city of kenner-26-6976-PONTCHARTRAIN-CENTER-HVAC-IMPROVEMENTS-SPECS.pdf

CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

PONTCHARTRAIN CENTER HVAC IMPROVEMENTS

KENNER, LA.

MAYOR

Michael J. Glaser

COUNCIL

Joseph A. Stagni, Councilman at Large - Division A

George L. Branigan, Councilman at Large - Division B Dee B. Dunn, Councilwoman - District 1

Thomas P. “Tom” Willmott, Councilman - District 2 Joey F. LaHatte, III, Councilman - District 3

Kristi K. McKinney, Councilwoman - District 4 Daniel W. Riehm, Councilman - District 5

CHIEF OF POLICE

Keith Conley

MEYER ENGINEERS, LTD.

4937 Hearst Street | Suite 1B | Metairie, LA 70001

SEALED BID 26-6976

DISCLAIMER: The official and legally recognized set of Bidding and Construction Documents shall be the set of Documents that are on file in the Engineer/Architect’s office labeled “Office Set”.

00 00 07 - 1

SECTION 00 00 07: PROFESSIONAL SEALS

PROJECT NAME: PONTCHARTRAIN CENTER HVAC IMPROVEMENTS

DATE: JUNE 25, 2026

ARCHITECTURE

Alton O. Davis, AIA, NCARB, ICC Meyer Engineers, Ltd.

4937 Hearst Street, Suite 1B Metairie, LA 70001 P: (504) 885-9892

6/25/2026

00 00 07 - 2

SECTION 00 00 07: PROFESSIONAL SEALS

PROJECT NAME: PONTCHARTRAIN CENTER HVAC IMPROVEMENTS

DATE: JUNE 25, 2026

MECHANICAL

Lance J. Bonadona, P.E.

Parish Engineering, LLC.

1450 Seaboard Drive Baton Rouge, LA 70810 P: (225) 332-0222

ELECTRICAL

Michael L. Terry, III, P.E.

Parish Engineering, LLC.

1450 Seaboard Drive Baton Rouge, LA 70810 P: (225) 332-0222

06/25/2026

06/25/2026

TABLE OF CONTENTS

TABLE OF CONTENTS .......................................................................................................... 2 to 4

INVITATION TO BID

INSTRUCTIONS TO BIDDERS ............................................................................................. 6 to 9

SECTION I. BIDDING DOCUMENTS (REQUIRED OF ALL BIDDERS)

BID FORM

BID BOND ........................................................................................................................... 11 to 12

CORPORATE RESOLUTION (SAMPLE)

SECTION II. DOCUMENTS REQUIRED OF SUCCESSFUL BIDDER

AGREEMENT ...................................................................................................................... 14 to 16

PERFORMANCE BOND ..................................................................................................... 17 to 18

LABOR AND MATERIALS (PAYMENT BOND) ............................................................ 19 to 20

NON-COLLUSION AFFIDAVIT

AFFIDAVIT-EMPLOYMENT STATUS VERIFICATIONS

ATTESTATION CLAUSE OF PAST CRIMINAL CONVICTIONS

SECTION III. CONTRACT CONDITIONS

SUPPLEMENTARY CONDITIONS ......................................................................... SC-1 to SC-11

GENERAL CONDITIONS ...................................................................................... GC-1 to GC-41

SECTION IV. TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

SECTION 01 01 10 - Insurance ............................................................................................. 1 thru 2

SECTION 01 10 00 - Summary ............................................................................................. 1 thru 5

SECTION 01 20 00 - Mobilization ........................................................................................ 1 thru 2

SECTION 01 23 00 - Alternates ............................................................................................ 1 thru 2

SECTION 01 25 20 – Weather Delays .................................................................................. 1 thru 2

SECTION 01 26 00 – Contract Modifications Procedures .................................................... 1 thru 3

SECTION 01 29 00 – Payment Procedures ........................................................................... 1 thru 4

SECTION 01 31 00 – Project Management and Coordination .............................................. 1 thru 6

SECTION 01 31 00A – Request for Information Form

SECTION 01 32 00 – Construction Progress Documentation ............................................... 1 thru 9

SECTION 01 32 20 – Photographic Documentation ............................................................. 1 thru 3

SECTION 01 33 00 – Submittal Procedures ......................................................................... 1 thru 9

SECTION 01 33 00A – Submittal Transmittal Form

SECTION 01 40 00 – Quality Requirements ......................................................................... 1 thru 9

SECTION 01 50 00 – Temporary Facilities and Controls ..................................................... 1 thru 9

SECTION 01 58 00 – Job Sign .............................................................................................. 1 thru 2

SECTION 01 60 00 – Product Requirements ........................................................................ 1 thru 5

SECTION 01 63 50 – Substitution Procedures ...................................................................... 1 thru 6

SECTION 01 63 50A – Contractor/Supplier Substitution Request Form ............................. 1 thru 2

