failure of CONTRACTOR to provide and or maintain bonds and insurance as required shall
subject the CONTRACTOR to a penalty of five thousand dollars ($5000.00) per day for each day
that the bond or insurance is deficient and/or not provided, in addition to any actual damages incurred
by PARISH due to the failure of contractor to provide and or maintain bonds and insurance as
required. This penalty in no way shall be interpreted as a waiver of CONTRACTOR’s obligations
to defend, indemnify and hold-harmless PARISH against claims nor of any other right of PARISH
to seek damages from CONTRACTOR.
PARISH may purchase and maintain additional liability insurance to protect against claims
arising from operations under the agreement. CONTRACTOR and CONTRACTOR’S insurers
shall have no claim or right of subrogation against such insurance.
Without prejudice to any other right or remedy, including, without limitation, termination for
default, the PARISH may elect to obtain Bonds and insurance to protect the PARISH’s interests
at the expense of the CONTRACTOR in the event of the failure of contractor to provide and/or
maintain bonds and insurance as required, and the contract price shall be adjusted accordingly.
In the event of any claim made against PARISH during the time that there is any deficiency in
bond or insurance, CONTRACTOR hereby confesses judgment for all amounts awarded in
judgment, together with all costs and attorney fees, waiving any and all defenses, citation and
summons and any delays.
The Parties agree to immediately notify each other of any accident or incident in which
physical injury/death and/or property damage occurs and to complete an accident report for each such
occurrence and to provide the other Party with a copy of each such report. Each Party agrees to notify
the other Party after receipt of any claim for which it may seek indemnification. Contractor shall
promptly make claim on any and all insurance in all such events within three days of the event, and
provide written notice to PARISH of the making of any such claim on an insurer.
In the event that the CONTRACTOR modifies any contract document without the express
prior written consent of PARISH, in any manner, this Agreement may be declared suspended,
discontinued or terminated by PARISH. Any such modification done before the execution of this
Agreement shall, ipso facto, result in the forfeiture of the bid bond. Any such modification done
during the performance of the Agreement shall, ipso facto, result in the forfeiture of the performance
bond.
The CONTRACTOR agrees to indemnify, defend and save harmless PARISH and
confesses judgment in full amount in favor of PARISH against any and all causes of action,
liabilities, claims, demands, penalties, fines, forfeitures, suits, judgments, and costs and expenses
thereto (including costs of defense, settlement and reasonable attorney fees), which PARISH may
hereafter incur or become responsible to pay, arising out of or attributable to the modification of
the contract documents by the CONTRACTOR.
All data, documents, notes, drawings, tracings, plans, specifications and files collected and/or
prepared by the CONTRACTOR pursuant to this agreement shall be the property of the PARISH,
except the CONTRACTOR'S personal, personnel and administrative files.
8
If any provision or portion of a provision of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, such ruling shall not invalidate the remaining
provisions of this agreement.
Venue and jurisdiction for all matters in questions between the parties or any breach thereof,
shall be in the 25th Judicial District Court for the Parish of Plaquemines, State of Louisiana.
This agreement, together with the plans, general & special conditions, specifications,
drawings, bid package and written proposal and any other related documents, constitutes the entire
understanding and agreement between the parties relating to the subject matter hereof, and
supersedes any previous agreement or understandings. Notwithstanding anything to the contrary,
any modification to this agreement shall be in writing and signed by both parties.
This agreement shall be binding upon the successors and assigns for the parties hereto. This
Agreement and the work contemplated herein shall not be assigned or subcontracted in any manner
by the CONTRACTOR. Any such assignment or subcontracting shall be ipso facto grounds for
termination of this Agreement and call on the surety.
The section headings contained in this Agreement are inserted for convenience only and
shall not affect in any way the meaning or interpretation of this Agreement.
All notices, requests, demands, claims, and other communications hereunder will be in
writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed
duly given if (and then five business days after) it is sent by registered or certified mail, return
receipt requested, postage prepaid, and addressed to the intended recipient. A Party may send any
notice, request, demand, claim, or other communication hereunder to the intended recipient at the
address set forth above using any other means (including personal delivery, expedited courier,
messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such notice, request,
demand, claim, or other communication shall be deemed to have been duly given unless and until
it actually is received by the intended recipient. A Party may change the address to which notices,
requests, demands, claims, and other communications hereunder are to be delivered by giving the
other Parties notice in the manner herein set forth.
