city of lake charles mallard golf driving range PROJECT MANUAL - CP3492.pdf

MALLARD GOLF

DRIVING RANGE

PROJECT MANUAL

City # CP 3492 Architect # MR2416 July 2026

3221 Ryan Street, Suite B Lake Charles, LA 70601

Phone (337)-433-8166 Fax (337)-433-8167 ravelle@mossreed.com ryan@mossreed.com luke@mossreed.com smanino.ellenderllc@outlook.com office@mossreed.com

Consultants:

ASSOCIATED DESIGN GROUP

MECHANICAL/ELECTRICAL ENGINEER

3909 West Congress St., Suite 201 Lafayette, LA 70506 Phone (337) 234-5710 Fax (337) 237-1467

DUHON & PLEASANT CONSULTING ENGINEERS, LLC

STRUCTURAL & CIVIL ENGINEER

5393 Big Lake Road Lake Charles, LA 70605 Phone (337)564-5918

City of Lake Charles Lake Charles, LA

Mayor, Marshall J. Simien, Jr

Rev. 2025

THE CITY OF LAKE CHARLES

LOUISIANA

STANDARD CONTRACT DOCUMENTS

FOR ARCHITECTURAL

CONSTRUCTION PROJECTS

2025 Version

City of Lake Charles Standard Contract Documents for Architectural Projects

Page 2 of 5 Rev. 2025

TABLE OF CONTENTS

CITY OF LAKE CHARLES

STANDARD CONTRACT DOCUMENTS FOR ARCHITECTURAL PROJECTS

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE

CONTRACT

Section 00100 Advertisement for Bids Section 00200 Instructions to Bidders Section 00300 Louisiana Uniform Public Works Bid Form Section 00410 Bid Bond Section 00420 Felony Conviction and Employee Verification Affidavit Section 00425 Affidavit of Compliance with Clean Air Act and Water Pollution Act Section 00430 City of Lake Charles SBOP Good Faith Compliance Form Section 00435 City of Lake Charles Subcontractor List Section 00440 Non-Collusion Affidavit Section 00445 Sales Tax Exemption Form Section 00450 Notice of Award Section 00485 Corporate Resolution Section 00500 Agreement Section 00610 Contractor’s Performance Bond Section 00615 Contractor’s Payment Bond Section 00640 Notice to Proceed Section 00650 Change Order Section 00660 Field Order Section 00670 Certificate of Substantial Completion Section 00700 General Conditions – AIA A201-2017

DIVISION 1 - GENERAL REQUIREMENTS

Section 011000 Summary Section 012100 Allowances Section 012300 Alternates Section 013100 Project Management and Coordination Section 013300 Submittals Section 014000 Quality Requirements Section 014200 References Section 015000 Temporary Facilities and Controls Section 016000 Product Requirements Section 017200 Project Record Documents Section 017400 Warranties and Lists Section 017700 Closeout Procedures

Page 3 of 5 Rev. 2025

DIVISION 3 - CONCRETE

Section 031000 Concrete Formwork Section 032000 Concrete Reinforcement Section 033000 Cast-In-Place Concrete Section 033533 Decorative Concrete

DIVISION 5 - METALS

Section 051200 Structural Steel Framing Section 053100 Steel Decking Section 055190 Aluminum Pipe Railings

DIVISION 6 - WOODS, PLASTICS, AND COMPOSITES

Section 060000 Exterior Treated Wood Composite Column Section 061000 Rough Carpentry Section 061600 Sheathing Section 061753 Shop-Fabricated Wood Trusses

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

Section 072600 Under-Slab Vapor Barrier Section 072700 Air Barrier – Weather Resistant Barrier Section 074113 Standing Seam Metal Roof Panels Section 076200 Sheet Metal Flashing and Trim Section 079200 Joint Sealers

DIVISION 8 - OPENINGS

Section 083600 Overhead Doors VertiStack

DIVISION 9 - FINISHES

Section 099000 Painting

DIVISION 10 - SPECIALTIES

Section 104413 Fire Extinguishers and Accessories

Page 4 of 5 Rev. 2025

DIVISION 11 - EQUIPMENT

Section 114500 Food Service Equipment Section 116000 Athletic Equipment

DIVISION 22 - PLUMBING

Section 220000 Plumbing General Provisions Section 220500 Common Work Results for Plumbing Section 220519 Plumbing Piping Section 220700 Plumbing Insulation Section 221123 Natural Gas Piping Section 221124 Natural Gas Distribution Section 221319 Plumbing Specialties Section 221400 Drainage and Vent Systems Section 224000 Plumbing Fixtures

