city of kenner Q-26-6982-PROVIDE-LEAD-ABATEMENT-AND-LEAD-REMEDIATION-CONTRACTOR-SERVICES.pdf

City of Kenner Department of

Community Development

Request for Qualifications

TO SELECT QUALIFIED PROPOSERS TO PROVIDE

LEAD ABATEMENT AND LEAD REMEDIATION

CONTRACTOR SERVICES FOR THE DEPARTMENT OF

COMMUNITY DEVELOPMENT

RFQ No. 26-6982

Submission Deadline: S e p t e m b e r 1 8 , 2 0 2 6 a t 1 2 : 0 0 P M C D T

Michael J. Glaser Mayor

Tamithia P. Shaw Director | Office of Federal Program Compliance

PUBLIC NOTICE

RFQ 26-6982

REQUEST FOR QUALIFICATIONS

FOR

LEAD ABATEMENT AND LEAD REMEDIATION CONTRACTOR SERVICES

The City of Kenner is actively seeking qualifications from certified professionals for lead abatement and lead remediation contractor services. This critical work prevents dangerous lead paint exposure in homes older than 1978, and is funded through the Office of Lead Hazard Control and Healthy Homes.

Interested individuals or firms can obtain a copy of the Request for Qualifications packet by emailing the City of Kenner Finance Department at FINContracts@kenner.la.us or visiting www.Kenner.la.us.

RFQ packets may also be obtained, as well as submitted, on www.centralauctionhouse.com.

Completed packets are to be returned to the Finance Department by mail via USPS, Fed Ex or UPS no later than 12:00 PM CDT, September 18, 2026.

The City of Kenner reserves the right to reject any and all submissions. For additional information regarding this project, please contact FINContracts@kenner.la.us.

Michael J. Glaser Elizabeth Herring Mayor Chief Financial Officer City of Kenner City of Kenner

The Advocate September 2, 2026 September 9, 2026

PUBLIC NOTICE

The City of Kenner (Kenner) is soliciting the submittal of Request for Qualifications (RFQ) from persons or firms interested and qualified to provide lead remediation and healthy homes contractor services for grant funded programs (Proposed Project).

GENERAL INFORMATION

The City of Kenner is a HUD-entitlement municipality – entitled by statute to receive allocations by formula of City funds and federal program funds for Community Development Block Grants (CDBG), Community Development Block Grant-Disaster Recovery (CDBG-DR), Home Investment Partnership (HOME), Office of Lead Hazard Control and Healthy Homes, and HOME- ARP. More specifically, the City of Kenner is a grantee of the Lead Safe Hazard Reduction (LSHR) Program grant. The LSHR Program grant is federally funded for $2 million dollars to the City of Kenner through the Office of Lead Hazard Control and Healthy Homes for the United States Department of Housing and Urban Development. This program addresses lead hazards found in the homes of qualified low-income families with children under the age of six (6). The program also performs Heathy Homes interventions to address other environmental hazards as they are determined. The period of performance for these activities runs through November 2027.

PROFESSIONAL SERVICE REQUIREMENTS

The purpose of this RFQ is to establish a pool of responsive, capable contractors who can provide timely, efficient, and high-quality lead abatement and healthy homes services, as proscribed pursuant to a Scope of Work established by a third-party Lead Inspector/Risk Assessor.

The City seeks to quickly secure contracts with Lead Abatement firms who are certified with the State of Louisiana-Department of Environmental Quality (LDEQ) and have Lead Abatement Supervisor and Lead Abatement Worker disciplines. All lead abatement work must be performed according to the specifications described in the protocols for lead remediation with the City of Kenner Scope of Work Acknowledgment, in the US Dept. Housing and Urban Development (HUD) “Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing”, and all other applicable Federal, State, and Local regulations. All qualified respondents must submit a completed application with all requested support documentation in single package sealed and labeled. The application will be reviewed by a Selection Committee and qualified firms with experience in similar work will become certified on the LSHR program’s list of contractors.