CONTRACTOR
ARTICLE 20
COUNTERPARTS/FACSIMILE/ELECTRONIC SIGNATURES
9
This contract is being executed in multiple originals and may be executed by facsimile
and/or electronic signature, which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the
respective dates set forth below, but effective as of the date first hereinabove written, before
witnesses and the undersigned notaries public.
10
SECTION 00620
of ________________________, hereinafter called the “Surety”, are held and firmly bound unto
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the Owner, dated the ________________ day of _______________,
20__, a copy of which is hereto attached and made a part hereof for the construction of:
of:
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term
thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify, defend and save harmless the Owner from all costs and damages which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may
incur in making good any default in connection with the construction of such work, and all insurance
premiums on said work, whether by sub-contractor or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
counterparts, each one of
IN WITNESS WHEREOF, this instrument is executed in ___________counterparts,
which shall be deemed an original, this the _______
________day of _______________,
____ , 20__, before me,
undersigned Notary and before the undersigned witnesses.
WITNESSES:
______________________
(Principal)
________________________ ______________________
________________________ Title:________________________
Sworn to and subscribed before me, notary public, on this ___ day of _________,, 201__.
201__.
_____________________________
Notary Public, Notary License ___
My Commission is for __________________
WITNESSES:
____________________________
(Surety)
_____________________________ By:_________________________
(Attorney-in-fact)
_____________________________
_________________________________
(Address)
Sworn to and subscribed before me, notary public, on this ___ day of _________,, 201__.
201__.
_____________________________
Notary Public, Notary License ___
My Commission is for __________________
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners should execute bond.
SECTION 00630
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of
Business):
BOND
Bond Number:
Date (Not earlier than Effective Date of Agreement):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.
(Seal) (Seal)
Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal
By: By:
Signature Signature (Attach Power of Attorney)
Title Title
Attest: Attest:
Signature Signature
Title Title
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
in the performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging
non-payment by Contractor by any person or entity who furnished labor, materials, or equipment
for use in the performance of the Contract, provided Owner has promptly notified Contractor and
Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and
tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the
claim.
NOTICE TO PROCEED
Date: _________________
Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions
provides that you and Owner must each deliver to the other (with copies to Engineer and other
identified additional insureds and loss payees) certificates of insurance which each is required to
purchase and maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must:
(1) Notify ENGINEER'S office as to date crews will move to the site so as to coordinate field
control and layout work.
(2) Provide ENGINEER'S office with detailed submittal data on all material to be incorporated
into project (Section 01340 - Shop Drawings, Samples and Project Date) (5 copies of all data
required.)
Owner
Given by:
Title
Date
Project: NEW PORT SULPHUR Owner: Plaquemines Parish Owner's Contract No.:
PUBLIC LIBRARY, 138 CIVIC Government
DRIVE, PORT SULPHUR, LA.
Contract: Date of Contract:
Contractor: Engineer's Project No.:
You
You are directed to make the following
following change(s) in this contract: Attach itemized breakdown in accordance
R.S. 38:2212.M.
with R.S. 38:2212.M.(5).
(5). Also, please give brief
brief description and justification of
of change(s) below.
below.
The Contract Documents are modified as follows upon execution of this Change Order: Order:________________
Description:
[Increase] [Decrease] from previously approved [Increase] [Decrease] from previously approved Change Orders
Change Orders No. to No. : No. to No. :
Substantial completion (days):
$ Ready for final payment (days):
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion (days or date):
$ Ready for final payment (days or date):
[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:
Substantial completion (days or date):
$ Ready for final payment (days or date):
Contract Times with all approved Change Orders:
Contract Price incorporating this Change Contract Times with all approved Change Orders:
Od Substantial completion (days or date):
date):________
$ Ready for final payment (days or date):
date):______
RECOMMENDED: ACCEPTED: ACCEPTED:
By: By: By:
Engineer (Authorized Signature) Plaquemines Parish Government Contractor (Authorized Signature)
Date: Date: Date:
Approved by Funding Agency (if applicable):
__________________________________________________________ Date:
Date:________________________
(Note: Before any Change Order is routed to Owner for approval it must first be routed to the OCD-DR Project Manager for
oversight review).