DIVISION 23- MECHANICAL

Section 230010 Mechanical General Provisions Section 230020 Basic Mechanical Requirements Section 230510 Electrical Requirements for Mechanical Equipment Section 230529 Hangers and Supports Section 230548 Vibration Isolation Section 230593 Testing, Adjusting, and Balancing Section 230801 Infrared Heaters Section 230900 Temperature Controls

DIVISION 26- ELECTRICAL

Section 260001 Electrical General Provisions Section 260500 Basic Material and Methods Section 260526 Grounding Section 260571 Acceptance Testing Section 260923 Occupancy Sensors Section 262713 Electrical Distribution System Section 265100 Lighting Fixtures

DIVISION 27- COMMUNICATIONS

Section 270500 Tele/Data Raceway System

Page 5 of 5 Rev. 2025

DIVISION 31 - EARTHWORK

Section 312000 Earth Moving Section 313116 Termite Control Section 316329 Drilled Concrete Piers and Shafts

DIVISION 32 - EXTERIOR IMPROVEMENTS

Section 323119 Ornamental Fence System (heavy) (screen divider at bays)

END OF TOC

Standard Contract Documents for Architectural Construction Projects

ADVERTISEMENT FOR BIDS

Public notice is hereby given that sealed bids are to be received at www.bidexpress.com or by mail or hand delivered in the office of Clerk of Council of the City of Lake Charles, located on the 4th Floor of City Hall at 326 Pujo Street, 4th Floor, Lake Charles, Louisiana, 70601 until two forty five p.m. (2:45 p.m.) central standard time on the 15th day of September 2026, and will be publicly opened and read aloud in the City Council Chambers on the 1st Floor of City Hall at 326 Pujo Street, Lake Charles, Louisiana 70601 at three p.m. (3:00 p.m) central standard time. For the following Project:

City of Lake Charles, Louisiana Mallard Golf Driving Range

CP 3492

All bids must be submitted on the proper bid form or electronic bid form. The Contractor shall display his Contractor’s license number prominently on the outside of the envelope on paper bids. Bids received after the above specified time for opening shall not be considered and shall be returned unopened to the sender.

Contract Documents, including drawings and technical specifications, may be examined at the office of the Architect Moss Reed Architects LLC 3221 Ryan Street, Suite B Lake Charles, LA 70601 phone:

(337) 433-8166. Electronic copies may be obtained at the office of the Architect via Email office@mossreed.com. Plans and specifications will be available until twenty-four (24) hours before the bid opening. In accordance with LA R.S. 38:2212, deposits on the first set of documents furnished to bonafide prime bidders will be fully refunded upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. For additional sets of documents, furnished to the bidder, the deposit less the actual cost of reproduction will be refunded upon return of the documents, in good condition, no later than ten (10) days after receipt of bids.

All bids shall be accompanied by a certified check, cashier's check, or bid bond payable to the City of Lake Charles, the amount of which shall be five percent (5%) of the base bid and all alternates. If a bid bond is used, it shall be written by a surety or insurance company currently on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A- Rating in the latest printing of the A.M. Best's Key Rating Guide to write individual bonds up to ten percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide, or by an insurance company in good standing licensed to write bid bonds which is either domiciled in Louisiana or owned by Louisiana residents. The bid bond shall be issued by a company licensed to do business in Louisiana and who is under contract with the surety company or bond issuer as a licensed agent in this state and residing in this state. The certified check, cashier's check or bid bond shall be given as a guarantee that the bidder shall execute the contract, should it be awarded to him, in conformity with the contract documents within fifteen (15) days of the Notice of Award.

No Bidder may withdraw his bid within forty-five (45) days after the actual date of the opening thereof;

except as prescribed in LA R.S. 38:2215 A. Bids and Bid Bonds shall be submitted only on the forms provided with the specifications.

Rev. 2025

The successful bidder shall be required to furnish a Performance and Payment Bond in an amount equal to 100% of the Contract amount, shall be written by a surety or insurance company currently on the U.S.

Department of the Treasury Financial Management Service list (Circular 570) or approved bonding companies which is published annually in the Federal Register. The public shall incur no obligation to the Contractor until the contract between the City and the Contactor is fully executed.

