public notice - Lafourche Parish Government

Transcription

PUBLIC NOTICE
LAFOURCHE
PARISH
COUNCIL
GOVERNING AUTHORITY
MEETING NOTICE AND AGENDA
AGENDA FOR MEETING TO BE HELD:
Tuesday, January 28, 2014
PLACE:
Mathews Government Complex, 4876 Highway 1,
Mathews, Louisiana 70394
TIME:
5:00 P.M.
CALL TO ORDER: Mr. Daniel Lorraine, Chairman
ROLL CALL:
Mr. Jerry Jones
Mr. Michael Delatte
Mr. Aaron Caillouet
Mr. Joseph “Joe” Fertitta
Mr. John Arnold
Mr. Lindel Toups
Mr. Phillip Gouaux
Mr. Jerry LaFont, Vice-Chairman
Mr. Daniel Lorraine, Chairman
Ms. Charlotte Randolph, Parish President
INVOCATION:
Mr. Joe Fertitta
PLEDGE OF ALLEGIANCE:
Mr. Jerry Jones
*****
NOTICE TO THE PUBLIC: If you wish to address the Council, please complete the “Public Wishing to Address
the Council” form located at the back of the meeting room and return it to the Council Chairman or Council Clerk
prior to the beginning of the meeting.
In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the Lafourche
Parish Council Clerk’s Office at (985) 446-8427 describing the assistance that is necessary.
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JANUARY 28, 2014
REGULAR SESSION
A. MINUTES:
1.
Motion to accept the minutes of the January 14, 2014 Regular
Session.
B. PRESENTATIONS AND/OR UPDATES:
2.
Mr. John “Jack” Culhane, Chairman of the Bayou Blue Fire
Protection District of the Parishes of Terrebonne and Lafourche, to
present an annual report.
3.
Mr. Robert Landry, Director of the Lafourche Parish Recreation
District No. 8, to present an annual report.
4.
Mr. Harris Griffin, Chairman of the Lafourche Parish Fire District
No. 9, to present an annual report.
C. ADMINISTRATIVE REPORT(S) AND/OR UPDATES:
D. PARISH PRESIDENT, DEPARTMENT
MANAGERS REPORTS:
HEADS,
DIRECTORS
OR
E. QUESTIONS FOR THE ADMINISTRATION:
F.
COUNCIL REPORTS, UPDATES AND/OR QUESTIONS:
5.
Update from Ms. Charlene Rodriguez, Director of Council on
Aging, on how much money was collected and how much money was
spent in last year’s budget for Council on Aging.
(REQUEST MADE AT THE 1-14-14 LPC MEETING)
(D. LORRAINE)
G. LEGISLATIVE INTERNAL AUDITOR REPORT(S) AND/OR UPDATES:
6.
Dr. Tommy Lasseigne, Legislative Internal Auditor, to present a report.
H. ENGINEERS/ARCHITECTS REPORTS:
I.
LEGAL ADVISOR REPORT:
J.
PUBLISH WISHING TO ADDRESS THE COUNCIL:
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REGULAR SESSION
2
K. ORDINANCES FOR DISCUSSION AND RATIFICATION:
L. PUBLIC HEARING AND ORDINANCES FOR RATIFICATION:
Motion by
hearing.
, seconded by
, to open the public
7.
ORDINANCE establishing a “No Parking Fire Lane” on both sides
of East 179th Street by Avenue D only, Golden Meadow, Louisiana;
Ward (10), District (9), Parish of Lafourche, State of Louisiana;
installing the necessary “No Parking Fire Lane” signs; and providing
penalties for the violations thereof. (D. LORRAINE)
8.
ORDINANCE establishing “Light Traffic Only” on West 171st
Street, Galliano, Louisiana; Ward (10), District (9), Parish of
Lafourche, State of Louisiana; requiring the placement of “Light
Traffic Only” signs; and providing penalties for the violations thereof.
(D. LORRAINE)
Motion by
hearing.
seconded by
to close the public
M. PROPOSED ORDINANCES:
9.
PROPOSED ORDINANCE amending Ordinance No. 5345 that
approved a servitude agreement between Lafourche Parish
Government and South Lafourche Levee District to operate and
maintain a construction and maintenance servitude for the construction
of a levee from Latitude 29º34'06.47 29º34'06.46" N, Longitude
90º22'59.93 90º22'59.91" W, extending two hundred feet (200') south to
Latitude 29º34'04.76 29º34'06.83" N, Longitude 90º23'00.58
90º22'53.88" W and authorizing the Parish President to sign, execute
and administer said agreement and any and all relevant documents.
(J. LAFONT FOR ADMINISTRATION)
10.
PROPOSED ORDINANCE increasing salaries with a two (2) percent
COLA to be awarded at date designated but prior to December 31,
2014 by Parish President and up to a maximum of two (2) percent
merit increase to be awarded at the employee’s anniversary date and
beginning January 1, 2014, for classified and unclassified staff
determined by the evaluation ratings and to amend Ordinance No.
5395 as it pertains to fixing the salaries of unclassified employees as
provided for by Article V of the Lafourche Parish Home Rule Charter.
(L. TOUPS FOR ADMINISTRATION)
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11.
PROPOSED ORDINANCE approving a lease agreement between
Lafourche Parish Government and Bollinger Shipyards Lockport,
LLC for a boat model of a 207' Offshore Supply Vessel titled M/V
Ms. Sara Jane and authorizing the Parish President to sign, execute and
administer said lease agreement and any and all relevant documents.
12.
PROPOSED ORDINANCE amending Chapter 2, Article II, Section
2-36 of the Lafourche Parish Code of Ordinances to change the
polling location for Ward 5-Precinct 1, Ward 5-Precinct 1A and
Ward 5-Precinct 1B (The Opportunity Place-North Campus to St.
John Catholic Church Hall), to further establish the effective date of
same and authorizing the Parish President to sign, execute and
administer any and all relevant documents.
(M. DELATTE FOR ADMINISTRATION)
13.
PROPOSED ORDINANCE amending Ordinance No. 5018 and
approving Amendment No. 1 to the lease agreement between St.
John Catholic Church Hall (Owner/Lessor) and Lafourche Parish
Government (Parish) deleting Ward 1-Precinct 1A and adding
Ward 5-Precinct 1, Ward 5-Precinct 1A and Ward 5-Precinct 1B
voters to use the premises located at 2085 St. Mary Street,
Thibodaux, LA 70301 for use as a polling place and authorizing the
Parish President to sign, execute and administer said amendment and
any and all relevant documents. (M. DELATTE FOR ADMINISTRATION)
N. RESOLUTIONS:
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14.
RESOLUTION requesting Coastal Zone Management to provide a
copy to the Council of every gated canal in the Parish and to also
state the location of each of the gates regardless if it was permitted or
not by Coastal Zone. (D. LORRAINE)
15.
RESOLUTION approving Change Order No. One (1) to the project
entitled “Delta Woods Drainage Improvements” which decreases the
construction contract price by $2,284.70 and authorizing the Parish
President to sign, execute and administer said Change Order and any
and all relevant documents. (J. LAFONT FOR ADMINISTRATION)
16.
RESOLUTION approving Supplemental Agreement No. 1 to the
Entity/State Agreement between Louisiana Department of
Transportation and Development (DOTD) and Lafourche Parish
Government (Entity) for road safety improvements (Roadway
Departure Signing) on Choctaw Road in Lafourche Parish, Louisiana
and authorizing the Parish President to sign, execute and administer any
and all relevant documents. (M. DELATTE FOR ADMINISTRATION)
JANUARY 28, 2014
REGULAR SESSION
4
17.
RESOLUTION approving a Cooperative Endeavor Agreement
between Lafourche Parish Government and the South Louisiana
Economic Council (SLEC) for the 2014 membership dues in the
amount of $25,000 and authorizing the Parish President to sign, execute
and administer any and all relevant documents.
(J. ARNOLD FOR ADMINISTRATION)
18.
RESOLUTION approving a lease agreement between Warren J.
Harang, Jr. Municipal Auditorium, herein called “Lessor”, and
Lafourche Parish Government Office of Community Action, herein
called “Lessee”, for quarterly commodity distribution in 2014 and
authorizing the Parish President to sign, execute and administer said
lease agreement and any and all relevant documents.
(A. CAILLOUET FOR ADMINISTRATION)
19.
RESOLUTION approving an amendment to the program offered by
the State of Louisiana Department of Education in order to carry out
the purpose of Section 17 of the National School Act as amended and
the regulations governing the Child and Adult Care Food Program
(CACFP) issued thereunder (7 CFR Part 226) and Section 3 of the
Child Nutrition Act of 1966 as amended and authorizing the Parish
President to sign, execute and administer said amendment and any and
all relevant documents. (D. LORRAINE FOR ADMINISTRATION)
20.
RESOLUTION approving Amendment No. 1 to the contract between
Lafourche Parish Government and ES&H to increase the contract
price due to fluctuations in the Consumer Price Index and
authorizing the Parish President to sign, execute and administer said
amendment and any and all relevant documents.
21.
RESOLUTION approving the Parish President’s appointment of
Renita R. Jackson for the position of Director of Finance for the
Lafourche Parish Government and authorizing the Parish President to
sign, execute and administer any and all relevant documents.
(A. CAILLOUET FOR ADMINISTRATION)
22.
RESOLUTION accepting the low bid from M&H Builders, Inc., in the
amount of One Million Two Hundred Seventy-Seven Thousand
Dollars ($1,277,000.00) for the Raceland Ag Center Improvement
Project, funded under the Hurricanes Gustav/Ike Community
Development Block Grant Parish-Implemented Recovery Program;
and authorizing the Parish President to sign, execute and administer an
agreement and any and all relevant documents.
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23.
RESOLUTION approving an agreement between Lafourche Parish
Government and Duplantis Design Group, PC for engineering
design services for the Lockport Community and Recreation Center
Project and authorizing the Parish President to sign, execute and
administer any and all relevant documents. (L. TOUPS FOR ADMINISTRATION)
O. DISCUSSION:
24.
DISCUSSION regarding the Lockport Lakefield Game Reserve.
(L. TOUPS)
25.
P.
DISCUSSION regarding the Parish trimming trees on private
property. (L. TOUPS)
ADJOURNMENT:
seconded by
, and with no
On motion by
further business, the Lafourche Parish Council meeting of January 28, 2014
adjourned at
.
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REGULAR SESSION
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TUESDAY, JANUARY 14, 2014
MATHEWS, LOUISIANA
STATE OF LOUISIANA
PARISH LAFOURCHE
A REGULAR MEETING OF THE LAFOURCHE PARISH COUNCIL, PARISH OF
LAFOURCHE, STATE OF LOUISIANA, WAS SCHEDULED FOR TUESDAY, JANUARY 14,
2014 AT 5:00 P.M., HELD AT THE MATHEWS GOVERNMENT COMPLEX, 4876 HIGHWAY
1, MATHEWS, LOUISIANA.
The Lafourche Parish Council was duly convened as the Governing Authority of said Parish by
Mr. Lindel Toups, Chairman, who then stated that the Lafourche Parish Council was ready for the
transaction of business at 5:00 p.m.
Proceedings of the meeting were called to order with the following:
PRESENT:
Mr. Jerry Jones
Mr. Aaron Caillouet
Mr. Joseph AJoe@ Fertitta
Mr. John Arnold
ABSENT:
Mr. Phillip Gouaux
Mr. Michael Delatte
Mr. Lindel Toups - Chairman
Mr. Jerry LaFont
Mr. Daniel Lorraine - Vice Chairman
Mrs. Charlotte Randolph, Parish President
Chairman Toups announced that the invocation would be led by Mr. LaFont. The Council then
recited the Pledge of Allegiance led by Mr. Fertitta.
CHAIRMAN=S COMMENTS:
5:06:08 PM Chairman Toups thanked the Council, the Administration and the Parish President
for working with him this year. He said it’s been a rough year but we made good decisions for the Parish
and we are moving it forward. Chairman Toups said he enjoyed being the Chairman and thanked
everybody.
APPOINTMENT OF OFFICERS FOR 2014:
5:06:32 PM The first item (1) on the agenda was for nominations to select a Chairman for the
Lafourche Parish Council for the Fiscal Year 2014. A motion to open nominations was made by Mr.
Jones, seconded by Mr. Arnold. A motion was made by Mr. Jones, seconded by Mr. Fertitta, to appoint
Mr. Lorraine as Chairman and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and
Mr. Gouaux. Chairman Toups then turned the meeting over to the new Chairman, Mr. Lorraine.
Chairman Lorraine the presented Mr. Toups with a plaque for being Chairman in 2013. Mr. Toups
said enjoyed being Chairman and thanked everyone. Chairman Lorraine said this is the third time he
was Chairman and he had been a Councilman for thirty one years. He thought everyone could work
together. Chairman Lorraine said he this is how he would like to see things go. First he thanked the
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Council for having the confidence in him to let him do this. He then said whoever wants to speak will be
allowed to speak but if you cut into somebody who is speaking you may not get to speak. Chairman
Lorraine asked for a little courtesy and to respect one another. He said he would let the Council Clerk
read the ordinances and he would to the motion and seconds. The vice chair will read the proposed
ordinances and I’m going to read the resolutions and discussions. Chairman Lorraine said we will
time the Public Wishing to Address and if they keep repeating themselves he will shut them down. He
also stated if a Councilman ask a question of the Administration and they say they will get an answer, we
are putting it on the next agenda to get that answer. If that Councilman is satisfied with the answer and
doesn’t want to discuss it we are not going any further but if he’s not it will be brought up on the agenda.
5:08:16 PM The next item (2) on the agenda was for nominations to select a Vice-Chair for the
Lafourche Parish Council for the Fiscal Year 2014. A motion was made by Mr. Toups and seconded by
Mr. LaFont to open nominations and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte
and Mr. Gouaux. A motion was made by Mr. Toups to nominate Mr. Caillouet and was seconded by Mr.
Fertitta. A motion was made by Mr. Arnold, seconded by Mr. Fertitta, to appoint Mr. LaFont as ViceChair. A motion was made by Mr. LaFont, seconded by Mr. Fertitta to nominate Mr. Arnold. A motion
was made by Mr. Toups to close the nominations and seconded by Mr. Fertitta and carried by a vote of
(7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux. A vote was taken on Mr. Caillouet and
failed by a vote of (4) yeas, (3) nays – Mr. Lorraine, Mr. LaFont and Mr. Arnold and (2) absent – Mr.
Delatte and Mr. Gouaux. A vote was taken on Mr. LaFont and carried by a vote of (5) yeas (2) nays –
Mr. Caillouet and Mr. Toups and (2) absent – Mr. Delatte and Mr. Gouaux. Mr. Arnold was not voted
on after Mr. LaFont was voted in.
APPROVAL OF COUNCIL MINUTES
5:15:03 PM The next item (3) on the agenda was a motion to accept the minutes of the December
10, 2013 Regular Session meeting. A motion was offered by Mr. Fertitta, seconded by Mr. Jones, and
carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
5:15:23 PM The next item (4) on the agenda was a motion to accept the minutes of the December
10, 2013 Special Session meeting. A motion was offered by Mr. Arnold, seconded by Mr. Toups, and
PRESENTATIONS
5:15:45 PM The next item (5) on the agenda was a presentation by Ms. Charlene Rodriguez,
Director of Lafourche Parish Council on Aging, to present an annual report.
Ms. Charlene Rodriguez, P.O. Box 500 Raceland, LA, said they did meet their quota for last year
over 100% of a lot of their services. Some of them were under but their quota is at least 90%. She spoke
of the Medicare Part D plan. She then answered questions for the Councilmen. See exhibit “A”
ADMINISTRATIVE REPORT(S) AND/OR UPDATE(S)
There were no reports presented.
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ADMINISTRATIVE REPORT(S)
The next item on the agenda was of any Administrative reports:
a.) PARISH PRESIDENT – There was no report presented.
b.) DEPARTMENT HEADS, DIRECTORS, MANAGERS – There were no reports presented.
QUESTIONS FOR THE ADMINISTRATION
5:18:48 PM The next item on the agenda was of any questions for the Administration.
Mr. Toups asked the Administration to check into a law passed that a Camp Owner cannot be on
the Lakefield Game Reserve Board and see if we can change this.
LEGISLATIVE INTERNAL AUDITOR REPORT(S) AND/OR UPDATES
The next item on the agenda was Dr. Tommy Lasseigne, Legislative Internal Auditor, to present
any reports and/or updates.
There was no report presented.
ENGINEERS AND ARCHITECT REPORT(S)
5:20:36 PM The next item on the agenda was a presentation of planned, presently on going,
recently completed or other projects by appropriate engineering firms engaged by the Parish.
Mr. Edmund Cheramie, Cheramie Bruce Architects, P.O. Box 1349, Larose, LA gave an update
on the Head Start Project.
Mr. Joseph Fornet, T. Baker Smith, 1100 South Acadia Dr., Thibodaux, LA, gave a report on the
following: The Company Canal Pump Station Phase I and Phase II, 2013 District A Road Improvements,
Lockport Company Canal Levee Lift Phase II, Westside Drainage Improvements, Country Club Blvd to
Edgewood Dr. Culvert Project.
Mr. Benny Roussell, Professional Engineering and Environmental Consultants, 1065 Muller
Parkway, Westwego, LA, gave a report on District 1 of 12 and District 2 of 12. Mr. Moe Salgh, 1065
Muller Parkway, Westwego, LA, engineer, spoke in response to a question by Mr. Arnold.
Mr. John Plaisance, J. Wayne Plaisance, 131 E 91st St., Galliano, LA, spoke on the Recreation
Repairs in Golden Meadow and Larose due to Hurricane Isaac, Pre-Isaac repairs to the Larose Park,
Golden Meadow basketball pavilion and Drainage Improvements on W111th and E86th Streets.
LEGAL ADVISOR REPORT AND/OR OPINIONS
The next item on the agenda was to relinquish time to the Lafourche Parish Legal Advisor. No
one requested to speak.
PUBLIC WISHING TO ADDRESS THE COUNCIL
5:29:30 PM The next item on the agenda was the Public Wishing to Address the Council.
There was no one requesting to speak.
Next, a motion was offered by Mr. Fertitta, seconded by Mr. Toups, to open the Public Hearing,
and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
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PUBLIC HEARING AND ORDINANCES FOR RATIFICATION
5:29:54 PM The next item (6) on the agenda was an ordinance establishing the 2014 salaries of the
Council Clerk, Legislative Internal Auditor and Legislative Internal Auditor Clerk and
establishing procedure for inclusion in the annual proposed Operating, Maintenance and Capital
Budgets.
A motion was offered by Mr. Arnold and seconded by Mr. LaFont. Chairman Lorraine asked three times
if anyone from the public wanted to speak on the proposed ordinance. Hearing none, Chairman Lorraine
called for a vote, which carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr.
Gouaux.
ORD. NO. 5411
2014 SALARIES OF COUNCIL CLERK, LEG. INT. AUDITOR AND
LEG. INT. AUDITOR CLERK
5:30:33 PM The next item (7) on the agenda was an ordinance approving an amendment to the
existing contract (Ordinance No. 4683) between Lafourche Parish and SWDI, LLC amending the
number of producer units from 30,800 producer units to 33,305 producer units and authorizing the
Parish President to sign, execute and administer said amendment and any and all relevant documents.
A motion was offered by Mr. Fertitta and seconded by Mr. LaFont. An amendment was made by Mr.
Fertitta, to include (d/b/a Progressive Waste Solutions) throughout the ordinance and First Amendment
Agreement, seconded by Mr. LaFont, and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr.
Delatte and Mr. Gouaux.
Chairman Lorraine asked three times if anyone from the public wanted to speak on the proposed
ordinance. Hearing none, Chairman Lorraine called for a vote and the amended ordinance then carried
by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
ORD. NO. 5412
AMENDMENT TO CONTRACT WITH SWDI
5:32:48 PM The next item (8) on the agenda was an ordinance approving a lease agreement
between Lafourche Parish Government and Energy Realty Investment Company, LLC., for a boat
launch facility and authorizing the Parish President to sign, execute and administer said lease agreement
and any and all relevant documents.