Certified applicants will be eligible to participate in the program’s competitive bidding process through the period of performance. All winning bidders will be reimbursed for the services performed in a lump sum fee for each completed Scope of Work submitted by invoice. The approved contractor will deliver an invoice to the LSHR staff in accordance with the required Agreement, listing fees for each item on the completed scope of work for reimbursement.

Additional Requirements

This project will comply with all codes, standards, regulations, and workers' safety rules that are administered by federal agencies (HUD, EPA, OSHA, and DOT), state agency (LDEQ), and any other local building codes, regulations and standards that may apply.

KENNER makes no guarantee of the amount of work to be performed under the resulting contract(s).

GENERAL TERMS AND CONDITIONS

SCOPE OF WORK

Once you receive the scope of work (SOW), you must submit pricing within 4 days to the assigned city staff member along with a start date, the number of days it will take to complete, and the clearance date. The contractor’s price on the SOW should also include a detailed description of that line item for that measure. The price should include all costs incurred by the contractor (e.g., labor and material). No separate reimbursement for travel or other costs is permitted.

During the 4 days, it is mandatory to visit the job location, at a date and time established by the City of Kenner, to be able to provide accurate pricing within the price guideline and to get familiar with the house you may be working in. A city staff member will be available to discuss the lead hazard control measure list in the SOW with the contractor. If needed, the city staff member will make revisions to the Scope of Work based on those discussions and then finalize the SOW with costs included for each measure, as well as costs for site preparation and cleanup. A final SOW will be sent to the qualified list of contractors for bids, and submit it to Contractor. A final SOW and price will be perfected, and the winning proposer will sign an Agreement for the job. Few Change Orders will be accepted, once the job begins, unless unforeseen issues arise that both the Contractor and the city staff member agree that require changing the terms of the contract.

Should the eligible contractor decline the project offered, the next Eligible Contractor will be provided an opportunity to accept the project.

In addition, the scope of work will vary for each repaired structure that may include (but not be limited to)

• Control of lead-based paint hazards in eligible residential units as specified by a certified lead risk assessor/inspector in accordance with EPA, HUD, and RRP.

• Building envelope repair, including roof repair; door and window replacement;

• Drywall repair or replacement; rough and trim carpentry;

• Repair of trim and fall hazards, such as step repair/replacement and /or handrail installation or repair;

• Surface preparation and painting; flooring repair or replacements;

• Specialty construction elements associated with historic properties;

• Debris removal in accordance with all Federal, State, and local requirements, including disposal of materials containing lead-based paint in accordance with all applicable local and state codes and standards;

Other scope of services required

• Coordinate with the property owner and city staff regarding scheduling.

• Coordinate with assigned city staff to discuss SOW.

• Obtain all necessary state and local permits before the commencement of the work for each structure that requires. (e.g., abatement). Permits must be closed before final payment and should be submitted with the last invoice.

• Comply with all State and Federal laws, regulations, and guidelines;

• Provide professional labor, equipment, and materials adequate to perform the work in accordance with the scope of work issued by the city, for each applicant’s residential structure;

• Provide documentation and tracking of construction progress; (take before, during, and after photos), if requested;

• Complete work within the agreed-upon timeline. Failure to complete the job in a timely manner will result in liquidated damages of a $150/day fine for unreasonable delays, which will be adjusted according to the last invoice submitted by the Contractor

In addition, solicitation responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

KENNER reserves the right to award to more than one Contractor. KENNER’s award of a contract(s) will not entitle the Contractor to perform all projects for KENNER. Instead, it will entitle the Contractor, when requested by KENNER, to submit a price quote on a specific project. For any project, KENNER may obtain quotes from one or more Contractors awarded a contract because of this RFQ.