Contractors or contracting firms doing work which is classed as “Hazardous Materials” or any sub classification, shall be properly licensed when the work to be performed is $1.00 or more. Contractors or contracting firms submitting bids for work besides Hazardous Materials, shall be properly licensed for any work in the amount of $50,000.00 or more. All such bidders shall certify that they are licensed Contractors under Chapter 24 of Title 37 of the Louisiana Revised Statutes.

As a requirement under LA R.S. 37:2163, this project is classified by the Architect. The Contractor shall reference Section 00200 – Instructions to Bidders Part 3.6.1 for the required licensure classification.

Bids will be evaluated by the City of Lake Charles based on the lowest responsible bid submitted which is also in compliance with the specifications. The City of Lake Charles reserves the right to reject any and all bids in accordance with the provisions of LA R.S. 38.2211, et seq. Bids in the amounts specified above which have not bid in accordance with the requirements, shall be rejected and shall not be read.

Additional information relative to licensing may be obtained from the Louisiana State Licensing Board for Contractors, Baton Rouge, Louisiana.

Attention is called to the fact that the Contractor must ensure that employees and applicants for employment are not discriminated against because of race, creed, color, or national origin. The City of Lake Charles fully complies with Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act, and related statutes, executive orders, and regulations in all programs and activities. The City operates without regard to race, color, national origin, income, gender, age, and disability. Any person who believes him/herself or any specific class of persons, to be subjected to discrimination prohibited by Title VI/Americans with Disabilities Act may by him/herself or by representative file a written complaint with the City of Lake Charles. The City's Title VI Coordinator/ADA Coordinator may be reached by phone at

(337) 491-1440, the Mayor's Action Line at (337) 491-1346, or contact the appropriate Department Head.

A pre-bid conference will be held at Mallard Golf Club, 3470 Morganfield Dr., Lake Charles LA 70607, phone: 337-491-1400 on 25th day of August 2026 at 2:00 p.m. Attendance at this conference is NON- MANDATORY. Bidders are advised that they will be required to state on the bid form that they have personally inspected and are familiar with the project site.

CITY OF LAKE CHARLES, LOUISIANA

By:

PUBLISH DATES:

August 20, 2026 August 27, 2026 September 03, 2026 MARSHALL SIMIEN, Jr., Mayor

ATTEST:

s/Renee P. Deville______

CLERK OF THE COUNCIL

SECTION 00200

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a "Sub-bidder", who submits a Bid to the Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) proposes to make an award. The term "Bidding Documents" includes the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) and the Drawings.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of Bidding Documents in the number and for the sum stated in the Advertisement for Bids may be obtained as stated in the Advertisement for Bids.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents by Bidders and their Sub-bidders.

2.3 Owner and Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

2.4 No Bidding Documents will be issued later than twenty-four (24) hours of the date set for receiving bids, as provided by Louisiana Revised Statutes.

3. QUALIFICATIONS OF BIDDERS

3.1 It is the intention of the Owner to award this contract to a Bidder competent to perform and complete the Work in a satisfactory manner and who proposed to employ Subcontractors, if any, competent to perform their portion of the Work in a satisfactory manner. Accordingly the apparent responsible low bidder shall fully complete and submit the Subcontractor List (Section 00435), provided herein, within ten (10) calendar days after the bid opening. Failure to submit this form within the specified time frame will result in the bidder being declared as non-responsive, in accordance with LA R.S. 38.2212(B)(3)(a).

3.2 The Owner shall consider the Bidder qualifications, Subcontractors, and suppliers in evaluating the Bidder's bid and shall have the right to reject any Bidder for any reason set forth in LA R.S.

38:2211, et seq.

3.3 Should the Owner request additional information about the Bidder and proposed Subcontractors, following the submission of the Subcontractor List (Section 00435), the Bidder shall submit within seven (7) days of Owner's request the specific additional information requested by the Owner to define in greater detail the Bidder's bid proposal for Owner's evaluation. Such information shall have the same legal significance as if submitted with the original bid and, if the bid is accepted, shall become legally binding on the Successful Bidder.

3.4 The following reasons may be considered as being sufficient for the disqualification of a Bidder and the rejection of his Bid proposal or proposals; however, this list is not all inclusive:

3.4.1 More than one Bid received for the same work from an individual, firm or partnership, a corporation, or association under the same or different names will not be considered.

Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested.

3.4.2 If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion will not be considered. Participants in such collusion will receive no recognition as Bidders for any future work until any such participant shall have been reinstated as a qualified Bidder.

3.4.3 Default of any contract in force with the Owner at the time of Bid opening.

3.4.4 If the Bidder has withdrawn his bid from consideration after the bids were opened at a previous bid opening under this same project.