SECTION 01 73 00 – Execution............................................................................................ 1 thru 8

SECTION 01 74 10 – Construction Waste Management ...................................................... 1 thru 2

SECTION 01 77 00 – Closeout Procedures ........................................................................... 1 thru 5

SECTION 01 78 20 – Operation and Maintenance Data ....................................................... 1 thru 8

SECTION 01 78 30 – Project Record Documents ................................................................. 1 thru 4

DIVISION 23 – PLUMBING EQUIPMENT

SECTION 23 05 00 – Common Work Results for HVAC .................................................. 1 thru 12

SECTION 23 05 23 – General-Duty Valves for HVAC Piping ............................................ 1 thru 7

SECTION 23 05 29 – Hangers and Supports for HVAC Piping and Equipment ................ 1 thru 10

SECTION 23 05 53 – Identification for HVAC Piping and Equipment ................................ 1 thru 6

SECTION 23 05 93 – Testing, Adjusting, and Balancing for HVAC ................................. 1 thru 21

SECTION 23 07 13 – Duction Insulation ............................................................................ 1 thru 11

SECTION 23 07 19 – HVAC Piping Insulation .................................................................. 1 thru 12

SECTION 23 09 23 – Direct Digital Control (DDC) Systems for HVAC .......................... 1 thru 96

SECTION 23 09 93.11 – Sequence of Operations for HVAC DDC ................................... 1 thru 16

SECTION 23 21 13 – Hydronic Piping ................................................................................. 1 thru 8

SECTION 23 21 16 – Hydronic Piping Specialties ............................................................... 1 thru 5

SECTION 23 21 23 – Hydronic Pumps ................................................................................. 1 thru 6

SECTION 23 25 13 – Water Treatment for Hydronic Systems ............................................. 1 thru 6

SECTION 23 29 00 – Variable Frequency Drives............................................................... 1 thru 10

SECTION 23 31 13 – Metal Ducts ...................................................................................... 1 thru 16

SECTION 23 33 00 – Air Duct Accessories ........................................................................ 1 thru 12

SECTION 23 36 00 – Air Terminal Units ............................................................................. 1 thru 5

SECTION 23 37 13 – Air Devices......................................................................................... 1 thru 2

SECTION 23 52 16 – Condensing Boilers ............................................................................ 1 thru 8

SECTION 23 64 16 – Centrifugal Water Chillers ................................................................. 1 thru 8

SECTION 23 65 14 – Induced-Draft Cooling Towers .......................................................... 1 thru 7

SECTION 23 73 13.16 – Indoor, Semi-Custom Air-Handling Units .................................... 1 thru 5

DIVISION 26 - ELECTRICAL

SECTION 26 01 00 – Basic Electrical Requirements ........................................................... 1 thru 6

SECTION 26 05 00 – Basic Electrical Materials and Methods ............................................. 1 thru 9

SECTION 26 05 72 – Overcurrent Protective Device Short-Circuit Study ........................... 1 thru 5

SECTION 26 05 73 – Overcurrent Protective Device Coordination Study ........................... 1 thru 8

SECTION 26 05 74 – Overcurrent Protective Device Arc-Flash Study ................................ 1 thru 6

SECTION 26 20 00 – Service and Distribution ..................................................................... 1 thru 3

DIVISION 28 – ELECTRIC SAFETY AND SECURITY

SECTION 28 46 00 – Fire Detection and Alarm ................................................................... 1 thru 9

INVITATION TO BID

Sealed Bid No. 26-6976

The City of Kenner (also referenced as “Kenner” and “Owner”) will receive sealed bids for:

The proposed work (“Work”) includes:

Replacement and code required upgrades to the HVAC systems at the Pontchartrain Center.

Sealed bids will be received until Thursday, August 20, 2026 at 9:45 a.m. by the City of Kenner in the Finance Department located at:

1610 Reverend Richard Wilson Drive Building D

Kenner, Louisiana 70062

All interested parties are invited to attend the Bid Opening on the same day at 10:00 a.m. in the City of Kenner, Building D Auditorium, 1610 Rev. Richard Wilson Drive, Kenner, Louisiana, at which time the bids will be publicly read.

There will be a pre-bid meeting on Wednesday, July 29, 2026 at 10:00 a.m. at City of Kenner Building D Auditorium, 1610 Rev. Richard Wilson Drive, Kenner, LA 70062. All interested bidders are encourage to attend.

All bids must be in accordance with the Contract Documents (which include, but are not limited to, all documents, sections, terms, provisions, and any requirements provided for in this bid) on file with Meyer Engineers, Ltd (4937 Hearst Street, Suite 1B, Metairie, LA 70001) the Design Consulting Professionals (also referenced as “Design Professional”) for this project.

Copies of Contract Documents for review or for use in preparing bids may be obtained from Meyer Engineers, Ltd (4937 Hearst Street, Suite 1B, Metairie, LA 70001), upon deposit of $100.00 (refundable) for a hard copy set and/or $25.00 (non-refundable) for an electronic set on USB Flash Drive for each set of documents.

