00726

GENERAL CONDITIONS FOR ST. TAMMANY PARISH

DEPARTMENT OF ENGINEERING

CAPITAL IMPROVEMENT PROJECTS

REFERENCE ORDINANCE 86-693

ADOPTED SEPTEMBER 4, 1986

This index is for illustrative purposes only and is not intended to be
complete nor exhaustive. All bidders/contractors are urged and it is	suggested that the entire document be read completely and fully.

GENERAL CONDITIONS INDEX

A.S.T.M.	01.07

AWARD	03.00

BEGINNING WORK	09.02

BID	01.08, 02.02, 02.04

BIDDER	01.09, 02.06

BONDS	01.10, 02.09, 02.10, 02.11, 03.03,
03.05, 03.08

CHANGE ORDER	01.11

CLAIMS	16.05

CLARIFICATIONS	15.01, 15.07, 21.14, 21.15

CLOSING ROADS	16.06

CONDITIONS AT JOB SITE	16.17

CONTRACT DOCUMENTS	01.12, 02.20, 06.00, 33.01

CONTRACT PRICE	01.13

CONTRACT TIME	01.14

CONTRACTOR	01.15, 02.07

DAMAGE	16.03

DEFECTIVE WORK	01.16, 21.01, 21.07, 21.08

DEFINITION OF TERMS	01.00

DELAYS	11.03, 11.04, 11.05

DRAWINGS	01.17

EQUIPMENT	13.00, 13.11

ENGINEER (NOT APPLICABLE)	15.00

EXTRA WORK	14.00, 14.04, 14.05, 14.06, 14.07,

14.08

FAILURE OF CONTRACTOR TO COMPLY	10.00

FIELD ORDER	01.18

FINANCING	02.16

FORCE ACCOUNT	14.05, 14.12

HIRING	13.13

INDEMNIFICATION (HOLD HARMLESS)	16.04, 16.05

INDEMNIFYING INFRINGEMENT CLAUSE	02.17

INJURIES	16.00

INSPECTION FEES	13.12

INSPECTIONS, GENERAL	21.03, 21.04, 21.05, 21.06

INSURANCE	24.00

INTENTION OF GENERAL CONDITIONS	31.00

LABOR	13.00, 13.02, 13.03, 13.08, 13.10

LAWS	02.18, 20.02, 33.00

LIQUIDATED DAMAGES	12.00

MATERIALS	13.00, 13.03, 13.04, 13.05

MODIFICATIONS	01.19

NOTICE OF AWARD	01.20

NOTICE OF SERVICE	30.01

NOTICE TO PROCEED	01.21

OBSTRUCTIONS	23.00

OCCUPANCY	25.00

ORAL INTERPRETATIONS	02.14

OWNER	01.22

PAYMENT	11.02, 11.05, 14.12, 28.00, 29.03

PERMITS	13.00, 13.12

PRICE	02.05

PROJECT	01.24

PROJECT REPRESENTATIVE	01.23

PROPERTY	19.01, 19.03

PROPOSAL	01.25, 02.00, 28.07

PROSECUTION AND PROGRESS	09.00, 21.11, 21.12

QUANTITIES OF ESTIMATES	14.00

RAILROADS	16.13

RECORD DRAWINGS	08.00

REJECTION OF BIDS	02.15, 03.01, 03.04

RENTAL EQUIPMENT FOR EXTRA WORK	14.09

RIGHTS OF WAY	18.00

SAFETY	16.01, 16.07

SANITARY PROVISIONS	17.00

SCHEDULE OF WORK	09.03, 09.04

SERVICE	30.00

SEVERABILITY	32.00

SHOP DRAWINGS	01.26, 07.00

SHRUBS	19.02

SITE	02.19

SPECIFICATIONS	01.27

SUBCONTRACTOR	01.28, 04.01, 04.02, 04.03, 04.04

SUBCONTRACTS	04.00, 13.09

SUBSURFACE CONDITIONS	22.00

SUBSTANTIAL COMPLETION	01.29, 28.04

SUPERINTENDENT	01.30

SUPERVISION	13.07

SURETY	03.06, 03.07, 03.09, 27.03

SURVEY	26.00

TAXES	13.00, 13.12

TERMINATION OF CONTRACT	27.00

TESTS, GENERAL	21.02, 21.21

TIME OF COMPLETION	11.00

TRAFFIC	16.10

TRAFFIC HAZARDS	16.16

TREES	19.02

VERBAL INSTRUCTIONS	21.16

WAIVERS	33:07

WARNING DEVICES	16.14, 16.15, 16.16

WARRANTY	21.09, 21.10

WORK	01.31, 20.01

WORK BY OTHERS	10.03, 10.04, 10.05

WORK BY OWNER	10.02, 10.04, 10.05

WORK FOR OTHER PROHIBITED	16.12

WORK ORDER	09.02

01.00	Definitions of Terms Whenever used in these General Conditions or in other Contract Documents, the following terms shall have the meanings indicated, and these shall be applicable to both the singular and plural thereof.

01.01	A.A.S.H.T.O American Association of State Highway and Transportation Officials. When A.A.S.H.T.O. is referred to in these Specifications it takes the meaning of the specification for materials and methods of testing specified by this association and the specification stated is considered to be a part of the Specifications as if written herein in full.

01.02	A.C.I American Concrete Institute. When A.C.I. is referred to in these Specifications it takes the meaning of the specification for materials and methods of testing specified by this institute and the specification stated is considered to be a part of the Specifications as if written herein in full.

01.03	Addenda Written or graphic instruments issued prior to the opening of bids which clarify, correct, modify or change the bidding or Contract Documents.

01.04	Advertisement The written instrument issued by the Owner at the request of the Owner used to notify the prospective bidder of the nature of the Work. It becomes part of the Contract Documents.

01.05	Agreement The written agreement or contract between the Owner and the Contractor covering the Work to be performed and the price that the Owner will pay. Other documents, including the Proposal, Addenda, Specifications, plans, surety, insurance, etc., are made a part thereof.

01.06	Application for Payment The form furnished by the Owner which is to be used by the Contractor in requesting incremental (progress) payments and which is to include information required by Section 28.01 and an affidavit of the Contractor. The affidavit shall stipulate that progress payments theretofore received from the Owner on account of the Work have been applied by Contractor to discharge in full of all Contractor's obligations reflected in prior applications for payment.

01.07	A.S.T.M. American Society of Testing Materials. When A.S.T.M. is referred to in these Specifications it takes the meaning of the specification for materials and methods of testing specified by this society and the specification stated is considered to be a part of the Specifications as if written herein in full.

01.08	Bid The offer or Proposal of the Bidder submitted on the prescribed form setting forth all the prices for the Work to be performed.

01.09	Bidder Any person, partnership, firm or corporation submitting a Bid for the Work.

01.10	Bonds Bid, performance and payment bonds and other instruments of security, furnished by the Contractor and its surety in accordance with the Contract Documents.

01.11	Change Order A written order to the Contractor signed by the Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time after execution of the Agreement.

01.12	Contract Documents The Agreement, Addenda, Contractor's Bid and any documentation accompanying or post-bid documentation when attached as an exhibit, the Bonds, these general conditions, the Advertisement for Bid, notice to the Contractor, all supplementary conditions, the Specifications, the Drawings, together with all Modifications issued after the execution of the Agreement.

01.13	Contract Price The total monies payable to the Contractor under the Contract Documents.

01.14	Contract Time The number of consecutive calendar days stated in the Agreement for the completion of the Work.

01.15	Contractor The person, firm or corporation with whom the Owner has executed the Agreement.

01.16	Defective An adjective when modifying the word Work refers to Work which is unsatisfactory, faulty or deficient for any reason whatsoever, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents or has been damaged prior to the Owner's recommendation or acceptance.

01.17	Drawings The Drawings and plans which show the character and scope of the Work to be performed and which have been prepared or approved by the Owner and are referred to in the Contract Documents.

01.18	Field Order A written order issued by the Owner or his agent which clarifies or interprets the Contract Documents.

01.19	Modification (a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, (c) A written clarification or interpretation issued by the Owner or his agent. Modification may only be issued after execution of the Agreement.

01.20	Notice of Award The written or verbal notice by Owner either direct to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein or enumerated in the Bid documents, within the time specified, Owner will sign and deliver the Contract Documents.

01.21	Notice to Contractor Instructions, written or oral given by Owner to Contractor and deemed served if given to the Contractor's superintendent, foreman or mailed to Contractor at his last known place of business.

01.22	Notice to Proceed A written notice given by the Owner direct fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligation under the Contract Documents.

01.23	Owner St. Tammany Parish, La. acting herein through its duly constituted and authorized representative, including but not limited to the Office of the Parish President or its designee, including but not limited to its Chief Administrative Officer and/or Legal Counsel. Parish of St. Tammany (hereinafter Parish) and Owner may be used interchangeably hereinafter.

01.24	Project Representative The authorized representative of the Owner who is assigned to the Project or any parts thereof.

01.25	Project The entire construction to be performed as provided in the Contract Documents.

01.26	Proposal The Bid submitted by the Bidder to the owner on the Proposal form setting forth the Work to be done and the price for which the Bidder agrees to perform the Work.

01.27	Shop Drawings All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, Subcontractor, Manufacturer, Supplier or Distributor and which illustrate the equipment, material or some portion of the Work.

01.28	Specifications The instructions to Bidders, these General Conditions, the Special Conditions and the Technical Provisions. All of the documents listed in the "Table of Contents."

01.29	Subcontractor An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Project Work.

01.30	Substantial Completion The date as certified by the Owner or its agent when the construction of the Project or a specified part thereof is sufficiently complete in accordance with the Contract Documents so that the Project or specified part can be utilized for the purposes for which it was intended; or if there is no such certification, the date when final payment is due in accordance with Section 28.

01.31	Superintendent Contractor's site representative. The person on the site who is in full and complete charge of the Work.

01.32	Work Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, usually including the furnishing of all labor, materials, equipment and other incidentals.

01.33 The terms "he/himself" may be used interchangeably with "it/itself."

02.00	PROPOSAL

02.01	All papers bound with or attached to the Proposal Form are a necessary part thereof and must not be detached.

02.02	For submitting Bids, the only form used shall be the pre-approved Proposal Form. Necessary copies of this form will be furnished for Bidding. Bound sets of the Contract Documents are for Bidder's information and should not be used in submitting Bids.