3.5 Should a prospective Bidder or low Bidder be rejected on the grounds that such a bidder is not a “responsible bidder” the following procedures shall be followed in accordance with LA R.S.

38:2212(X)(1):

3.5.1 Give written notice of the proposed action to such bidder and include in the written notice all reasons for the proposed action.

3.5.2 Give the bidder who is proposed to be disqualified the opportunity to be heard at an informal hearing at which such bidder is afforded the opportunity to refute the reasons for the proposed action.

3.5.2.1 The informal hearing shall be conducted prior to the award of the public work.

3.5.2.2 The informal hearing shall be a condition precedent to any action by the bidder adverse to the public entity, its representatives, employees, and designers.

3.5.2.3 The informal hearing shall be conducted by the public entity not later than five

(5) business days after the date of the notice of disqualification of such bidder.

The public entity shall issue a ruling in writing and deliver it to the affected bidder not later than five (5) business days after the date of the informal hearing.

3.5.2.4 No award of the contract for the public work shall be made by the public entity prior to the expiration of at least five working days following the date of issuance of the decision by the hearing official.

3.6 Bidders on projects in the amount of fifty thousand dollars ($50,000) or more shall be required to have a Louisiana Contractor's license and classification applicable to the work in compliance with Louisiana State Licensing Board for Contractors and in compliance with Louisiana Revised Statutes. Any bid that does not require the contractor to hold an active license shall state the exemption on the bid envelope in accordance with (Act 422-R.S. 37:2165).

3.6.1 The worked covered by these bid documents has been classified by the Architect in accordance with LA R.S. 37:2156.1 and LA R.S. 37:2156.2 as: Building Construction.

3.6.2 Following an initial an initial contact to the Architect, any person may object to the above stated classification(s) by sending a certified letter to both the State of Louisiana Licensing Board of Contractors and to the Architect. The objection shall be received by State of Louisiana Licensing Board of Contractors and the Architect within ten (10) working days prior to the date on which bids are to be opened. The objection shall explicitly state the

00200-3 reasons for the objection. The objection shall be submitted to a committee for determination. The Chairman of the Licensing Board shall appoint the committee, which shall consist of board members. The Committee shall have the power to approve the project classification or add an additional classification by vote of a majority of the members of the committee. The matter shall be resolved and the board shall notify the Architect within five (5) working days prior to the date on which bids are to be opened, unless all parties agree that a delay will not cause harm to others.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Architect of all conflicts, errors or discrepancies in the Contract Documents requiring correction, clarification, or interpretation.

4.2 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site are based upon information and data furnished to Owner and Architect by Owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions.

4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.5 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations.

4.6 The lands upon which the Work is to be performed, right-of-ways and servitudes for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor.

Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail

00200-4 to indicate and convey understanding of all terms and conditions of performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Architect. Interpretations or clarifications considered necessary by Architect in response to such questions will be issued by Addenda mailed, faxed, or emailed to all parties recorded by Architect as having received the Bidding Documents. Questions received less than seven (7) working days prior to the date for opening of Bids may not be answered. Only answers to questions by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner.

5.3 No addenda will be issued within seventy-two (72) hours of the advertised time for the opening of bids, excluding Saturdays, Sundays and any other legal holidays; without resulting in the extending the bid period for at least seven (7) but not more than twenty-one (21) working days, without the requirement of re-advertising as provided by LA R.S. 38:2212(O)(2)(b).

6. BID SECURITY

6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or cashier’s check or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions and Paragraph 6.3 below.

6.2 The Bid Security of the apparent Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance Bonds, whereupon the Bid Security will be returned. If the apparent Successful Bidder fails to execute and deliver the Agreement and furnish the required Bond, Affidavits and Insurance Certificate within fifteen (15) calendar days of the Notice of Award, Owner may annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the forty-sixth (46th) day after the Bid opening, whereupon Bid Security of such Bidders will be returned. The Owner and the Bidder may mutually agree to extend the forty-five (45) day period for holding the Bids and the Bid Security, as provided by Louisiana Revised Statutes. Bid Security of other Bidders will be returned approximately seven (7) days after the Bid opening.

6.3 In accordance with LA R.S. 38:2218.C, all Bid Guaranty Bonds shall be written by a surety or insurance agency currently on the U.S. Department of Treasury Financial Management Service list of approved companies, or by a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best’s Key Rating Guide or by an insurance company in good standing licensed to write bonds either domiciled in Louisiana or owned by Louisiana residents.