The Contractor shall hold a Louisiana Contractor’s license in Building Construction.

Bidders may obtain copies of the Contract Documents by visiting the City of Kenner’s website at www.kenner.la.us. Bidders may also obtain copies of Contract Documents for review and may also submit bids electronically by visiting www.centralauctionhouse.com.

CITY OF KENNER

/s/Elizabeth Herring Chief Financial Officer

Advertisement:

The Advocate: July 22, July 29, August 5, 2026

INSTRUCTIONS TO BIDDERS - LIST OF SUBJECTS

B-1 CROSS REFERENCE TO PRIMARY STATEMENTS

B-2 QUALIFICATION OF BIDDERS

B-3 FAMILIARIZATION WITH THE WORK

B-4 QUESTIONS

B-5 TAXES AND PERMITS

B-6 BID SECURITY

B-7 RETURN OF BID SECURITY

B-8 CONTRACT TIME

B-9 SUBCONTRACTORS AND SUPPLIERS

B-10 BID FORMS

B-11 ADDENDUM

B-12 CORRECTIONS

B-13 BID PRICING

B-14 SUBMISSION OF BIDS

B-15 LOUISIANA LICENSE REQUIREMENTS

B-16 WITHDRAWAL OF BIDS

B-17 EVLUATION OF BIDS

B-18 AWARD OF CONTRACT

B-19 EXECUTION OF AGREEMENT

B-20 FILING FEES

B-21 COPIES OF CONTRACT DOCUMENTS

B-22 LOCAL MATERIALS AND FIRMS

B-1 CROSS REFERENCE TO PRIMARY STATEMENTS. Definitions, requirements, and limitations affecting the bidding are contained in the various documents included with this bid and are not necessarily repeated in these instructions. All Bidders are responsible for the information in the Bid and Contract Documents including, but not limited to, the Agreement, Supplementary Conditions, General Condition, Technical Specification, and all Drawings.

B-2 QUALIFICATIONS OF BIDDERS. Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. In determining the Bidder's qualifications, the following factors will be considered: work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate plant and equipment to do the Work properly and expeditiously, (c) has the financial resources to meet all obligations incidental to the Work, and (d) has appropriate technical experience. Each Bidder may be required to show that former work has been handled and that no just claims are pending against such work. No Bid will be accepted from a Bidder who is engaged in any work, which would impair the Bidder's ability to perform or financially manage this Work.

B-3 FAMILIARIZATION WITH THE WORK. Each prospective Bidder shall become familiar with the Work, the site where the Work is to be performed, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. The Bidder shall carefully correlate its observations with requirements of the Contract Documents and otherwise become satisfied with the expense and difficulties attending performance of the Work. There will be no subsequent financial adjustment for lack of such familiarization. The execution of a contract after award will constitute a representation of compliance by the successful Bidder (also referenced as “Contractor”).

B-4 QUESTIONS. All questions about the meaning or intent of the Contract Documents shall be submitted to Design Professional in writing. Design Professional will reply by Addenda to all parties recorded as having received the bidding documents. Addenda will be issued at least three

(3) days (excluding weekends and holidays) prior to the time stated for Bid Opening. Questions received less than ten (10) working days prior to the date for Bid Opening will not be answered.

Only answers furnished by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All addenda will be posted electronically to the City of Kenner’s website at https://www.kenner.la.us/bids.aspx and at https://www.centralauctionhouse.com/rfpc10122-city-of-kenner-la.html for Central Bidding.

B-5 TAXES AND PERMITS. Attention is directed to the requirements of the General and Supplementary Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against Owner or Contractor in connection with the Work shall be paid by the Contractor. The bid prices shall include all such taxes and the costs of all required permits.

B-6 BID SECURITY. Bidder must submit a Bid Security in the form of bid bond, cashier’s check, or certified check in the amount of 5% of the contract price in favor of the City of Kenner.

If submitting Bid electronically, a bid bond is the only acceptable form of bid security. The Bid Security shall be forfeited to the Owner if the Bid is accepted and the Bidder should fail to enter into an Agreement.

B-7 RETURN OF BID SECURITY. The bid security of the successful Bidder will be retained until execution of the Agreement and furnishing of the required contract security (see SC-2 and SC-3 for reference). The bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until an Agreement is executed. Bid security by other Bidders will be returned within seven (7) days of the Bid Opening.

B-8 CONTRACT TIME. The Contract Time is an essential part of the contract, and it will be necessary for each Bidder to satisfy Owner of its ability to complete the Work within the time set forth in the Contract Documents. Provisions for delays, liquidated damages, and extensions of time are set forth in the Agreement, Supplementary Conditions, and General Conditions.

B-9 SUBCONTRACTORS AND SUPPLIERS. Upon the request of the Owner, the apparent low Bidder and any other Bidder shall submit a list of all subcontractors and major suppliers expected to be used in the Work.