A motion was offered by Mr. Jones and seconded by Mr. Arnold. Chairman Lorraine asked three times
if anyone from the public wanted to speak on the proposed ordinance. Hearing none, Chairman Lorraine
called for a vote, which carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr.
Gouaux.
ORD. NO. 5413
LEASE AGREEMENT WITH ENERGY REALTY INVESTMENT
Next, a motion was offered by Mr. Fertitta, seconded by Mr. Toups, to close the Public Hearing,
and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
Chairman Lorraine relinquished the meeting to the Vice-Chairman, Mr. LaFont.
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PROPOSED ORDINANCES
5:34:02 PM The next item (9) on the agenda was a proposed ordinance establishing a ANo Parking
Fire Lane@ on both sides of East 179th Street by Avenue D only, Golden Meadow, Louisiana; Ward
(10), District (9), Parish of Lafourche, State of Louisiana; installing the necessary ANo Parking Fire
Lane@ signs; and providing penalties for the violations thereof.
A motion was offered by Mr. Lorraine to introduce the above stated proposed ordinance.
5:34:25 PM The next item (10) on the agenda was a proposed ordinance establishing ALight
Traffic Only@ on West 171st Street, Galliano, Louisiana; Ward (10), District (9), Parish of Lafourche,
State of Louisiana; requiring the placement of ALight Traffic Only@ signs; and providing penalties for
the violations thereof.
A motion was offered by Mr. Lorraine to introduce the above stated proposed ordinance.
5:34:42 PM The next item (11) on the agenda was a proposed ordinance amending Ordinance
3480 as it pertains to establishing a declaration of public policy whereby the Lafourche Parish Council
confirms the authority of the Lafourche Parish President, the Parish Administrator and the Director of the
Department of Community Services to supervise, manage and when necessary direct the Community
Action Agency and its Executive Director, whereby amending it to read giving the authority to the
Lafourche Parish Council (Governing Authority) to appoint the Executive Director of Community
Action thus removing confirm the authority of the Lafourche Parish President, the Parish Administrator
and the Director of the Department of Community Services to supervise, manage and when necessary
direct the Community Action Agency and its Executive Director.
Mr. Jones pulled this item.
PULLED
Vice-Chairman, Mr. Lorraine returned the meeting to Chairman Toups.
RESOLUTIONS
5:35:06 PM The next item (12) on the agenda was a resolution engaging the firm of Stagni and
Company, LLC (renewal option year) to perform the Lafourche Parish Council=s statutorily
required audit as of and for the year ending December 31, 2013 not to exceed $55,000.00;
authorizing the Parish President to sign any and all necessary documents.
A motion was offered by Mr. Toups, seconded by Mr. Caillouet, and carried by a vote of (7) yeas, (0)
nays and (2) absent – Mr. Delatte and Mr. Gouaux.
RES. NO. 14-001
ENGAGING STAGNI AND COMPANY
5:35:35 PM The next item (13) on the agenda was a resolution rescinding Resolution No. 13-395
which approved Amendment No. 2 to the Louisiana Office of Community Development, Disaster
Recovery Unit Grant Application to Transfer Surplus CDBG Disaster Recovery from Hurricane
Katrina funds in the amount of $254,251.96, originally allocated for the Lafourche Twin Oaks
Drainage Project to the Thibodaux Government Complex Renovation Project.
Mr. LaFont moved to defer this until we get a DA’s Opinion and was seconded by Mr. Fertitta. It
carried to defer by a vote (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
DEFERRED
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5:36:37 PM The next item (14) on the agenda was a resolution requesting the Administration to
hire South Central Planning and Development Commission to handle Lafourche Parish=s
permitting and inspection process.
A motion was offered by Mr. LaFont, seconded by Mr. Arnold. Mr. LaFont said one of the reasons he
sponsored this is because of Phillip Gouaux. I get people asking about the Permit Department on a daily
basis. Mr. LaFont said it seems to him one of the biggest downfalls in this parish is our Permit
Department. I think we need to go with South Central Planning. When something is not working I think
you need to step up and take the accountability and say it wasn’t working. I think it’s time we move on.
The rest of the state is all using these Planning Commissions. Why isn’t Lafourche? Mr. Arnold read a
note he received from Mr. Gouaux concerning this. Mr. Arnold said he know of seven contractors who
will not do work in this parish. Mr. Toups said before we do anything we need to see how much this
would cost us and what would happen to our people here. This is just a resolution and a
recommendation for the Administration to see if we can save money and how we go about doing it.
President Randolph stated the first question I have is you stated in your opening statement if
Administration does not answer a question you will put it on the next agenda. If a councilman makes a
statement and says there are several contractors who are leaving the parish or people have complained
about the permits department and we ask for the names will that also be on the next agenda for us to
discuss? Chairman Lorraine answered that could be on the next agenda and that would be his choice
to give it to you or not. Mr. Arnold said the contractors who told him this are more than willing to meet
with you, Ms. Randolph. I have all their names and phone numbers. President Randolph said it
concerns me you can make blanket statements and accusations but not follow through on them. That is a
problem. President Randolph stated “I understand at the last meeting you spoke of illegal gates and we
have not seen any proof of the illegal gates. So, I just wanted to make a point of that”. President
Randolph asked Mr. Arnold if any of the contractors was Colonel Construction. Mr. Arnold answered
“No maam”. President Randolph said South Central Planning does not issue permits. Parishes issue
permits. South Central Planning does inspections. Having a resolution that says you want them to do
the permits for the parish, the parish has to have a permit department in order to issue permits. You have
never received a permit from South Central Planning, anyone who does contracting. It’s the kind of
thing I understand the chairman had a constituent who had a problem with Health and Hospitals and he
accused the permit department of delaying him. This was not the Permits problem that the constituent
had a problem with Health and Hospitals. President Randolph stated Mr. Toups discussed a certain
business with us, too and we are looking into that. I would like to meet with the contractors Mr. Arnold
talked about. I wish when they made these statements they were leaving that we would have been put
together to tell me what your complaints are so we can address them rather than waiting until this time to
discuss them. I know this is going to pass tonight and you know that it’s a request. The effort should be
made if there are problems in that department you can pass them on to us so we can make those
adjustments as they become necessary. I think it is important to do that. Mr. Arnold said in regards to
this matter he was going to pull his sponsor on this so my seven contractors I know personally can sit
with Ms. Randolph and work this out. Mr. Toups said there is no use voting on this if South Central
Planning cannot give a permit. We made a mistake by putting this on. They used to oversee the permits
but they cannot issue a permit. Mr. LaFont said he could amend it and remove permits and just put
inspections. Mr. Arnold said the biggest problem they are having is the price of the permits. We are
outrageous price compared to other parishes and the lack of knowledge in the permit department.
There’s got to be something done then maybe we wouldn’t need South Central Planning. There hasn’t
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been anything done in the last three or four years to do anything to make it better. This is what is scaring
these contractors away. If I do a five to ten thousand dollar job I have to pay eight hundred dollars for a
permit. Mr. Phillip had problems with a shed and the prices were outrageous to get a shed built. Mr.
Caillouet spoke saying I was going to amend it to request Administration to hire South Central Planning
and Development Commission to review the permitting and inspecting process and make
recommendations. Mr. Toups made an amendment to give the Administration a couple of months to
work it out and come back to us. President Randolph said for informational purposes our Chief
Building Inspector comes from South Central Planning. The other building inspector we have comes
from South Central Planning. The third building official we have was with IBTS who taught South
Central Planning everything about building codes so before we begin disparaging all the people we have
here and thinking that South Central Planning has all the answers, I think we need to make
record of the fact our entire permit clerk department is certified. We are the only ones in the state. If
there were problems, please let me know. Mr. Arnold said once people saw what was on the agenda he
started getting calls. Three of them are heating and air guys. They won’t do any work in this parish.
Four of them are contractors that build houses in residential construction. Chairman Lorraine said it is
obvious we have a problem. I’m going to go back. I supported Mr. Frank Morris who was supposedly a
genius on permits. South Central Planning doesn’t issue permits as Ms. Randolph stated. When
Hurricane Katrina hit the Legislature started passing all these laws to follow the building codes that’s
what happened. I didn’t like it when South Central Planning took over. I didn’t like the way it was
going. We find Frank Morris and he comes and I thought he was going to solve the world but
unfortunately it was worse. There is a problem there. The reason Mr. Morris left is because Ms.
Randolph okayed a permit that he didn’t want to okay. Ms. Randolph stated “Oh, Mr. Chairman”.
Chairman Lorraine said “That is true”. President Randolph said “Stop right now”. Chairman
Lorraine replied “No I’m not going to stop. I’ll tell you the building if you want me to”. President
Randolph stated “I’ll tell you the circumstance.” After a heated discussion with President Randolph on
the chairman speaking, Chairman Lorraine turned to gavel over to Vice-Chairman LaFont. Chairman
Lorraine said if you look at the town of Golden Meadow, they have South Central Planning do their
permits. The town of Lockport has South Central Planning do their permits. There’s an electric
company on 308 that gave property to extend the incorporate limits on 308 because he was tired of
dealing with this permit office. He put his land in Lockport and dealt with Lockport for his permits.
Thibodaux does their own permits. Lafourche does their own. Golden Meadow had a few complaints,
very little. They are working fine. Lockport works out fine. It seems like we have a problem with the
unincorporated areas of the parish. Thibodaux works out fine. They do their own. Chairman
Lorraine stated there’s a lot of political things that are going on in this permit office and I’m going to
say it. That’s where the problem’s at. If you don’t believe me call up Frank Morris and asked him why
he left. I begged Ms. Randolph and Administration to put a permit office in South Lafourche and
Thibodaux. Never would do it. I was trying to help the rest of the parish. South Central Planning is
getting ready to redo their permitting with the other parishes. If all the other parishes are going to renew
with South Central Planning that tells me they are doing a fairly good job. Getting back to the letter Mr.
Gouaux sent to Mr. Arnold is he wanted to stay on top of this before it happened. Chairman Lorraine
said it’s going to be a Council choice and the Administration. I know she’s going to say the
Administration does what they want. It doesn’t matter. We’ll pass a resolution. It’s just a courtesy.
They don’t have to do it if they don’t want to but if the Council chooses to do it, so be it. There are some
problems in the permit department and it’s obvious by listening to some of the councilmen tonight. If
you don’t think the Councilmen have a say so, go check with the public. I’m done. Mr. LaFont returned
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the gavel to Chairman Lorraine. Chairman Lorraine read the amendments as follows: Mr. LaFont
made a motion to remove permitting, seconded by Mr. Toups, and carried by a vote of (7) yeas, (0) nays
and (2) absent – Mr. Delatte and Mr. Gouaux. Mr. Toups made a motion to give the Administration two
months to give us a report, seconded by Mr. Arnold. Mr. Toups spoke saying he would like to see the
Administration meet with anyone who had trouble with the Permit Department. Give them the chance
to try and straighten it up. Mr. Arnold said he thought one of the biggest issues we have in the parish is
the price of the permit. The square foot price, the job total price. I think we need to adjust that and draw
some of these people back into the parish. Those eight hundred dollar hits when you are doing a five or
six thousand job eats up any kind of profit that you have. Mr. Fertitta said he thought we were going
about this the wrong way. If we wanted to do some reconstruction of the Permit Department we should
have gotten with the Administration and did something. I know this is just a request and just a resolution
but you have to consider the people who work in the Permit Department. I think we are going about it
the wrong way. I can’t support this. Mr. LaFont said I want South Central Planning. I talked to people
in Terrebonne Parish and they don’t have the complaints we have in Lafourche Parish. My best friend
did an addition on his house. They came to do the final inspection and gave him a punch list. They
came back and did another inspection. That’s not a final inspection. That’s another inspection. Once
your punch list is complete that should have been your final inspection. I’m not one hundred percent
sure but at the time the guy that inspected his house his license was suspended. It was suspended for six
months and he was still doing inspections. That’s the challenge I have. President Randolph asked
what the date of that inspection was and she could find out if his license was suspended at that time. Mr.
LaFont answered he will get it for her. President Randolph said at the next meeting they will have a
price comparison and show you that the inspection process for South Central Planning is more expensive
than Lafourche and permitting is probably one of the lowest in the area because Mr. Lorraine lowered
everything considerably last time we voted on prices. The second amendment carried by a vote of (6)
yeas, (1) nay – Mr. Fertitta and (2) absent – Mr. Delatte and Mr. Gouaux. Mr. Jones said one of the
problems is South Central can give the permits five days a week where Lafourche can only give permits
four days a week. President Randolph said we already have inspections five days a week. We will
discuss the permits five days a week. The amended resolution carried by a vote of (6) yeas, (1) nays –
Mr. Fertitta and (2) absent – Mr. Delatte and Mr. Gouaux.
RES. NO. 14-002
HIRE SCPD FOR INSPECTION PROCESS
6:02:33 PM The next item (15) on the agenda was a resolution requesting the Lafourche Parish
District Attorney to render an opinion as to whether the Transfer of Surplus CDBG Disaster
Recovery from Hurricane Katrina funds from Lafourche Twin Oaks Drainage Project to the
Thibodaux Government Complex Renovation Project is allowed.
A motion was offered by Mr. LaFont, seconded by Mr. Toups, and carried by a vote of (7) yeas, (0) nays
and (2) absent – Mr. Delatte and Mr. Gouaux..
RES. NO. 14-003
REQUEST DA OPINION TRANSFER OF SURPLUS CDBG FUNDS
6:07:13 PM The next item (16) on the agenda was a resolution requesting the Ethics Board and
the Attorney General to render an opinion as to whether the Parish can enter into an agreement
with AFLAC for supplemental insurance benefits when the agent representing AFLAC is
Chairman of one of the Recreation Boards.
PULLED
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6:07:37 PM The next item (17) on the agenda was a resolution requesting the Lafourche Parish
District Attorney to render an opinion as to whether a Parish employee hired by contract which
ended in December, 2013 can now be employed by a company who is currently under contract
with the Parish and/or a company which had a contract with the Parish while the individual was
employed with the Parish.
and (2) absent – Mr. Delatte and Mr. Gouaux.
RES. NO. 14-004
REQUEST DA OPINION PARISH EMPLOYEE HIRED BY COMPANY
UNDER CONTRACT WITH PARISH
6:08:49 PM The next item (18) on the agenda was a resolution stating the Lafourche Parish
Council=s endorsement of Chevron USA, Inc., located at South Lafourche Airport, Galliano, LA
70354 (Advance Notification #20131267), to participate in the benefits of the Louisiana Enterprise
Zone Program.
RES. NO. 14-005
ENDORSEMENT OF CHEVRON USA FOR LA ENTERPRISE ZONE
6:09:18 PM The next item (19) on the agenda was a resolution authorizing the submittal of a local
Government Assistance Program Grant Application to the Division of Administration of the
Louisiana Office of Community Development for repairs to the Rita Bridge located in Lockport,
Louisiana and authorizing the Parish President to sign, execute and administer any and all relevant
documents.
A motion was offered by Mr. Fertitta, seconded by Mr. Caillouet, and carried by a vote of (7) yeas, (0)
RES. NO. 14-006
SUBMIT GRANT APPLICATION FOR RITA BRIDGE REPAIRS
6:09:43 PM The next item (20) on the agenda was a resolution approving the Engagement Letter
with Bourgeois Bennett, L.L.C. to audit financial statements of the Lafourche Parish Home
Mortgage Authority and authorizing the Parish President to sign, execute and administer any and all
relevant documents.
A motion was offered by Mr. Fertitta, seconded by Mr. Caillouet. Mr. LaFont asked if this was paid
already. President Randolph answered when the money was given to us by the Home Mortgage
Authority they had already unofficially or informally engaged with an auditing company. Mr. Chaisson
went ahead and allowed them to audit because of the engagement. When the Internal Auditor reviewed
this, he felt it was necessary this contract be approved by Council. So we brought this to Council despite
the fact that it is after the fact and we did make a mistake by not bringing this to you earlier. The reason
we did not bring it to you earlier was because the Home Mortgage Authority made the engagement and
not us. We inherited the engagement and therefore we are bringing it to you tonight. Yes, it has been
paid. Mr. LaFont said he remembered it being five or six thousand the first time it came up and now it
is twelve thousand. Do you know years before what was paid for an audit? How much the Home
Authority was paying before? Twelve thousand seems a little high for a closing audit. Mr. Chaisson,
Parish Administrator, said the original engagement letter was for five thousand dollars. We’re going to
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find the exact amount here in a second. Mr. LaFont said he had a hard time supporting something he
was told five thousand and now it is twelve thousand. It was prepaid without our approval. President
Randolph said when she discussed it with them this was going to be their final audit and therefore they
were obviously very concerned with it. I don’t know why there is a difference in the pay. I am admitting
that we did not bring it to Council as we should have but I’m also admitting that none of us in this
Administration are perfect either. Chairman Lorraine relinquished his gavel to Mr. LaFont and asked
President Randolph, you are saying that any contract that we do regardless if it’s mosquito, drainage,
auditor the Administration signs it. Which you sign it. It has to be approved by the Council, am I
correct? According to the charter. This one wasn’t really done that way because Archie sat up there
where he is now and said it was five thousand and the first thing they were trying to do was take it out of
the Legislative funds. Then he said some kind of way they got in touch with the District Attorney’s
office. The District Attorney’s office said it was okay. If it’s a contract we have to approve it but now
we are signing it after the fact. That’s not the way to do business. You’ve been here ten years. Archie’s
been here one year. You admitted that yall made a mistake. President Randolph answered I said that
because the Home Mortgage Authority had already engaged this firm. The assumption was that the
contract carried through there. That is why Archie did not submit it to the Council. It was a mistake.
Chairman Lorraine said Ms. Randolph asked if yall want to delay the vote until they can look at the
numbers and they can come back to us. Mr. Chaisson, Parish Administrator, said we did find it in
MUNIS and I stand corrected Mr. LaFont. When you look at the original engagement letter on page 8 it
says we estimate the fee for the four month period ending April 30, 2013 was approximate twelve
thousand dollars. When you pull it up in MUNIS the actual amount paid to Bourgeois and Bennett was
eleven five. The resolution carried by a vote of (5) yeas, (2) nays – Mr. LaFont and Mr. Lorraine and (2)
absent – Mr. Delatte and Mr. Gouaux.
RES. NO. 14-007
ENGAGEMENT LETTER WITH BOURGEOIS BENNETT AUDIT FOR
HOME MORTGAGE AUTHORITY
6:17:55 PM The next item (21) on the agenda was a resolution approving a contract offered by
the Louisiana Housing Corporation (LHC) for the 2013-2015 Low Income Home Energy
Assistance Program (LIHEAP) and authorizing the Parish President to sign, execute and administer
said contact and any and all relevant documents for said program year.
A motion was offered by Mr. Fertitta, seconded by Mr. Arnold. Mr. Jones asked in the contract is
offered with the Office of Community Action and why in the Resolution it is given under the supervision
of the Director of Community Service. President Randolph answered she doesn’t have that
information in front of me. I’ll have to put that on the agenda in the next two weeks in order to give an
answer to that. That’s not the kind of information we keep on hand. Mr. Jones asked who drew up the
resolution. President Randolph said the Director of Community Services drew up the resolution. I do
not know why there are two different names in there. I think that needs to be fixed. Mr. Jones said I
think you are right because that’s been the problem. The contract is with the Office of Community
Action not the Office of Community Service. Chairman Lorraine asked if we are going to vote on this
or not. Mr. Jones amended it to delete the Office of Community Service Director out of the resolution,
seconded by Mr. LaFont and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr.
Gouaux. The amended resolution carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and
Mr. Gouaux.
RES. NO. 14-008
CONTRACT WITH LHC
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6:27:32 PM The next item (22) on the agenda was a resolution approving the attached basic
Cooperative Endeavor Agreement, to be tailored individually to each participation Senior Citizens
Center, for the purpose of continuing the implementation of the ALafourche On the Move@
Program and authorizing the Parish President to sign, execute and administer said agreements and any
and all relevant documents.