7. CONTRACT TIME

7.1 The number of days within which, or the dates by which, the WORK is to be Substantially Completed, and also completed and ready for final payment (the Contract Time) are set forth in Article 3.1 of the Agreement, Section 00500.

7.2 This contract time shall be on a calendar day or working day basis as set forth in Article 3.1 of the

00200-5

Agreement, Section 00500. In the case of a calendar day contract, the calendar days shall consist of the consecutive number of calendar days stated in the Agreement, Section 00500, including all Saturdays, Sundays, and Holidays.

7.3 In accordance with LA R.S. 38:2215(C) the Owner shall issue the Notice to Proceed no later than thirty (30) days following the date of execution of the contract by both parties, whichever date is later. However, the public Owner and the Contractor, upon mutual written consent of both parties, may agree to extend the deadline to issue the notice to proceed.

7.4 The WORK shall begin no later than ten (10) calendar days after the date to begin work as stipulated in the Notice to Proceed. Failure to start construction within the ten (10) day grace period and/or conduct the work in such a manner or with sufficient materials, equipment, and labor necessary to insure completion within the Contract time may be first cause for default of the Contract.

8. LIQUIDATED DAMAGES

8.1 In the event the Contractor fails to satisfactorily complete the entire work intended and provided for under this contract within the time as provided, liquidated damages shall be assessed against the Contractor by the Owner by deducting damages as follows:

Original Contract Amount (Dollars) Daily Charge (Dollars)

For More Than To and Including Calendar Day Working Day

$0 $25,000 $80 $195

$25,000 $50,000 $210 $345

$50,000 $100,000 $240 $400

$100,000 $500,000 $270 $510

$500,000 $1,000,000 $330 $595

$1,000,000 $2,000,000 $400 $695

$2,000,000 $5,000,000 $480 $825

$5,000,000 $10,000,000 $600 $975

$10,000,000 ------------ $630 $1,115

9. SUBSTITUTE MATERIALS OR PRODUCTS – PRIOR APPROVALS

9.1 In unusual cases where a closed specification has been justified for prior acceptance by the Owner in conformance with LA R.S. 38:2291 and LA R.S. 38:2295. A and B, the naming of that product in the Drawings and Specifications will be followed by wording indicating that no substitution is permitted.

9.2 Otherwise, where the Drawings and Specifications identify a product by a single specific brand, make, manufacturer, or definite specification it is to establish the required quality standard for the product regarding style, type, character, materials of construction, function, accessories, dimensions, appearance and durability. Products which are determined to be equivalent by the Architect will be acceptable. Products which are specified by a specific brand, make or

00200-6 manufacturer's name may also be specified by its applicable model or catalog number or other product designation.

9.3 If the Bidder desires to obtain approval of materials or equipment from other alternative suppliers or manufacturers to those identified in the Specifications or noted on the Drawings, a written request for a substitution shall be submitted to the Architect at least seven (7) working days prior to the Bid date as specified in LA R.S. 38:2295(C). Each such request shall include the name of the material or equipment for which it is to be substituted and complete description of the proposed substitute including drawings, cuts, performance and test data and other information necessary for an evaluation.

9.4 A statement setting forth any changes in other materials, equipment, or Work that incorporation of the substitute would require shall be included. Any proposed substitution shall include the cost of any necessary changes in the Project to substitute the proposed equipment, material or product for a complete installation. Basis of design of this Project is based upon the specified suppliers or manufacturers. Certain materials or equipment may meet the specification requirements with changes and/or modifications to their standard equipment and may include redesign of structures, hydraulics, processes, instrumentation and controls, electrical system and mechanical systems. In such a case, a substituted supplier or manufacturer will be accepted if such offered product is at least equivalent to the product specified, and the cost of any redesign is covered as specified. Should the Contractor propose furnishing substitute materials or equipment, the Contractor shall comply with the following:

a. The Contractor shall reimburse the Architect through the Owner for any associated Architectural costs for redesign and/or construction drawings production generated by any dimensional, mechanical, electrical, instrumentation, civil/site work, architectural, and structural changes and/or requirements for Manufacturer/Supplier. The bid for such Substitute Manufacturer/Supplier shall also include any proof of the merit of the proposed substitute is upon the Bidder.

b. Reimbursement for Architecting redesign shall be based on the Architect’s published hourly rates effective at the time of review or redesign plus any direct non-labor expenses such as travel, per diem, or reproduction services. Work necessary to furnish and install the equipment, including reimbursement described above and other modifications to the Work necessary to make the several parts fit together and perform as specified shall be at no additional cost to the Owner.