Proposers acknowledge by submitting a Qualifications Statement that the projects to be performed for the city will be flexible in nature and may require changes in the scope of services to meet the needs of the city and available budgets. The proposed projects by city that will fall under this contract may be in various planning stages and may require budgetary estimates to evaluate if projects are feasible and within allotted budgets. All estimates shall be created at the Contractors’ own expense, and the time and costs for creating said estimates shall be incidental to the bid and not incurred to the city.

Individual Projects awarded under this contract shall not exceed $75,000 in lead remediation and/or $30,000 in healthy homes for a single unit, or the maximum as set by HUD, over the term of the contract.

The Contractor shall provide this service for a one-year contract period, followed by optional two-consecutive one-year renewable terms. The Proposer further agrees to a month-to-month extension of the contract pending any new solicitation for RFQ process and contract award by the City of Kenner.

The successful bidder shall provide all labor, materials, equipment, tools, consumables, transportation, and incidentals to provide construction services for the City of Kenner.

Kenner will only enter into an Agreement/Contract with a firm or person submitting a Statement of Qualifications as the prime firm/person/consultant for the project. Kenner will not be entering into an Agreement with sub-contractors specified in the Statement of Qualifications. Sub-contractors do play a factor into the Evaluation Criteria of the Statement of Qualifications. Kenner reserves the right to select one or more persons or firms for this project.

Kenner is an Equal Opportunity Employer. We encourage small and minority owned firms and women's business enterprises to participate in this solicitation.

Agreements will only be executed after a funding source is established and proper approvals are received from entities involved with the financing of the project.

COMPENSATION

Compensation will be on a fixed lump sum fee basis per individual Scopes of Work.

The goal of this RFQ is to establish a roster of pre-qualified contractors that can quickly compete for general construction projects as they arise. Each such contractor will be required to enter into an Agreement that will set forth the general terms and conditions of the process as well as establish the method by which Scopes of Work (SOW) for specific work will be competed and issued. Proposers should note, however, that the Agreement would not authorize any specific work or constitute a guarantee that any work will be assigned to a contractor. All work will be awarded and released through individual project Scopes of Work.

All costs associated with the project shall be subject to the approval of the Mayor, Kenner Council and any entities involved with the financing of the project.

MINIMUM THRESHOLD REQUIREMENTS FOR SELECTION

• The persons or firms under consideration shall have a least one principal who is a LDEQ certified Lead Supervisor in the State of Louisiana. A subcontractor/sub-consultant may not be used to meet this requirement.

• The persons or firms under consideration shall have LDEQ certified Lead Workers in the State of Louisiana. (The workers must possess certificates that are current and will not expire within 90 days after contract signing.)

• Current State of Louisiana Contractor’s License, with a specialty in Lead Based Paint Abatement and Removal.

• Certificate of Insurance (COI) to include the requirements listed in the attached insurance requirements.

• An active Unique Entity Identifier (UEI) Number, as verified on www.sam.gov.

• Proof of M/W/V/SBE in any jurisdiction, if applicable

INSURANCE REQUIREMENTS

Upon selection for a particular project, successful firm(s) shall provide insurance certificates in accordance with Kenner's insurance requirements, attached to this RFQ.

EVALUATION CRITERIA

The following criteria listed in order of importance will be used to evaluate each person or firm submitting Evaluation Questionnaire:

I) Professional training and experience both generally and in relation to the type and magnitude of work required for the particular project, including experience with previous HUD-funded

Lead Hazard Reduction projects- 50 points maximum

2) Capacity for timely completion of the work, taking into consideration the person's or firm's current and projected workload and professional and support manpower, which includes successful clearance testing history - 10 points maximum

3) Size of the firm based on the number of personnel, as related to project requirements and/or scope and complexity of project - 5 points maximum

4) Past performance by the person or firm on public contracts; including any problems with time delays, cost overruns, and/or design inadequacies in prior projects for which said person or firm was held to be at fault, as evidenced by documentation provided by the administration, which includes low change order history and excellent safety record - 20 points maximum

5) Prior successful completion of projects of the type and nature of the services, as defined, for which firm has provided verifiable references. – 10 points maximum

6) Certification as an M/W/V/SBE in any jurisdiction. – 5 points maximum

Only the persons or firms receiving the highest scores, but no less than 85 points, shall be deemed qualified to perform these services.