B-10 BID FORM. In accordance with LA R.S. 38:2212 and Louisiana Administrative Code 34:III.307, bid submission shall conform to those requirements as stipulated on the Louisiana Uniform Public Work Bid Form, a copy of which is provided in this solicitation. Bid forms must be completed in ink. Bidder shall provide a corporate resolution or written evidence of the authority of the person signing the bid for the Work as prescribed by LA R.S. 38:2212(B)(5).

B-11 ADDENDA. The Bidder must acknowledge all Addenda on the Louisiana Uniform Public Work Bid.

B-12 CORRECTIONS. Bids may not be corrected or altered by erasure, strikethrough, or any other means unless each correction is initialed by the Bidder.

B-13 BID PRICING. The Bidder shall complete the Bid Form including the base bid, alternates, and, when applicable, unit price form. The total Bid will be determined by the total base bid plus any alternates the Owner selects.

B-14 SUBMISSION OF BIDS. Bids shall be enclosed in a sealed opaque envelope or wrapping and identified on the outside with the Bidder's name, Louisiana Contractor's license number, and the name of the project or bid number. 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. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

B-15 LOUISIANA LICENSE REQUIREMENTS. Bidder will obtain licensing in accordance with LA R.S. 37:2150 – 2173 prior to submitting a bid. Bidder will display it’s license number on the bid envelope. In the case of an electronic bid proposal, Bidder may submit an authentic digital signature on the electronic bid proposal accompanied by the contractor's license number. If the bid does not display the contractor's license number on the bid envelope, the bid shall be automatically rejected, returned to the bidder marked "Rejected", and not be read aloud.

B-16 WITHDRAWAL OF BIDS. Bidder cannot withdraw bid, except under limited circumstances of LA R.S. 38:2214. Bids containing patently obvious mechanical, clerical, or mathematical errors may be withdrawn by the Bidder if clear and convincing sworn, written evidence is furnished to the Owner within 48 hours of the Bid Opening, excluding Saturdays, Sundays, and legal holidays. Under no circumstances may a Bidder be allowed to raise any prices as contained in the initial Bid.

B-17 EVALUATION OF BIDS. The acceptance and rejection of bids will be in accordance with the Louisiana Public Bid Law, LA R.S. 38:2212. Owner shall consider compliance with the prescribed requirements, the qualifications of the Bidders, and price to determine the lowest responsive and responsible Bidder for award.

B-18 AWARD OF CONTRACT. In accordance with LA R.S. 38:2215, Owner shall award a contract within forty-five calendar days of Bid Opening to the lowest responsible and responsive bidder or they must reject all bids. However, Owner and the lowest responsible and responsive bidder, by mutual written consent, may agree to extend the deadline for award by one or more extensions of thirty calendar days. Owner reserves the right to waive informalities and to reject nonconforming, non-responsive, or conditional Bids.

B-19 EXECUTION OF THE AGREEMENT. If the lowest responsible and responsive bidder has timely provided all documents required by LA R.S. 38:2212 and this Solicitation, and no injunction or temporary restraining order is in effect, the lowest responsible and responsive bidder and the Owner shall execute the contract not later than sixty calendar days after the award of the contract.

B-20 FILING FEES. When required by law to be recorded, Contractor shall be responsible for filing one complete copy of the executed Contract Documents with the Recorder of Mortgages in Jefferson Parish and for paying all associated fees. Contractor shall promptly furnish recordation information to Owner. No payment shall be made until this requirement is fulfilled.

B-21 COPIES OF CONTRACT DOCUMENTS. Copies of the drawings and specifications for use in preparing Bids may be obtained from the Design Professional in accordance with the Invitation to Bid. Deposits will be refunded in accordance with LA R.S. 38:2212, provided the documents do not contain any permanent markings and can be reused for Contract Documents.

B-22 LOCAL MATERIALS AND FIRMS. By statutory authority, preference is hereby given to materials, supplies, and provisions produced, manufactured or grown in Louisiana, quality being equal to articles offered by competitors outside of the State (LA R.S. 38:2252).

END OF INSTRUCTIONS TO BIDDERS

LOUISIANA UNIFORM PUBLIC WORK BID FORM

TO: City of Kenner Finance Department 1610 Rev. Richard Wilson Drive Kenner, LA 70062 (Owner to provide name and address of owner)

BID FOR: Pontchartrain Center HVAC Improvements A/E Project No. 26-1130-0026 Bid No. 26-6976

(Owner to provide name of project & other identifying information)

The undersigned bidder hereby declares and represents that she/he: a) has carefully examined and understands the Bidding Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or any addenda, c) has personally inspected and is familiar with the project site, and hereby proposes to provide all labor, materials, tools, appliances and facilities as required to perform, in a workmanlike manner, all work and services for the construction and completion of the referenced project, all in strict accordance with the Bidding Documents prepared by Meyer Engineers, Ltd and dated: June 25, 2026.