9.5 The Architect's decision of approval or disapproval of a proposed substitution shall be final. If Architect approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders, within three (3) days, exclusive of holidays and weekends, after the potential Bidder’s submission of a substitute material. Bidders shall not rely upon approvals made in any other manner. If a substitute offered by the Contractor is not found by the Architect to be equal to the material specified, the Contractor shall furnish and install the material specified.

9.6 After the receipt of Bids, the Contract, if awarded, will be on the basis of material and product described in the Drawings or specified in the Specifications without consideration of possible substitute of "or equal" items except as specified in 9.3 above.

10. SUBCONTRACTORS

10.1 All Subcontractors being assigned a portion of the Work in the amount of fifty-thousand dollars ($50,000) or more must possess a current Louisiana Contractor's license of the proper

00200-7 classification, as provided by Louisiana Revised Statutes. Furthermore, any Subcontractor who enters into a subcontract in the which the Subcontractor is to provide labor only, and the Contractor is to provide the materials, that Subcontractor must possess a current Louisiana Contractor’s license of the proper classification if the combined cost of the Subcontractor’s labor and the materials provided by the Contractor is $50,000 or more, even if the Subcontractor’s labor cost is less than $50,000 pursuant to LA R.S. 37:2150.1(3).

10.2 In accordance with Ordinance No. 12743 of the City of Lake Charles, Louisiana, the Bidder shall identify ALL Subcontractors which he proposes to employ on the Contract by NAME, ADDRESS, TELEPHONE, and SCOPE OF WORK. This information shall be provided in the Subcontractor List (Section 00435) which shall be submitted by the apparent low bidder within ten (10) days following the bid opening. If no Subcontractors are to be used on this project, the Bidder shall state this. The Contractor will be required to use all Subcontractors he identifies as listed on this form.

10.3 Should the Owner request additional information about the Bidder and proposed Subcontractors, following the submission of the Subcontractor List (Section 00435), the Bidder shall submit within seven (7) days of Owner's request the specific additional information requested by the Owner to define in greater detail the Bidder's bid proposal for Owner's evaluation. Such information shall have the same legal significance as if submitted with the original bid and, if the bid is accepted, shall become legally binding on the Successful Bidder.

10.4 If Owner or Architect after due investigation has reasonable objection to any proposed Subcontractor, supplier, other person or organization, either may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest responsible and responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom Owner or Architect does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Architect subject to revocation of such acceptance after the "effective date of the Agreement" as provided in Paragraph 6.06 of the General Conditions.

10.5 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom he has reasonable objection.

10.6 Unless otherwise approved by the City Council, the total amount of subcontract work shall not exceed forty-nine percent (49%) of the Work.

11. BID FORM

11.1 The Bid Form (Section 00300) is included with the Bidding Documents; additional copies may be obtained from the Architect.

11.2 Bid Form shall be completed in ink or by typewriter. All blanks on the Bid Form must be completed.

11.3 Bids by corporations must be executed in the corporate name by a corporate officer accompanied by evidence of authority to sign in accordance with the Resolution form (Section 00485). The corporate address and state of incorporation must be shown where indicated on the bid form.

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner whose

00200-8 title must appear where indicated on the bid form, and the official address of the partnership must be shown below the signature.

11.5 All names must either be clearly written and legible or be typed or printed where indicated on the Bid Form.

11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in where indicated on the Bid Form).

11.7 The address and telephone number for communications regarding the Bid must be shown where indicated on the bid form.

12. SUBMISSION OF BIDS

12.1 Paper bids shall be submitted on forms provided by the Owner at or before the time and at the place indicated in the Advertisement for Bids in accordance with LA R.S 38:2212(B)(6)(a). Both paper and electronic bids shall be subject to all requirements of the Contract Documents including the drawings, specifications, addenda, and these Instructions to Bidders. All bids must be regular in every respect and no interlineations, exclusions, or special conditions shall be made or included on the Bid Form by the Bidder.

12.2 If a bid is a paper bid, the bid, including the Bid Form, the Bid Security, and evidence of authority to sign the bid (if required) shall be enclosed in an opaque envelope. The envelope shall be sealed and clearly labeled with the name of the project, project number, name of bidder, bidder license number (where required), and the date and time of bid opening. All envelopes containing a Bid in the amount of fifty-thousand dollars ($50,000) or more shall bear the BIDDER'S Louisiana Contractor’s license number, as provided by Louisiana Revised Statutes. Any bid that does not require the Contractor to be licensed shall state the exemption on the bid envelope. If the Bid is submitted through the mail, the sealed envelope containing the bid shall be enclosed in a separate envelope addressed as specified in the Bid Form and sent by registered or certified mail with a return receipt requested. If the bid is submitted by hand the deliverer shall request a written receipt.