All firms must submit a Request for Qualifications (RFQ) in the Services Evaluation Committee Format and all other required submittals. Interested firms must submit one (1) original, (3) copies and a digital copy on a flash drive for this RFQ Qualifications to the Office of Finance, City of Kenner, 1610 Reverend Richard Wilson Drive, Building D, Kenner, LA 70062 no later than September 18, 2026 at 12 P.M. CST Packets can also be submitted electronically via www.centralauctionhouse.com. No submittals will be accepted after this deadline. Any inquiries regarding this RFQ should be sent in writing to Fincontracts@kenner.la.us no later than seven (7) working days before deadline submission.

Kenner reserves the right to reject any and all submissions.

Michael J. Glaser Tamithia P. Shaw Mayor Director, Office of Federal Program Compliance City of Kenner City of Kenner

ADV. THE ADVOCATE

Attachments

Attachment A

Attachment B

Attachment C

Attachment D

Attachment E

Attachment F

Attachment G

Attachment H

Attachment I

Attachment J

Cover Sheet

Evaluation Committee Questionnaire

Certification of Submission

Attestation Clause

Corporate Resolution

Non-Collusion Affidavit

Insurance Requirements

Federal Provisions

Letter of Proposal

Scope of Work Acknowledgment

Cover Sheet

ATTACHMENT A

Request for Qualifications From:

(Name of Individual or Firm)

Provide Professional Lead Hazard and Healthy Homes Services

RFQ NO. 26-6982

PROPOSAL RECEIPT DATE: _______________________________

PROPOSAL RECEIPT TIME: 12:00 P.M.

SUBMITTED TO: CITY OF KENNER, FINANCE DEPARTMENT

1610 REV. RICHARD WILSON DRIVE

KENNER, LOUISIANA 70062 (504) 468-7261

Page 10 of

ATTACHMENT B

Evaluation Committee Questionnaire

• The Evaluation Committee Questionnaire should be completely filled out. Complete and attach ALL sections. Insert “N/A” or “None” if a section does not apply or if there is no information to provide.

• Questionnaire must be signed by an authorized representative of the Firm. Failure to sign the questionnaire shall result in disqualification of proposer.

• All subcontractors must be listed in the appropriate section of the Questionnaire.

Each subcontractor must provide a complete copy of the Evaluation Committee Questionnaire, applicable licenses, and any other information required by the advertisement. Failure to provide the subcontractors' complete questionnaire(s), applicable licenses, and any other information required by the advertisement shall result in disqualification of the proposer.

• If additional pages are needed, attach them to the questionnaire and include all applicable information that is required by the questionnaire.

CITY OF KENNER

LEAD SAFE HAZARD REDUCTION

CONTRACTOR APPLICATION

Date: ___________________________

I. FIRM IDENTIFICATION:

NAME: ___________________________________________________________________________

ADDRESS: ________________________________________________________________________

CITY: __________________________ STATE: __________________ZIP CODE: _______________

BUSINESS PHONE: ___________________________ HOME PHONE:________________________

MONTH & YEAR ESTABLISHED:

II. OWNERSHIP OF FIRM:

Type of Ownership? Individual ___________ Partnership _________ Corporation __________

Is more than 50% ownership owned by a minority or female? _________________________________

Name and address of all stockholders and/or partners:

NAME. TITLE. ADDRESS % OF OWNERSHIP

III. MANAGEMENT (Use same format for additional management personnel)

NAME: ___________________________________________________________________________

POSITION: ________________________________________________________________________

EDUCATION: ______________________________________________________________________

MANAGEMENT OR TECHNICAL TRAINING: _____________________________________________

IV. As a general contracting firm, list the work the firm normally performs with its own forces:

(Please Check) Commercial _____________________ Residential ____________________

New Construction ____________Remodeling _________Repairs _____________ Demolition _________