02.03	Proposal forms must be printed in ink or typed. Illegibility or ambiguity therein may constitute justification for rejection of the Bid.

02.04	Each Bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, the State License Number of the Bidder if required, its address and the name of the Project for which the Bid is submitted.

02.05	The price quoted for the Work shall be stated in words and figures. The price in the Proposal shall include all costs necessary for the complete performance of the Work in full conformity with the conditions of the Contract Documents, and shall include all applicable Federal, State, Parish, Municipal or other taxes. The price bid for the items listed on the Proposal Sheet will include the cost of all related items not listed, but which are normally required to do the type of Work bid.

02.06	The Proposal shall be properly signed by the Bidder. If the Bidder is an individual, any and all names and post office addresses must be shown; if a firm or partnership, the name and post office address of each member of the firm or partnership must be shown, together with satisfactory proof that said partner/agent possesses the requisite authority to so appear, sign and bind; if a corporation, the president, vice-president or secretary shall sign, and said agent must attach written authorization of the corporation by resolution or otherwise that the said agent has to requisite authority to so appear, sign and bind; all corporate or partnership Proposals must show the name of the corporation/partnership, the name of the state under the laws of which the corporation/partnership is chartered/registered, and the names, titles and business address of the officers/partners, and satisfactory evidence of the authority of the officer signing for the corporation/partnership; in the event the Proposal is submitted by an agency, said agency and its representative shall submit the requisite authority to appear, sign and bind said agency.

02.07	Only the Contractors licensed by the state to do the type of Work involved can submit a Proposal for the Work. The envelope containing the Proposal shall have the Contractor's license number typed on it. Failure to be properly licensed constitutes authority by the Owner for rejection of Bid.

02.08	Bidders shall not attach any conditions or provisions to the Proposal. Any conditions or provisions so attached may, at the sole option of the Owner, cause rejection of the Bid or Proposal.

02.09	A Bid Guarantee of not less than five percent (5%) of the amount of the Bid must accompany the Proposal and at the option of the Bidder, may be a cashier's check, certified check or a satisfactory Bid Bond attached to the pre-approved Bid Form. No Bid will be considered unless it is so guaranteed. Cashier's check or certified check must be made payable to the order of the Owner. Cash deposits will not be accepted. The Owner reserves the right to cash or deposit the cashier's check or certified check. Such guarantees shall be made payable to the Parish of St. Tammany.

02.10	Bid securities of the three (3) lowest Bidders will be retained by the Owner until the Contract is executed or until final disposition is made of the Bids submitted. Bid securities of all other Bidders will be returned promptly after the canvas of Bids. Bids shall remain binding for at least sixty (60) days after the date set for Bid Opening. In the event the Owner issued the letter of Award during this period, the Bid accepted shall continue to remain binding until the Execution of the Contract.

02.11	A Proposal may be withdrawn at any time prior to the scheduled closing time for receipt of Bids, provided the request in writing, executed by the Bidder or its duly authorized representative and is filed with the Owner prior to that time. When such a request is received, the Proposal will be returned to the Bidder unopened.

02.12	Written communications, over the signature of the Bidder, to modify Proposals will be accepted and the Proposal corrected in accordance therewith if received by the Owner prior to the scheduled closing time for receipt of Bids. Oral, telephonic or telegraphic Modifications will not be considered.

02.13	No oral interpretation obligating the Owner will be made to any Bidder as to the meaning of the Drawings, Specifications and Contract Documents. Every request for such an interpretation shall be made in writing and addressed and forwarded to the Owner. No inquiry received within five (5) days prior to the day fixed for opening of the Bids shall be given consideration. Every interpretation made to the Bidder shall be in the form of an addendum to the Specifications. All such Addenda shall become part of the Contract Documents. Failure of the Owner to send or if any Bidder fails to receive any such interpretation shall not relieve any Bidder from any obligation under this Bid as submitted without Modification.

02.14	The Owner reserves the right to reject any or all Bids, to waive informalities, and to make award as it may elect. Incomplete, informal or unbalanced Bids may be rejected. Reasonable grounds for belief that any one Bidder is concerned directly or indirectly with more than one Bid will cause rejection of all Bids wherein such Bidder is concerned. If required, a Bidder shall furnish satisfactory evidence of its competence and ability to perform the Work stipulated in its Proposal. Incompetence to properly perform the Work will constitute cause for rejection. If the Parish determines that the bidder is not responsive or responsible for any reason whatsoever, the bid may be rejected as per law.

02.15	The Contractor shall indemnify and save harmless the Owner from any and all suits, costs, penalties or claims for infringement by reason of use or installation of any patented design, device, material or process, or any trademark and copyright in connection with the Work agreed to be performed under this Contract, and shall indemnify and save harmless the Owner for any costs, expenses and damages which it may be obliged to pay by reason of any such infringement at any time during the prosecution or after completion of the Work.

02.16	Bidders shall familiarize themselves with and shall comply with all applicable Federal and State Laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Project, which may directly or indirectly affect the Work or its prosecution. These laws and/or ordinances will be deemed to be included in the Contract, as though herein written in full.

02.17	Each Bidder shall visit the site of the proposed Work and fully acquaint itself with all surface and subsurface conditions as they may exist so that it may fully understand this Contract. Bidder shall also thoroughly examine and be familiar with drawings, Specifications and Contract Documents. The failure or omission of any Bidder to receive or examine any form instrument, Drawing or document or to visit the site and acquaint itself with existing conditions, shall in no way relieve any Bidder from any obligation with respect to its Bid and the responsibility in the premises.

02.18	The standard form enclosed with the Proposal documents is a prototype. It is enclosed with the Contract Documents for the guidance of the Owner and the Contractor. It has important legal consequences in all respects and consultation with an attorney is encouraged.

02.19	When one set of Contract plans show the Work to be performed by two or more prime Contractors, it is the responsibility of each Bidder to become knowledgeable of the Work to be performed by the other where the Work upon which this bid is submitted is shown to come into close proximity or into conflict with the Work of the other. In avoiding conflicts, pressure pipe lines must be installed to avoid conflict with gravity pipe lines and the Bidder of the smaller gravity pipe line in conflict with the larger gravity pipe line must include in his Bid the cost of a conflict box at these locations. The location of and a solution to the conflicts do not have to be specifically noted as such on the plans.

02.20	Bidder shall execute affidavit(s) attesting compliance with La. R.S. 38:2224, as amended, and Parish of St. Tammany Form of Affidavit, Section 00615, or as otherwise as per law.

02.21	Sealed Proposals (Bid) shall be received by St. Tammany Parish for all Work shown on the Drawings or included in the Specifications and Contract Documents of this Project. Proposals (Bids) shall be received at the office of St. Tammany Parish, Division of Purchasing, Department of Finance 21490 Koop Drive, Mandeville, LA 70471 until the time and date denoted in Advertisement for Bids, at which time and place Proposals (Bids), shall be publicly opened and read aloud to those present. Sealed Proposals (Bids), may also be mailed to P.O. Box 628, Covington La, 70434, and must be received by the Division of Purchasing before the bid opening.

02.22	Proposals (Bids) shall be executed on Forms furnished and placed in a sealed envelope, marked plainly and prominently as indicated in the Advertisement for Bids, and addressed:

St. Tammany Parish

Department of Finance

Purchasing Division

21490 Koop Drive

Mandeville, LA 70471

02.23	Complete sets of Drawings, Specifications and Contract Documents may be secured at the Office of the Owner. See Advertisement for Bids for deposit schedule.

02.24	The successful bidder shall be required to post in each direction a public information sign 4' x 8' in size, containing information required by the Owner. The Owner shall supply this information.

03.00	AWARD, EXECUTION OF DOCUMENTS, BONDS, ETC.

03.01	The award of the Contract, if it is awarded, will be to the lowest responsive and responsible Bidder whose qualifications indicate that the award will be in the best interest of the Owner and whose Proposal complies with all the prescribed requirements. No award will be made until the Owner has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability & stability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the Owner within the time prescribed as established by the Department of Engineering based upon the amount of work to be performed and the conditions of same. The Owner reserves the right to reject the Bid of any Bidder which does not meet such qualifications to the Owner's satisfaction, together with financial ability and stability. In analyzing Bids, the Owner may take into consideration alternates and unit prices, if requested by the Bid forms. If the Contract is awarded, the Owner shall give the successful Bidder written notice of the award within sixty (60) days after the opening of the Bids.

03.02	At least three counterparts of the Agreement and of such other Contract Documents as practicable shall be signed by the Owner and the Contractor. The Owner shall identify those portions of the Contract Documents not so signed and such identification shall be binding on both parties. The Owner and the Contractor shall each receive an executed counterpart of the Contract Documents.

03.03	Prior to the execution of the Agreement, the Contractor shall deliver to the Owner the required Bonds.

03.04	Failure of the successful Bidder to execute the Agreement and deliver the required Bonds within twenty (20) days of the notice of the award shall be just cause for the Owner to annul the award and declare the Bid and any guarantee thereof forfeited.

03.05	In order to ensure the faithful performance of each and every condition, stipulation and requirement of the Contract and to indemnify and save harmless the Owner from any and all damages, either directly or indirectly arising out of any failure to perform same, the successful Bidder to whom the Contract is awarded, shall furnish a surety Bond in an amount of at least equal to one hundred percent (100%) of the Contract Price. The Contract shall not be in force or binding upon the Owner until such satisfactory Bond has been provided to and approved by the Parish. The Surety Company shall be approved by the Owner and the cost of the Bond shall be paid for by the Contractor unless otherwise stipulated in the Special Provisions. Bonds shall be executed before Owner's attorney.

03.06	No surety Company will be accepted as a bondsman which has no permanent agent or representative in the State upon whom notices referred to in the General conditions of these Specifications may be served. Services of said notice on said agent or representative in the State shall be equal to service of notice on the President of the Surety Company, or such other officer as may be concerned.

03.07	All bonds must be provided by a company which conforms to the following A.M. Best Company Ratings:

Amount of Contract	A.M. Best Rating (Or Better)

$0 - $250,000	B Class 7

$250,001 - $500,000	B Class 7

$500,000 & Larger	A Class 8

In order to be approved, the Company which furnishes the bond must be authorized to do business in the State of Louisiana and approved by the Commissioner of Insurance of the State of Louisiana. When the amount of the contract is larger than $250,000, the Company must hold a Certificate of Authority from the United States Treasury Department as acceptable surety on Federal Bonds.