12.3 Electronic bids shall conform to the same requirements of a paper bid described, herein, and shall be encrypted prior to sending using the City’s key. The encryption level will ensure security. The City’s on-line provider shall follow the standards for the receipt of electronic bids adopted by the office of the Governor, Division of Administration, and the Office of Information Technology as provided for in LAC 4:XV.701.

12.4 Any Bids received after the bid submission deadline will not be accepted under any circumstances.

Any uncertainty regarding the time a Bid is received will be resolved against the Bidder. The Owner may consider as irregular any Bid on which there is an alteration of or departure from the electronic bid form or the paper bid hereto attached and at its option may reject the same.

13. MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the deadline for submitting Bids. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so; and, in case signed by a deputy or

00200-9 subordinate, the principal's proper written authority to such deputy or subordinate must accompany the request for withdrawal or modifications. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn or modified.

13.2 If, within forty-eight (48) hours of the Bid opening, exclusive of Saturdays, Sundays and legal holidays, any Bidder who files a duly signed, and sworn written notice with Owner to the satisfaction of Owner that there was a patently obvious mechanical, clerical or mathematical error in its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned as provided by LA R.S. 38:2214 [C]. Thereafter, the Bidder will be disqualified from future bidding and will not be permitted to provide any subcontract work on the Contract, for which the withdrawn bid was submitted, as provided by LA R.S. 38:2214 [D].

14. OPENING OF BIDS

14.1 Bids will be opened and (unless obviously nonresponsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

14.2 For projects requiring licensing, any bid which does not show on the paper bid envelope or the electronic bid form, the Contractor’s Louisiana Contractor’s license number and contain the Contractor’s license certification on the Bid Form, or any bid which does not state the exemption on the bid envelope or electronic bid form if the bid does not require the Contractor to hold a Louisiana Contractor’s license shall be automatically rejected and returned to the bidder marked “Rejected,” and shall not be read aloud.

15. BIDS TO REMAIN OPEN

15.1 As provided by LA R.S. 38:2215A., all Bids shall remain open for forty-five (45) calendar days after the day of the Bid opening, however as provided under LA R.S. 38:2215.D, these provisions are not applicable for projects requiring the sale of bonds or financed in whole or in part by federal or other funds which will not be readily available at the time bids are received.

15.1 Extensions of time when Bids shall remain open beyond the forty-five (45) calendar day period specified in LA R.S. 38:2215A may be made only by mutual agreement between the Owner and the lowest responsible bidder by one or more thirty (30) calendar day extensions.

16. NON-COLLUSION AFFIDAVIT

16.1 In accordance with the LA R.S. 38:2224, the apparent responsible low bidder shall execute and submit the Non-Collusion Affidavit (Section 00440) provided herein, within ten (10) calendar days after the bid opening, declaring that he has not entered into a collusive agreement with any other corporation, firm, nor person in preparation of his bid. Failure to submit this affidavit within the specified time frame will result in the bidder being declared as non-responsive.

17. FELONY CONVICTION/E-VERIFY AFFIDAVIT

17.1 In accordance with LA R.S. 38:2227 and LA R.S. 38:2212.10(C), the apparent responsible low bidder shall execute and submit the Felony Conviction and Employee Verification Affidavit (Section 00420) provided herein, within ten (10) calendar days after the bid opening, attesting that he has satisfied the requirements contained within said affidavit. Failure to submit this

00200-10 affidavit within the specified time frame will result in the bidder being declared as non-responsive.

18. AFFIDAVIT OF COMPLIANCE WITH CLEAN AIR ACT AND WATER POLLUTION ACT

18.1 The apparent responsible low bidder shall execute and submit the Affidavit of Compliance with Clean Air Act and Water Pollution Act (Section 00425) provided herein, within ten (10) calendar days after the bid opening, attesting that he has satisfied the requirements contained within said affidavit. Failure to submit this affidavit within the specified time frame will result in the bidder being declared as non-responsive.