A motion was offered by Mr. Toups, seconded by Mr. Fertitta, and carried by a vote of (7) yeas, (0) nays
RES. NO. 14-009
CEA FOR SENIOR CITIZENS CENTER
6:27:58 PM The next item (23) on the agenda was a resolution accepting the low bid of Huey
Stockstill, Inc., in the amount of $2,635,278.27 for Road Sales Tax District A Improvements to
roads within Lafourche Parish (Project Code #13028) and authorizing the Parish President to sign,
execute and administer an agreement and any and all relevant documents.
RES. NO. 14-010
ACCEPTING BID OF HUEY STOCKSTILL, INC
6:28:38 PM The next item (24) on the agenda was a resolution approving a Cooperative
Endeavor Agreement between Lafourche Parish Government and South Central Planning and
Development Commission for GPS Units and Monitoring Services and authorizing the Parish
President to sign, execute and administer said agreement and any and all relevant documents.
RES. NO. 14-011
CEA WITH SCPD FOR GPS UNITS
6:29:03 PM The next item (25) on the agenda was a resolution approving the attached Cooperative
Endeavor Agreements for each Lafourche Parish Recreation District for the purposes of
acquiring, constructing, improving, maintaining and/or operating recreational facilities and
activities in the Parish and authorizing the Parish President to sign, execute and administer said
agreements and any and all relevant documents.
A motion was offered by Mr. Caillouet, seconded by Mr. Fertitta, and carried by a vote of (7) yeas, (0)
RES. NO. 14-012
CEA FOR EACH LAF. PAR. RECREATION DIST.
6:29:32 PM The next item (26) on the agenda was a resolution approving Addendum #2 to the
VisionLive Subscription Services Agreement between Lafourche Parish Government and Vision
Internet Providers, Inc. to provide for additional customized code for the lafourchegov.org website
design, and authorizing the Parish President to sign, execute and administer said agreement and any and
all relevant documents.
A motion was offered by Mr. Arnold, seconded by Mr. Fertitta, and carried by a vote of (7) yeas, (0)
nays and (2) absent – Mr. Gouaux and Mr. Delatte.
RES. NO. 14-013
APPROVING ADDENDUM #2 VISIONLIVE SUBSCRIPTION SER.
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6:30:17 PM The next item (27) on the agenda was a resolution approving an annual support and
license agreement between Lafourche Parish Government and Tyler Technologies, Inc. for Munis
Software, and authorizing the Parish President to sign, execute and administer said agreement and any
RES. NO. 14-014
AGREEMENT WITH TYLER TECHNOLOGIES, INC.
6:30:44 PM The next item (28) on the agenda was a resolution approving Amendment No. 3 to the
contract between Lafourche Parish Government and Mosquito Control of Lafourche, LLC to
increase the contract price due to fluctuations in the consumer price index and to extend the
contract and authorizing the Parish President to sign, execute and administer said amendment and any
A motion was offered by Mr. Jones, seconded by Mr. Toups, and carried by a vote of (7) yeas, (0) nays
RES. NO. 14-015
CONTRACT WITH MOSQUITO CONTROL OF LAF.
6:31:47 PM The next item (29) on the agenda was a resolution reappointing one (1)
Commissioner to the Lafourche Parish Animal Shelter Advisory Board.
A motion was offered by Mr. Caillouet to nominate Mr. Eugene Dial, seconded by Mr. Fertitta, and
RES. NO. 14-016
APPOINT MR. EUGENE DIAL TO ANIMAL SHELTER ADVISORY
BOARD
6:32:19 PM The next item (30) on the agenda was a resolution reappointing one (1)
Commissioner to the Lafourche Parish Animal Shelter Advisory Board.
A motion was offered by Mr. Jones to nominate Mr. Richmond Boyd, seconded by Mr. Toups, and
RES. NO. 14-017
APPOINT MR. RICHMOND BOYD TO ANIMAL SHELTER ADVISORY
BOARD
It was moved by Mr. Arnold and seconded by Mr. Fertitta to call a ten minute recess and passed by a
vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux
It was moved by Mr. Toups and seconded by Mr. LaFont to return to regular agenda and passed by a
vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
6:33:44 PM The next item (31) on the agenda was a resolution appointing one (1) Commissioner
to the Lafourche Parish Recreation District No. 2 Board.
A motion was offered by Mr. Arnold to nominate Mr. Danny Mayet, seconded by Mr. Toups, and
RES. NO. 14-018
APPOINT MR. DANNY MAYET TO REC. NO. 2 BOARD
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to the Lafourche Parish Recreation District No. 8 Board.
A motion was offered by Mr. Toups to nominate Mr. Damien Babin, seconded by Mr. LaFont, and
RES. NO. 14-019
APPOINT MR. DAMIEN BABIN TO REC. NO. 8 BOARD
to the Lafourche Parish Game and Fish Management Commission.
A motion was offered by Mr. Toups to nominate Mr. Oray Savoie, seconded by Mr. Fertitta., and
RES. NO. 14-020
APPOINT MR. ORAY SAVOIE TO GAME AND FISH MANAGEMENT
6:47:55 PM The next item (34) on the agenda was a resolution to ratify the appointment of one (1)
Commissioner to the Lafourche Parish Fire Protection District No. 2 Board.
A motion was offered by Mr. Toups to nominate Mr. Warren Vedros, seconded by Mr. Arnold, and
RES. NO. 14-021
APPOINT MR. WARREN VEDROS TO FIRE PROT.NO 2 BOARD
DISCUSSIONS
6:48:22 PM The next item (35) on the agenda was a discussion regarding the Parish=s holiday
schedule.
Mr. LaFont asked if we could look into following the State Holiday schedule. Chairman
Lorraine stated he thought there was an ordinance in place so maybe he could get a copy .
6:49:06 PM The next item (36) on the agenda was a discussion concerning fireworks inspections
and permits for Lafourche Parish.
Mr. LaFont said he would like to see when they get their permit they get inspected each time
they set up their stands. Mr. Chaisson, Parish Administrator, said President Randolph and himself met
with Adrian today and they can do most of in house and make a conscious effort to go back and make
sure the setbacks are correct and all the electrical is put back correctly. Mr. Arnold said he looked into
this in July and spoke to the Fire Marshall. The Fire Marshall said he was supposed to be notified when
they set their tents back up for the second time of the year. The second time they put the stands up they
are required by the State Fire Marshall to get an inspection done.
6:51:31 PM The next item (37) on the agenda was a discussion concerning ADig In Lafourche=s@
contract and website.
Mr. LaFont said he was getting calls from Charter fishermen and they were sent a letter
telling them it was going to cost them sixty dollars a month to continue their contract with Gaienne. Mr.
Archie Chaisson was kind enough to handle that. Mr. Chaisson, Parish Administrator, said they met
with Mr. Gaienne today and the fee of sixty dollars was two parts. One was thirty nine dollars for the
web hosting fee and twenty dollars was for him to manage that site for them. If they choose to just pay
the thirty nine dollars then we can have their administrative passwords and such turned over to the
charter fisherman so they can manage it themselves. Mr. LaFont asked if we can send a letter to the
fisherman and let them know their options. Mr. Chaisson replied “Yes sir.”
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Chairman Lorraine turned the gavel over to Vice-Chairman LaFont.
6:53:28 PM The next item (38) on the agenda was a discussion regarding metal detectors for the
Mathews Government Building.
Chairman Lorraine said I put this on because today you can’t trust anybody. I think this
should have been done a long time ago. It only takes one to go nuts. I would like to see the
Administration to come up with something reasonable to put a metal detector or a guard. I would like to
consider what it will cost us. I want to do it for the whole building. President Randolph said she didn’t
mind and it was something they had considered before and some internal steps have been taken already
on this. We are looking at the field offices and the Galliano and Thibodaux site. President Randolph
said there are some procedures in place already. A metal detector can detect but it cannot stop. A guard
could stop. Mr. Jones said in November he asked the Council to put a gate at the field office and he
was hammered for it. He thanked the councilmen for their support.
Vice-Chairman LaFont returned the gavel to Chairman Lorraine.
A motion was offered by Mr. Toups, seconded by Mr. Jones, to open a Unanimous Agenda, and
UNANIMOUS AGENDA
7:01:28 PM The first item (1) on the Unanimous Agenda was a Notice.
Pursuant to LA R.S. 42:19.1 (Notice of Public Meeting), to provide statutorily required notice of
the following: Notice is hereby given that the Lafourche Parish Council, State of Louisiana (the
AParish@), plans to consider an ordinance ordering and calling an election to authorize the renewal of an
ad volorem tax to be held within Special Service District No. 1 at its meeting on Tuesday, February 25,
2014 at 5:00 p.m. at the Mathews Government Complex, 4876 Hwy. 1, Mathews, Louisiana.
Chairman Lorraine read the following: Pursuant to LA R.S. 42:19.1 (Notice of Public Meeting),
to provide statutorily required notice of the following: Notice is hereby given that the Lafourche
Parish Council, State of Louisiana (the AParish@), plans to consider an ordinance ordering and calling an
election to authorize the renewal of an ad volorem tax to be held within Special Service District No. 1 at
its meeting on Tuesday, February 25, 2014 at 5:00 p.m. at the Mathews Government Complex, 4876
Hwy. 1, Mathews, Louisiana. Chairman Lorraine asked “Do I get a motion on that? Moved by Mr.
Fertitta, second by Mr. Jones, all in favor signify by saying aye”. Mr. LaFont said “I got a question.”
Chairman Lorraine said “Go ahead Jerry”. Mr. LaFont said “This is for an election, a tax election”.
Chairman Lorraine said “It’s a notice that an election will be, we had to, we have to notify. This is
some kind of new”. Mr. LaFont said “We voted on this already”. Chairman Lorraine said “No.
This is something that came up in the Legislature. You got to do this now ahead of when it comes up”.
Mr. LaFont asked “What tax is this concerning”? Chairman Lorraine answered “This is the lighting
tax and there is a percentage of it that goes to abatement and nuisance and derelict structures.” Mr.
LaFont asked “When do they want to get this on the ballot”? Chairman Lorraine answered “In May.
It’s no increase at all it’s just a renewal of what they got. They have to do this prior to coming and
putting all that up. Okay.” Mr. LaFont answered “Alright.”
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7:02:53 PM The next item (2) on the Unanimous Agenda was a Resolution requesting the
Community Action Advisory Board to restructure their bylaws.
A motion was offered by Mr. Jones, seconded by Mr. LaFont. Mr. Fertitta moved to amend it to
include the Lafourche Parish Animal Shelter Advisory Board, Mr. LaFont seconded and the amendment
carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte and Mr. Gouaux. The amended
resolution carried by a vote of (7) yeas, (2) nays and (2) absent – Mr. Delatte and Mr. Gouaux.
RES. NO. 14-022 REQUESTING THE COMM. ACTION ADVISORY BOARD AND THE
LAF. PARISH ANIMAL SHELTER ADVISORY BOARD TO
RESTRUCTURE THEIR BYLAWS
7:04:05 PM The next item (3) on the Unanimous Agenda was a resolution accepting the low bid of
Utility Construction Services, LLC in the amount of $85,000.32 for Pre-Storm Recreation Facility
Repairs in Recreation District No. 3 and authorizing the Parish President so sign, execute and
administer an agreement and any and all relevant documents.
A motion was offered by Mr. LaFont, seconded by Mr. Arnold , and carried by a vote of (7) yeas, (0)
RES. NO. 14-023
ACCEPTING LOW BID OF UTILITY CONST. SERVICES
A motion was offered by Mr. Arnold, seconded by Mr. Toups, to close the Unanimous Agenda and
return to the Regular Agenda, and carried by a vote of (7) yeas, (0) nays and (2) absent – Mr. Delatte
and Mr. Gouaux.
ADJOURNMENT
On motion by Mr. Arnold and seconded by Mr. Toups , and with no further business, the Lafourche
Parish Council Meeting of January 14, 2014 adjourned at 7:00 p.m.
DANIEL LORRAINE, CHAIRMAN
CARLEEN B. BABIN, COUNCIL CLERK
PATRICIA GHERE, MINUTE CLERK
LAFOURCHE PARISH COUNCIL
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The following ordinance was submitted for introduction by Mr. Daniel Lorraine in regular
session convened on January 14, 2014:
PROPOSED ORDINANCE
The following Ordinance, having been previously introduced and published, was offered for final
adoption by
, seconded by
:
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A “NO PARKING FIRE LANE” ON BOTH
SIDES OF EAST 179TH STREET BY AVENUE D ONLY, GOLDEN MEADOW,
LOUISIANA; WARD (10), DISTRICT (9), PARISH OF LAFOURCHE, STATE OF
LOUISIANA; INSTALLING THE NECESSARY “NO PARKING FIRE LANE”
SIGNS; AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF.
BE IT ORDAINED, by the Lafourche Parish Council, which convened in regular session on
January 28, 2014, that:
SECTION 1. This Ordinance does hereby establish “No Parking Fire Lane” on both sides of
East 179th Street by Avenue D only, Golden Meadow, Louisiana, Ward (10), District (9).
SECTION 2. The necessary “No Parking Fire Lane” signs shall be installed on both sides of
East 179th Street by Avenue D only, Golden Meadow, Louisiana.
SECTION 3. The Sheriff of this Parish is hereby specifically requested to assist in the
enforcement of the provisions of this Ordinance.
SECTION 4. If any section, clause, paragraph, provision or portion of these regulations shall
be held invalid by any court of competent jurisdiction, such holding shall not affect any other section,
clause, paragraph, provision or portion of these regulations.
SECTION 5. Any person who violates the provisions of this Ordinance shall, upon conviction
thereof, be punished by imprisonment in the parish jail for a period of not more than thirty (30) days,
or by fine of not more than five hundred dollars ($500.00) or by both such imprisonment and fine, at the
discretion of the Court.
SECTION 6. All Ordinances or parts of Ordinances by the Lafourche Parish Council
conflicting with or inconsistent with the provisions of these regulations are hereby repealed.
SECTION 7. This Ordinance shall be published in the Office Journal of the Lafourche Parish
Council in the manner provided by law.
SECTION 8. This Ordinance, having been submitted in writing, having been read and adopted
by sections at a public meeting of said Council, was then submitted to an official vote as a whole, the
vote thereon being as follows:
YEAS:
NAYS:
ABSENT:
SECTION 9. This Ordinance shall become effective on the tenth day after final publication.
***********
Delivered to the Parish President on
, at
. m.
APPROVED:
UNAPPROVED:
VETOED:
Lafourche Parish President
Returned to the Council Clerk on
, at
**********
. m.
I, CARLEEN B. BABIN, Council Clerk for the Lafourche Parish Council, do hereby certify that the
foregoing is a true and correct copy of Ordinance No.
, enacted by the Assembled Council in
Regular Session on January 28, 2014, at which meeting a quorum was present, and was finally adopted
on
, 2014.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS
, 2014.
DAY OF
DATE PUBLISHED:
DATE EFFECTIVE:
The following ordinance was submitted for introduction by Mr. Daniel Lorraine in regular
session convened on January 14, 2014:
PROPOSED ORDINANCE
The following Ordinance, having been previously introduced and published, was offered for final
adoption by
, seconded by
:
ORDINANCE NO.
AN ORDINANCE ESTABLISHING “LIGHT TRAFFIC ONLY” ON WEST 171ST
STREET, GALLIANO, LOUISIANA; WARD (10), DISTRICT (9), PARISH OF
LAFOURCHE, STATE OF LOUISIANA; REQUIRING THE PLACEMENT OF
“LIGHT TRAFFIC ONLY” SIGNS; AND PROVIDING PENALTIES FOR THE
VIOLATIONS THEREOF.
BE IT ORDAINED, by the Lafourche Parish Council, which convened in regular session on
January 28, 2014, that:
SECTION 1. This Ordinance does hereby establish “Light Traffic Only”, on West 171st Street,
Galliano, Louisiana, Ward (10), District (9).
SECTION 2. The necessary “Light Traffic Only” signs shall be installed on West 171st Street,
Galliano, Louisiana.
SECTION 3. The Sheriff of this Parish is hereby specifically requested to assist in the
enforcement of the provisions of this Ordinance.
SECTION 4. If any section, clause, paragraph, provision or portion of these regulations shall
be held invalid by any court of competent jurisdiction, such holding shall not affect any other section,
clause, paragraph, provision or portion of these regulations.
SECTION 5. Any person who violates the provisions of this Ordinance shall, upon conviction
thereof, be punished by imprisonment in the parish jail for a period of not more than thirty (30) days,
or by fine of not more than five hundred dollars ($500.00) or by both such imprisonment and fine, at the
discretion of the Court.
SECTION 6. All Ordinances or parts of Ordinances by the Lafourche Parish Council
conflicting with or inconsistent with the provisions of these regulations are hereby repealed.
SECTION 7. This Ordinance shall be published in the Office Journal of the Lafourche Parish
by sections at a public meeting of said Council, was then submitted to an official vote as a whole, the
vote thereon being as follows:
YEAS:
NAYS:
ABSENT:
SECTION 9. This Ordinance shall become effective on the tenth day after final publication.
***********
, at
. m.
APPROVED:
UNAPPROVED:
VETOED:
, at
**********
. m.
foregoing is a true and correct copy of Ordinance No.
, enacted by the Assembled Council in
Regular Session on January 28, 2014, at which meeting a quorum was present, and was finally adopted
on
, 2014.
, 2014.
DAY OF
DATE PUBLISHED:
DATE EFFECTIVE:
The following ordinance was introduced by _______________ in regular session
convened on _______________.
PROPOSED ORDINANCE
The following ordinance, having been previously introduced and published, was
offered for final adoption by _______________, seconded by _______________.
ORDINANCE NO. _______________
ORDINANCE AMENDING ORDINANCE NO. 5345 THAT
APPROVED
A
SERVITUDE
AGREEMENT
BETWEEN
LAFOURCHE
PARISH
GOVERNMENT
AND
SOUTH
LAFOURCHE LEVEE DISTRICT TO OPERATE AND MAINTAIN
A CONSTRUCTION AND MAINTENANCE SERVITUDE FOR
THE CONSTRUCTION OF A LEVEE FROM LATITUDE
29°34’06.47 29°34’06.46” N, LONGITUDE 90°22’59.93 90°22’59.91”
W EXTENDING TWO HUNDRED FEET (200’) SOUTH TO
LATITUDE 29°34’04.76 29°34’06.83” N, LONGITUDE 90°23’00.58
90°22’53.88” W AND AUTHORIZING THE PARISH PRESIDENT
TO SIGN, EXECUTE AND ADMINISTER SAID AGREEMENT
AND ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, said servitude requires amending due to adjustments in the
coordinates of the servitude location; and
WHEREAS, said servitude is to operate and maintain a construction and
maintenance servitude for the construction of a levee from Latitude 29°34’06.47
29°34’06.46” N, Longitude 90°22’59.93 90°22’59.91” W extending two hundred feet
(200’) South to Latitude 29°34’04.76 29°34’06.83” N, Longitude 90°23’00.58
90°22’53.88” W; and
WHEREAS, this ordinance was sponsored for Administration by Mr. Jerry
LaFont, Councilman, District 8; and
WHEREAS, it is recommended by the Administration of the Lafourche Parish
Government that the Council amend Ordinance No. 5345 that approved a
Servitude Agreement between Lafourche Parish Government and South
Lafourche Levee District to operate and maintain a construction and
maintenance servitude for the construction of a levee from Latitude 29°34’06.47
29°34’06.46” N, Longitude 90°22’59.93 90°22’59.91” W extending two hundred feet
(200’) South to Latitude 29°34’04.76 29°34’06.83” N, Longitude 90°23’00.58
90°22’53.88” W and authorize the Parish President to sign, execute and administer said
agreement and any and all relevant documents.