(Owner to provide name of entity preparing bidding documents.)

Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number the Designer has assigned to each of the addenda that the Bidder is acknowledging _______________________________________.

TOTAL BASE BID: For all work required by the Bidding Documents (including any and all unit prices designated “Base Bid” * but not alternates) the sum of:

Dollars ($ )

ALTERNATES: For any and all work required by the Bidding Documents for Alternates including any and all unit prices designated as alternates in the unit price description.

Alternate No. 1 - Replace three (3) AHUs Serving Halls A & B (AHUs 3, 5B & 6). Add for the lump sum of:

Dollars ($ )

Alternate No. 2 – Replace two (2) AHUs Serving Halls A & B (AHUs 4 & 5A). Add for the lump sum of:

N/A Dollars ($ )

Alternate No. 3 (Owner to provide description of alternate and state whether add or deduct) for the lump sum of:

N/A Dollars ($ )

NAME OF BIDDER:

ADDRESS OF BIDDER:

LOUISIANA CONTRACTOR’S LICENSE NUMBER:

NAME OF AUTHORIZED SIGNATORY OF BIDDER:

TITLE OF AUTHORIZED SIGNATORY OF BIDDER:

SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER **:

DATE: _______________________

THE FOLLOWING ITEMS ARE TO BE INCLUDED WITH THE SUBMISSION OF THIS LOUISIANA UNIFORM PUBLIC WORK

BID FORM:

* The Unit Price Form shall be used if the contract includes unit prices. Otherwise, it is not required and need not be included with the form. The number of unit prices that may be included is not limited and additional sheets may be included if needed.

** A CORPORATE RESOLUTION OR WRITTEN EVIDENCE of the authority of the person signing the bid for the public work as prescribed by LA R.S. 38:2212(B)(5).

BID SECURITY in the form of a bid bond, certified check or cashier’s check as prescribed by LA R.S. 38:2218(A) attached to and made a part of this bid.

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, _____________________ as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Kenner, State of Louisiana, acting herein by and through the City Council, the governing authority for said City, hereinafter called the "OWNER", in the penal sum of:

DOLLARS ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated _________________, _______, for Pontchartrain Center HVAC Improvements.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified herein after the opening of the same or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefor or, if no period be specified, within twelve (12) days after the prescribed forms are presented to him for signature, enter into a written Contract with the OWNER in accordance with the Bid as accepted, and give bond with good sufficient surety and sureties, as may be required, for the faithful performance and proper fulfillment of such Contact; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the OWNER the difference between the amount specified in said bid and the amount for which the OWNER may procure the required work or supplies, or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise, to remain in full force and virtue.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , , and these presents signed by its undersigned representative, pursuant to authority of its governing body.

In Presence of:

(Individual Principal)

(Business Address, including Zip Code)

(Partnership) (Seal)

ATTEST: BY:__________________________

(Corporate Principal

ATTEST:

(Corporate Surety)

BY: __________________________

AFFIX CORPORATE SEAL

Countersigned:

BY: __________________________________

Attorney-in-Fact*

State of: ______________________________

*Power-of-Attorney for person signing for surety company must be attached to bond.

SAMPLE CORPORATE RESOLUTION

EXCERPT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF

AT THE MEETING OF DIRECTORS OF , DULY NOTICED

AND HELD ON , , A QUORUM BEING THERE PRESENT, ON

MOTION DULY MADE AND SECONDED, IT WAS RESOLVED THAT

________________________, BE AND IS HEREBY APPOINTED, CONSTITUTED AND

DESIGNATED AS AGENT AND ATTORNEY-IN-FACT OF THE CORPORATION WITH

FULL POWER AND AUTHORITY TO ACT ON BEHALF OF THIS CORPORATION IN ALL

NEGOTIATIONS, BIDDING, CONCERNS AND TRANSACTIONS WITH THE CITY OF

KENNER OR ANY OF ITS AGENCIES, DEPARTMENTS, EMPLOYEES OR AGENTS,

INCLUDING BUT NOT LIMITED TO, THE EXECUTION OF ALL BIDS, PAPERS,

DOCUMENTS, AFFIDAVITS, BONDS, SURETIES, CONTRACTS AND ACTS AND TO

RECEIVE AND RECEIPT THEREFOR ALL PURCHASE ORDERS AND NOTICES ISSUED

PURSUANT TO THE PROVISIONS OF ANY SUCH BID OR CONTRACT, THIS

CORPORATION HEREBY RATIFYING, APPROVING, CONFIRMING AND ACCEPTING

EACH AND EVERY SUCH ACT PERFORMED BY SAID AGENT AND ATTORNEY-IN-

FACT.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE

AND CORRECT COPY OF AN EXCERPT OF THE

MINUTES OF THE ABOVE DATED MEETING OF THE

BOARD OF DIRECTORS OF SAID CORPORATION,

AND THE SAME HAS NOT BEEN REVOKED OR

RESCINDED.