Lead Remediation (please specify)

V. ABILITY TO PERFORM WORK: RESOURCES

(1) Labor

Supervisory Personnel, including Lead Supervisors

NAME YEARS EXPERIENCE RESPONSIBILITIES

Regular Office Force, if any

NAME POSITION & RESPONSIBILITIES

Number of Regular Field Workers by Trades, Including Lead Certified workers

TRADE Number of Workers

Names of Remainder of Personnel not already listed on this form:

Trade References

List material suppliers who will carry your firm's account for thirty (30) days more.

NAME PHONE # CONTACT PERSON

(2) Supervision: Will be contractor personally supervise the "on-the-job" work? If not, can he readily secure competent supervision?

(3) Professional/Technical Assistance

Name, address and telephone number of firm's attorney (if any)

(4) List of Equipment, tools, machinery currently owned by firm

VI. LICENSES/CERTIFICATE:

Licenses and Certificates in Effect (ALL PROOF OF LICENSES REQUIRED)

TYPE AMOUNT

VII. CONTRACTS OR JOBS RECENTLY COMPLETED: (List all for previous year; attach another page if necessary).

NAME/ADDRESS PHONE # DESCRIPTION AMOUNT

VIII. CONTRACTS OR JOBS IN HAND:

NAME/ADDRESS PHONE # DESCRIPTION AMOUNT

IX. FINANCIAL:

Name of Bank and Branch Name of Loan Officer

Familiar with contractor's credit

Average size of monthly payroll during preceding 12 months:

X. INSURANCE REQUIREMENTS (see attached)

A. Proof of Insurance required, attach Certificate of Insurance

B. Record of Surety and Fidelity Bonds: (List bonds obtained during last two years – bids payment or performance), if any.

Date Contract or Job Type of Bond Amount Surety Company & Agent

C. Is there any pending litigation with which your company is engaged? If so, please state the nature of this litigation.

D. Does anyone working with this firm have a financial investment with any other contracting firm associated with the City of Kenner? If so, state with whom and he particular interest.

XI. REQUEST FOR REFERENCES

Project: Lead Abatement and Lead Remediation Contractor Services

1. Name _________________________________________________________________________

Address _______________________________________________________________________

Telephone ___________________________ Email address ______________________________

Contact Individual ________________________________________________________________

2. Name _________________________________________________________________________

Address _______________________________________________________________________

Telephone ___________________________ Email address ______________________________

Contact Individual ________________________________________________________________

3. Name _________________________________________________________________________

Address _______________________________________________________________________

Telephone ___________________________ Email address ______________________________

Contact Individual ________________________________________________________________

XII. SUBCONTRACTOR INFORMATION

License # Company Name Type of License Company Rep/Telephone #

012345 __Joe’s Plumbing____________ __Plumbing_____ Joe Smith/(504) 888-1234(example)

XII. COMMENTS:

ATTACHMENT C

CERTIFICATION OF SUBMISSION

This RFQ must be signed by an authorized Representative of the Company/Firm for the Submission to be valid. Signing indicates that you certify compliance with all instructions, terms, conditions, and specifications and further certifies that the person signing this RFQ and submitting the Response is duly authorized to act on behalf of the company. Furthermore, a copy of a corporate resolution, certificate of authority, affidavit or any document verifying the requisite authority must be provided in the Response.