THEREFORE BE IT ORDAINED, that the Lafourche Parish Council convened
in Regular Session on _______________, and hereby amends Ordinance No. 5345 that
approved a Servitude Agreement between Lafourche Parish Government and South
Lafourche Levee District to operate and maintain a construction and maintenance
servitude for the construction of a levee from Latitude 29°34’06.47 29°34’06.46” N,
Longitude 90°22’59.93 90°22’59.91” W extending two hundred feet (200’) South to
Latitude 29°34’04.76 29°34’06.83” N, Longitude 90°23’00.58 90°22’53.88” W and
authorize the Parish President to sign, execute and administer said agreement and any and
all relevant documents.
BE IT FURTHER ORDAINED, that a certified copy of this Ordinance shall be
forwarded to South Lafourche Levee District, Attn: Windell Curole, P.O. Box 426,
Galliano, LA 70354; Lafourche Parish Government Department of Public Works,
Department of Finance and the Office of the Parish Administrator; and
BE IT FURTHER ORDAINED, that;
SECTION 1. If any provision or item of this ordinance or the application thereof is held
invalid, such invalidity shall not effect other provisions, items or application of this
ordinance which can be given affect without the invalid provisions, items or application,
and to this end the provisions of this ordinance are declared severable.
SECTION 2. All Ordinances by the Lafourche Parish Council conflicting with or
inconsistent with the provisions of these regulations are hereby repealed.
SECTION 3. This Ordinance shall be published in the Official Journal of the Lafourche
Parish Council in the manner provided by law.
SECTION 4. This Ordinance, having been submitted in writing, having been read and
adopted by sections at a public meeting of said council, was then submitted to an official
vote as a whole, the vote thereon being as follows:
YEAS:
NAYS:
ABSENT:
NOT VOTING:
SECTION 5. This Ordinance shall become effective on the tenth day after final
publication.
__________________________________
______________________________________
_______________, 2014, at _____, __.m.
APPROVED: __________
VETOED: ____________
________________________
Charlotte A. Randolph
____________________, 2014, at _____, __.m.
I, CARLEEN B. BABIN, Council Clerk for the Lafourche Parish Council, do hereby
certify that the foregoing is a true and correct copy of Ordinance No._____, enacted by
the Assembled Council in Regular Session on _______________, at which meeting a
quorum was present, and was finally adopted on ____________________.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS _____,
DAY OF _______________, 2014.
_________________________________________
DATE PUBLISHED: _____________
DATE EFFECTIVE: _____________
SERVITUDE AGREEMENT
THIS SERVITUDE AGREEMENT, made and executed this ________ day of
____________________________, 20134, by and between Lafourche Parish Government whose
present mailing address is P.O. Drawer 5548, Thibodaux, Louisiana 70301, hereinafter called the
("Grantor") and the South Lafourche Levee District whose present mailing address is P.O. Box 426,
Galliano, Louisiana 70354 (hereinafter called the "Grantee").
WITNESSETH THAT for and in consideration of the promises and undertaking by the
GRANTEE herein and for the good and valuable considerations, the Grantor’s, do hereby grant unto
the Grantee, his/her successors and assigns, the right, liberty and authority to enter upon and to
operate and maintain a construction and maintenance servitude to construct a levee, together with the
right of ingress and egress to and from said servitude in over and upon the following described land
situated in the Parish of Lafourche, State of Louisiana, to-wit:
From Latitude 29°34’06.47 29°34’06.46” N, Longitude 90°22’59.93 90°22’59.91” W
extending two hundred feet (200’) South to Latitude 29°34’04.76 29°34’06.83” N,
Longitude 90°23’00.58 90°22’53.88” W.
Said above mentioned drainage and maintenance servitude shall commence at
All as shown on attached plat entitled “EXHIBIT A”.
It is further understood that this grant is not a conveyance of the full ownership of the
property herein described and the parties herein specifically agree that the servitude may only be used
by the South Lafourche Levee District, its agents, employees, and/or assigns, for the maintenance and
operation of said facilities, and is not intended as a servitude of passage for the general public.
Grantee to indemnify Grantor against, and to release, protect, and hold Grantor harmless,
from any claim or damages on account of bodily or personal injury, including death, to any person
whomsoever, and any loss of or damage to any property whatsoever, arising out of the construction,
maintenance, or operation of Grantee's facilities located on the premises herein described and
granted; provided, however, that Grantee shall not be responsible for any claims or damages on
account of bodily or personal injury, including death, to any person whomsoever, or for any loss of or
damage to any property whatsoever, caused by the sole negligence of Grantor, its agents, servants,
employees, officers, invites, and/or licensees.
TO HAVE AND TO HOLD the aforesaid servitude unto the Grantee, their successors or
assigns, so long as the Grantee, his successors or assigns, shall continue to use said servitude.
IN WITNESS WHEREOF, the GRANTOR has hereunto signed his name this _________day
of ___________________________, 20134, together with
___________________________________ and__________________________________, witnesses,
in Lafourche Parish, Louisiana.
WITNESSES:
GRANTOR: Lafourche Parish Government
_______________________________
_______________________________________
Parish President
_______________________________
Before me, Notary Public, came and appeared ___________________________, who
declared that he witnessed the signature of Charlotte A. Randolph, Parish President to the foregoing
servitude agreement and that she signed the agreement as her free and voluntary act, for the Parish of
Lafourche.
____________________________________
Sworn
to
and
subscribed
before
___________________________________, 20134.
______________________________________
NOTARY PUBLIC
me
on
this
___________
day
of
IN WITNESS WHEREOF, the GRANTEE has hereunto signed her name this ______day of
______________________,
20134,
together
with
_____________________________and
____________________________________, witnesses, in Lafourche Parish, Louisiana.
WITNESSES:
GRANTEE: South Lafourche Levee District
________________________________
_______________________________________
Windell Curole
General Manager
________________________________
Before me, Notary Public, came and appeared ___________________________, who
declared that he witnessed the signature of Windell Curole, General Manager, to the foregoing
servitude agreement and that the said Windell Curole signed the agreement as his free and voluntary
act, for the South Lafourche Levee District.
____________________________________
Sworn
to
and
subscribed
before
_______________________________, 20134.
________________________________________
NOTARY PUBLIC
me
on
this
__________day
of
convened on _______________.
PROPOSED ORDINANCE
The following ordinance, having been previously introduced and published, was offered
for final adoption by _______________, seconded by _______________.
ORDINANCE NO.
___________
ORDINANCE INCREASING SALARIES WITH A TWO (2) PERCENT
COLA TO BE AWARDED AT DATE DESIGNATED BUT PRIOR TO
DECEMBER 31, 2014 BY PARISH PRESIDENT AND UP TO A
MAXIMUM OF TWO (2) PERCENT MERIT INCREASE TO BE
AWARDED AT THE EMPLOYEE’S ANNIVERSARY DATE AND
BEGINNING JANUARY 1, 2014, FOR CLASSIFIED AND
UNCLASSIFIED STAFF DETERMINED BY THE EVALUATION
RATINGS AND TO AMEND ORDINANCE NO. 5395 AS IT PERTAINS
TO FIXING THE SALARIES OF UNCLASSIFIED EMPLOYEES AS
PROVIDED FOR BY ARTICLE V OF THE LAFOURCHE HOME RULE
CHARTER.
WHEREAS, the Home Rule Charter states that the Parish President shall fix the
salaries of unclassified employees subject to approval by ordinance; and
WHEREAS, c l a s s i f i e d employees will be given a two (2) percent COLA increase
and will also be eligible for a maximum of two (2) percent merit increase based on their 2014
performance evaluation and administrative guidelines with an effective date of January 1, 2014;
and
WHEREAS, amendments are to provide unclassified employees up to a two (2) percent
COLA increase in addition to a maximum of two (2) percent merit increase based on their 2014
performance evaluation and administrative guidelines beginning January 1, 2014 awarded at
anniversary date; and
WHEREAS, the amounts of increase for both classified and unclassified employees are
based upon budgetary concerns and subject to availability of funds; and
WHEREAS, amendments presented in the Ordinance reflect salaries only and do not
represent the Comprehensive Benefits Package offered by Lafourche Parish Government; and
WHEREAS, this Ordinance was sponsored for Administration by Mr. Lindel Toups, Councilman,
District 6; and
NOW, THEREFORE, BE IT ORDAINED, by the Lafourche Parish Council,
convened in Regular Session on _________________________, that:
SECTION 1. The 2014 Operations and Maintenance and Capital Budgets for the Lafourche
Parish Council, which was proposed in regular session convened on October 8, 2013 is hereby
adopted as attached. Enacted in regular session on November 26, 2013 and finally adopted on
December 10, 2013 is hereby adopted as attached.
SECTION 2. Per the Home Rule Charter requirements, the salaries of the unclassified
employees have been fixed by the Parish President and approved by Council as follows:
As required by the Lafourche Parish Home Rule Charter, unclassified Executive Branch
employees’
salaries are set as follows:
POSITION
PARISH ADMINISTRATOR
FINANCE DIRECTOR
PUBLIC WORKS DIRECTOR
COMMUNITY SERVICES
DIRECTOR
GRANTS/ECONOMIC
DEVELOPMENT DIRECTOR
HUMAN RESOURCES
DIRECTOR
HOURLY
RATE
37.49
38.99
28.67
29.81
47.89
49.81
27.29
28.37
35.16
HOURS
WORKED
80
BIWEEKLY
SALARY
2,999.02
3119.20
2,293.60
2,385.34
3,831.42
3,984.80
2,182.84
2,270.15
ANNUAL
SALARY
78.274.32
81,411.12
59,862.96
62,257.48
100,000.00
104,003.28
56,972.12
59,251.01
70
2,461.60
2,560.06
64,247.76
66, 817.67
70
1903.78
1979.93
49,688.66
51,676.17
409,045.82
425,416.73
80
80
80
36.57
27.20
28.28
TOTAL
Head Start employees are also unclassified employees of the Executive Branch; their salaries are
set as follows: WILL REMAIN THE SAME
POSITION
ADMINISTRATIVE ASSISTANT /
POLICY COUNCIL / FACILITIES
MANAGER
HEAD START DIRECTOR
EDUCATION MANAGER
HOURLY
RATE
HOURS
WORKED
BIWEEKLY
SALARY
ANNUAL
SALARY
19.43
70
1,360.10
35,498.61
24.54
21.69
80
80
1,963.20
1,735.20
51,239.52
45,288.72
HEALTH / MENTAL HEALTH /
DISABILITIES MANAGER
NON-FEDERAL SHARE /
VOLUNTEER MANAGER
NUTRITION / MALE
INVOLVEMENT MANAGER
ERESEA / TRANSPORTATION
MANAGER
CENTER DIRECTOR
CHILD OUTCOMES SPEC /
DISABILITIES COORDINATOR
CENTER DIRECTOR
CENTER DIRECTOR
FAMILY INVOLVEMENT SPEC.
FAMILY INVOLVEMENT
COORDINATOR
23.39
70
1,637.30
42,733.53
20.14
70
1,409.80
36,795.78
20.94
70
1,465.80
38,257.38
19.43
70
1,360.10
35,498.61
16.16
80
1,292.80
33,742.08
16.17
80
1,293.60
33,762.96
13.54
15.82
14.04
80
80
80
1,083.20
1,292.80
1,123.20
28,271.52
33,032.16
29,315.52
17.02
80
1,361.60
35,537.76
TEACHER 1
TEACHER 1
13.69
7.90
15.16
10.70
10.45
80
70
80
80
80
1,095.20
553.00
1,212.80
856.00
836.00
28,584.72
14,433.30
31,654.08
22,341.60
21,819.60
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 1
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
10.45
13.07
12.14
12.13
12.46
11.87
15.28
14.07
11.33
10.45
14.39
12.62
11.86
9.01
8.20
9.09
8.43
8.58
8.54
8.20
8.54
7.51
8.85
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
836.00
1,045.60
971.20
970.40
996.80
949.60
1,222.40
1,125.60
906.40
836.00
1,151.20
1,009.60
948.80
720.80
656.00
727.20
674.40
686.40
683.20
656.00
683.20
600.80
708.00
21,819.60
27,290.16
25,348.32
25,327.44
26,016.48
24,784.56
31,904.64
29,378.16
23,657.04
21,819.60
30,046.32
26,350.56
24,763.68
18,812.88
17,121.60
18,979.92
17,601.84
17,915.04
17,831.52
17,121.60
17,831.52
15,680.88
18,478.80
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
TEACHER 2
HS SUBSTITUTE TEACHER
HEAD START BUS DRIVER
BUS MONITOR
BUS MONITOR
BUS MONITOR
BUS MONITOR
FOOD SERVICE TECHNICIAN
HEALTH SPECIALIST
LABORER
TRANSPORTATION ASST.
EARLY CHILDHOOD
INTERVENTION SPECIALIST
TOTAL
8.54
9.63
8.68
7.78
8.55
7.51
7.51
7.61
7.51
7.51
7.51
7.51
17.80
12.50
12.93
80
80
80
80
80
40
40
40
40
40
40
40
65
65
65
683.20
770.40
694.40
622.40
684.00
300.40
300.40
304.40
300.40
300.40
300.40
300.40
1,157.00
812.50
840.45
17,831.52
20,107.44
18,123.84
16,244.64
17,852.40
6,608.80
6,608.80
6,696.80
6,608.80
6,608.80
6,608.80
6,608.80
25,454.00
17,875.00
18,489.90
13.61
65
884.65
19,462.30
7.66
8.20
7.66
7.66
8.74
8.45
8.74
8.74
65
65
65
65
62
60
60
60
497.90
533.00
497.90
497.90
524.40
507.00
524.40
524.40
10,953.60
11,726.00
10,953.80
10,953.80
11,536.80
11,154.00
11,536.80
11,536.80
8.74
8.74
8.74
8.74
8.45
17.91
12.55
12.61
60
60
60
60
60
70
64
70
524.40
524.40
524.40
524.40
507.00
1,253.70
803.20
882.70
11,536.80
11,536.80
11,536.80
11,536.80
11,154.00
32,721.57
20,963.52
23,038.47
22.76
65
1,479.40
32,546.80
1,588,403.61
Community Action employees are also unclassified employees of the Executive Branch their
salaries are set as follows: WILL REMAIN THE SAME AS LISTED BELOW
POSITION
EXECUTIVE DIRECTOR
LIHEAP PROGRAM COORD.
PROGRAM COORDINATOR
PROGRAM COORDINATOR
CACFP COORDINATOR
COMM RESOURCE COORD
TOTAL
HOURLY
RATE
23.46
21.42
12.24
14.57
17.00
11.96
100.65
HOURS
WORKED
80
70
70
70
70
70
430
BIWEEKLY
SALARY
1,840.00
1,470.00
840.00
999.60
1,360.00
821.10
7,330.70
ANNUAL
SALARY
48,984.48
39,134.34
22,362.48
26,611.35
36,205.92
21,859.32
195,157.89
Coroner employees are also unclassified employees of the Executive Branch, the salary is set as
follows:
POSITION
CHIEF MEDICO LEGAL
INVESTIGATOR / ADMIN
MEDICO LEGAL
INVESTIGATOR
MEDICO LEGAL
INVESTIGATOR
ASSISTANT CORONER
CORONER
TOTAL
BIWEEKLY
SALARY
ANNUAL
SALARY
1,514.00
1,567.02
39,536.28
40,899.22
992.60
1,036.27
25,906.86
26,943.13
992.60
1,036.27
294.23
25,906.86
26.943.13
7,679.40
1,923.08
50,192.39
149,221.79
152,657.27
SECTION 3. If any provision or item of this ordinance or the application thereof is held invalid,
such invalidity shall not affect other provisions, items of this ordinance which can be given
affect without the invalid provisions, items or application, and to this end the provisions of this
ordinance are declared severable.
SECTION 4. All Ordinance or parts of Ordinances by the Lafourche Parish Council conflicting
with or inconsistent with the provisions of these regulations are hereby repealed.
SECTION 5. This Ordinance shall be published in the Official Journal of the Lafourche Parish
SECTION 6. A certified copy of this Ordinance shall be forwarded to the Office of the Parish
Administrator, the Department of Human Resources, and the Lafourche Parish Finance
Department.
by sections at a public meeting of said council, was then submitted to an official vote as a
whole, the vote thereon being as follows:
YEAS:
NAYS:
ABSENT:
NOT VOTING:
SECTION 8. This Ordinance shall become effective January 1, 2014.
__________________________________
______________________________________
_______________, 2014, at _____, __.m.
VETOED: ___________
________________________
____________________, 2014, at _____, __.m.
I, CARLEEN B. BABIN, Council Clerk for the Lafourche Parish Council, do hereby certify that
the foregoing is a true and correct copy of Ordinance No._____, enacted by the Assembled
Council in Regular Session on _______________, at which meeting a quorum was present, and
was finally adopted on ____________________.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS _____, DAY
OF _______________, 2014.
_________________________________________
convened on _______________.
PROPOSED ORDINANCE
ORDINANCE NO. _______________
ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN
LAFOURCHE PARISH GOVERNMENT AND BOLLINGER
SHIPYARDS LOCKPORT, LLC FOR A BOAT MODEL OF A 207’
OFFSHORE SUPPLY VESSEL TITLED M/V MS. SARA JANE
AND AUTHORIZING THE PARISH PRESIDENT TO SIGN,
EXECUTE AND ADMINISTER SAID LEASE AGREEMENT AND
ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, Bollinger Shipyards Lockport, LLC does hereby agree to lease to
the Parish a boat model of a 207’ Offshore Supple Vessel titled M/V Ms. Sara Jane for
display in its Mathews Office; and
WHEREAS, said agreement is good for a term of one (1) year commencing on
January 1, 2014 and terminating on December 31, 2014; and
WHEREAS, said agreement may be renewed for three (3) additional one (1) year
periods and shall be automatically extended or renewed beyond the primary term unless
Lessee provides written notice of cancellation to Bollinger Shipyards Lockport, LLC not
less than thirty (30) days prior to the expiration of the primary term or prior to the
expiration of any extended term; and
WHEREAS, this ordinance was sponsored for Administration by Mr. Lindel
Toups, Councilman, District 6; and
WHEREAS, it is recommended by the Administration of the Lafourche
Parish Government that the Council approves a Lease Agreement between
Lafourche Parish Government and Bollinger Shipyards Lockport, LLC for a boat
model of a 207’ Offshore Supply Vessel titled M/V Ms. Sara Jane and
authorizing the Parish President to sign, execute and administer said lease agreement and
any and all relevant documents.
in Regular Session on _______________, and hereby approves a Lease Agreement
between Lafourche Parish Government and Bollinger Shipyards Lockport, LLC for a
boat model of a 207’ Offshore Supply Vessel titled M/V Ms. Sara Jane and authorizing
the Parish President to sign, execute and administer said lease agreement and any and all
relevant documents.
forwarded to the Bollinger Shipyards Lockport, LLC, P.O. Box 250, Lockport, LA
70374; Office of Risk Management, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
NOT VOTING:
SECTION 5. This Ordinance shall become effective immediately.
__________________________________
______________________________________
_______________, 2014, at _____, __.m.
VETOED: ____________
________________________
____________________, 2014, at _____, __.m.
DAY OF _______________, 2014.
_________________________________________
LEASE AGREEMENT
BETWEEN PARISH OF LAFOURCHE
AND BOLLINGER SHIPYARDS LOCKPORT, L.L.C.
THIS LEASE AGREEMENT is entered into effective the 1st day of January,
2014, regardless of the date on which this agreement is actually signed, by and
between:
PARISH OF LAFOURCHE, a governmental subdivision, with its principal place of
business in the Parish of Lafourche, Louisiana, with the current mailing address of 402
Green Street, P.O. Drawer 5548, Thibodaux, LA 70302, represented herein by Charlotte
A. Randolph, as its duly authorized agent, (hereinafter referred to as “Lessee” or a
single person of the masculine gender, whether one or more); and
BOLLINGER SHIPYARDS LOCKPORT, L.L.C., a Louisiana limited liability
company domiciled in the Parish of Lafourche, Louisiana, with the current mailing
address of Post Office Box 250, Lockport, LA 70374, represented herein by Craig
Roussel, as its Chief Administrative Officer/Vice-President, (hereinafter referred to as
“Bollinger” or “Lessor”);
who mutually contract and agree that:
WHEREAS, Bollinger is the Owner of a boat model of a 207’ Offshore Supply
Vessel titled M/V MS. SARA JANE. The model is a full hull, reproduced to high detail in
all respects and is mounted to an oak hardwood base under a glass case (“hereinafter
“Model”).; and
WHEREAS, Lessee desires to lease the Model from Bollinger for display in its
offices;
NOW THEREFORE, the parties mutually agree and contract as follows:
Bollinger agrees to lease Model to Lessee under the following conditions, to wit:
I.