SECRETARY

DATE

AGREEMENT

THIS AGREEMENT, between the City of Kenner, Jefferson Parish, Louisiana, acting through its Mayor, (Owner) and _______ (Contractor):

NOW, THEREFORE, in consideration of the compensation to be paid to Contractor and of the mutual agreements herein contained, the parties to these presents have agreed as follows:

ARTICLE I. Owner, in accordance to with Kenner Ordinance No. ___________ grants Contractor an Agreement to perform the Work under Kenner Sealed Bid No. 26-6976, Pontchartrain Center HVAC Replacement according to the General Conditions, any Supplementary Conditions, the Drawings, and Specifications.

ARTICLE II. The Contractor shall perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the Work; tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor for the Work included in and covered by Owner's official award of this contract to Contractor, such award being based on the acceptance by Owner of Contractor's Bid.

ARTICLE III. That owner shall pay to Contractor for performance of the Work embraced in this contract, and Contractor shall accept as full compensation therefore, the sum (subject to adjustment as provided in the Contract Documents) of _________ dollars ($ _______) for all Work covered by and included in the contract award and designated in the foregoing Article I; payment thereof to be made in current funds in the manner provided in the Contract Documents.

ARTICLE IV. That Contractor shall complete all Work within 365 calendar days, after the commencement of Contract Time (as defined in General Conditions).

ARTICLE V. Time is an essential condition of the contract. Should Contractor fail to perform the Work within the Contract Time stipulated herein, Contractor shall pay to Owner, as liquidated damages and not as a penalty, 0.1% of the contract amount including change orders per calendar day of default, or $1,000.00 per day, whichever is greater, unless the Contract Time is extended by Owner.

After Design Professional or Engineer and Owner conduct a Final Inspection of the Work, a Punch List of outstanding items to be completed, if any, will be issued to the contractor. Contractor shall have thirty (30) calendar days to complete any outstanding items of Work remaining to be completed or corrected as detailed as a result of the Final inspection. If upon expiration of said thirty (30) calendar days the outstanding items of Work have not been completed, liquidated damages in the amount of 0.1% of the contract amount including change orders per day will be reinstated for every day in which the outstanding items of Work have not been completed.

ARTICLE VI. Pursuant to LSA-R.S. 38:2248 (Public Contract Law), Owner shall retain the following percentages of each progress payment until payment is due under the terms and conditions governing substantial completion or final payment.

CONTRACT AMOUNT RETAINAGE

$0-$499,999.99 10% $500,000 or greater 5%

ARTICLE VII. In order to induce Owner to enter into this Agreement and to the extent of their applicability to the work, Contractor makes the following representations,

1. Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress of performance of the Work.

2. Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by Design Professional in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions.

3. Contractor has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 2 as he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes.

4. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents.

5. Contractor has given Design Professional written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Design Professional is acceptable to Contractor.

All notices, letters, and other communication directed to Owner shall be delivered or addressed and mailed, postage prepaid to:

City of Kenner Public Works 1610 Reverend Richard Wilson Drive Building D Kenner, Louisiana 70062

The business address of Contractor given in the Bid Form and Contractor's office in the vicinity of the Work are both hereby designated as the places to which all notices, letters, and other communication to Contractor will be mailed or delivered. Contractor may change his address at any time by written notification to Owner.

ARTICLE VIII. In accordance with La R.S. 38:2216.1 and 39:1602.2, Contractor agrees that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on the entity’s or association’s status as a firearm entity or firearm trade association. Further, Contractor agrees that it will not discriminate against a firearm entity or firearm trade association during the term of the contract based solely on the entity’s or association’s status as a firearm entity or firearm trade association.

***Applicable to all contracts in the amount of $100,000 or more entered into or renewed on or after August 1, 2024, and if Contractor employs at least 50 full-time employees. This shall not apply if Contractor is a sole-source provider or sole bidder that meets the criteria under this Section.

ARTICLE IX. That the Contract Documents which comprise the contract between Owner and Contractor, attached hereto and made a part of the documents listed in Table of Contents, and the additional documents identified below.

• Addenda numbers: ___________

• Information submitted by Contractor prior to the Award of Contract by Owner

• Documents related to the Award of Contract by Owner

• Contract Documents required of Contractor prior to execution of this Agreement o Certificate of Insurance in accordance with the Supplementary Conditions of the Bid o A Performance Bond in accordance with the Supplementary Conditions of the Bid o A Payment Bond in accordance with the Supplementary Conditions of the Bid o A Non-Collusion Affidavit in accordance with La R.S. 38:2224 (Template provided in the

Bid) o Employment Status Verification Affidavit in accordance with La. R.S. 38:2212.10

(Template provided in the Bid) o Past Criminal Convictions Affidavit in accordance with La. R.S. 38:2227 (Template provided in the Bid)

• Notice to Proceed.