(Type or Print Name of Person Authorized to Sign)

(Company Name)

(Street Address)

(City, State, Zip)

(Email

(Area Code) (Phone Number) (Area Code) (Fax Number)

(Signature of Person Authorized to Sign)

(Title of Person Authorized to Sign)

ATTACHMENT D

NAME OF PROJECT

PROJECT NUMBER DATE OF PROPOSAL

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 PROPOSER NAME OF AUTHORIZED SIGNATORY OF

PROPOSER

DATE TITLE OF AUTHORIZED SIGNATORY OF

PROPOSER

SIGNATURE OF AUTHORIZED

SIGNATORY OF PROPOSER

ATTACHMENT E

CORPORATE RESOLUTION

EXCERPT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF

AT THE MEETING OF DIRECTORS OF INCORPORATED, DULY NOTICED AND

HELD ON , 20 , 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, PROPOSALS, PAPERS, DOCUMENTS, AFFIDAVITS, BONDS, SUREITES, CONTRACTS AND ACTS AND TO RECEIVE AND

RECEIPT THEREFORE, ALL PURCHASE ORDERS AND NOTICES ISSUED PURSUANT TO THE PROVISIONS ON

ANY SUCH BID, PROPOSAL, 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 EXERPT OF THE MINUTES OF THE ABOVE

DATED MEETING OF THE BOARD OF DIRECTORS OF SAID

CORPORATION, AND THE SAME HAS NOT BEEN REVOKED OR

RECINDED.

SECRETARY

DATE

ATTACHMENT F

STATEMENT OF NON-COLLUSION

As a bidder or proposer to the City of Kenner, I certify that:

1. I have not colluded with any employee or elected or appointed official of the City of Kenner in any way in the preparation or submission of my proposal.

2. No employee or elected or appointed official of the City of Kenner will receive anything of economic value from me or my company, either directly or indirectly, if I am the successful low proposer for the sale to the City of Kenner of materials and labor.

This statement shall be considered as on-going for as long as I continue to submit bids or proposals to the City of Kenner. Should it be determined that the statements made herein are false, I understand that I will be ineligible to submit any future bids with the City of Kenner.

COMPANY NAME (PLEASE PRINT) AUTHORIZED SIGNATURE

ADDRESS NAME OF ABOVE (PLEASE PRINT)

CITY, STATE, ZIP CODE TITLE DATE

2/21

ATTACHMENT G

Insurance Requirements

CITY OF KENNER

GOODS AND SERVICES VENDORS FOR

CONTRACTS OVER $100,000

CONTRACT INSURANCE SPECIFICATIONS

PLEASE READ INSURANCE REQUIREMENTS CAREFULLY TO ENSURE ALL

INSURANCE COSTS ARE INCLUDED IN BID.

I. INSURANCE REQUIREMENTS:

THE VENDOR IS CAUTIONED TO ASSURE THAT THE OTAL INSURANCE REQUIREMENTS

FOR THIS PROJECT ARE THOROUGHLY REVIEWED, UNDERSTOOD AND MET. THE CITY

OF KENNER (HEREIN AFTER REFFERRED TO AS KENNER), THROUGH ITS RISK

MANAGEMENT CONSULTANT, WILL THOROUGHLY REVIEW THE COMPLETE INSURANCE

DOCUMENTATION SUBMITTED, PRIOR TO THE START OF WORK. FAILURE TO COMPLY

WITH THE TERMS AND CONDITIONS MAY BE GROUNDS FOR REJECTION OF AND/OR

REFUSAL TO AWARD A CONTRACT, PREFERRED VENDOR STATUS OR PERMIT ISSUANCE.

IF APPLICABLE, SUBCONTRACTORS MUST MEET THESE REQUIREMENTS AS WELL.

COVERAGES CANNOT EXCLUDE SERVICES PROVIDED TO CITY OF KENNER.

A. GENERAL:

The following insurance requirements shall be provided and shall apply on a primary basis; any insurance carried by KENNER shall be excess and non-contributory insurance. The total limit of insurance must be equal to or greater than the minimum acceptable limits indicated below. Required primary limits may be reached with the addition of umbrella or excess liability limits, if applicable. Additionally, each line of insurance may have its own set of requirements that must be met. “CLAIMS MADE” POLICIES OF INSURANCE ARE NOT ACCEPTABLE for auto liability, general liability, employers’ liability, and umbrella liability, but are acceptable for professional liability, pollution liability and errors and omissions policies.