PROPERTY
For and in consideration of the agreements, stipulations and covenants herein
contained, Bollinger hereby leases to Lessee, for the purposes herein stated, the Model.
II.
TERM
This Lease is for a primary term of one (1) year, commencing on the 1st day of
January, 2014 and terminating on the 31st day of December, 2014, provided, however,
that Lessee shall have the right and option to renew and extend this Lease for three (3)
Parish of Lafourche Model Lease
January, 2014
Page 1 of 3
additional one (1) year periods upon the terms and conditions contained herein. Said
renewals and extensions shall take effect automatically unless Lessee provides written
notice of cancellation to Bollinger not less than thirty (30) days prior to the expiration of
the primary term or prior to the expiration of any extended term.
Both Bollinger and Lessee shall have the right to cancel this Lease at any time with
written notice.
III.
USE OF PROPERTY
Lessee may use the Model to display in its offices located at 4876 Highway 1,
Mathews, LA 70375. Violation of any provision of this Lease not cured within thirty (30)
days following Lessee’s receipt of notice describing the alleged violation shall effect
immediately cancellation of this Lease, at the option of Bollinger.
IV.
MAINTENANCE AND CONDITION OF LEASED PREMISES
Lessee originally accepted the condition of the Model in good condition on
January _____, 2014. Lessee agrees to keep the Model in such condition during the
term of the Lease at its expense and to return the Model to Bollinger in the same
condition at the termination of the Lease. Any damage to the Model during the Lease
term shall be repaired at the sole expense of Lessee.
V.
NOTICES
Copies of notices required by this Lease to be given by Lessee to Bollinger or to be
given to Lessee by Bollinger shall be in writing and shall be delivered in person or sent by
certified mail, return receipt requested, to the designated representative of either:
Craig P. Roussel
P.O. Box 250
Lockport, LA 70374
Phone: (985) 532-2554
Fax: (985) 532-7225
Notices to Lessee shall be addressed to:
P.O. Drawer 5548
Thibodaux, LA 70302
Phone: (985) 446-8427
Fax: (985) 446-3528
January, 2014
Page 2 of 3
with a copy to:
Kim Theriot-Smith
P.O. Box 250
Lockport, LA 70374
VI.
CONTROLLING LAW
This Agreement shall be construed and enforced in accordance with the laws of the
State of Louisiana.
VII.
MISCELLANEOUS
(a) The captions inserted in this Lease are for convenience only and in no way
define, limit, or otherwise describe the scope or intent of this Lease, or any provision
hereof, or in any way affect the interpretation of this Lease.
(b)
This Lease may not be altered, changed or amended except by an
instrument in writing signed by both parties hereto.
(c)
If any clause or provision of this Lease is determined to be illegal, invalid or
unenforceable under present or future laws effective during the term of this Lease, then
and in that event, it is the intention of the parties hereto that the remainder of this Lease
shall not be affected thereby, and it is also the intention of the Parties to this Lease that in
lieu of each clause or provision of this Lease that is determined to be illegal, invalid or
unenforceable, there be added as a part of this Lease a provision similar in terms to such
illegal, invalid or unenforceable clause or provisions as may be possible and be legal,
valid and enforceable.
IN WITNESS WHEREOF, Lessee has executed this Lease on the ____ day of
_______________, 2014.
WITNESSES:
PARISH OF LAFOURCHE
_________________________
By: ___________________________
Parish President
_________________________
IN WITNESS WHEREOF, BOLLINGER SHIPYARDS LOCKPORT, L.L.C. has
executed this Lease on the _____ day of _________________, 2014.
WITNESSES:
BOLLINGER SHIPYARDS LOCKPORT, L.L.C.
__________________________
By: ____________________________
Craig P. Roussel
Its CAO/VP
__________________________
January, 2014
Page 3 of 3
convened on _______________.
PROPOSED ORDINANCE
The following ordinance, having been previously introduced and published, was offered
for final adoption by _______________, seconded by _______________.
ORDINANCE NO. _______________
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-36
OF THE LAFOURCHE PARISH CODE OF ORDINANCES TO CHANGE
THE POLLING LOCATION FOR WARD 5-PRECINCT 1, WARD 5PRECINCT 1A, AND WARD 5-PRECINCT 1B (THE OPPORTUNITY
PLACE- NORTH CAMPUS TO ST. JOHN CATHOLIC CHURCH HALL),
TO FURTHER ESTABLISH THE EFFECTIVE DATE OF SAME, AND
AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE AND
ADMINISTER ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, it has been brought to the attention of Administration that the current
Polling Location of Ward 5-Precinct 1, Ward 5-Precinct 1A, and Ward 5-Precinct 1B (currently
located at The Opportunity Place-North Campus) requires changing due to the building no longer
being available for use; and
WHEREAS, the new location that has been established for Ward 5-Precinct 1, Ward 5Precinct 1A, and Ward 5-Precinct 1B voters is as follows: St. John Catholic Church Hall, 2085
St. Mary Street, Thibodaux, LA 70301; and
WHEREAS, it is in the best interest of the registered voters that the Secretary of State be
notified of these changes for future elections; and
WHEREAS, the location of Polling Precinct 5-1, 5-1A, and 5-1B is hereby changed to
St. John Catholic Church Hall, 2085 St. Mary Street, Thibodaux, LA 70301; and
WHEREAS, this ordinance was sponsored for Administration by Mr. Michael Delatte,
Councilman, District 2; and
Government that the council amend Chapter 2, Article II, Section 2-36 of the Lafourche
Parish Code of Ordinances to change the Polling location for Ward 5-Precinct 1, Ward
5-Precinct 1A, and Ward 5-Precinct 1B (The Opportunity Place- North Campus to St.
John Catholic Church Hall), to further establish the effective date of same, and authorize
the Parish president to sign, execute and administer any and all relevant documents.
THEREFORE BE IT ORDAINED, that the Lafourche Parish Council convened in
regular session on
, that:
SECTION 1. That upon receipt of any correspondence from the Secretary of State, Department
of Elections or Department of Justice, the Council Clerk shall forward said correspondence to the
Office of the Parish President and Parish Administrator.
SECTION 2. The location of Polling Precinct 5-1, 5-1A and 5-1B is hereby changed to St. John
Catholic Church Hall, 2085 St. Mary Street, Thibodaux, LA 70301 effective February 12, 2014.
SECTION 3. A certified copy of this Ordinance shall be forwarded to the Louisiana Secretary of
State, Department of Elections; U.S. Department of Justice; Lafourche Parish Registrar of
Voters; Lafourche Parish Clerk of Court; MUNICODE; St. John Catholic Church Hall,
Lafourche Parish Government Department of Buildings and Maintenance, and the Office of the
Parish Administrator.
SECTION 4. If any provision or item of this ordinance or the application thereof is held invalid,
such invalidity shall not effect other provisions, items or applications of this ordinance which can
be given affect without the invalid provisions, items or application, and to this end the provisions
of this ordinance are declared severable.
SECTION 5. All Ordinances by the Lafourche Parish Council conflicting with or inconsistent
with the provisions of these regulations are hereby repealed.
SECTION 6. This Ordinance shall be published in the Official Journal of the Lafourche Parish
by sections at a public meeting of said council, was then submitted to an official vote as a whole,
the vote thereon being as follows:
YEAS:
NAYS:
ABSENT:
NOT VOTING:
___________________________________
______________________________________
_______________, 2014, at _____, __.m.
VETOED: ____________
________________________
____________________, 2014, at _____, __.m.
the foregoing is a true and correct copy of Ordinance No._____, enacted by the Assembled
Council in Regular Session on _______________, at which meeting a quorum was present, and
was finally adopted on ____________________.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS _____, DAY
OF _______________, 2014.
_________________________________________
convened on _______________.
PROPOSED ORDINANCE
ORDINANCE NO. _______________
ORDINANCE AMENDING ORDINANCE NO. 5018 AND
APPROVING AMENDMENT NO. 1 TO THE LEASE
AGREEMENT BETWEEN ST. JOHN CATHOLIC CHURCH
HALL
(OWNER/LESSOR)
AND
LAFOURCHE
PARISH
GOVERNMENT (PARISH) DELETING WARD 1-PRECINCT 1A
AND ADDING WARD 5-PRECINCT 1, WARD 5-PRECINCT 1A
AND WARD 5-PRECINCT 1B VOTERS TO USE THE PREMISES
LOCATED AT 2085 ST. MARY STREET, THIBODAUX, LA 70301
FOR USE AS A POLLING PLACE AND AUTHORIZING THE
PARISH PRESIDENT TO SIGN, EXECUTE AND ADMINISTER
SAID AMENDMENT AND ANY AND ALL RELEVANT
DOCUMENTS.
WHEREAS, Lafourche Parish Government and St. John Catholic Church Hall
entered into a Lease Agreement pursuant to Ordinance No. 5018, signed by the Parish
President on September 27, 2011, and recorded in the Lafourche Parish Courthouse under
Inst Number: 1121170, Book: 1876, Page: 874; and
WHEREAS, said current lease agreement gives the Parish the exclusive use of
the leased premises for each election held in and involving Ward 1-Precinct 1 and Ward
1- Precinct 1A; and
WHEREAS, Lafourche Parish Government and St. John Catholic Church Hall
now wish to amend the Lease Agreement to delete Ward 1- Precinct 1A (which no longer
exists) and also to add Ward 5-Precinct 1, Ward 5-Precinct 1A and Ward 5-Precinct 1B
voters; and
WHEREAS, this ordinance was sponsored for Administration by Mr. Michael
Delatte, Councilman, District 2; and
Government that the Council approves an Ordinance amending Ordinance No. 5018
and approves Amendment No. 1 to the lease agreement between St. John Catholic
Church Hall (Owner/Lessor), and Lafourche Parish Government (Parish) deleting
Ward 1-Precinct 1A and adding Ward 5-Precinct 1, Ward 5-Precinct 1A and Ward
5-Precinct 1B Voters to use the premises located at 2085 St. Mary Street, Thibodaux, LA
70301 and authorizes the Parish President to sign, execute and administer said
amendment and any and all relevant documents.
in Regular Session on _______________, and hereby approves an Ordinance amending
Ordinance No. 5018 and approves Amendment No. 1 to the lease agreement between St.
John Catholic Church Hall (Owner/Lessor), and Lafourche Parish Government (Parish)
deleting Ward 1-Precinct 1A and adding Ward 5-Precinct 1, Ward 5-Precinct 1A and
Ward 5-Precinct 1B Voters to use the premises located at 2085 St. Mary Street,
Thibodaux, LA 70301 and authorizes the Parish President to sign, execute and administer
said amendment and any and all relevant
forwarded to St. John Catholic Church Hall; Secretary of State, Department of Elections;
U.S. Department of Justice; Lafourche Parish Registrar of Voters; Lafourche Parish Clerk
of Court; Lafourche Parish Government Department of Finance, Buildings and
Maintenance, Office of Risk Management, and the Office of the Parish Administrator;
and
SECTION 1. That upon receipt of any correspondence from the Secretary of State,
Department of Elections or Department of Justice, the Council Clerk shall forward said
correspondence to the Office of the Parish President and Parish Administrator.
YEAS:
NAYS:
ABSENT:
NOT VOTING:
__________________________________
______________________________________
_______________, 2014, at _____, __.m.
VETOED: ____________
________________________
____________________, 2014, at _____, __.m.
DAY OF _______________, 2014.
_________________________________________
FIRST AMENDMENT TO THE LEASE AGREEMENT
BETWEEN LAFOURCHE PARISH GOVERNMENT AND
ST. JOHN CATHOLIC CHURCH HALL
This First Amendment is made and entered into this ____day of _______, 2014, by and
between Lafourche Parish Government and St. John Catholic Church Hall;
WHEREAS, Lafourche Parish Government and St. John Catholic Church Hall entered
into a Lease Agreement pursuant to Ordinance No. 5018, signed by the Parish President on
September 27, 2011, and recorded in the Lafourche Parish Courthouse under Inst Number:
1121170, Book: 1867, Page: 874; and
WHEREAS, Lafourche Parish Government and St. John Catholic Church Hall now wish
to amend the Lease Agreement to delete Ward 1-Precinct 1A (which no longer exists) and to
include Ward 5-Precinct 1, Ward 5-Precinct 1A and Ward 5-Precinct 1B Voters; and
NOW, THEREFORE in consideration of these premises, and for good and valuable
consideration, Lafourche Parish Government and the St. John Catholic Church Hall hereby agree
that section 5 of the current lease agreement be amended as follows:
5.
LEASED POLLING PLACE PREMISES REQUIREMENTS:
The LESSOR/OWNER shall give the PARISH the exclusive use of the leased
premises for each election held in and involving Ward/district/precinct Ward 1,
Precinct 1 & Ward 1, Precinct 1A, and Ward 5-Precinct 1, Ward 5-Precinct
1A, and Ward 5-Precinct 1B or any parts thereof. The PARISH is authorized to
use and occupy the LEASED POLLING PLACE PREMISES on such election
days. Additionally, the OWNER/LESSOR agrees that the LEASED POLLING
PLACE PREMISES SHALL BE EQUIPPED WITH THE FOLLOWING:
(i)
sanitary facilities
(ii)
proper electric current, fixtures, and outlets necessary to Voting
Machines and conduct the election; and
(iii)
meet the requirements for accessibility for individuals with
disabilities.
Except as expressly modified herein, all terms and conditions of the September 27, 2011
Lease Agreement entered into between Lafourche Parish Government and St. John Catholic
Church Hall shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this amendment in multiple
copies, each of which shall be deemed to be an original, as of the date and year first written in
this Contract.
WITNESSES:
ST. JOHN CATHOLIC CHURCH HALL
__________________________
By: ______________________________________
REV. MICHAEL BERGERON
__________________________
WITNESSES :
LAFOURCHE PARISH GOVERNMENT
___________________________
___________________________
By: ______________________________________
CHARLOTTE A. RANDOLPH
PARISH PRESIDENT
On motion by
was introduced and adopted:
, seconded by
, the following resolution
RESOLUTION NO.
RESOLUTION REQUESTING COASTAL ZONE MANAGEMENT TO
PROVIDE A COPY TO THE COUNCIL OF EVERY GATED CANAL IN THE
PARISH AND TO ALSO STATE THE LOCATION OF EACH OF THE GATES
REGARDLESS IF IT WAS PERMITTED OR NOT BY COASTAL ZONE.
WHEREAS, it is the duty upon oath that the Governing Authority and State Officials address
concerns dealing with the general health, safety and welfare of the citizens and said resolution satisfies
this criteria; therefore
BE IT RESOLVED,
by the Lafourche Parish Council convened in regular session on
, that it does hereby request Coastal Zone Management to provide a copy to
the Council of every gated canal in the Parish and to also state the location of each of the gates
regardless if it was permitted or not by Coastal Zone.
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded
to the Office of Coastal Zone Management and the Office of the Parish Administrator.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS:
NAYS:
ABSENT:
And this Resolution was declared adopted this
day of
.
___________________________________
**********
, adopted by the Assembled Council
foregoing is a true and correct copy of Resolution No.
in Regular Session on
, at which meeting a quorum was present.
.
DAY OF
On motion by ____________, seconded by ___________, the following resolution was
introduced and adopted:
RESOLUTION NO. _____
RESOLUTION APPROVING CHANGE ORDER NO. ONE (1) TO THE
PROJECT
ENTITLED
“DELTA
WOODS
DRAINAGE
IMPROVEMENTS” WHICH DECREASES THE CONSTRUCTION
CONTRACT PRICE BY $2,284.70 AND AUTHORIZING THE PARISH
PRESIDENT TO SIGN, EXECUTE, AND ADMINISTER SAID CHANGE
ORDER AND ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, this Change Order is prepared in order to adjust quantities to the actual
units of work constructed in the field and to raise/adjust the tops of three catch basins recently
installed by the Contractor which will allow for a flatter transition to existing grade along the
cross slope to assist with future maintenance within the exiting Parish easement; and
WHEREAS, the project cost will decrease by this Change Order in the amount of
$2,284.70 for a new contract price totaling $517,230.30; and
WHEREAS, said Change Order No. 1 from Byron E. Talbot Contractor has been
reviewed and recommended by the Project Engineer, Duplantis Design Group; and
WHEREAS, this resolution was sponsored for Administration by Mr. Jerry LaFont
Government that the Council approve Change Order No. 1 to the project entitled “Delta
Woods Drainage Improvements” which decreases the construction contract price by
$2,284.70 and authorizing the Parish President to sign, execute, and administer said
Change Order and any and all relevant documents.
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council,
convened in regular session on January 28, 2014, and does hereby approve Change Order No. 1
to the project entitled “Delta Woods Drainage Improvements” which decreases the construction
contract price by $2,284.70 and authorizing the Parish President to sign, execute, and administer
said Change Order and any and all relevant documents.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be
forwarded to Hunt, Guillot, & Associates, LLC, c/o Bonnie Lafont, 1340 Poydras, Suite 1810,
New Orleans, Louisiana 70112; Joseph Picciola II, P.E., P.L.S., Picciola and Associates, Inc.,
P. O. Box 687, Cut Off, Louisiana 70345; Kainen LeBlanc, Duplantis Design Group, 314 East
Bayou Road, Thibodaux, Louisiana 70301; Byron E. Talbot, Byron E. Talbot Contractor, P. O.
Box 5658, Thibodaux, Louisiana 70302, Lafourche Parish Government Finance Department,
Department of Grants and Economic Development, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted this _____ day of _______________.
_________________________________
_____________________________________
**********
the foregoing is a true and correct copy of Resolution No. _____, adopted by the Assembled
Council in Regular Session on ______________, at which meeting a quorum was present.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS _____ DAY OF
_______________.
___________________________________
On motion by ____________, seconded by ______________, the following resolution was
introduced and adopted;
RESOLUTION NO. ____
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1
TO THE ENTITY/STATE AGREEMENT BETWEEN LOUISIANA
DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
(DOTD) AND LAFOURCHE PARISH GOVERNMENT (ENTITY) FOR
ROAD SAFETY IMPROVEMENTS (ROADWAY DEPARTURE
SIGNING) ON CHOCTAW ROAD IN LAFOURCHE PARISH,
LOUISIANA AND AUTHORIZING THE PARISH PRESIDENT TO
SIGN, EXECUTE AND ADMINISTER ANY AND ALL RELEVANT
DOCUMENTS.
WHEREAS, the DOTD and the Entity previously entered into a formal agreement,
approved by Resolution No. 13-333 and dated October 25, 2013 to purchase and install
regulatory and warning signs and flashing solar beacons along Choctaw Road in Lafourche
Parish; and
WHEREAS, it is necessary to amend the Agreement to reflect the funds have been
increased from $13,000 to $18,000; and
WHEREAS, Services to be performed by the Entity shall be the procurement and
installation of regulatory and warning signs, flashing solar beacons and steel posts as listed
under description and quantity in attached Supplemental Agreement No. 1; and
WHEREAS, the costs of this project will be a joint participation between the entity and
the U.S. Department of Transportation, hereinafter “USDOT”, with the USDOT contributing,
through the DOTD, 100% of the purchase costs of materials and the Entity contributing 100%
of the installation costs. The USDOT will provide a maximum amount of $18,000.00 using
Highway Safety Transfer funds. The Entity may, however, incorporate items of work into the
project not eligible for Federal-Aid participation at its own costs; and
WHEREAS, this Resolution was sponsored for Administration by Mr. Michael
Delatte, Councilman, District 2; and
Government that the Council approve Supplemental Agreement No. 1 to the
Entity/State Agreement between Louisiana Department of Transportation and
Development (DOTD) and Lafourche Parish Government (Entity) for road safety
improvements (Roadway Departure Signing) on Choctaw Road in Lafourche Parish,
Louisiana and authorizes the Parish President to sign, execute, and administer any and all
relevant documents.