19. AWARD OF CONTRACT

19.1 For reasons of just cause, as provided by LA 38:2214 B, the Owner reserves the right to reject any and all Bids, to waive any informalities allowable by statute, and to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Bids which are unsigned or are not accompanied by the required bid security shall be irrevocably rejected. When one or more bids are rejected, the reason therefore shall be given. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

19.2 In evaluating bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award.

19.3 Owner will also consider the qualifications and experience of Subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work whose identity must be submitted as provided in Article 3 of these Instructions to Bidders.

19.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

19.5 If the contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder.

Alternates, if accepted, shall be accepted in the order in which they are listed in the bid form.

Determination of the low bidder shall be on the basis of the sum of the base bid and any alternates accepted. However, the Owner shall reserve the right to accept alternates in any order which does not affect determination of the low bidder.

19.6 If this contract should involve financial assistance with funds from other agencies, the Owner shall refer to the regulations of that agency concerning the determination of the Bidder to be awarded this contract.

20. CONTRACT SECURITY

20.1 Article 11.7 of the General Conditions sets forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must

00200-11 be accompanied by the required Performance and Payment Bonds.

20.2 In addition to the requirements in Article 11.7 , in order to be acceptable to the Owner, a surety company issuing Bid Guaranty Bonds, or 100% Performance/Payment Bonds, called for in these Specifications, shall meet and comply with the following minimum standards:

20.2.1 Surety must be admitted to do business in the State of Louisiana and shall comply with the provisions of LA R.S. 38:2241. The Surety Company shall be listed by the U.S.

Department of Treasury Financial Management Service (Circular 570 as amended) with an A-rating as provided under LA R.S. 38:2219.

20.2.2 Surety shall have been in business and have a record of successful continuous operations for at least five (5) years.

20.2.3 Attorneys-in-fact who sign bid bonds or performance/payment bonds must file with such bond a certified copy of their power of attorney to sign such bond.

20.2.4 Agents of surety companies must list their name, address and telephone number on all bonds.

20.2.5 Surety shall have at least the following minimum ratings:

CONTRACT AMOUNT BEST'S RATINGS

up to $2,500,000 Class IV A- or better

$2,500,000 to $5,000,000 Class V A- or better Above $5,000,000 Class V A- or better

20.2.6 The life of the bonds shall extend twelve (12) months beyond the date of final acceptance for warranty purposes and shall contain a waiver of alteration to the terms of the Contract, extensions of time and/or forbearance on the part of the Owner.

21. SIGNING OF AGREEMENT

21.1 When the Owner issues the Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement, as well as, all other Contract Documents attached. No more than fifteen (15) calendar days thereafter, the Contractor shall sign and deliver the required number of counterparts of the Agreement, additional Contract Documents, and the required Performance and Payment Bonds with insurance certificates to Owner.

21.2 Having satisfied all conditions of the award as set elsewhere in these documents, the successful bidder shall, within the period specified above, furnish bonds in the penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and for payment of all persons performing labor and furnishing materials in connection with this contract. Such bonds shall be in the form of the City of Lake Charles Performance and Payment Bonds and shall bear the same date as, or a date subsequent to that of the Agreement. The bonds shall be written by the Surety of Insurance Company satisfying all of the minimum standards set forth in Article 20 of The Instructions to Bidders.

21.3 The failure of the successful bidder to execute such agreement, additional contract documents, and to supply the required bonds within fifteen (15) calendar days after the Notice of Award is issued, or within such extended period as the Owner may grant, based on reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest bidder or re-advertise for bids, and may charge against the bidder the

00200-12 difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the owner for a refund.

21.4 Within fifteen (15) calendar days thereafter, Owner shall deliver one (1) fully signed counterpart of the Agreement, as well as, all other Contract Documents to Contractor.

22. RETAINAGE

22.1 Retainage of 10% of the value of WORK completed and materials stored on-site shall be deducted from the Contractor's Application for Payment for contract prices up to $500,000.00.

22.2 Retainage of 5% of the value of WORK completed and materials stored on-site shall be deducted from the Contractor's Application for Payment for contract prices of $500,000 or more.

23. RELATED WORK UNDER SEPARATE CONTRACTS

23.1 The Bidder's attention may be directed to the fact that the Work to be done under this contract may be only part of a Project consisting of improvements under several different contracts, that contracts may be let for the other portions of the Project, and that the success of the Project may be dependent upon the completion of the Work under this contract and the work to be done by others.

24. TAXES

24.1 In accordance with applicable rules adopted and promulgated by the Louisiana Department of Revenue, the Owner will designate the Contractor and all Subcontractors as its agents for the purchase and lease of materials, supplies or equipment for this Project as per LA R.S.