B. INSURANCE:

Insurance obtained and maintained by the Vendor shall contain the following coverages and limits:

• WORKERS COMPENSATION:

• State Act - Louisiana Statutory Requirements; Provide Other States coverage, if applicable;

• Employers Liability with minimum acceptable limits of $1,000,000/$1,000,000/$1,000,000; and

• Waiver of subrogation in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, volunteers, and any other entities who may require waivers by specific contract.

• GENERAL LIABILITY:

o Commercial General Liability Form CG 00 01, or pre-approved equivalent;

o Minimal acceptable limit: $1,000,000 per occurrence; $2,000,000 general aggregate; and

$2,000,000 products/completed operations aggregate; including

• Product Liability coverage if selling food or goods, and

• Liquor Liability coverage if selling, serving or furnishing alcohol;

o Additional Insured endorsement in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers on CG 2010 Form B (edition 07 04), or approved equivalent; and o Waiver of Transfer of Rights of Recovery Against Others to in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers.

N o t e : The general liability policy shall not exclude any standardized coverage included in the required basic form or limit Contractual Coverages for this project in any way that would prohibit or limit the reporting of any claim or suit and the subsequent defense and indemnity that would normally be provided by the policy. General liability shall include coverage under damage to rented premises.

• AUTO LIABILITY:

o Minimal acceptable limit: $1,000,000 Combined Single Limits;

o Liability coverage to be provided for Any Auto OR All Owned Autos and Hired and Non-owned

Autos. If Vendor owns no vehicles, then a Hired and Non-owned Auto Liability policy is required;

o Additional Insured endorsement in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers; and o Waiver of Transfer of Rights of Recovery Against Others to Us in favor of The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers.

II GENERAL SPECIFICATIONS

A. Vendor’s Liability Insurance:

The Vendor shall purchase in its name, and maintain at its sole cost and expense, such liability and other insurance as set out in the insurance requirements of this Document. This insurance will provide primary coverage for claims and/or suits which may arise out of or result from the Vendor’s performance and furnishing of the work, goods or services, whether it is performed and/or furnished by the Vendor, any subcontractor, partner, supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the work, goods or services, or by anyone for whose acts any of them may be liable, and shall name The City of Kenner, its elected and appointed officials, agents, directors, servants, employees, and volunteers as an additional insured thereunder. Additionally, the Vendor should be aware of and comply with any requirements of its own insurance policies.

If applicable, the Vendor shall require all subcontractors to maintain, in limits equal to or greater than Vendor’s, the same insurance coverage for work performed or goods or services provided. The vendor shall insert this requirement in all contracts or agreements with all entities and/or persons who perform any work and provide goods and/or services. At no time shall the Vendor allow any subcontractors to perform work and/or provide goods or services without the required types and limits of insurance coverage. In the event of a subcontractor’s non-compliance with this requirement, the Vendor shall be responsible for any damages or liabilities arising from the subcontractor’s work, actions, or inactions.

B. General Requirements:

• Qualifications of Insurers:

• All insurance required in this document are to be purchased and maintained by the Vendor from insurance companies that are duly licensed by the State of Louisiana to issue insurance policies for the limits and coverages so required. Such insurance companies utilized are to have a minimum rating of A- VI as of the most currently published A.M. Best Guide. Any variance must be approved by KENNER.

• If the insurance company(s) providing any insurance coverage furnished by the Vendor is declared bankrupt, becomes insolvent, has its right to do business in Louisiana terminated, or it ceases to meet the requirements of this Document, the Vendor shall, within thirty (30) days thereafter, substitute another insurance company(s) acceptable to KENNER. KENNER reserves the right to mandate cessation of all work or provision of goods and/or services until the receipt of acceptable replacement insurance.