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council convened in
regular session on January 28, 2014, and does hereby approve Supplemental Agreement No. 1
to the Entity/State Agreement between Louisiana Department of Transportation and
Development (DOTD) and Lafourche Parish Government (Entity) for road safety
improvements (Roadway Departure Signing) on Choctaw Road in Lafourche Parish, Louisiana
and authorizes the Parish President to sign, execute, and administer said amendment and any
forwarded to State of Louisiana DOTD (Attn: Alan A. Dale), P.O. Box 94245, Baton Rouge,
LA 70804-9245, the Lafourche Parish Government Department of Public Works, Department
of Finance, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted this
day of _________________, 2014.
________________________________
______________________________________
**********
I, CARLEEN B. BABIN Council Clerk for the Lafourche Parish Council, do hereby certify that the
foregoing is a true and correct copy of Resolution No.
adopted by the Assembled
Council in Regular Session on
, at which meeting a quorum was present.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS ______, DAY OF
__________ 2014.
_______________________________________
RESOLUTION
APPROVING
A
COOPERATIVE
ENDEAVOR
AGREEMENT BETWEEN LAFOURCHE PARISH GOVERNMENT AND
THE SOUTH LOUISIANA ECONOMIC COUNCIL (SLEC) FOR THE
2014 MEMBERSHIP DUES IN THE AMOUNT OF $25,000 AND
AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE AND
ADMINISTER ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, the Lafourche Parish Government is a political subdivision of the State of
Louisiana and South Louisiana Economic Council (SLEC) a non-profit 501 (c) (3) corporation
are desirous of continuing the overall economic development of Lafourche Parish; and
WHEREAS, the aforementioned parties realize their common interest relating to
economic development; partner for the betterment of our citizens to create new jobs; promote
industry growth and job retention with businesses located or looking to locate in Lafourche
Parish; provide numerous programs through SLEC to assist our citizens with their business
development needs; and have State governmental agencies provide industry, development, and
workforce information to our citizens through SLEC; and
WHEREAS, a Cooperative Endeavor Agreement between Lafourche Parish Government
and the South Louisiana Economic Council for 2014 membership dues in the amount of
$25,000.00 has been prepared and reviewed by the staff of all parties and is now ready for
execution by the Parish President and SLEC official; and
WHEREAS, this resolution was sponsored for Administration by Mr. John Arnold,
Parish Government that the Council approve a Cooperative Endeavor Agreement
between Lafourche Parish Government and South Louisiana Economic Council
(SLEC) for the 2014 membership dues in the amount of $25,000 and authorizing the
Parish President to sign, execute and administer any and all relevant documents.
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council, convened in
regular session on January 28, 2014, and does hereby approve a Cooperative Endeavor
Agreement between Lafourche Parish Government and South Louisiana Economic Council
(SLEC) for the 2014 membership dues in the amount of $25,000 and authorizing the Parish
President to sign, execute and administer any and all relevant documents.
forwarded to South Louisiana Economic Council, P. O. Box 2048 – NSU, Thibodaux, Louisiana
70310; Lafourche Parish Department of Finance; Department of Grants & Economic
Development, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted this _____ day of ______________, 2014.
_________________________________
_____________________________________
**********
______________, 2014.
___________________________________
COOPERATIVE ENDEAVOR AGREEMENT
WHEREAS, the PARISH OF LAFOURCHE (“PARISH”), a political subdivision of
the State of Louisiana and SOUTH LOUISIANA ECONOMIC COUNCIL (“SLEC”), a nonprofit 501 (c) (3) corporation duly authorized under the laws of the State of Louisiana to do
business in the Parish of Lafourche, State of Louisiana; and
WHEREAS, PARISH and SLEC are desirous of fostering community and economic
growth and prosperity within the Parish of Lafourche and the Bayou Region; and
WHEREAS, the aforementioned parties are desirous that a partnership be formed by and
between themselves as a demonstration of their common interest for advancing economic
development on both a parish and regional level; and
NOW THEREFORE, IT IS AGREED by and between the aforementioned parties
that:
1. The transfer of funds from the PARISH to SLEC is for FY 2014 whose purpose is to
provide Lafourche’s industrial development efforts and public-private sector funding
alternatives pertinent to SLEC’s regional economic development operations.
2. The transfer of funds from the PARISH to SLEC shall not be used to support
passage of a specific tax.
3. SLEC hereby recognizes the need for cooperative relationships with the Lafourche
Parish Government and its council, all parish municipalities, Chambers of Commerce
and other entities interested in industrial development, and shall work in cooperation
with these representatives to accomplish the overall economic development program.
4. As consideration for the performance of the services specified in this Cooperative
Endeavor, the PARISH agrees to remit to SLEC, as membership dues, the sum of
TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) upon execution of this
agreement and upon availability of funds
[Remainder of page intentionally blank]
THUS DONE AND SIGNED this ____day of __________________, 2014 in the presence of the
undersigned competent witnesses.
WITNESSES:
________________________
________________________________
Parish President
________________________
Print Name
______________________________
________________________
Print Name
THUS DONE AND SIGNED this ___day of ___________________, 2014 in the presence of the
undersigned competent witnesses.
WITNESSES:
SOUTH LOUISIANA ECONOMIC COUNCIL
___________________________
___________________________
Vic Lafont
SLEC President/CEO
___________________________
Print Name
___________________________
___________________________
Print Name
[Remainder of page intentionally blank]
On a motion by _____________, seconded by _______________, the following
resolution was introduced and adopted:
RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN WARREN J.
HARANG, JR. MUNICIPAL AUDITORIUM, HEREIN CALLED “LESSOR,”
AND LAFOURCHE PARISH GOVERNMENT OFFICE OF COMMUNITY
ACTION, HEREIN CALLED “LESSEE,” FOR QUARTERLY COMMODITY
DISTRIBUTION IN 2014 AND AUTHORIZING THE PARISH PRESIDENT TO
SIGN, EXECUTE AND ADMINISTER SAID LEASE AGREEMENT AND ANY
AND ALL RELEVANT DOCUMENTS.
WHEREAS, the Warren J. Harang, Jr. Municipal Auditorium will lease the
Auditorium’s Plantation Room to Lafourche Parish Government Office of Community Action
for the year 2014 as agreed upon in the proposed lease agreement; and
WHEREAS, commodities are designed to assist residents of Lafourche Parish with all
essential food items to provide healthy, balanced meals for their families; and
WHEREAS, the Parish of Lafourche serves as fiscal agent for said lease agreement
under the direction of the Department of Community Services and the Office of Community
Action; and
WHEREAS, charges associated with this lease agreement are payable through the CSBG
Funds (Fund 150); and
WHEREAS, this resolution was sponsored for Administration by Mr. Aaron Caillouet,
Government that the Council approve the lease agreement offered by the Warren J. Harang,
Jr. Municipal Auditorium for commodities distribution for the year 2014 in accordance
with State requirements and subject to recommendations of the Department of Community
Services/Office of Community Action; and does hereby authorize the Parish Present to
sign, execute, and administer said lease agreement and any and all relevant documents; and
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council, convened in
regular session on January 28, 2014, and does hereby approve the lease agreement offered by the
Warren J. Harang, Jr. Municipal Auditorium for commodities distribution for the year 2014 in
accordance with State requirements and subject to recommendations of the Department of
Community Services/Office of Community Action; and does hereby authorize the Parish
President to sign, execute, and administer said lease agreement and any and all relevant
documents.
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be
forwarded to Warren J. Harang, Jr. Municipal Auditorium, P.O. Box 5418, Thibodaux, LA
70302; Lafourche Parish Dept. of Community Services; Office of Risk Management; Finance
Dept.; and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted this _____ day of _______________, 2014.
______________________________
________________________________________
*******
I, CARLEEN B. BABIN, Council Clerk for the Lafourche Parish Council, does hereby certify
that the foregoing is a true and correct copy of ________________, adopted by the Assembled
Council in Regular Session on ___________, at which meeting a quorum was present.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS ____ DAY OF
_____________, 2014.
________________________________________
LEASE AGREEMENT
WARREN J. HARANG, JR. MUNICIPAL AUDITORIUM
THIS AGREEMENT, made and entered between the Warren J. Harang, Jr. Municipal
Auditorium, herein called "Lessor" and Lafourche Parish Government Office of Community
Action herein called "Lessee".
WITNESSETH
1. USE OF PREMISES.
(a) For and in consideration for the rent and charges hereinafter specified to be paid by
Lessee, the Lessor does grant to the Lessee the use of the following facilities in and
around the Warren J. Harang, Jr. Municipal Auditorium:
Main Arena
_X_
Plantation Room
Thibodaux Room
and for no other purpose whatsoever without the written consent of Lessor endorsed on this
leased space shall be as follows:
EVENT: Commodity Distribution
TIME & DATE: 10:00AM - 3:00PM, quarterly for the year 2014.
(b) Lessor reserves the right to lease unused portions of the Warren J. Harang, Jr. Municipal
Auditorium during the same period. The Lessee may reserve exclusive rights to the entire
building for additional compensation.
Reservation of the entire building must be
confirmed and agreed to prior to the execution of this agreement.
(c) The Warren J. Harang, Jr. Municipal Auditorium will lease the Plantation Room to
Lafourche Parish Government Office of Community Action which will be used quarterly
for the year 2014.
2. RENTAL, DEPOSIT AND LIQUIDATED DAMAGES.
Lessee agrees to pay Lessor as rent for said space:
(a) Plantation Room Rental: N/C
(b) Rental Overtime: N/C
(c) Use of Dumpster: $350.00
(d) Custodian: $25.00 per hour for EVERY hour Lessee occupies the Warren J. Harang. Jr.
Municipal Auditorium beyond normal working hours; to be billed after the event.
(e) Tables: N/C
PYROTECHNICS ANDIOR SMOKE MACHINES ARE PROHIBITED
IN THE WARREN J. HARANG, JR. MUNICIPAL AUDITORIUM.
I FULLY UNDERSTAND THAT PYROTECHNICS ANDIOR SMOKE MACHINES ARE
PROHIBITED AND AGREE THAT A FINE OF $500.00 SHALL BE ASSESSED TO ME FOR ANY
USE OF EITHER PYROTECHNICS OR SMOKE MACHINES IN THE WARREN J. HARANG, JR.
MUNICIPAL AUDITORIUM. (INITIAL
)
Lessee agrees to pay rental deposit in the amount of N/C to be paid upon execution of this
agreement. Balance payable no later than two weeks (14 days) following the event. Lessee
also agrees to make additional deposits with Lessor on written notice or to Lessor's representative
at the Warren J. Harang, Jr. Municipal Auditorium of such sums as are necessary to cover those
costs which Lessor would encounter on behalf of Lessee in relation to the event. Lessor agrees that
such demand will not be made more than thirty (30) days prior to opening day of event.
AGREEMENT
CONTINUES.
(2 out of 6 pages)
RENTAL CONTINUES. The amount paid on execution and delivery of this instrument, shall be
forfeited in favor of Lessor, as liquidated damages, if Lessee shall, for any reason whatsoever,
cancel this contract within ninety (90) days prior to its commencement date, as above set forth. In
the event of any cancellation by Lessee, regardless of notice given, Lessor shall be reimbursed for
any and all expenditures undertaken by Lessor on Lessee's behalf, in addition to the liquidated
damages provided above.
3.
INSURANCE. Lessee agrees to obtain its own expense and to keep in full force and effect
during the use or occupancy of the leased premises the following insurance policies with a
company authorized to do business in Louisiana;
CERTIFICATE OF INSURANCE.
Comprehensive General Liability:
Bodily injury (each occurrence) - $1,000,000.00
Property Damage (each occurrence) - $50,000.00
The comprehensive general liability coverage is to include contractual liability applicable to the
indemnification provisions of this lease and a waiver of subrogation by the insurer in favor of the
Lessor.
THE CITY OF THIBODAUX/THIBODAUX
WARREN J. HARANG, JR. MUNICIPAL
AUDITORIUM LOCATION shall be named as an additional insured for all coverage. Ten (10)
days prior to the commencement of occupancy the Lessee shall furnish the Lessor with a certificate
of insurance as evidence that the required coverage is in effect.
The Certificate of Insurance Endorsement shall state the following: "The Certificate Holder is
included as an additional insured and a Waiver of Subrogation is granted in favor of Certificate
Holder."
"If the event continues past 12:00 a.m. at the location named on the declaration page, such
continuation shall be considered as the event date. Event includes set up and breakdown or clean
up and any rehearsal scheduled within 48 hours ofthe event. Set up and breakdown or clean up
means decorating or removal of decorations at the event location that occurs no more than 24 hours
prior to the event or no more than 24 hours after the event".
The Certificate Holder shall be listed as: "The City of Thibodaux, Warren J. Harang Jr. Municipal
Auditorium; 310 North Canal Blvd.; Thibodaux, Louisiana 70301"
4.
UTILITIES & EQUIPMENT.
The rental includes the on-site electric lights; heat/or air
conditioning and equipment customarily provided by the Lessor and determined necessary by
the Lessor for the presentation of the event. Lessor shall not be liable for failure to furnish any
of the foregoing when such failure is caused by conditions beyond the control of the Lessor,
including but not limited to acts of God, accidents, repairs or strikes. Such failure shall not
constitute an eviction nor shall Lessor be liable, under any circumstances, for loss of or injury
to, property, however occurring, through or in connection with or incidental to the furnishing
of or failure to furnish any of the utilities provided by this paragraph, or for any interruption to
Lessee's business, however occurring.
S. SETUP. The rental and setup fees include setup of facilities as customarily provided by the
Warren J. Harang, Jr. Municipal Auditorium. It does not include stagehands, guards, police
and firemen, doormen, ticket sellers, ushers, porters, electricians, carpenters, decorators.
AGREEMENT CONTINUES.
(3 out of 6 pages)
6.
COOPERATION WITH OTHER USERS. Lessee understands that the Warren J. Harang,
Jr. Municipal Auditorium will make available, for use by others, such portions, areas and
facilities that are not subject to the agreement. The Lessee agrees to cooperate in good faith
with the management and personnel of the Warren J. Harang, Jr. Municipal Auditorium and
with those persons using other portions and areas of the Warren J. Harang, Jr. Municipal
Auditorium especially during periods of ingress and egress, in order to make mutual use of the
facilities harmonious and agreeable.
7.
OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS. The Lessee and its
agents, guest and employees will observe and comply with all laws, ordinances, and
regulations adopted or established by the United States, the State of Louisiana, the City of
Thibodaux and Lafourche Parish; and with all rules and regulations as provided by the Warren
J. Harang, Jr. Municipal Auditorium, and with all rules and regulations of the City of
Thibodaux Departments of Health and Safety and Permits. Lessee will obtain at its own
expense all licenses, permits and union and trade organization clearances required by any
public body or by contract for use by the Lessee of the Leased premises an/or for the
exhibition, playing, showing or their presentation of any visual or sound compositions or
productions.
8.
STAFFING. Lessor shall obtain, and Lessee shall pay for at the rates quoted in Lessor's cost
schedule, all necessary staffing, including security. Lessor retains the right to determine the
number of security and staff personnel necessary to properly serve and protect the public.
These costs are reimbursable to Lessor and are covered by all such reference, including
advance payment and Lessor's privilege included in this agreement. Stagehands, musicians
and other performance personnel may be included in this category by mutual agreement.
9.
PERFORMANCE APPROVAL.
Lessor retains the approval rights of performance,
exhibition or entertainment to be offered under this agreement and the Lessee agrees that no
such activity or part thereof shall be given if Lessor files written objections on the grounds of
character offensive to public morals, failure to uphold event advertising claims or violation of
event content restrictions agreed to by both parties at the time of completion of this agreement.
In the event of such occurrence, Lessee shall forfeit all rights under this contract and shall have
no legal recourse against Lessor for any damages or for the return of any rental deposits.
10. CONTROL OF HARANG AUDITORIUM. The Lessor reserves the right to control the
management and/or operation of said Harang Auditorium and to enforce all necessary and
proper rules for the management and operation of the same. The Lessor reserves for its
manager and employees the right to enter any part of said Harang Auditorium at any time and
on any occasion.
11. SIGNS AND DECORATIONS. Lessee will neither post nor erect any decorations, signs,
advertisements or posters of any kind or description on the premises of the Harang Auditorium
and/or other properties of Lessor unless specific, prior approval has been obtained from the
Lessor.
12. COPYRIGHTS, TRADEMARKS, TRADE NAMES AND PATENTS.
The Lessee
assumes all responsibility for and shall indemnify and save and hold harmless Lessor against
any trade mark, trade name, copyright or patent infringements that may occur by the use of any
trade marked, trade named, copyrighted or patented material in connection with Lessee's use of
the demised premises or promotion or advertisement thereof
AGREEMENT
CONTINUES.
(4 out of 6 pages)
13. BUILDING OR EQUIPMENT DEFACEMENT OR DAMAGE.
(a) The Lessee agrees neither to damage, mar, nor in any manner deface, the Harang
Auditorium equipment and shall neither cause nor permit anything to be done whereby the said
premises or equipment shall be in any manner injured, damaged, marred or defaced, nor shall
he drive, or permit to be driven any nails, hooks, tacks, screws or tape in any part of said
building or equipment, nor shall he make or allow to be made, any alteration of any kind
therein without express permission of the Lessor. Damage to building or equipment shall be
sole liability of the Lessee who agrees unequivocally to reimburse Lessor for the cost of
repairing damage to building or equipment.
EQUIPMENT DEFACEMENT CONTINUES.
(b) If the demised premises or any portion of the Harang Auditorium shall be damaged by the
act, omission, default or negligence of the Lessee or the Lessee's agents, subcontractors,
employees, patrons, invitees, guests, or any person admitted to said premises by the Lessee, the
Lessee will pay to the Lessor, upon demand, in cash a sum equal to the cost of repairing and
restoring the premises to their condition as of the commencement of this lease; or the Lessee
will, at the option of and with the approval of the Lessor, make or cause to be made such
restoration and repairs at its own expense.
(c) I FULLY UNDERSTAND THAT PYROTECHNICS
AND/OR SMOKE MACHINES
ARE PROHmlTED
AND AGREE THAT A FINE OF $500.00 SHALL BE ASSESSED
TO ME FOR ANY USE OF EITHER PYROTECHNICS OR SMOKE MACHINES IN
THE WARREN J. HARANG, JR. MUNICIPAL AUDITORIUM. (INITIAL
)
14. LOSS OF USE OF BUILDING.
Should the space covered by this contract or any part
thereof be destroyed or damaged by fire or by any other cause, or if any other casualty, riot or
civil disturbance, strike, act of God, or exercise of the police power or other unforeseen
occurrence shall render the fulfillment of this contract by Lessor impracticable, the Lessor shall
not in any case be liable or responsible to Lessee for any damage or loss caused thereby. If
because of any emergency such as, but limited to, an air raid warning, a curfew, a riot, civil
disorder, or a proclaimed state of emergency, any performance or any public meeting
scheduled or in progress is canceled or terminated, the Lessor shall not be liable or responsible
to the Lessee for any loss or damage caused thereby.
15. INDEMNIFICATION.
The Lessee will protect, indemnify, save and hold harmless the
Lessor, its officers, agents, servants and employees from and against any and all claims,
demands expense and liability arising our of injury or death to any person or the damage, loss
or destruction of any property which may occur on or in the premises or which may arise, or in
any way grow our of any act or omission of the Lessee, its agents, subcontractors, servants, and
employees or the use occupancy of the premises by the Lessee or anyone using or occupying
said premises as a patron or an invite of Lessee, and any and all costs, expenses andlor attorney
fees incurred by Lessor as a result of any such claim, demand, andlor causes action.
16.