03.08	Should the Contractor's Surety, even though approved and accepted by the Owner, subsequently remove its agency or representative from the State or become insolvent, bankrupt, or otherwise fail, the Contractor shall immediately furnish a new Bond in another company approved by the Owner, at no cost to the Owner. The new Bond shall be executed under the same terms and conditions as the original Bond. The new bond shall be submitted within thirty (30) days of such time as the Owner notifies Contractor or from the time Contractor learns or has reason to know that the original surety is no longer financially viable or acceptable to the Parish, whichever occurs first. In the event that Contractor timely fails or refuses to secure additional surety, then the Owner may secure such surety and thereafter deduct such cost or expense from any sum due or to become due Contractor.

03.09	The Contractor's bondsman shall obligate itself to all the terms and covenants of these Specifications and of contracts covering the Work executed hereunder. The Owner reserves the right to do extra Work or make changes by altering, adding to deducting from the Work under the conditions and in the manner herein before described without notice to the Contractor's surety and without in any manner affecting the liability of bondsman or releasing it from any of its obligations hereunder.

03.10	The Bond shall also secure for the Owner the faithful performance of the Contract in strict accordance with plans and Specifications. It shall protect the Owner against all lien laws of the State and shall provide for payment of reasonable attorney's fees for enforcement of Contract and institution or concursus proceedings, if such proceedings become necessary. Likewise, it shall provide for all additional expenses of the Owner occurring through failure of the Contractor to perform.

03.11	The surety of the Contractor shall be and does hereby declare and acknowledge itself by acceptance to be bound to the Owner as a guarantor, jointly and in solido, with the Contractor, for fulfillment of terms of Section 03.00.

03.12	The performance Bond and Labor and Material Bond forming part of this Contract shall be continued by Contractor and its Surety for a period of one (1) year from date of acceptance of this Contract by Owner; all to assure prompt removal and replacement of all defective material, equipment, components thereof, workmanship, etc. and to assure payment of any damage to property of Owner or others as a result of such defective materials, equipment, workmanship, etc.

03.13	Contractor shall pay for cost of recording the Contract and Bond and cost of canceling same. Contractor shall also secure and pay for all Clear Lien and Privilege Certificates (together with any updates) which will be required before any final payment is made, and that may be required before any payment, at the request of the Owner, its representative, agent, architect, engineer and the like. All recordation and Clear Lien and Privilege Certificate requirements shall be in accordance with those requirements noted herein before in contract Specifications.

03.14	In addition to successful Bidder paying all costs of recording Contract, successful Bidder shall be required to pay Notarial Fees to the operating fund of the Parish President in accordance with following schedule:

Amount of Contract	Notarial Fee

$ 0.00	TO	$ 25,000.00	$ 50.00

$ 25,000.00	TO	$ 50,000.00	$ 75.00

$ 50,000.00	TO	$ 75,000.00	$ 95.00

$ 75,000.00	TO	$ 100,000.00	$128.00

$100,000.00	TO	$ 200,000.00	$192.00

$200,000.00	TO	$ 500,000.00	$200.00 - $350.00

$500,000.00	TO	$1,000,000.00	$350.00 - $550.00

ABOVE $1,000,000.00	$565.00

04.00	SUBCONTRACTS

04.01	Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the items of materials or equipment), whether initially or as a substitute, against whom Owner may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner by Contractor prior to the Notice of Award and not objected to in writing by Owner prior to the Notice of Award will be deemed acceptable to Owner. Acceptance of any Subcontractor, other person or organization by Owner shall not constitute approval of all work by subcontractor not in conformance with Contract Documents. If Owner, after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by contractor after Notice of Award, Contractor shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. Contractor shall not be required to employ any Subcontractor, other person or organization against whom it has reasonable objection. Contractor shall not, without the consent of Owner, make any substitution for any sub-contractor or Contractor, other person or organization who has been accepted by Owner in writing unless determined that there is good cause for doing so.

04.02	Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between Owner and any Subcontractor or other person or organization having a direct Contract with Contractor, nor shall it create any obligation on the part of the Owner to pay or to see to the payment of any monies due any Subcontractor.

04.03	Nothing in the Contract Documents shall be construed to control the Contractor in dividing the Work among approved Subcontractors or delineating the Work to be performed by any trade.

04.04	The Contractor agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents prior to beginning Work. Every Subcontractor, by undertaking to perform any of the Work, shall thereby automatically be deemed bound by such terms and conditions.

04.05	The Contractor shall indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses including Attorney's fees arising out of or resulting from the Contractor's failure to bind every Subcontractor and Contractor's surety to all of the applicable terms and conditions of the Contract Documents.

05.00	ASSIGNMENT

05.01	Neither party to this Contract shall assign or sublet its interest in this Contract without written consent of the other, nor shall the Contractor assign any monies due or to become due to it under this Contract without previous written consent of the Owner, nor without the consent of the surety unless the surety has waived its right to notice of assignment.

06.00	CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS.

06.01	It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between Owner and Contractor. Alterations, modifications and amendments shall only be in writing between these parties.

06.02	The Contract Documents are intended to be complimentary and to be read in pari materii, and what is called for by one is as binding as if called for by all. If Contractor finds a conflict, error or discrepancy in the Contract Documents, it shall call it to the Owner's attention, in writing, at once and before proceeding with the Work affected thereby; however, it shall be liable to Owner for its failure to discover any conflict, error or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, special conditions, general conditions, construction Specifications and Drawings. The general notes on the plans shall be considered special provisions. Figure dimensions on Drawings shall govern over scale dimensions and detail Drawings shall govern over general Drawings. Where sewer connections are shown to fall on a lot line between two lots, the Contractor shall determine this location by measurement not by scale. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described herein which so applied to this Project are covered by a well known technical meaning or specification shall be deemed to be governed by such recognized standards unless specifically excluded.

06.03	Unless otherwise provided in the Contract Documents, the Owner will furnish to the Contractor (free of charge not to exceed ten (10) copies) Drawings and Specifications for the execution of Work. The Drawings and Specifications are the property of the Owner and are to be returned to it when the purpose for which they are intended have been served. The Contractor shall keep one copy of all Drawings and Specifications, including revisions, Addenda, details, Shop Drawings, etc. on the Work in good order and available to the Owner or the regulatory agency of the governmental body having jurisdiction in the area of the Work.

07.00	SHOP DRAWINGS, BROCHURES AND SAMPLES

07.01	After checking and verifying all field measurements, Contractor shall submit to Owner for approval, five copies (or at Owner's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of Contractor and identified as Owner may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable Owner to review the information as required.

07.02	Contractor shall also submit to Owner, for review with such promptness as to cause no delay in Work, all samples as required by the Contract Documents. All samples will have been checked by and stamped with the approval of Contractor identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. At the time of each submission, Contractor shall in writing call Owner's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents.

07.03	Owner will review with reasonable promptness Shop Drawings and samples, but its review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make any corrections required by Owner and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by Owner on previous submissions. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner that Contractor has determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers and similar data and thereafter assumes full responsibility for doing so, and that it has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.

07.04	Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been reviewed by Owner. A copy of each reviewed shop Drawing and each inspected sample shall be kept in good order by Contractor at the site and shall be available to Owner.

07.05	Owner's review of Shop Drawings or samples shall not relieve Contractor from its responsibility for any deviations from the requirements of the Contract Documents unless Contractor has in writing called Owner's attention to such deviation at the time of submission and Owner has given written approval to the specific deviation, nor shall any review by Owner relieve Contractor from responsibility for errors or omissions in the Shop Drawings. The mere submittal of shop drawings which contain therein deviations from the requirements of plans, specifications and/or previous submittals in itself does not satisfy this requirement.

08.00	RECORD DRAWINGS

08.01	The Contractor shall keep an accurate record in a manner approved by the Owner of all changes in the Contract Documents during construction. In Work concerning underground utilities, the Contractor shall keep an accurate record in a manner approved by the Owner of all valves, fittings, etc. Before the Work is accepted by the Owner, and said acceptance is recorded, the Contractor shall furnish the Owner a copy of this record.

08.02	Contractor shall keep an accurate drawing measured in the field to the nearest 0.1' of the location of all sewer house connections. The location shown shall be the end of the connection at the property line measured along the main line of pipe from a manhole.

08.03	Contractor shall keep an accurate drawing of the storm water drainage collection system. Inverts to the nearest 0.01' and top of castings shall be shown as well as location of all structures to the nearest 0.1'. Upon completion of the Work the plan will be given to the Owner.

09.00	PROSECUTION AND PROGRESS

09.01	Contractor shall conduct the Work in such a professional manner and with sufficient materials, equipment and labor as is considered necessary to ensure its completion within the time limit specified.

09.02	The Owner shall issue an order to proceed to the Contractor within twenty (20) days from the date of execution of the Contract. The Contractor is to commence Work under the Contract within ten (10) days from the date the order to proceed is issued by the Owner.

09.03	The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's approval an estimated progress schedule for the work to be performed, as well as a construction signing layout for all roads within the contract. The Contractor shall not start work or request partial payment until the work schedule has been submitted to the Owner for approval.

09.04	Revisions to the original schedule will be made based on extension of days granted for inclement weather or change orders issued under the contract. No other revision shall be made which affects the original completion or updated completion date, whichever is applicable.

09.05	Failure of the Contractor to submit an estimated progress schedule or to complete timely and on schedule the Work shown on the progress schedule negates any and all causes or claims by the Contractor for accelerated completion damages. These accelerated damage claims shall be deemed forfeited.

09.06	Meetings will be held as often and as are necessary to expedite the progress of the job. Meetings will be held during normal working hours at the jobsite and shall be mandatory for the Contractor and all Sub-Contractors working on the project. Meetings may be requested by the Owner at any time and at the discretion of the Owner.

10.00	OWNER'S RIGHT TO PROCEED WITH PORTIONS OF THE WORK

10.01	Upon failure of the Contractor to comply with any notice given in accordance with the provisions hereof, the Owner shall have the alternative right, instead of assuming charge of the entire Work, to place additional forces, tools, equipment and materials on parts of the Work. The cost incurred by the Owner in carrying on such parts of the Work shall be payable by the Contractor. Such Work shall be deemed to be carried on by the Owner on account of the Contractor. The Owner may retain all amounts of the cost of such Work from any sum due Contractor or those funds that may become due to Contractor under this Agreement.