• Partnerships and Joint Ventures: If the Vendor is a partnership or joint venture then the evidence of all primary and excess liability insurance required to be maintained during the term hereunder shall be furnished in the name of the partnership or joint venture. Evidence of continuing primary commercial general liability insurance, which shall remain in effect in the name of the partnership or joint venture shall also be furnished.

• Certificates of Insurance/Policies of Insurance:

• The Vendor shall deliver to KENNER Certificates of Insurance, with copies to each additional insured identified in the Contract, evidencing all insurance which the Vendor has purchased and shall maintain in accordance with this Document. It is mandatory that within ten (10) days after the notification of the acceptance of the vendor application, the Vendor shall furnish to KENNER the certificates of insurance as required in this Document. KENNER reserves the right to require a complete copy of all policies, forms and endorsements, if it is deemed necessary.

• KENNER may require that any impaired aggregate(s) be replenished in its favor prior to commencement of work or the provisions of goods and/or services; and/or during its progress.

• KENNER reserves the right to request removal of any endorsement(s) that it finds jeopardizes its own insurance portfolio. Failure to reach a compromise may result in contract cancellation or disqualification of bidder. KENNER reserves the right to request certified copies of any policy(s) evidenced by the Certificate(s) of Insurance. The requested certified copies should be provided to KENNER within ten (10) days of the written request.

• Objection by KENNER: If KENNER has any objection to the coverage afforded by or any other provisions of the insurance required to be purchased and maintained by the Vendor in accordance with the insurance requirements for the work and/or the provision of goods and/or services on the basis of non-conformance with the requirements, KENNER shall notify the Vendor in writing within fifteen (15) days after receipt of the Certificates. The Vendor shall provide a written response to KENNER’s objections within ten (10) days from the date of the letter request.

• The Vendor’s Failure: Upon failure of the Vendor or his subcontractor to purchase, furnish, deliver or maintain such insurance as required herein, at the election of KENNER, the Contract may be forthwith declared suspended, discontinued, or terminated. Failure of the Vendor to purchase and maintain insurance shall not relieve the Vendor from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Vendor concerning indemnification.

• No Waiver of Liability: Acceptance of evidence of the insurance requirements by KENNER in no way relieves or decreases the liability of the Vendor for his performance of any work or the provision of goods or services. Additionally, the Vendor is responsible for any losses, expenses, damages, claims and/or suits and costs of any kind which exceed the Vendor’s limits of liability, or which may be outside the coverage scope of the Vendor’s insurance policies. The insurance requirements outlined in this Document shall in no way be construed to limit or eliminate the liability of the Vendor that may arise from the performance of work and/or provision of goods and/or services. The Vendor’s coverage is to be primary for any and all claims and/or suits related to or arising from his operations and any of the insurance coverage(s) maintained by KENNER is/are to be deemed as excess of the Vendor’s insurance coverage and shall not contribute with or to it in any way. The limits required herein are the minimum acceptable limits for this contract. KENNER in no way affirms that this is an adequate level of insurance for its operations.

• No Recourse Against KENNER: The insurance companies issuing the policies shall have no recourse against KENNER for payment of any premiums, deductibles, retentions or for assessments under any form or policy. These shall be borne by and be the sole responsibility of the Vendor.

ATTACHMENT H

FEDERAL CONTRACT PROVISIONS

REMEDIES. Pursuant to 2 C.F.R. Part 200, Appendix II(A), the City of Kenner reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

TERMINATION FOR CAUSE AND CONVENIENCE. Pursuant to 2 C.F.R. Part 200, Appendix II(B), when a City of Kenner expends federal funds, the City of Kenner reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

SECTION 109, HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited.

EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

a. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

b. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

c. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.

In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

TITLE VI, CIVIL RIGHTS ACT OF 1964 The Contractor 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.

SECTION 504 REHABILITATION ACT OF 1973 The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the federal financial assistance.

COMPLIANCE WITH THE DAVIS-BACON ACT. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week.

COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

29 C.F.R. 5.5(B). No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. The City of Kenner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through…