DEFAULT BY LESSEE. In the event that Lessee should default in the performance of any
of the covenants contained in the lease or in the event that Lessee should dissolve, cease doing
business as a going concern, or become insolvent or bankrupt, Lessor shall have the option to
terminate this lease and all of the Lessee's rights hereunder, and in the event of such
termination, Lessee shall be obligated to pay Lessor on demand any damages sustained by
Lessor by reason of Lessee's actions or inaction and the resulting termination of the lease,
whether arising because of Lessor's inability to relet the premises, or otherwise. The
provisions of this paragraph shall apply in conjunction with and in addition to those contained
in paragraph two (2) relative to cancellation by the Lessee and paragraph eleven (11) relative to
Lessee's failure to observe Lessor's performance and presentation standards.
AGREEMENT
CONTINUES.
(5 out of 6 pages)
17. CANCELLATION BY LESSOR. The Harang Auditorium is leased only for the purpose
stated in paragraph one (1) of this agreement. Any misrepresentation by Lessee or other person
in obtaining this agreement shall be sufficient grounds of immediate cancellation of this
agreement by Lessor without liability of Lessor, against Lessee.
In the event of such misrepresentation or violation of any other provisions of this agreement,
the Lessor, its agents or employees shall further have the right to refuse to allow the Lessee to
take possession of the premises or, it Lessee is already in possession, to cause the ceasing of all
Lessee activities and the ouster of Lessee from the premises.
18. RESPONSIBILITY FOR PERSONAL PROPERTY. The Lessor shall not be responsible
for any loss or damage to personal property placed in or about Harang Auditorium belonging to
Lessee, its servants, agents, subcontractors, guests, patrons and invitees, and the Lessee shall
hold the Lessor harmless from all claims arising out of loss or damage to such personal
property. The Lessee shall remove from the premises immediately upon the termination ofthis
agreement, all property belonging to the Lessee and all property brought into or unto premises
by Lessee or by persons associated with the Lessee in its use and occupancy of the aforesaid
premises. If the Lessee fails to remove all such property, the Lessor shall have the right to
cause the removal and storage of any such property at Lessee's sole risk, cost and/or expense,
but nothing herein shall in any way constitute Lessor as a bailee of any such properties whether
owned by Lessee or any other person.
19. SCHEDULING. Unless Lessor and Lessee agree otherwise in advance Lessor shall retain the
right to schedule other events both before and after the Lessee's event without notice to Lessee.
20. NON EXCLUSIVE RIGHTS. Lessor shall retain the right to use and/or lease such portions
of its facility as may not be covered by this Agreement. Lessor also retains the right to reenter
any part of the premises covered by this Agreement should such part become vacant; and to
determine that such unused portion may be offered for other use with rents therefrom going to
Lessor with an appropriate adjustment on Lessee's rental rate.
21. ASSIGNMENT AND SUBLETTING.
This agreement shall not be assigned nor shall the
leased premises be sublet without the prior written consent of the Lessor.
22. WAIVERS. Waiver of one or more terms or conditions of this agreement shall not be deemed
a modification or waiver of any other provisions of this lease. No waiver shall be effective or
binding upon Lessor unless it is in writing duly executed by Lessor and Lessee as an
amendment to this agreement.
23. ATTORNEY FEES. In case suit or action is instituted by the Lessor to enforce compliance
with this lease agreement, the Lessor shall be entitled to recover reasonable attorney fees from
the Lessee in addition to the costs and disbursements provided by statute.
24. APPLICABLE LAW. This agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Louisiana.
AGREEMENT CONTINUES.
(6 out of 6 pages)
In witness whereof, the parties have hereunto set their hands the day and year first set forth
above.
LESSEE:
Lafourche Parish Government
Office of Community Action
By
Parish President
LESSOR:
WARREN J. HARANG, JR. MUNICIPAL AUDITORlUM
By
Marilyn Benoit
Director, Warren J. Harang, Jr. Municipal Auditorium
On a motion by
, seconded by
the following resolution was introduced and adopted:
,
RESOLUTION NO.
RESOLUTION APPROVING AN AMENDMENT TO THE PROGRAM
OFFERED BY THE STATE OF LOUISIANA DEPARTMENT OF
EDUCATION IN ORDER TO CARRY OUT THE PURPOSE OF SECTION
17 OF THE NATIONAL SCHOOL LUNCH ACT AS AMENDED AND THE
REGULATIONS GOVERNING THE CHILD AND ADULT CARE FOOD
PROGRAM (CACFP) ISSUED THEREUNDER (7 CFR PART 226) AND
SECTION 3 OF THE CHILD NUTRITION ACT OF 1966 AS AMENDED
AND AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE
AND ADMINISTER SAID AMENDMENT AND ANY AND ALL RELEVANT
DOCUMENTS.
WHEREAS, the State of Louisiana, Department of Education annually offers
program dollars under The Child and Adult Care Food Program (CACFP) to assist in
providing nutritional meals to children in Family Day Care Homes in Lafourche,
Terrebonne, and Assumption Parishes; and
WHEREAS, CACFP provides eligible participants with reimbursements for
nutritional meals served in their homes for children in their care; and
WHEREAS, the Lafourche Parish Council Office of Community Action serves as
the institution for implementing the CACFP Program in Lafourche, Terrebonne, and
Assumption Parishes under the direction of the Community Action Agency Executive
Director and the Community Action Advisory Board; and
WHEREAS, the 2013-14 proposal from the State offering program dollars for
providers for said program was accepted by the Lafourche Parish Council via Resolution
No. 13-290, which was passed by the Lafourche Parish Council at their regular meeting on
August 27, 2013; and
WHEREAS, a budget reclassification is needed to meet operating expenses, with the
reclassification being as follows:
Reducing Staff Training by $500.00
Reducing Provider Training by $500.00
Reducing Other by $2,500.00
Moving $300.00 to Routine Travel
Moving $500.00 to Operating Expenses
Moving $2,700.00 to Contracts; and
WHEREAS, this resolution was sponsored for Administration by Mr. Daniel
Lorraine, Councilman, District 9; and
Government that the Council approve an amendment to the program offered by the State
of Louisiana Department of Education in order to carry out the purpose of Section 17 of
the National School Lunch Act as amended and the regulations governing the Child and
Adult Care Food Program (CACFP) issued thereunder (7 CFR Part 226) and Section 3 of the
Child Nutrition Act of 1966 as amended and does hereby authorize the Parish President to
sign, execute and administer said amendment and any and all relevant documents.
THEREFORE BE IT RESOLVED that the Lafourche Parish Council convened in
regular session on January 28, 2014, and does hereby approve an amendment to the program
offered by the State of Louisiana Department of Education in order to carry out the purpose
of Section 17 of the National School Lunch Act as amended and the regulations governing
the Child and Adult Care Food Program (CACFP) issued thereunder (7 CFR Part 226) and
Section 3 of the Child Nutrition Act of 1966 as amended and does hereby authorize the
Parish President to sign, execute and administer said amendment and any and all relevant
documents.
forwarded to the State of Louisiana Department of Education, Attn: Ms. Linda Lambert,
P.O. Box 94064, Baton Rouge, LA 70804-9064; Lafourche Parish Government Dept. of
Community Services, Office of Community Action, Finance Department, and the Office of
the Parish Administrator.
YEAS:
NAYS:
ABSENT:
day of _____________, 2014.
_______________________________
___________________________________________
**********
I, CARLEEN B. BABIN, Council Clerk for the Lafourche Parish Council, do hereby certify
that the foregoing is a true and correct copy of Resolution No.
adopted by the
Assembled Council in Regular Session on
, at which meeting a
quorum was present.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS ______,
DAY OF
, 2014 .
_______________________________________
FDCHFP 102
FY 2014
Page 14
54.
STAFF: List all personnel who will be involved in administering the Family Day Care Home Food Program (FDCHFP).
NOTE: "d" x "e" x "f" must equal "g" [Annual Salary].)
Name of Family Day Care Home Food
Program (FDCHCP) Employee
(a)
Title of Position
(b)
Percentage of
salary
allocated
to FDCHFP
Program
(c)
Stacy Savoy
CACFP Coordinator
Stacy Savoy
10/18/12 to Present
Joni Tuck
Director
Community Services
Victoria Lovell
Accountant II
Grant Financial Specialist
** Percent allocated to FDCH is based
on a 40 hour work week.
Employee will work daily with variations
in hours between 8:00 am
and 5:00 pm.
** Employees working the FDCH Program
shall also work required hours
before and after 8:00 am and 5:00 pm
for the purpose of monitoring
breakfast and supper schedules.
100%
Number of
hours per
day each
employee
will spend
on FDCHFP
duties
Number of
days
per year each
employee
will spend on
FDCHFP
duties
(d)
(e)
8
Complete these columns only for
employees paid with FDCHFP funds
Salary
per
hour
(f)
261
$17.00
Annual
Salary
(g)
$35,496.00
54.
STAFF: (Continued)
Name of Family Day Care Home Food
Program (FDCHCP) Employee
(a)
FDCHFP 102
FY 2014
Page 15
Title of Position
(b)
Percentage of
salary
allocated
to FDCHFP
Program
(c)
Number of
hours per
day each
employee
will spend
on FDCHFP
duties
Number of
days
per year each
employee
will spend on
FDCHFP
duties
(d)
(e)
Complete these columns only for
employees paid with FDCHFP funds
Salary
per
hour
(f)
Salary Costs
+ Taxes (Specify)
FICA/Medicare
+ Worker’s Compensation
Annual
Salary
(g)
$35,496.00
$2,715.44
$152.63
+ Fringe Benefits (Specify)
Life/Health Insurance
$14,478.64
Retirement
$0.00
= TOTAL PERSONNEL COSTS
$52,842.72
BUDGET
NUMBER OF CURRENT ELIGIBLE HOMES
50
NUMBER OF HOMES ON WHICH BUDGET IS BASED
50
55. List annual costs for each of the following budget categories:
FDCHFP 102
FY 2014
Page 16
FY 14
Admin Funds
Estimated FY 13
Carry Over Funds
$ 52,842.72
$ 0.00
Routine Travel Costs (e.g., home visits, preapproval visits)
$ 2,000.00
$ 0.00
Staff Training Costs (e.g., conferences, workshops)
$ 2,000.00
$ 0.00
$ 1,000.00
$ 0.00
$ 4,557.28
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 3,000.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Personnel Costs (includes salary, taxes, worker’s comp., fringe benefits)
Provider Training Costs (e.g., training materials, workshop space rental,
guest speakers/trainers)
Office/Operating Costs (e.g., supplies, printing, postage, bank charges,
office rent, utilities, equipment rental and maintenance)
If there is a contract for any office/operating costs, you must
submit a copy.
Acquisition Costs (List each capital expenditure separately.
Sponsor must obtain separate written approval from
State for purchase in excess of $500.00.)
Contract Costs (List each contract not covered in Office/Operating
Costs category separately. Sponsor must submit a copy of
each contract listed.)
Other (List each separately.)
Minute Menu
FY 14 Admin Funds Carry Over Funds
$ 65,400.00
TOTAL ANNUAL BUDGET (FY 14 Admin Funds plus FY 13 Carry Over Funds)
$ 0.00
$ 65,400.00
I certify that the information on this application is true and correct to the best of my knowledge; that I accept final administrative and financial
responsibility for total Child and Adult Care Food Program operations at all Family Day Care Home Food Program homes under my sponsorship; that
reimbursement will be claimed only for meals served to enrolled children; that the CACFP will be available to all eligible children without regard to
any and all classifications as listed in USDA's nondiscrimination policy at approved Family Day Care Home Food Program homes. I understand that
this information is being given in connection with the receipt of Federal funds and that deliberate misrepresentation may subject me to program
termination and/or prosecution under applicable State and Federal criminal statutes.
Date
Name and Title of Administrator (print or type)
Signature of Administrator
On motion by ____________, seconded by ______________, the following resolution
was introduced and adopted;
RESOLUTION NO. ____
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
CONTRACT BETWEEN LAFOURCHE PARISH GOVERNMENT
AND ES&H TO INCREASE THE CONTRACT PRICE DUE TO
FLUCTUATIONS IN THE CONSUMER PRICE INDEX AND
AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE
AND ADMINISTER SAID AMENDMENT AND ANY AND ALL
RELEVANT DOCUMENTS.
WHEREAS, currently the Lafourche Parish Government has a contract with
ES&H for environmental services in the event of a spill; and
WHEREAS, ES&H has stipulated professional service fees at a rate of $550.00
per month in addition to hourly rates for consulting and management of spill accidents at
a per hour rate, plus expenses; and
WHEREAS, due to fluctuations in the Consumer Price Index the current rate of
compensation shall be increased; and
WHEREAS, the new rate of compensation shall be as outlined in the attached
Emergency Response Rate Schedule; and
WHEREAS, this resolution was sponsored for Administration by Mr. Lindel
Toups, Councilman, District 6; and
Parish Government that the Council approves Amendment No. 1 to the contract
between Lafourche Parish Government and ES&H to increase the contract price
due to fluctuations in the consumer price index and authorizes the Parish
President to sign, execute and administer said amendment and any and all
relevant documents.
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council
convened in regular session on January 28, 2014, and does hereby approve Amendment
No. 1 to the contract between Lafourche Parish Government and ES&H to increase the
contract price due to fluctuations in the consumer price index and authorizes the Parish
President to sign, execute and administer said amendment and any and all relevant
documents.
forwarded to ES&H, 1730 Coteau Road, Houma, LA 70364; Lafourche Parish
Government Office of Homeland Security and Emergency Preparedness, Department of
Finance, and the Office of Parish Administrator.
YEAS:
NAYS:
ABSENT:
day of ____________, 2014.
___________________________________
___________________________________________
**********
certify that the foregoing is a true and correct copy of Resolution No. _______
adopted by the Assembled Council in Regular Session on
, at
which meeting a quorum was present.
DAY OF
, 2014.
_______________________________________
AMENDMENT NO. 1
TO CONTRACT BETWEEN
AND
ES&H Consulting & Training Group (ES&H, Inc.)
DATED NOVEMBER 13, 2007
THIS AMENDMENT is made and entered into this ____ day of ______ , 2014, by and between
Lafourche Parish Government, acting, as the context requires, either on its own behalf or as the
governing authority of the political subdivision which has the legal authority and responsibility
for this agreement and for whom the work is being performed, (hereinafter referred to as the
“PARISH”), represented herein by its Parish President, Charlotte A. Randolph, duly authorized
to act; and ES&H Consulting & Training Group (ES&H, Inc.), represented herein by Kevin J.
Lormand, Vice President.
WHEREAS, the contract is hereby amended to increase the contract price to ES&H due to
fluctuations in the consumer price index (CPI); and
WHEREAS, all terms and conditions specified in the original agreement except for those
modified herein shall be valid and binding; and
NOW THEREFORE, ES&H AND PARISH, for and in consideration of the covenants and
compensation provided herein, and for the good and valuable considerations acknowledged by
the parties do agree as follows:
COMPENSATION FOR SERVICES
The new rate of compensation to reflect an increase in the Consumer Price Index (CPI) shall be
as outlined in the attached Emergency Response Rate Schedule.
Thus done and signed on this ___ day of _______________, 2014, in the presence of the
undersigned and competent witnesses.
WITNESSES:
________________________________
Signature
________________________________
Printed Name
________________________________
Signature
________________________________
Printed Name
______________________________
Thus done and signed on this ___ day of _______________, 2014, in the presence of the
undersigned and competent witnesses.
WITNESSES:
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Signature
_________________________________
Printed Name
______________________________
Kevin J. Lormand
Vice President, ES&H
* HOUMA * MORGAN CITY * BELLE CHASSE * FOURCHON * GOLDEN MEADOW * LAPLACE * VENICE *
* LAFAYETTE * LAKE CHARLES * BOSSIER CITY * HOUSTON * DALLAS * MOBILE *
March 4, 2008
December 26, 2013
Dear Valued Client:
The management and staff of ES&H would like to extend a sincere “Thank You” to all of our loyal Clients for a very
successful 2013 and wish each of you a very Happy New Year. We could not continue to be the leader in environmental
services without your continued support and loyalty.
As we begin 2014, our primary goals remain the same. We strive to provide our Clients with the absolute best
environmental services in the industry while maintaining the safest possible working environment for our employees. We
will continue to educate our employees with an aggressive and comprehensive safety training program and maintain an
industry leading inventory of response equipment.
Immediately following employee safety, our top priority will always be the Client’s complete satisfaction with the services
we provide including the costs associated with those services. Attached to this letter is our 2014 rate schedule for
emergency response services. We are pleased to announce that except for a few items, there have been no rate increases
from our 2013 rate schedule. We work diligently to maintain reasonable costs and expenses so that our emergency
response rates are fair, competitive and cost effective for the Client.
Please find attached, the ES&H Emergency Response Rate Schedule effective January 1, 2014. If you have any questions
regarding this rate schedule, please feel free to contact either myself or Trey Boucvalt ([email protected]) at any time for
clarification. We wish everyone a safe, healthy and prosperous 2014 and we look forward to assisting you with all of your
environmental needs.
Respectfully,
Kevin J. Lormand
Vice President, Eastern Region
[email protected]
***Please sign below acknowledging your receipt of the attached 2014 Emergency Response Rate Schedule and return a
signed copy to Brandy Landry ([email protected]) before January 15, 2014.
Company Name:
Representative:
Signature:
Email Address:
Date:
________________________________
P.O. Box 9217
Houma, LA 70361
24-Hour Toll Free number: 1-877-4ES and H
985-851-5350
985-853-1978 (fax)
www.esandh.com
EMERGENCY
RESPONSE
RATE
SCHEDULE
January 1
2014
24 HOUR EMERGENCY HOTLINE
1-877-437-2634
www.esandh.com
EMERGENCY RESPONSE RATE SCHEDULE 2014
PERSONNEL
Experienced emergency response personnel are available for complete spill clean-up operations, 24 hours
a day, 7 days a week. Normal hours of operation are from 08:00 to 16:00 daily, Monday through Friday.
All labor charges will be in accordance with ES&H daily tickets generated by supervisory personnel on
site. Overtime for personnel will be charged at time and a half between 16:00 and 08:00 Monday through
Friday and weekends from 16:00 Friday to 08:00 Monday. Double time rates will be charged for all
National Holidays (New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day) and ES&H recognized “local” holidays (Mardi Gras). When a
national holiday falls on a weekend, the nearest weekday will be billed at the holiday rate. Personnel will
be billed “portal to portal”, with a four (4) hour minimum on all call outs. ES&H shall also invoice for
personnel time required to decontaminate, demobilize, service, repair and restock all response vehicles
and equipment utilized in the performance of services for the Client. These charges will be billed at the
conclusion of the project.
In the event that Environmental Safety & Health Consulting Services, Inc. (ES&H) responds to a request
from a government agency, the Client or other third party on behalf of the Client, for record gathering
and/or litigation support services, including but not limited to testifying at any proceeding, deposition,
hearing or trial, and whether during the performance of services or any time after, Client hereby agrees to
and will compensate ES&H in accordance with the payment terms herein, the charges for the personnel
provided and/or requested and/or required in the amount corresponding to the personnel designation in
this rate schedule and will further reimburse ES&H for reasonable expenses incurred as a result including
transportation, parking, lodging and subsistence if necessary.
LEVEL D PPE
Level D PPE shall be used when the atmosphere contains no known hazard and work functions preclude
splashes, immersion, or the potential for unexpected inhalation of or contact with hazardous levels of any
chemical. ES&H shall provide OSHA approved Level D PPE to ES&H response personnel on the date
the personnel are mobilized to the job site. Level D PPE may include hard hats, personal flotation
devices (PFD), steel toe rubber boots, safety glasses (clear or tinted lens), Tyvek coveralls and inner
protective gloves. The charge for “Level D PPE” shall be invoiced at $40.00 per man, per day for each
day that the employee is working on the job site. The Level D PPE charge is applicable regardless of one
or more of the items being deemed not necessary.
Level D PPE provided by ES&H to personnel other than ES&H employees and/or subcontractors shall be
invoiced to the Client at the rates listed herein.