10.02	Owner may perform additional Work related to the Project by itself or it may let any other direct contract which may contain similar General Conditions. Contractor shall afford the other contractors who are parties to such different contracts (or Owner, if it is performing the additional Work itself) reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with the subsequent work.

10.03	If any part of Contractor's Work depends upon proper execution or results upon the Work of any such other contractor (or Owner), Contractor shall inspect and promptly report to Owner in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. Failure so to report shall constitute an acceptance of the other Work as fit and proper for the relationship of its Work except as to defects and deficiencies which may appear in the other Work after the execution of its Work.

10.04	Whatever Work is being done by the Owner, other Contractors or by this Contractor, the parties shall respect the various interests of the other parties at all times. The Owner may, at its sole discretion herein, establish additional rules and regulations concerning such orderly respecting of the rights of various interests.

10.05	Contractor shall do all cutting, fitting and patching of its Work that may be required to integrate its several parts properly and fit to receive or be received by such other Work. Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering Work and will only alter Work with the written consent of Owner and of the other contractors whose Work will be affected.

10.06	If the performance of additional Work by other contractors or Owner is not noted in the Contract Documents, written notice thereof shall be given to Contractor prior to starting any such additional Work. If Contractor believes that the performance of such additional Work by Owner or others may cause additional expense or entitles an extension of the Contract Time, the Contractor may make a claim therefor. The claim must be in writing to the Owner within thirty (30) days of receipt of notice from the Owner of the planned additional Work by others.

11.00	TIME OF COMPLETION

11.01	The Notice to Proceed will stipulate the date on which the Contractor shall begin work. That date shall be the beginning of the contract time charges.

11.02	Contractor shall notify the Owner through the Parish Inspector or other duly authorized representative, in advance, of where Contractor's work shall commence each day .A daily log shall be maintained by Contractor to establish dates, times, persons contacted, and location of work. Specific notice shall be made to the Owner if the Contractor plans to work on Saturday, Sunday, or a Parish approved holiday. If notice is not received, no consideration will be given for inclement weather and same shall be considered a valid work day.

11.03	The Work covered by the Plans, Specifications and Contract Documents must be completed sufficient for acceptance within the number of calendar days specified in the Proposal and/or the Contract, commencing from the date specified in the Work Order. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the time of completion is an essential condition of this Contract, and it is further mutually understood and agreed that if the Contractor shall neglect, fail or refuse to complete the Work within the time specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the Owner $100.00 per day as specified in the Contract, not as a penalty, but as liquidated damages for such breach of contract for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the Work. It is specifically understood that the Owner shall also be entitled to receive a reasonable attorney fee and all costs in the event that Contractor fails to adhere to this agreement and this contract is referred to counsel for any reason whatsoever. Reasonable attorney fees shall be the prevailing hourly rate of the private sector, and in no event shall the hourly rate be less than $100.00 per hour. All attorney fees shall be paid to the operating budget of the Office of the Parish President.

11.04	Prior to final payment, the Contractor may, in writing to the Owner, certify that the entire Project is substantially complete and request that the Owner or its agent issue a certificate of Substantial Completion. See Paragraph 29.00

11.05	The Owner may grant an extension of time to the Contractor for unusual circumstances which are beyond the control of the Contractor and could not reasonably be foreseen by the Contractor prior to Bidding. Any such request must be made in writing to the Owner within seven (7) days following the event occasioning the delay. The Owner shall have the exclusive and unilateral authority to determine, grant and/or deny the validity of any such claim.

11.06	Extensions of time for inclement weather shall be processed as follows:

Commencing on the start date of each job, the Parish Inspector assigned to same shall keep a weekly log, indicating on each day whether inclement weather has prohibited the Contractor from working on any project within the specific job, based upon the following:

1.	Should the Contractor prepare to being work on any day in which inclement weather, or the conditions resulting from the weather, prevent work from beginning at the usual starting time, and the crew is dismissed as a result, the Contractor will not be charged for a working day whether or not conditions change during the day and the rest of the day becomes suitable for work.

2.	If weather conditions on the previous day prevent Contractor from performing work scheduled, provided that no other work can be performed on any project within the package. The Parish Inspector shall determine if it is financially reasonable to require the Contractor to deviate from the schedule and relocate to another location.

3.	If the Contractor is unable to work at least 60% of the normal work day due to inclement weather, provided that a normal working force is engaged on the job.

Any dispute of weather conditions as related to a specific job shall be settled by records of the National Weather Service.

11.07	Extensions of time for change orders

When a change order is issued, the Owner and Contractor will agree on a reasonable time extension, if any, to implement such change. Consideration shall be given for, but not limited to, the following:

1.	If material has to be ordered

2.	Remobilization and or relocation of equipment to perform task

3.	Reasonable time frame to complete additional work.

Time extensions for change orders shall be reflected on the official document signed by the Owner and Contractor.

11.08	At the end of each month, the Department of Engineering will furnish to the Contractor a monthly statement which reflects the number of approved days added to the contract. The Contractor will be allowed fourteen (14) calendar days in which to file a written protest setting forth in what respect the monthly statement is incorrect; otherwise, the statement shall be considered accepted by the Contractor as correct.

11.09	Apart from extension of time for unavoidable delays, no payment or allowance of any kind shall be made to the Contractor as compensation for damages because of hindrance or delay for any cause in the progress of the Work, whether such delay be avoidable or unavoidable.

12.00	LIQUIDATED DAMAGES

12.01	In case the Work is not completed in every respect within the time that may be extended, it is understood and agreed that per diem deductions at the sum of $100.00 as stipulated in the Proposal and/or Contract shall be made from the total Contract Price for each and every calendar day after and exclusive of the day of which completion was required, and up to the completion of the Work and acceptance thereof by the Owner. It is understood and agreed that time is of the essence to this Contract, and the above sum being specifically herein agreed upon in advance as the measure of damages to the Owner on account of such delay in the completion of the Work. It is further agreed that the expiration of the term herein assigned or as may be extended for performing the Work shall, ipso facto, constitute a putting in default, the Contractor hereby waiving any and all notice of default. The Contractor agrees and consents that the Contract Price, reduced by the aggregate of the entire damages so deducted, shall be accepted in full satisfaction of all Work executed under this Contract. It is further understood and agreed that Contractor shall be liable for a reasonable attorney fee and all costs associated with any breach of this agreement, including but not limited to this subsection. In the event that any dispute or breach herein causes referrals to counsel, then Contractor agrees to pay a reasonable attorney fee at the prevailing hourly rate of the private sector. In no event shall the hourly rate be less than $100.00 per hour.

13.00	LABOR, MATERIALS, EQUIPMENT, SUPERVISION, PERMITS AND TAXES

13.01	The Contractor shall provide and pay for all labor, materials, equipment, supervision, subcontracting, transportation, tools, fuel, power, water, sanitary facilities and all incidentals necessary for the completion of the Work in substantial conformance with the Contract Documents.

13.02	The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site.

13.03	Unless otherwise specifically provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Work covered by this Contract are to be new and of the best grade of their respective kinds for the purpose intended. Samples of materials furnished under this Contract shall be submitted for approval to the Owner when and as directed.

13.04	Whenever a material or article required is specified or shown on the plans by using the name of a proprietary product or of a particular manufacturer or vendor, any material or article which shall perform adequately the duties imposed by the general design will be considered equal, and satisfactory, providing the material or article so proposed is of equal substance and function and that all technical data concerning the proposed substitution be approved by the Owner prior to the Bidding. The Owner shall have the exclusive and unilateral discretion to determine quality and suitability.

13.05	Materials shall be properly and securely stored so as to ensure the preservation of quality and fitness for the Work, and in a manner that leaves the material accessible to inspection. Materials or equipment may not be stored on the site in a manner such that it will interfere with the continued operation of streets and driveways or other contractors working on the site.

13.06	The Contractor by entering into the Contract for this Work sets itself forth as an expert in the field of construction and it shall supervise and direct the Work efficiently and with its best skill and attention. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction.

13.07	Contractor shall keep on the Work, at all times during its progress, a competent resident Superintendent, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The Superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications given to the Superintendent shall be as binding as if given to the Contractor. Owner specifically reserves the right to approve and/or disapprove the retention of a new superintendent, all to not be unreasonably withheld.

13.08	Any foreman or workman employed on this Project who disregards orders or instructions, does not perform his Work in a proper and skillful manner, or is otherwise objectionable, shall, at the written request of the Owner, be removed from the Work and shall be replaced by a suitable foreman or workman.

13.09	The Contractor and/or its assigned representative shall personally ensure that all subcontracts and divisions of the Work are executed in a proper and workmanlike manner, on scheduled time, and with due and proper cooperation.

13.10	Failure of the Contractor to keep the necessary qualified personnel on the Work shall be considered cause for termination of the Contract by the Owner.

13.11	Only equipment in good working order and suitable for the type of Work involved shall be brought onto the job and used by the Contractor. The Contractor is solely responsible for the proper maintenance and use of its equipment and shall hold the Owner harmless from any damages or suits for damages arising out of the improper selection or use of equipment. No piece of equipment necessary for the completion of the Work shall be removed from the job site without approval of the Owner.

13.12	All Federal, State and local taxes due or payable during the time of Contract on materials, equipment, labor or transportation, in connection with this Work, must be included in the amount bid by the Contractor and shall be paid to proper authorities before acceptance. The Contractor shall furnish all necessary permits and certificates and comply with all laws and ordinances applicable to the locality of the Work. The cost of all inspection fees levied by any governmental entity whatsoever shall be paid for by the Contractor.

13.13	In accordance with St. Tammany Police Jury Resolution 86-2672, as amended, the Contractor must provide in a form suitable to the Owner an affidavit stating that all applicable sales taxes for materials used on this project have been paid.

13.14	During the period that this Contract is in force, neither party to the Contract shall solicit for employment or employ an employee of the other.

13.15	All materials or equipment shown on the drawings or included in these specifications shall be furnished unless written approval of a substitute is obtained from the Owner.

13.16	Unless specified for reasons of conformity with existing products, Owner shall consider a request for a substitution of a product which, in the opinion of the Owner, is functionally equal to that specified provided that such a request for substitution is made to the Owner

in writing at least ten (10) calendar days in advance of receipt of bids. The burden of proof of the equality of the proposed substitute is upon the proposer and only that information formally submitted shall be used by the Owner in making its decision.