• Any Modifications (as defined in General Conditions) duly delivered after execution of this Agreement.

• The Contract Drawings consist of _______ sheets. Sheet titles are listed on sheet 1 of the Drawings. In addition, each sheet bears the following general title:

PONTCHARTRAIN CENTER HVAC IMPROVEMENTS

• Any Notice of Partial Utilization.

• Notices of Final Completion and Acceptance.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first hereinabove written.

[Signature blocks will be added to the Agreement when executed electronically]

FORM OF PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, , (Name of Contractor) a , hereinafter called Principal, and

, hereinafter called the "Surety", are (Name of Surety) held and firmly bound unto the City of Kenner, Louisiana, hereinafter called "Owner”, in the penal sum of _________________________________________________________________

Dollars ($ ) in 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, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , , a copy of which is hereto attached and made apart hereof for the construction 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 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 subcontractor 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 way 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.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , .

WITNESSES:

By: _____________________________________

(Principal)

Title: _______________________________

(Surety)

By: ______________________________________

(Attorney-in-fact)

(Address)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

LABOR AND MATERIALS PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

, a ______________________________________

(Name of Contractor -see Note 1) (Entity - see Note 2)

(Address of Contractor) hereinafter called Principal, and:

(Name of Surety - see Note 3)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Kenner, State of Louisiana, acting herein by and through the Kenner City Council, the Governing Authority for said City, hereinafter called Owner, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly pay all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor 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 way 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.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , .

WITNESSES:

(Principal)

BY:______________________________________

WITNESSES:

(Surety)

BY: _____________________________________

(Attorney-in-fact)

NOTE: Date of Bond must not be prior to date of Contract.

1. Correct name of Contractor

2. A Corporation, A partnership, or an Individual

3. Correct Name of Surety

NON-COLLUSION AFFIDAVIT

STATE OF LOUISIANA

PARISH OF JEFFERSON

BEFORE ME, the undersigned authority, personally came and appeared, Name who after being by me duly sworn and deposed said that he is the fully authorized

___________________________ of ____________________________________________ Title Name of Bidder the party who submitted a bid for the City of Kenner on _________________ and said affiant further said:

(1) The bidder employed no person, corporation, firm, association, or other organization, either directly or indirectly, to secure the public contract under which he received payment, other than persons regularly employed by the bidder whose services in connection with the construction of the public building or project or in securing the public contract were in the regular course of their duties for bidder, and

(2) That no part of the contract price received by bidder was paid or will be paid to any person, corporation, firm, association, or other organization for soliciting the contract, other than the payment of their normal compensation to persons regularly employed by the bidder whose services in connection with the construction of the public building or project were in the regular course of their duties for bidder.

(3) Said bid is genuine and the bidder has not colluded, conspired, or agreed, directly or indirectly, with any other bidder to offer a sham or collusive bid.

(4) Said bidder has not in any manner, directly or indirectly, agreed with any other person to fix the bid price of affiant or any other bidder, or to fix any overhead profit or cost element of said bid price, or that of any other bidder, or to induce any other person to refrain from bidding.

(5) Said bid is not intended to secure an unfair advantage of benefit from the Parish of Jefferson or in favor of any person interested in the proposed contract.

(6) All statements contained in said bid are true and correct.

(7) Neither affiant nor any member of his company has divulged information regarding said bid or any data relative thereto any other person, firm, or corporation.

SWORN TO AND SUBSCRIBED

BEFORE ME THIS DAY OF ______________________________

20____. (Authorized Signature)

NOTARY PUBLIC

Employment Status Verification Affidavit

STATE OF LOUISIANA

PARISH OF JEFFERSON

BEFORE ME, the undersigned authority, personally came and appeared, _____________________________, who after being duly sworn, deposed and said that he/she is the fully authorized ________________________ of ___________________________________

(hereinafter referred to as bidder), the party who submitted a bid for______________________, Bid Number ______________________ and said bidder further said:

(1) That bidder is registered and participates in a status verification system to verify that all employees in the State of Louisiana are legal citizens of the United States or are legal aliens.

(2) That bidder 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.

(3) That bidder shall require all subcontractors to submit to the bidder a sworn affidavit verifying compliance with statements (1) and (2).

Signature of Affiant

SWORN TO AND SUBSCRIBED

BEFORE ME ON THIS ________

DAY OF ________________, 20____.