13.17	The decision of the Owner shall be given in good faith and shall be final.

14.00	QUANTITIES OF ESTIMATE, CHANGES IN QUANTITIES, EXTRA WORK

14.01	Whenever the estimated quantities of Work to be done and materials to be furnished under this Contract are shown in any of the documents, including the Proposal, such are given for use in comparing Bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish same not to exceed twenty-five percent (25%) by the Owner to complete the Work contemplated by this Contract. Such increase or diminution shall in no way vitiate this Contract, nor shall such increase or diminution give cause for claims or liability for damages.

14.02	The Owner shall have the right to make alterations in the line, grade, plans, form or dimensions of the Work herein contemplated, provided such alterations do not change the total cost of the Project, based on the originally estimated quantities, and the unit prices bid by more than twenty-five percent (25%) and provided further that such alterations do not change the total cost of any major item, based on the originally estimated quantities and the unit price bid by more than twenty-five (25%). (A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total Contract Price, computed on the basis of the Proposal quantity and the Contract unity price). Should it become necessary, for the best interest of the Owner, to make changes in excess of that herein specified, the same shall be covered by supplemental agreement either before or after the commencement of the Work and without notice to the sureties. If such alterations diminish the quantity of Work to be done, such shall not constitute a claim for damages for anticipated profits for the Work dispensed with, but when the reduction in amount is a material part of the Work contemplated, the Contractor shall be entitled to only reasonable compensation as determined by the Owner for overhead and equipment charges which it may have incurred in expectation of the quantity of Work originally estimated, unless specifically otherwise provided herein; if the alterations increase the amount of Work, the increase shall be paid according to the quantity of Work actually done and at the price established for such Work under this Contract except where, in the opinion of the Owner, the Contractor is clearly entitled to extra compensation.

14.03	Without invalidating the Contract, the Owner may order extra Work or make changes by altering, adding to, or deducting from the Work, the Contract sum being adjusted accordingly. The consent of the surety must first be obtained when necessary or desirable, all at the exclusive discretion of the Owner. All the Work of the kind bid upon shall be paid for at the price stipulated in the Proposal, and no claims for any extra Work or material shall be allowed unless the Work is ordered in writing by the Owner.

14.04	Extra Work for which there is no price or quantity included in the Contract shall be paid for at a unit price or lump sum to be agreed upon in advance in writing by the Owner and Contractor. Where such price and sum cannot be agreed upon by both parties, or where this method of payment is impracticable, the Owner may, at its exclusive and unilateral discretion, order the Contractor to do such Work on a Force Account Basis.

14.05	In computing the price of extra Work on a Force Account Basis, the Contractor shall be paid for all foremen and labor actually engaged on the specific Work at the current local rate of wage for each and every hour that said foremen and labor are engaged in such Work, plus ten percent (10%) of the total for superintendence, use of tools, overhead, direct & indirect costs/expenses, pro-rata applicable payroll taxes, pro-rata applicable workman compensation benefits, pro-rata insurance premiums and pro-rata reasonable profit. The Contractor shall furnish satisfactory evidence of the rate or rates of such insurance and tax. The Contractor will not be able to collect any contribution to any retirement plans or programs.

14.06	For all material used, the Contractor shall receive the actual cost of such material delivered at the site of the Work, as shown by original receipted bill, to which shall be added five percent (5%). There will be absolutely no additional surcharges or additional fees attached hereto with respect to this subsection.

14.07	For any equipment used that is owned by the Contractor, the Contractor shall be allowed a rental based upon the latest prevailing rental price, but not to exceed a rental price as determined by the Associated Equipment Distributors (A.E.D.Green Book).

14.08	The Contractor shall also be paid the actual costs of transportation for any equipment which it owns and which it has to transport to the Project for the extra Work. There will be absolutely no additional surcharges or additional fees attached hereto with respect to this subsection.

14.09	If the Contractor is required to rent equipment for extra Work, but not required for Contract items, it will be paid the actual cost of rental and transportation of such equipment to which no percent shall be added. The basis upon which rental cost are to be charged shall be agreed upon in writing before the Work is started. Actual rental and transportation costs shall be obtained from receipted invoices and freight bills.

14.10	No compensation for expenses, fees or costs incurred in executing extra Work, other than herein specifically mentioned hereinabove, will be allowed.

14.11	A record of extra Work on Force Account basis shall be submitted to the Owner on the day following the execution of the Work, and no less than three copies of such record shall be made on suitable forms and signed by both the Owner or his representative on the Project and the Contractor. All bids for materials used on extra Work shall be submitted to the Owner by the Contractor upon certified statements to which will be attached original bills covering the costs of such materials.

14.12	Payment for extra Work of any kind will not be allowed unless the same has been ordered in writing by the Owner.

15.00	STATUS OF THE ENGINEER (NOT APPLICABLE)

16.00	INJURIES TO PERSONS AND PROPERTY

Public Convenience and Safety

16.01	The Contractor shall be held solely and exclusively responsible for all injuries to persons and for all damages to the property of the Owner or others caused by or resulting from the negligence of itself, its employees or its agents, during the progress of or in connection with the prosecution of the Work, whether within the limits of the Work or elsewhere under the Contract proper or as extra Work. This requirement will apply continuously and not be limited to normal working hours or days. The Owner's construction review is for the purpose of checking the Work product produced and does not include review of the methods employed by the Contractor or to the Contractor's compliance with safety measures of any nature whatsoever. The Contractor agrees to pay a reasonable attorney fee and other reasonable attendant costs of the Owner in the event it becomes necessary for the Owner to employ an attorney to enforce this section or to protect itself against suit over the Contractor's responsibilities. Attorney fees shall be at the prevailing hourly rate of the private sector. The attorney fee hourly rate shall not be less than $100.00 per hour. All attorney fees collected shall be paid to the operating budget of the Office of the Parish President.

16.02	The Contractor must protect and support all water and gas pipes or other properties which are liable to be damaged during the execution of its Work. It shall take all reasonable and proper precautions to protect persons, animals and vehicles or the public from the injury, and wherever necessary, shall erect and maintain a fence or railing around any excavation, and place a sufficient number of lights about the Work and keep same burning from twilight until sunrise, and shall employ one or more watchmen as an additional security whenever needed. The Contractor understands and agrees that the Owner may request that security be placed on the premises to ensure and secure same. The Owner shall exclusive authority to request placement of such security. Contractor agrees to retain and place security as requested, all at the sole expense of Contractor. Additional security shall not be considered change order or reason for additional payment by the Owner. The Contractor must, as far as practicable and consistent with good construction, permit access to private and public property and leave fire hydrants, catch basins, streets, etc., free from encumbrances. The Contractor must restore at its own expense all injured or damaged property caused by any negligent act of omission or commission on its part or on the part of its employees or subcontractors, including sidewalks, curbing, sodding, pipes conduits, sewers, buildings, fences, bridges, retaining walls, tanks, power lines, levees or any other building or property whatsoever to a like condition as existed prior to such damage or injury.

16.03	In case of failure on the part of the Contractor to restore such property or make good such damage, the Owner may upon forty-eight (48) hours notice proceed to repair or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become due under its Contract.

16.04	Contractor shall indemnify and hold harmless Owner and their agents, assigns, representatives and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the Work, caused in whole or in part by any negligent act or omission of Contractor, any of its Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts that the Contractor may be liable, regardless of whether or not it is caused in part by a party indemnified herein.

16.05	As to any and all claims against Owner, its agents, assigns, representatives or employees by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts as may be liable, the indemnification obligation under Paragraph 16.04 shall not be limited in any way or by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

16.06	No road shall be closed by the Contractor to the public except by written permission of the Owner. If so closed, the Contractor shall maintain traffic over, through and around the Work included in his Contract, with the maximum practical convenience, for the full twenty-four hours of each day of the Contract, whether or not Work has ceased temporarily. The Contractor shall notify the Owner at the earliest possible date after the Contract has been executed and, in any case, before commencement of any construction that might in any way inconvenience or endanger traffic, in order that necessary and suitable arrangements may be determined. Any and all security, maintenance, labor or costs associated with traffic control herein shall be at the sole expense of Contractor. This expense shall be paid directly by the Contractor. This expense shall not be considered as a change order nor shall it allow the Contractor any additional cost reimbursement whatsoever. All traffic deviations herein shall be coordinated with the appropriate law enforcement officials of this Parish.

16.07	The convenience of the general public and residents along the Works shall be provided for in a reasonable, adequate and satisfactory manner. Where existing roads are not available as detours, and unless otherwise provided, all traffic shall be permitted to pass through the Work. In all such cases, the public shall have precedence over Contractor's vehicles insofar as the traveling public's vehicles shall not be unduly delayed for the convenience of the Contractor. In order that all unnecessary delay to the traveling public may be avoided, the Contractor shall provide and station competent flagmen whose sole duties shall consist of directing and controlling the movement of public traffic either through or around the Work. Any and all security, maintenance, labor or costs associated with traffic control herein shall be at the sole expense of Contractor. This expense shall be paid directly by the Contractor. This expense shall not be considered as a change order nor shall it allow the Contractor any additional cost reimbursement whatsoever. All traffic deviations herein shall be coordinated with the appropriate law enforcement officials of this Parish.

16.08	The Contractor shall arrange its Work so that no undue or prolonged blocking of business establishments will occur.

16.09	Material and equipment stored on the right of way or Project site shall be so placed and the Work at times shall be so conducted as to ensure minimum danger and obstruction to the traveling public.

16.10	During grading operations when traffic is being permitted to pass through construction, the Contractor shall provide a smooth, even surface that will provide a satisfactory passageway for use of traffic. The road bed shall be sprinkled with water if necessary to prevent a dust nuisance, provided the dust nuisance is a result of the Work.

16.11	Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than permitted by ordinances, rules or regulations or within fifteen (15) feet of a fire hydrant, in the absence of such ordinance, rules or regulations.

16.12	The Contractor shall not, without the written permission of the Owner, do Work for a resident or property owner abutting the Work at the time that this Work is in progress.

16.13	No Work of any character shall be commenced on railroad right-of-way until the Railroad Company has issued a permit to the Owner and has been duly notified by the Contractor in writing (with a copy forwarded to the Owner) of the date it proposes to begin Work, and until an authorized representative of the Railroad Company is present, unless the Railroad Company waives such requirements. All Work performed by the Contractor within the right-of-way limits of the railroad shall be subject to the inspection and approval of the chief engineer of the Railroad Company or its authorized representative. Any precautions considered necessary by said chief engineer to safeguard the property, equipment, employees and passengers of the Railroad Company shall be taken by the Contractor without extra compensation. The Contractor shall, without extra compensation, take such precautions and erect and maintain such tell-tale or warning devices as the Railroad Company considers necessary to safeguard the operation of its trains. The temporary vertical and horizontal clearance specified by the chief engineer of the Railroad Company in approving these shall be maintained at all times. No steel, brick, pipe or any loose material shall be left on the ground in the immediate vicinity of the railway track. Before any Work is done within Railroad right of way, the Contractor shall provide and pay all costs of any special insurance requirements of the Railroad.

16.14	The Contractor, shall, without extra compensation, provide, erect, paint and maintain all necessary barricades. Also, without extra compensation, the Contractor shall provide suitable and sufficient lights, torches, reflectors or other danger signals and signs, provide a sufficient number of watchmen and flagmen and take all the necessary precautions for the protection of the Work and safety of the Public.

16.15	The Contractor shall erect warning signs beyond the limits of the Project, in advance of any place on the Project where operations interfere with the use of the road by traffic, including all intermediate points where the new Work crosses or coincides with the existing road. All barricades and obstructions shall be kept well painted and suitable warning signs shall be placed thereon. All barricades and obstructions shall be illuminated at night and all lights or devices for this purpose shall be kept burning from sunset to sunrise.

16.16	Whenever traffic is maintained through or over any part of the Project, the Contractor shall clearly mark all traffic hazards. No direct payment will be made for barricades, signs and illumination therefore or for watchmen or flagmen.

16.17	The Contractor will be solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. The duty of the Owner to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures, in, or near the construction site.

17.00	SANITARY PROVISIONS

17.01	The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees as may be necessary to comply with the rules and regulations of the State Health Agency or of the other authorities having jurisdiction and shall permit no public nuisance.

18.00	RIGHTS OF WAY

18.01	The Owner will furnish the Contractor with all necessary rights-of-way for the prosecution of the Work. The rights of way herein referred to shall be taken to mean only permission to use or pass through the locations or space in any street, highway, public or private property in which the Contractor is to prosecute the Work.

18.02	It is possible that all lands and rights of way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin its Work upon such land and rights of way as the Owner may have previously acquired. Any delay in furnishing these lands by the Owner shall be deemed proper cause for adjustment in the Contract amount and/or in the time of completion.

19.00	PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

19.01	The Contractor shall not enter upon private property for any purpose without first obtaining permission from the Owners and Lessees. The Contractor shall use every precaution necessary for the preservation of all public and private property, monuments, highway signs, telephone lines, other utilities, etc., along and adjacent to the Work; the Contractor shall use every precaution necessary to prevent damage to pipes, conduits, and other underground structures; and shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. The street and highway signs and markers that are to be affected by the Work shall be carefully removed when the Work begins and stored in a manner to keep them clean and dry. The Contractor must obtain all necessary information in regard to existing utilities and shall give notice in writing to the owners or the proper authorities in charge of streets, gas, water, pipes, electric, sewers and other underground structures, including conduits, railways, poles and pole lines, manholes, catch basins, fixtures, appurtenances, and all other property that may be affected by the Contractor's operations, at least forty-eight (48) hours before its operations will affect such property. The Contractor shall not hinder or interfere with any person in the protection of such Work or with the operation of utilities at any time. When property, the operation of railways, or other public utilities are endangered, the Contractor shall at its own expense, maintain flagmen or watchmen and any other necessary precautions to avoid interruption of service or damage to life or property, and it shall promptly repair, restore, or make good any injury or damage caused by its negligent operations in an acceptable manner. The Contractor must also obtain all necessary information in regard to the installation of new cables, conduits, and transformers, and make proper provisions and give proper notifications, in order that same can be installed at the proper time without delay to the Contractor or unnecessary inconvenience to the Owner.

19.02	The Contractor shall not remove, cut or destroy trees, shrubs, plants, or grass that are to remain in the streets or those which are privately owned, without the proper authority. Unless otherwise provided in the Special Provisions or the Proposal, the Contractor shall replace and replant all plants, shrubs, grass and restore the grounds back to its original good condition to the satisfaction of the Owner and/or the property owner. The Contractor shall assume the responsibility of replanting and guarantees that plants, shrubs, grass will be watered, fertilized and cultivated until they are in a growing condition. No direct payment will be made for removing and replanting of trees, shrubs, plants or grass unless such items are set forth in the Proposal.

19.03	When or where direct damage or injury is done to public or private property by or on account of any negligent act, omission, neglect or otherwise of the Contractor, it shall make good such damage or injury in an acceptable manner.

20.00	CONTRACTORS RESPONSIBILITY FOR WORK

20.01	Until final acceptance of the Work by the Owner as evidence by approval of the final estimate, the Work shall be in the custody and under the charge and care of the Contractor and it shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from the non-execution of the Work; unless otherwise provided for elsewhere in the Specifications or Contract. The Contractor shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the Contractor shall be responsible for all materials and shall properly and securely store same, and if necessary, shall provide suitable shelter from damage and shall erect temporary structures where necessary. If in the exclusive discretion of the Owner, any Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of its Subcontractors to so protect the Work, such materials shall be removed and replaced at the sole expense of the Contractor. Such amount shall be deducted from any sum due or to be due Contractor.

20.02	The Contractor shall give all notice and comply with all Federal, State and local laws, ordinances and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as exist, or may be enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order or decree, whether by itself, its employees or Subcontractors.

21.00	TESTS AND INSPECTIONS CORRECTION & REMOVAL OF DEFECTIVE WORK

21.01	Contractor warrants and guarantees to Owner that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents. All unsatisfactory Work, all faulty or Defective Work and all Work not conforming to the requirements of the Contract Documents at the time of acceptance shall be considered Defective. Prompt and reasonable notice of all defects shall be given to the Contractor.

21.02	If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by some public body, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Owner the required certificates of inspection, testing or approval. All other inspections, tests and approval required by the Contract Documents shall be performed by organizations acceptable to Owner and Contractor and the costs thereof shall be borne by the Contractor unless otherwise specified.

21.03	Contractor shall give Owner timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of Owner, it must, if requested by Owner, be uncovered for observation, and such uncovering shall be at Contractor's expense unless Contractor has given Owner timely notice of its intention to cover such Work and Owner has not acted with reasonable promptness in response to such notice.

21.04	Neither observations by Owner nor inspections, tests or approvals shall relieve Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Document.

21.05	Owner and its representatives will at reasonable times have access to the Work. Contractor shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

21.06	If any Work is covered contrary to the written request of Owner, it must, be uncovered for Owner's observation and replaced at Contractor's expense. If any Work has been covered which Owner has not specifically requested to observe prior to its being covered, or if Owner considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at Owner's request, shall uncover, expose or otherwise make available for observations, inspections or testing as Owner may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be Defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction.

21.07	If the Work is Defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if the Contractor fails to make prompt payments to Subcontractors or for labor, materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof, until the cause of such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party.

21.08	Prior to approval of final payment, Contractor shall promptly, without cost to Owner and as specified by Owner, either correct any Defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not correct such Defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from Owner, Owner may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement including compensation for additional professional services shall be paid by Contractor, and an appropriate deductive Change Order shall be issued. Contractor shall also bear the expense of making good all Work of others destroyed or damaged by its correction, removal or replacement of its Defective Work.

21.09	If, after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such Defective Work or if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, Owner may have the Defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The Contractor agrees to pay a reasonable attorney fee and other reasonable attendant costs of the Owner in the event it becomes necessary for the Owner to employ an attorney to enforce this section or to protect itself against suit over the Contractor's responsibilities. Attorney fees shall be at the prevailing hourly rate of the private sector. The attorney fee hourly rate shall not be less than $100.00 per hour. All attorney fees collected shall be paid to the operating budget of the Office of the Parish President.

21.10	If, instead of requiring correction or removal and replacement of Defective Work, Owner (and prior to approval of final payment) prefers to accept it, the Owner may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price, or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by Contractor to Owner.

21.11	If Contractor should fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, Owner, after seven (7) days written notice to Contractor, may, without prejudice to any other remedy Owner may have, make good such deficiencies and the cost thereof including compensation for additional professional services shall be charged against Contractor. In such cases, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to Owner.

21.12	The Owner may appoint assistants to make periodic visits to the site and observe the progress and quality of the executed Work. These assistants shall be governed by the same restrictions placed on the Owner by these Specifications. The governing body of the Federal, State or local government exercising authority in the area of the Work may appoint representatives to observe the progress and quality of the Work. Contractor shall cooperate with and assist these representatives in the performance of their duties.

21.13	The Contractor shall be responsible for the faithful execution of its Contract and the presence or absence of the Owner's or Government's Representative is in no way or manner to be presumed or assumed to relieve in any degree the responsibility or obligation of the Contractor.

21.14	The Contractor shall notify the Owner and the Governmental Agency having jurisdiction as to the exact time at which it is proposed to begin Work so the Owner may provide for inspection of all materials, foundations, excavations, equipment, etc., and all or any part of the Work and to the preparation or manufacture of materials to be used whether within the limits of the Work or at any other place.

21.15	The Owner or its representatives shall have free access to all parts of the Work and to all places where any part of the materials to be used are procured, manufactured or prepared. The Contractor shall furnish the Owner all information relating to the Work and the material therefor, which may be deemed necessary or pertinent, and with such samples of materials as may be required. The Contractor, at its own expense, shall supply such labor and assistance as may be necessary in the handling of materials for proper inspection or for inspection of any Work done by it.

21.16	No verbal instructions given to the Contractor by the Owner, Project Representative or any of their agents shall change or modify the written Contract. Contractors shall make no claims for additional payments or time based upon verbal instructions.

22.00	SUBSURFACE CONDITIONS

22.01	It is understood and agreed that the Contractor is familiar with the subsurface conditions that will be encountered and its price bid for the Work includes all of the costs involved for Work in these conditions and it is furthermore agreed that it has taken into consideration, prior to its Bid and acceptance by Owner, all of the subsurface conditions normal or unusual that might be encountered in the location of the Work.

22.02	Should the Contractor encounter during the progress of the Work subsurface conditions at the site materially differing from those shown on the Drawings or indicated in the Specifications, the attention of the Owner shall be directed to such conditions before the conditions are disturbed. If the Owner finds that the conditions materially differ from those shown on the Drawings or indicated in the Specifications, it shall at once make such changes in the Drawings or Specifications as it may find necessary, and any increase or decrease in cost or extension of time resulting from such changes shall be adjusted in the same manner as provided for changes for extra Work. The Contractor shall submit breakdowns of all costs in a manner as instructed and approved by the Owner.