NOTARY PUBLIC

NAME OF PROJECT

PROJECT NUMBER DATE OF BID

ATTESTATION CLAUSE REQUIRED BY

LA. R.S. 38:2227 (PAST CRIMINAL CONVICTIONS OF BIDDERS)

Appearer, as a Bidder on the above-entitled Public Works Project, does hereby attest that:

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 Name 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 pleas of guilty or nolo contendre 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 provision of Chapter 10 of Title 38 of the Louisiana Revised Statutes:

(a) Theft (R.S. 14:67) (f) Bank fraud (R.S. 14:71.1)

(b) Identity Theft (R. S. 14:67.16) (g) Forgery (R. S. 14:72)

(c) Theft of a business record (h) Contractors; misapplication of

(R. S. 14:67.20) payments (R.S. 14:202)

(d) False accounting (R.S. 14:70) (i) Malfeasance in office (R. S. 14:134)

(e) Issuing worthless checks (R. S. 14:71)

NAME OF BIDDER NAME OF AUTHORIZED SIGNATORY OF BIDDER

DATE TITLE OF AUTHORIZED SIGNATORY OF BIDDER

SIGNATURE OF AUTHORIZED

SUPPLEMENTARY CONDITIONS

List of Subjects

SC-1.00 SCOPE

SC-2.00 INSURANCE

SC-2.01 Workers’ Compensation and Employer's Liability Insurance.

SC-2.02 Commercial Automobile Liability Insurance.

SC-2.03 Commercial General Liability Insurance.

SC-2.04 Contractor’s Pollution, if applicable.

SC-2.05 Builder's Risk Insurance, if applicable.

SC-2.06 Deductibles / Self-Insured Retentions.

SC-2.07 Indemnity.

SC-2.08 Settlement of Insurance Claims.

SC-3.00 BID, PERFORMANCE, AND PAYMENT BONDS

SC-3.01 Performance and Payment Bonds.

SC-3.02 Resident Agent Required.

SC-3.03 Alternative Security.

SC-3.04 Scope of the Bond and Obligation of the Surety.

SC-4.00 OVERTIME WORK

SC-5.00 CORRECTION PERIOD

SC-6.00 PAYMENT OF LIQUIDATED DAMAGES.

SC-7.00 DOCUMENTATION TO ACCOMPANY PAY APPLICATIONS

SC-7.01 Materials and Equipment.

SC-7.02 Schedules and Data.

SC-7.03 Documentation for Final Payment.

SC-8.00 SPECIFICATIONS

SC-9.00 RESPONSIBILITY FOR PAYMENT

SC-10.00 UNDERGROUND INSTALLATIONS

SC-11.00 HISTORICAL OR ARCHAEOLOGICAL DEPOSITS

SC-12.00 CONTRACT TIME

SC-12.01 Delays and Damages.

SC-12.02 Time Extensions for Weather Conditions.

SC-13.00 SUBSTANTIAL COMPLETION

SC-14.00 ORDER OF PRECEDENCE

SC-15.00 ASSIGNMENT

SC-16.00 EMERGENCY PERSONNEL REQUIREMENTS

SC-17.00 COORDINATION OF WORK

SC-18.00 COOPERATION BETWEEN CONTRACTORS

SC-19.00 PRE-CONSTRUCTION CONFERENCE

SC-20.00 SCHEDULE OF VALUES AND PROJECT WORK SCHEDULE

SC-21.00 SHOP DRAWINGS AND SAMPLES

SC-22.00. USE OF POTABLE WATER

SC-23.00 FEMA CONTRACT PROVISIONS

P a g e 26 | 41

SUPPLEMENTARY CONDITIONS

SC-1.00 SCOPE. These Supplementary Conditions amend or supplement the General Conditions (EJCDC No. C-700, 2002 Edition), and amend or supplement other provisions of the Contract Documents. All provisions not so amended or modified remain in full force and effect.

SC-2.00 INSURANCE. The insurance requirements in Article 5 of the General Conditions are as modified herein. All liability and property insurance shall be purchased and maintained by Contractor as set forth herein.

Section 2.01 of the General Conditions is revised to require that the valid certificates of insurance showing the required waivers be submitted with the Contract when the Contractor returns the contract for signature by the Mayor of the City of Kenner.

The Contractor shall purchase in its name and maintain at its sole cost and expense such liability and other insurance as set out herein. This insurance will provide primary coverage for claims and/or suits which may arise out of or result from the Contractor’s performance and furnishing of the Work, whether it is performed by the Contractor, any sub-contractor, partner, supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable.

If applicable, the Contractor shall require all sub-contractors to maintain, in limits equal to or greater than Contractor’s, the same insurance coverage for Work performed or materials provided for the Work. Contractor shall insert this requirement in all contracts or agreements written and/or oral with all entities and/or persons who perform any Work under this contract. At no time shall Contractor allow any sub-contractors to perform Work without the required types and limits of insurance coverage.

All insurance shall include a waiver of subrogation in favor of the Owner and any principals for whom the Owner is working, including any and all co-lessors of such principal, and shall be subject to the approval of the Owner. Insurance provided for Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability shall name the Owner as an additional insured and shall be primary to any insurance carried by the Owner. Contractor shall furnish the Owner with certificates of insurance as evidence of the above insurance.

SC-2.01 Workers’ Compensation and Employer's Liability Insurance. The Contractor shall purchase in its name, and maintain during the life of this contract, Worker's Compensation Insurance for all his employees in any way engaged in this project.