23.00	REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS

23.01	Bidder shall thoroughly examine the site of the Work and shall include in its Bid the cost of removing all structures and obstructions in the way of the Work.

23.02	The Contractor shall remove any existing structures or part of structures, fence, building or other encumbrances or obstructions that interfere in any way with the new constructions. Compensations for the removal of any structure shall be made only if the item(s) to be removed were listed as pay item(s) on the Proposal.

23.03	If called for the Special Conditions, all privately and publicly owned materials and structures removed shall be salvaged without damage and shall be piled neatly and in an acceptable manner upon the premises if it belongs to an abutting property owner, otherwise at accessible points along the improvements. Materials in structures which is the property of the Owner or property of any public body, private body or individual which is fit for use elsewhere, shall remain property of the original Owner. It shall be carefully removed without damage, in sections which may be readily transported; same shall be stored on or beyond the right of way. The Contractor will be held responsible for the care and preservation for a period of ten (10) days following the day the last or final portion of the materials stored at a particular location are placed thereon. When privately owned materials are stored beyond the right of way, the Contractor will be held responsible for such care and preservation for a period of ten (10) days responsibility period for care and preservation of the materials begins. The Contractor must furnish the Owner with evidence satisfactory that the proper owner of the materials has been duly notified by the Contractor that the said owner must assume responsibility for its materials on the date following the Contractor's ten (10) day responsibility.

24.00	INSURANCE

24.01	The Contractor shall not commence Work under this Contract until it has obtained all insurance required by these Specifications. This must be evidenced by the Contractor furnishing the Owner with a current and annual renewal certificate of insurance which shall provide that the original policy shall not be canceled without thirty (30) days prior to written notice to Owner. There will be a thirty (30) day notice given to the Owner by Contractor of any alterations or changes contemplated in any of the policies required by those Specifications. The same insurance requirements also apply to all Subcontractors. All insurance must be in companies acceptable to the Owner. The insurance supplied under this specification shall name the Parish of St. Tammany and/or St. Tammany Parish Department of Public Works and shall be written by company which has Best rating equal to or in excess of "A Class VIII". The Contractor shall not permit any Subcontractor to commence Work on this Project until the same insurance requirements have been complied with by each Subcontractor.

24.02	If the Contractor fails to furnish the Owner with the insurance protection required by Section 24.00 et seq. and begins Work without first furnishing a currently dated certificate of insurance, the Owner has the right to obtain the insurance protection required and deduct the cost of this insurance from the first payment due to the Contractor. Further deductions are permitted from future payments as are needed to protect the interests of the Owner, including but not limited to renewals of all policies.

24.03	OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered and collectible under the policies of insurance provided in accordance with these specifications and any other property insurance applicable to the WORK.

Hold Harmless Agreement shall be acknowledged and agreed to by contractor and insurer: The Contractor shall defend, indemnify, and save harmless the Parish of St. Tammany, all its employees, officers, and members, against all claims, demands, suits, and judgments, made, as well as the costs, attorney fees, legal interest and any and all other expenses associated therewith, resulting from or by reason or arising out of any contract, or contractual relationship between the contractor while engaged upon or in connection with the services required or performed by the Contractor under the terms of this agreement.

24.04	The types of insurance the Contractor is required to obtain and maintain for the full period of the Contract will be Workmen's Compensation Insurance, Comprehensive Automobile Liability Insurance, Comprehensive General Liability Insurance and Owner's Protective Liability. Should the Contract Work to be done involve exposures under the U.S. Longshoremen and Harbor Workers Act, then insurance coverage for this Work shall be included in the insurance required to be furnished by the Contractor. If any of the Contractor's or Subcontractor's employees on this Project be subject to Maritime Laws, then insurance coverage for this Work shall be included in the insurance required to be furnished by the Contractor in the minimum limits of $250,000 for each employee and a minimum limit of $500,000 to more than one employee.

24.05	Worker's Compensation Insurance: The Contractor shall provide and maintain during the life of this Contract, insurance for all its employees including Proprietor/Partners/Executive Officers in any way engaged in the Project. If any Subcontractor does not carry Worker's Compensation Insurance, such coverage must be included under the Contractor's policy. The policy shall provide coverage at least equal to the requirement of laws and regulations of the State of Louisiana and shall include Employer's Liability Coverage - Section B, coverage in an amount of not less than $100,000.00 each accident, $500,000 disease aggregate, $100,000 disease each employee to cover all employees not covered under the State Worker's Compensation Act.

24.06	Comprehensive Automobile Liability Insurance: The Contractor shall take out and maintain during the life of the Contract insurance to protect the Owner, Contractor and Subcontractors performing Work under this Contract from claims arising from any operations or Work in connection with this Contract. The Comprehensive Automobile Liability coverage is to be on an occurrence basis, and is to include coverage for owned, hired, leased and non-owned vehicles, with minimum limits as follows: $1,000,000 each occurrence.

24.07	Comprehensive General Liability Insurance: The Contractor shall provide and maintain for the period of this Contract insurance to protect the Owner, Contractor and Subcontractor performing Work in connection with this Contract from claims arising from any operation or Work relating to or being a part of this Contract. This coverage will provide for Bodily Injury and Property Damage Premises/Operations, Products/Completed Operations and shall include all damage for the limits indicated. The Bodily Injury portion will include coverage for injury, sickness, disease and death arising directly or indirectly out of, or in connection with, the performance of the Work under this Contract. The policy will provide for a limit of not less than $1,000,000 for all damages arising directly or indirectly out of or in connection with the performance of work under this contract in any one occurrence including explosion, collapse and underground exposure, Personal and Advertising Injury and Products/Completed Operations and a per job general aggregate of $2,000,000 with at least $1,000,000 Products aggregate per job.

24.08	Builders Risk Insurance shall be required on buildings, sewage treatment plants and drainage pumping stations covering Special Form (All Risk). Insurance shall be carried on a complete value of reporting form for not less than 100% of the value of the Work including foundations. In addition, installation floater insurance, on any "All Risk" form, will be carried on all pumps, motor, machinery and equipment on the site or installed and shall terminate only when the Project has been accepted. The Builder's Risk and installation floater insurance shall include the name of the Owner.

24.09	In the event it becomes necessary for the Owner or any of its officers or employees to employ an attorney to enforce this section of the Specifications or to protect themselves against suit or to force defense against any suit brought against them under which defense is due them by the insurer of these policies or by the Contractor, then the Contractor agrees to repay the Owner, or any of its officers or employees, reasonable attorney fees and other reasonable attendant costs incurred. The Contractor agrees to pay a reasonable attorney fee and other reasonable attendant costs of the Owner in the event it becomes necessary for the Owner to employ an attorney to enforce this section or to protect itself against suit over the Contractor's responsibilities. Attorney fees shall be at the prevailing hourly rate of the private sector. The attorney fee hourly rate shall not be less than $100.00 per hour. All attorney fees collected shall be paid to the operating budget of the Office of the Parish President.

24.10	Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's Responsibility for payment of damages resulting from its operations under this Contract.

25.00	OWNER'S RIGHT TO OCCUPANCY

25.01	The Owner shall have the right to use, at any time, any and all portions of the Work that have reached such a stage of completion as to permit such occupancy, provided such occupancy does not hamper the Contractor or prevent its efficient completion of the Contract or be construed as constituting an acceptance of any part of the Work.

25.02	The Owner shall have the right to start the construction of houses, structures or any other building concurrent with the Contractor's Work.

26.00	SURVEY HORIZONTAL AND VERTICAL CONTROL

26.01	The Owner shall provide surveys for construction to establish reference points which in its judgment are necessary to enable Contractor to layout and proceed with its Work. Contractor shall be responsible for surveying and laying out the Work and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Owner. Contractor shall report to Owner whenever any reference point is lost or destroyed and the Owner shall decide if the reference point shall be replaced by its or the Contractor's forces.

26.02	The Contractor shall establish lines and grades with its own forces in sufficient number and location for the proper execution of the Work.

26.03	If the Contractor, during the construction, damages the established property corners and/or other markers and thereafter requests the Owner to re-stake same in order to complete the project, this expense will be borne solely by the Contractor.

27.00	TERMINATION OF THE CONTRACT, OWNER'S AND CONTRACTORS RIGHT TO STOP WORK.

27.01	If the Contractor should be adjudged bankrupt(voluntarily or involuntarily) or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it should persistently or repeatedly refuse or should fail (except in cases for which extension of time is provided) to supply enough properly skilled workmen or proper materials, or if it should fail to make prompt payment to Subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon the certificate of the Owner that, in its unilateral discretion and judgment, believes sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor ten (10) day written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the Work by whatever method the Owner may deem expedient.

27.02	Failure of the Contractor to start the Work within the time limit specified herein or substantial evidence that the progress being made by the Contractor is sufficient to complete the Work within the specified time shall be grounds for termination of the Contract by the Owner.

27.03	Before the Contract is terminated, the Contractor and its surety will first be notified in writing by the Owner of the conditions which make termination of the Contract imminent. When after ten (10) days notice is given and if satisfactory effort has not been made by the Contractor or its surety to correct the conditions, the Owner may declare, in its exclusive discretion, that the Contract is terminated and so notify the Contractor and its surety accordingly.

27.04	Upon receipt of notice from the Owner that the Contract has been terminated, the Contractor shall immediately discontinue all operations. The Owner may then proceed with the Work in any lawful manner that it may elect until Work is finally completed.

27.05	The exclusive right is reserved to the Owner to take possession of any machinery, implements, tools or materials of any description that shall be found upon the Work, to account for said equipment and materials, and to use same to complete the Project. When the Work is finally completed, the total cost of same will be computed. If the total cost is less than the Contract price, the difference will not be paid to the Contractor or its surety.

27.06	In case of termination, all expenses incident to ascertaining and collecting losses under the Bond, including legal services, shall be assessed against the Bond.

27.07	If the Work should be stopped under any order of any court or public authority for period of sixty (60) days, through no act or fault of the Contractor or anyone employed by it, or if the Owner shall fail to pay the Contractor within a reasonable time any sum certified by the Owner, then the Contractor may, upon ten (10) days written notice to the Owner, stop Work or terminate this Contract and recover from the Owner payment for all Work properly and professionally executed in a workmanlike manner. This loss specifically includes actual cost of materials and equipment, together with all wages inclusive of all federal, state, and local tax obligations. This loss specifically includes reimbursement of all insurances on a pro-rata basis from the date of termination to date of policy period. This loss excludes and specifically does not include recovery by the Contractor for lost profit, indirect & direct expenses, overhead, and the like.

28.00	PAYMENTS TO THE CONTRACTOR

28.01	Monthly certificates for partial payment, in a form approved by the Owner, shall be transmitted to the Owner upon receipt from the Contractor and acceptance by the Owner. These certificates shall be equal to ninety percent (90%) of both the Work performed and materials stored at the site. Partial payment certificates shall include only Work, materials and equipment that are included in official Work order and which meet the requirements of plans, Specifications and Contract Documents. These monthly estimates shall show the amount of the original estimate for each item, the amount due on each item, the gross total, the retained percentage, the amount previously paid and the net amount of payment due.

28.02	After final completion and acceptance by the Owner of the entire Work, the Owner shall issue to the Contractor Certificate of Payment in sum sufficient to increase total payments to ninety percent (90%) of the Contract Price.

28.03	The final payment certificate of the remaining ten percent (10%) of the Contract Price, minus any deduction for deficient or Defective Work or other applicable deductions, will be issued by the Owner forty-five (45) days after filing acceptance in the Mortgage Office of the Parish and a Clear Liens and Privilege Certificate has been secured. Before issuance of the final payment certificate, the Contractor shall deposit with the Owner a certificate from the Clerk of Court and Ex-Officio Recorder of Mortgages from the Parish in which the Work is performed to the effect that no liens have been registered against Contract Work.

28.04	When, in the opinion of the Contractor, the Work provided for and contemplated by the Contract Documents has been substantially completed, the Contractor shall notify the Owner in writing that the Work is substantially complete and request a final inspection. The Owner shall proceed to perform such final inspection accompanied by the Owner. Any and all Work found by this inspection to be Defective or otherwise not in accordance with the plans and Specifications shall be corrected to the entire satisfaction of the Owner and at the sole expense of the Contractor. If the Contract is found to be incomplete in any of its details, the Contractor shall at once remedy such defects, and payments shall be withheld and formal acceptance delayed until such Work has been satisfactorily completed.

28.05	If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored and protected from damage and theft at the site, the Request for Payment shall also be accompanied by such data, satisfactory to the Owner, as will establish Owner's title to the material and equipment and protect its interest therein, including applicable insurance.

28.06	Each subsequent Request for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior Request for Payment.

28.07	Each subsequent request for payment shall include an affidavit by Contractor that Contractor, all subcontractors, agents, material suppliers and all other persons supplying material to the project upon which State of Louisiana and/or St. Tammany sales taxes are lawfully due have paid these taxes and that all supplies and materials purchased for this project and for which Contractor has been paid have had all lawfully due State and/or St. Tammany sales taxes paid.

28.08	The Bid Proposal, unless otherwise modified in writing, and the Contract constitutes the complete Project. The Contract prices constitute the total compensation payable to Contractor and the cost of all of the Work and materials, taxes, permits and incidentals must be included into the Bid submitted by the Contractor and included into those items listed on the Proposal.

28.09	Any additional supporting data required by the Owner in order to substantiate Contractor's request for payment shall be furnished by Contractor at no cost to the Owner.

28.10	Owner may withhold from payment to Contractor as may be necessary to protect itself from loss on account of:

(1)	Defective and/or inferior work.

(2)	Damage to the property of Owner or others caused by Contractor.

(3)	Failure by Contractor to make payments properly to sub-contractors or to pay for labor, materials or equipment used on this project.

(4)	Failure by Contractor to pay taxes due on materials used on this project.

(5)	Damage by Contractor to another Contractor.

(6)	Insolvency

(7)	Bankruptcy, voluntary or involuntary

(8)	Revocation of corporate status

(9)	Failure to follow corporate formalities

(10)	Unprofessional activities

(11)	Unworkmanlike performance

(12)	Fraud and/or misrepresentation of any kind

29.00	ACCEPTANCE AND FINAL PAYMENT(S)

29.01	Upon receipt of written notice from Contractor that the work is substantially complete and usable by Owner or the Pubic in suitable manner, the Owner and the Contractor shall jointly inspect the work.

29.02	If the Owner by inspection determines that the work is not substantially complete in a suitable manner for use by the Owner or the Public, then it shall so notify the Contractor and the Owner in writing stating such reason. All reasons need not be disclosed unless actually known. The Owner is afforded an opportunity to amend said notices as are reasonably possible.

29.03	If the Owner by its inspection determines that the work is substantially complete, it shall prepare a list of all items not satisfactorily completed and shall notify the Contractor and Owner in writing that the work is substantially complete and subject to satisfactory resolution of those items on the list (punch list). Punch lists may be amended from time to time by Owner in the event that additional deficiencies are discovered.

29.04	Upon determination of substantial completeness with the punch list, the contract time is interrupted and the Contractor is given a reasonable time not to exceed thirty (30) consecutive calendar days to effect final completion by correcting or completing all of those items listed on the punch list. If the items on the punch list are not completed in a satisfactory manner within the thirty day period, then the contract time will begin to run again and will include for purposes of determining liquidated damages the thirty day period the grace period being withdrawn.

29.05	Upon receipt by Owner of written determination that all work embraced by the contract has been completed in a satisfactory manner, the Owner shall provide a written acceptance to Contractor who shall record Owner's written acceptance with the recorder of Mortgages, St. Tammany Parish. The Contractor shall properly prepare, submit and pay for all costs associated with said Acceptance. The Contractor is also responsible for preparation, re-submission and payment of any and all updated certificates.

29.06	Retainage monies, minus those funds deducted in accordance to the requirements of this agreement including but not limited to Paragraph 28.10, shall be due Contractor not earlier than forty-six (46) days after recordation of certificate of Owner's acceptance provided the following:

(1)	Contractor shall prepare, secure, pay for and submit clear lien and privilege certificate, signed and sealed by Clerk of Court or Recorder of Mortgages, Parish of St. Tammany and dated at least forty-six (46) days after recordation of certificate of acceptance.

(2)	Ensure that the official representative of the Owner has accepted as per La. R.S. 38:2241.1 et seq. And that all following sub-sections have been properly satisfied as per law.

(3)	Ensure that all signatures are affixed and that there exists the requisite authority for all signatures.

(4)	Ensure accurate and proper legal descriptions

(5)	Properly identify all parties and/or signatories

(6)	Properly identify all mailing addresses.

(7)	Correctly set for the amount of the contract, together with all change orders.

(8)	Set out a brief description of the work performed

(9)	Reference to any previously recorded contract, lien or judgment inscription that may affect the property.

(10)	Certification that substantial completion has occurred, together with any applicable date(s).

(11)	Certification that no party is in default and/or that the project has been abandoned.

29.07	After securing the clear lien and privilege certificate the Contractor shall prepare final application for payment and submit to Owner. The Owner shall approve or state its objections in writing and forward to Owner for payment.

30.00	NOTICE AND SERVICE THEREOF

30.01	Any notice to the Contractor from the Owner relative to any part of this Contract shall be in writing and shall be considered delivered and the service thereof completed when said notice is posted; by registered mail to the said Contractor at its last given address, or delivered in person to said Contractor or its authorized representative on the Work.

31.00	INTENTION OF THESE GENERAL CONDITIONS

31.01	These General Conditions shall be applicable to all contracts entered into by and between the Owner and Contractors for public improvements, except as may be altered or amended with the consent of the representative of Owner, and provided for in the Special Conditions of each contract. Contractor shall be presumed to have full knowledge of these General Conditions which shall be applicable to all contracts herein and attached whether it has obtained a copy thereof or not.

32.00	SEVERABILITY

32.01	If any one or more or part of any of the provisions contained herein and/or in the Specifications and Contract for the Work shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement or attachment, but it shall be construed as if such invalid, illegal, or unenforceable provision or part of a provision had never been contained herein.

32.02	CHANGING THESE CONDITIONS: Only upon the recommendation of the Owner or Owner's engineer, architect (and subject to the approval of the Owner) and the Contractor can these GENERAL CONDITIONS be changed or modified.

33.00	LAW OF THE STATE OF LOUISIANA

33.01	The Contract Documents shall be governed by the Law of the State of Louisiana.

33.02	The Contractor agrees to pay reasonable attorney's fees and other reasonable attendant costs, in the event that it becomes necessary for the Owner to employ an attorney in order to enforce compliance with or any remedy relating to any covenants, obligations, or conditions imposed upon the Contractor by this Agreement. Attorney fees shall be based upon the prevailing hourly rate of attorney rates in the private sector. In no case shall the hourly rate be less than $100.00 per hour. All attorney fees collected shall be paid the operating budget of the Office of the Parish President.

33.03	The 22nd Judicial District for the Parish of St. Tammany shall be the court of original jurisdiction of any litigation originated under this contract.

33:04 Contractor warrants that it has and/or had received a copy of these General Conditions at all times material hereto; Contractor further agrees that it has read and fully & completely understands each and every condition herein.

33.05	The property description is more fully set out by the attached exhibit.

33:06 The Contractor warrants that it has the requisite authority to sign and enter this agreement.

33:07	It is specifically understood and agreed that in the event Contractor seeks contribution

from the Parish or pursues its legal remedies for any alleged breach of this agreement by

the Parish, then the following list of damages SHALL NOT BE RECOVERABLE BY

CONTRACTOR. This list includes but is not limited to:

-indirect costs and/or expenses

-direct costs and/or expenses

-time-related costs and/or expenses

-award of extra days

-costs of salaries or other compensation of Contractor's personnel at Contractor's

principal office and branch offices

-expenses of Contractor's principal, branch and/or field offices

-any part of Contractor's capital expenses, including any interest on Contractor's

capital employed for the work

-any other charges related to change orders

-overhead and general expenses of any kind or the cost of any item not

specifically and expressly included in Cost of Work

33:08	DEFAULT AND WAIVERS

It is understood that time is of the essence. It is specifically understood between the

parties that Contractor waives any and all notice to be placed in default by the Owner. This

subsection shall supercede and prime any other subsection hereinabove that is in conflict.

The Owner specifically reserves its right and specifically does not waive the requirement to be placed in default by the Contractor as per law..