LEVEL C PPE
Level C PPE shall be used when atmospheric contaminants, liquid splashes, or other direct contact will
not adversely affect or be absorbed through any exposed skin. Secondly, the types of air contaminants
have been identified, concentrations measured, and an air purifying respirator (APR) is available that can
remove the contaminants. Level C PPE such as disposable chemical resistant coveralls (Polycoated
Tyvek, CPF-1 and CPF-2 ), 2 piece chemical splash suits, chemical resistant outer protective gloves
(PVC Rubber, Nitrile, etc.) and NIOSH approved full face APR’s shall be invoiced individually at the
rates listed herein.
1
PER DIEM
ES&H shall invoice the Client for Per Diem when an employee is performing work over forty (40) miles
from their permanently assigned ES&H office location at a rate of $125.00 per employee, per day for
lodging, off duty meals and incidentals. If a project is located in a “high cost” area as defined by US
Government Travel Regulations, ES&H reserves the right to increase the daily per diem rate as published
by the General Services Administration (www.gsa.gov) website.
HEAT STRESS / LUNCHES
ES&H shall provide all spill response personnel with drinking water and electrolyte drinks to be
consumed throughout the work shift in an effort to maintain proper hydration levels in all weather
conditions. Ice and ice chests will also be provided by ES&H as well as lunches for all ES&H response
personnel working either in the field or in a command post setting. A charge of $35.00 per employee, per
day will be invoiced for these items. Lunches provided by ES&H to non-ES&H employees (Client
Personnel, Agency Representatives, etc.) will be invoiced at Cost + 20%.
SITE SAFETY
ES&H reserves the right to mobilize one or more qualified safety officers to any emergency response
project to oversee site safety. The quantity of safety officers mobilized to a project will be dependent on
the scope of work to be performed and the necessity for safety personnel in each work location or zone.
Safety officers will remain on site and work with response personnel for the duration of the project, or
until is mutually agreed upon by ES&H Management and authorized Client Representatives that these
services are no longer required.
PERSONNEL STAND-BY RATES
ES&H response personnel who are placed on stand-by by the Client, either on site or at an offsite
location, who remain dedicated exclusively to the Client, will be billed at full rates for a minimum of
eight (8) hours per day. Full per diem rates will also be billed for all personnel placed on stand-by.
COMMERCIAL TRANSPORTATION
For all employees who do not reside in the local commuting area for the work site, ES&H shall be
reimbursed for all costs incurred for employee travel to and from the work site on the basis of ES&H’s
incurred cost plus 20% for all commercial transportation and lodging required.
AUTOMOTIVE EQUIPMENT
ES&H shall provide automotive equipment to transport personnel, equipment and materials as needed for
the duration of the project. Vehicle mileage shall be invoiced according to current fuel prices as follows:


$4.00 per gallon or less - $0.80 per mile
$4.01 per gallon or greater - $1.15 per mile
Daily Vehicle Logs shall be generated by the driver of each vehicle documenting the business related use
of the vehicle and the mileage driven each day. Vehicle Logs shall be submitted daily with other project
related paperwork.
ES&H shall invoice for four wheel drive vehicles when it is necessary to utilize the four wheel drive
feature to access work locations due to poor road conditions or when four wheel drive is necessary to
launch response boats at steep or substandard boat launches.
2
CONTAINMENT BOOM / ANCHORS / BUOYS
All anchors and anchor buoys used in conjunction with the deployment of containment boom shall be
invoiced as a “one time charge”. In the event that excessive quantities of anchors and/or buoys are
required on a project, ES&H reserves the right to invoice Cost + 20% for these items if the supply is
limited and the cost of these items exceed 80% of the rates listed herein. ES&H shall retain ownership of
all containment boom, anchors and buoys at the completion of the project. If anchors and/or buoys are
not retrievable, ES&H shall invoice Cost + 20% for the replacement of lost items.
EQUIPMENT / VESSEL FUEL & LUBE
The rates listed herein for equipment and vessels do not include fuel and lube charges. All fuel and lube
for vessels and equipment provided by ES&H will be invoiced to the Client at Cost + 20%, including all
charges for temporary storage tanks, delivery and pick-up, pumps and hoses, safety equipment, secondary
containment berms and demurrage charges. Fuel charges for automotive equipment are included in the
vehicle mileage charges billed to the Client.
RESPONSE EQUIPMENT
All response equipment is charged “portal to portal” beginning on the date of mobilization. All
equipment will be billed at the full daily rates listed herein unless the response is cancelled within the first
four (4) hours, and the equipment was not utilized, in which case it will be billed at one half (1/2) of the
daily rate. All equipment rates listed herein do not include the operator.
MAINTENANCE / REPAIR / REPLACEMENT OF DAMAGED EQUIPMENT
All equipment and materials provided by ES&H to the Client are subject to maintenance, repair and/or
replacement charges. ES&H shall invoice Cost + 20% for all maintenance and/or repairs performed by a
third party vendor. Maintenance and repairs performed by ES&H personnel shall be invoiced at the
personnel and equipment rates listed herein. If during the performance of service for a Client, equipment
sustains damages beyond repair or if decontamination is impossible, said equipment will be subject to a
replacement charge of Cost + 20%. ES&H “cost” is defined as the total amount invoiced to ES&H for
repair and/or replacement of damaged items.
EQUIPMENT STAND-BY RATES
All equipment, either on site or at an off-site staging location that is dedicated exclusively for the Client’s
use, will be billed at the full daily rate until decontamination is complete and the equipment has been
demobilized back to the owner’s permanent storage location.
DECONTAMINATION OF EQUIPMENT
All equipment utilized for spill cleanup activities must be decontaminated prior to demobilization. All
equipment will be billed at the full day rate while awaiting decontamination or being decontaminated.
All equipment is considered “on rent” until decontamination is complete and the equipment is
demobilized to the appropriate permanent storage location.
ES&H reserves the right to place one or more employees at a decontamination facility being operated by
a third party as long as ES&H provided equipment is awaiting decontamination or being decontaminated
to ensure the security and cleanliness of equipment. All personnel hours, per diem, vehicle, etc. will be
billed at the pricing listed herein while employee(s) are involved in decontamination activities.
3
THIRD PARTY SERVICES / EQUIPMENT
ES&H will utilize ES&H owned equipment whenever possible and invoice Client for said equipment at
the rates published herein. For any item that is listed in this rate schedule and which ES&H acquires
through or from a third party vendor or supplier, Client will pay to ES&H the higher of ES&H’s rate or
ES&H’s “cost” plus 20% handling fee.
In addition, for all items not listed within this rate schedule, including but not limited to personnel,
equipment, materials and consumables, laboratory & testing services, transportation & disposal services,
damage waivers and/or other services, said items will be billed at ES&H cost plus 20% handling fee.
“Cost” is defined as the total amount invoiced to ES&H by a third party vendor or supplier of material
and/or goods and/or labor and/or equipment and/or services.
Due to the potential for varying rates, large marine equipment (tug boats, deck barges, OSRV’s, etc.) will
be quoted upon request. A minimum of ES&H cost plus forty percent (40%) handling fee will be
invoiced for these items due to additional insurance requirements.
INVOICES
ES&H reserves the right to render invoices depending on the size and duration of the project (i.e., daily,
weekly, bi-weekly, monthly, etc.). Invoices will contain all applicable Federal, State and Local taxes.
All invoices are payable NET CASH within fifteen (15) days from the date of invoice regardless of
insurance or other third party claims. Finance charges will be applied to invoices with an unpaid balance
beginning sixteen (16) days from the date of invoice. Finance charges are computed at the periodic rate
of 1.5% per month (18% per annum).
ES&H reserves the right to invoice the client for adjustments necessary due to audits performed either
internally or by third party auditors. Once the audit has been completed, the undisputed balance shall be
paid immediately.
Any items disputed by the Client on ES&H rendered invoices are to be disclosed to ES&H in writing
within ten (10) days of receipt of invoice. Payment is expected on all other charges as listed above.
TAXES
All domestic Federal, State and Local taxes, except income taxes and advalorem taxes, now and
hereinafter imposed with respect to services rendered; to rental equipment; to the sale, processing,
manufacture, repair, delivery, transportation of equipment and supplies shall be added to and become part
of the total price payable by the Client, unless the proper exemption certificates are furnished. In the
event the appropriate taxes are not invoiced, but later determined to be applicable, Client is responsible
for payment to ES&H.
WASTE MANAGEMENT
All recovered product and/or contaminated materials generated during cleanup activities are the Client’s
responsibility as the Generator of the waste(s). ES&H is prepared to assist the Client with all aspects of
waste management including waste profiling and characterization, temporary storage, and transportation
and disposal. ES&H shall invoice a one-time charge for waste profiling and characterization on all
projects in which these services are provided.
4
OIL SPILL RESPONSE PERSONNEL
ADMINISTRATIVE PERSONNEL
Senior Environmental Consultant............................................................................
Environmental Consultant........................................................................................
Senior Project Manager............................................................................................
Project Manager........................................................................................................
Senior Accounting Specialist....................................................................................
Project Accountant...................................................................................................
Transportation/Disposal Coordinator.......................................................................
Logistics Coordinator...............................................................................................
Field Clerk................................................................................................................
Administrative/Logistics Support............................................................................
Regular
$135.00
$110.00
$ 97.50
$ 85.00
$ 70.00
$ 54.00
$ 50.00
$ 47.00
$ 45.00
$ 43.00
Overtime
$202.50
$165.00
$146.25
$127.50
$105.00
$ 81.00
$ 75.00
$ 70.50
$ 67.50
$ 64.50
RESPONSE PERSONNEL
Supervisor……………………………………........................................................
Foreman…………………………………………………………….......................
Specialized Equipment Operator………………………………….........................
USCG Licensed Vessel Captain...………………………………………...............
Boat Operator……………………………………………………...........................
CDL Truck Driver……………………………………………………………........
Confined Space Entry Technician…………………………………........................
Environmental Technician………………………………........................................
Regular
$65.00
$50.00
$54.00
$54.00
$44.00
$44.00
$42.00
$38.00
Overtime
$97.50
$75.00
$81.00
$81.00
$66.00
$66.00
$63.00
$57.00
SAFETY PERSONNEL
Safety & Health Manager……………………………………...............................
Safety Officer…………………………………………………………….............
Air Monitoring / Sampling Technician………………………………..................
Fire Watch / Hole Watch……………………………………………………........
Spotter / Flagger…………………………………………………………….........
Regular
$80.00
$65.00
$55.00
$45.00
$40.00
Overtime
$120.00
$ 97.50
$ 82.50
$ 67.50
$ 60.00
SKILLED PERSONNEL
Marine Mechanic………………............................................................................
Mechanic…………………………………………………………….....................
Welder……………………………………………………………….....................
Security Guard...……………………………………………………......................
Regular
$85.00
$65.00
$65.00
$48.00
Overtime
$127.50
$ 97.50
$ 97.50
$ 72.00
Notes:
1. “Oil Spill” personnel rates are applicable for all emergency response or planned activities involving
Crude Oil, Bunker Oil, Diesel Fuel or any other petroleum product that is not listed or defined as a
DOT Hazardous Material, OSHA Regulated Hazardous Substance, CERCLA Hazardous Substance
or RCRA Hazardous Waste.
5
HAZARDOUS MATERIALS RESPONSE PERSONNEL
ADMINISTRATIVE PERSONNEL
Senior Environmental Consultant............................................................................
Environmental Consultant........................................................................................
Senior Project Manager............................................................................................
Project Manager........................................................................................................
Senior Accounting Specialist....................................................................................
Project Accountant...................................................................................................
Transportation/Disposal Coordinator.......................................................................
Logistics Coordinator...............................................................................................
Field Clerk................................................................................................................
Administrative/Logistics Support............................................................................
Regular
$145.00
$125.00
$105.00
$ 90.00
$ 70.00
$ 54.00
$ 55.00
$ 52.00
$ 45.00
$ 43.00
Overtime
$217.50
$187.50
$157.50
$135.00
$105.00
$ 81.00
$ 82.50
$ 78.00
$ 67.50
$ 64.50
RESPONSE PERSONNEL
Supervisor……………………………………........................................................
Foreman…………………………………………………………….......................
Specialized Equipment Operator………………………………….........................
USCG Licensed Vessel Captain...………………………………………...............
Boat Operator……………………………………………………...........................
CDL Truck Driver……………………………………………………………........
Confined Space Entry Technician…………………………………........................
Environmental Technician………………………………........................................
Regular
$75.00
$60.00
$52.00
$54.00
$47.00
$47.00
$50.00
$45.00
Overtime
$112.50
$ 90.00
$ 78.00
$ 81.00
$ 70.50
$ 70.50
$ 75.00
$ 67.50
SAFETY PERSONNEL
Safety & Health Manager……………………………………...............................
Safety Officer…………………………………………………………….............
Air Monitoring / Sampling Technician………………………………..................
Fire Watch / Hole Watch……………………………………………………........
Spotter / Flagger…………………………………………………………….........
Regular
$95.00
$75.00
$65.00
$55.00
$45.00
Overtime
$142.50
$112.50
$ 97.50
$ 82.50
$ 67.50
SKILLED PERSONNEL
Marine Mechanic………………............................................................................
Mechanic…………………………………………………………….....................
Welder……………………………………………………………….....................
Security Guard...……………………………………………………......................
Regular
$90.00
$70.00
$75.00
$52.00
Overtime
$135.00
$105.00
$112.50
$ 78.00
NOTES:
2. “Hazardous Materials” personnel rates are applicable for all emergency response or planned
activities involving materials with a 2 or greater hazard rating as per NFPA 704 or if response
personnel are required to don respiratory protection.
6
RESPONSE VEHICLES
Automobile......................................................................................................................
Pick Up Truck (1/2 & ¾ ton)..........................................................................................
1 Ton Pick Up Truck.......................................................................................................
1.5 Ton Flat Bed Truck...................................................................................................
4 Wheel Drive Pick Up Truck.........................................................................................
Personnel Van (15 Passenger)(equipment only).....................................................................
Highway Tolls (toll bridges, toll highways, etc.)……………………………………………
4 X 4 All Terrain Vehicle...............................................................................................
2 Seat RTV or UTV........................................................................................................
4 Seat RTV or UTV........................................................................................................
6 Seat RTV or UTV……………………………………………………………………
RATE
$100.00 per day
$175.00 per day
$200.00 per day
$225.00 per day
$250.00 per day
$225.00 per day
$ Cost + 20%
$300.00 per day
$450.00 per day
$550.00 per day
$650.00 per day
COMMERCIAL VEHICLES
Tractor Truck (equipment only)..........................................................................................
70 - 80 bbl Vacuum Truck (equipment only)......................................................................
130 bbl Vacuum Truck (equipment only)...........................................................................
Drum Truck (equipment only).............................................................................................
Single Roll Off Box Delivery (Empty).............................................................................
Double Roll Off Box Delivery (Empty)...........................................................................
RATE
$ 69.50 per hour
$ 58.00 per hour
$ 75.00 per hour
$ 75.00 per hour
$175.00 per hour
$225.00 per hour
RESPONSE TRAILERS
41’ – 53’ Response Trailer...........................................................................................
8’ – 14’ Response Trailer.............................................................................................
6’ – 8’ ATV/UTV Trailer…………………………………………………………….
24’ Marine Equipment Repair / Maintenance Trailer..................................................
Communications / Information Technology Trailer....................................................
Hazardous Materials Response Trailer / Tools Package..............................................
Industrial Cleaning Trailer (includes Water Tank/Pressure Washer)..........................................
48’ Flatbed Trailer……………………………………………………………………
48’ Drop Deck Trailer………………………………………………………………..
Chains/Binders/Ratchet Straps……………………………………………………….
RATE
$ 275.00 per day
$ 235.00 per day
$ 225.00 per day
$ 150.00 per day
$ 85.00 per day
$ 75.00 per day
$ 275.00 per day
$1,000.00 per day
$ 400.00 per day
$ 600.00 per day
$ 125.00 per day
$ 175.00 per day
$ 25.00 per day
NOTES:
3. Fuel surcharges for commercial vehicles will be added to each billing ticket based upon the average
price of self-service fuel, as determined, based upon the price reported by the US Department of
Energy (DOE) for the Petroleum Administration for Defense District 3 (Gulf Coast).
4. All transportation services involving LPSC Regulated Loads will be billed in accordance with LPSC
approved tariff rates.
5. All other transportation services will be billed in accordance with the rates listed herein for CDL
Truck Drivers and Commercial Vehicles.
6. Highway tolls shall be invoiced at Cost + 20% per the rates listed on appropriate state website for
each specific type of vehicle or combination of vehicles.
7
MARINE EQUIPMENT
46’ Barge Boat w/ Twin Engines & Navigational Equipment.....................................
40’ – 45’ Barge Boat with Twin Engines & Navigational Equipment........................
22’ – 25’ Barge Boat with Twin Engines....................................................................
38’ – 40’ Response Boat with Twin Engines & Navigational Equipment..................
22’ – 25’ Response Boat with Twin Engines...............................................................
18’ – 21’ Response Boat with Single Engine..............................................................
16’ Response Boat with Single Engine........................................................................
12’ – 14’ Response Boat with Single Engine..............................................................
12’ – 14’ Response Boat (No Engine)..............................................................................
Pirogue.........................................................................................................................
Airboat (single engine)....................................................................................................
22’ – 25’ Cabin Boat with Twin Engines....................................................................
26’ – 29’ Cabin Boat with Twin Engines & Navigational Equipment........................
Portable Oil Storage Barge, 30 bbl...............................................................................
Portable Oil Storage Barge Set, 225 bbl.......................................................................
Fuel & Lube for Response Vessels...............................................................................
RATE
$2,200.00 per day
$1,925.00 per day
$1,650.00 per day
$1,485.00 per day
$1,210.00 per day
$ 990.00 per day
$1,650.00 per day
$1,375.00 per day
$1,100.00 per day
$ 935.00 per day
$ 660.00 per day
$ 440.00 per day
$ 275.00 per day
$ 165.00 per day
$ 110.00 per day
$ 40.00 per day
$ 990.00 per day
$ 880.00 per day
$1,100.00 per day
$1,375.00 per day
$1,650.00 per day
$1,925.00 per day
$ 275.00 per day
$1,250.00 per day
$ Cost + 20%
SPILL CONTROL EQUIPMENT
6” Containment Boom..................................................................................................
10” Containment Boom................................................................................................
Aluminum Towing Bridle............................................................................................
5 Pound Mushroom Anchor.........................................................................................
10 Pound Anchor..........................................................................................................
15 Pound Anchor..........................................................................................................
22 Pound Anchor..........................................................................................................
40 Pound Anchor..........................................................................................................
65 Pound Anchor..........................................................................................................
85 Pound Anchor..........................................................................................................
Small Boom Lights (battery powered, does not include batteries)................................................
Large Boom Lights (battery powered, does not include batteries)................................................
Chemical Boom Lights.................................................................................................
Anchor Buoys...............................................................................................................
RATE
$ 0.75 / foot / day
$ 1.00 / foot / day
$ 1.50 / foot / day
$ 3.00 / foot / day
$ 5.00 / foot / day
$ 7.50 / foot / day
$ 25.00 each / day
$ 40.00 / each
$ 100.00 / each
$ 140.00 / each
$ 175.00 / each
$ 415.00 / each
$ 750.00 / each
$ 950.00 / each
$ 50.00 / each
$ 75.00 / each
$ 20.00 / each
$ 40.00 / each
8
SKIMMERS
Goo Gobbler Skimmer..................................................................................................
Marco Skimmer............................................................................................................
Marco Sidewinder/Filter Belt Skimming System.........................................................
Mobile Drum Skimmer Barge System.........................................................................
Portable Vacuum / Pressure Pump (with 500 gal Storage Tank).........................................
Small Drum Skimmer Package....................................................................................
Medium Drum Skimmer Package................................................................................
Large Drum Skimmer Package....................................................................................
Small Skim-Pak Skimmer (model 2300-SH)....................................................................
Medium Skim-Pak Skimmer (model 4300-SH).......…………………………………….
Large Skim-Pak Skimmer (model 18300-SH)..................................................................
Manta Ray Skimmer.....................................................................................................
Hydraulic Brush Skimmer Package…..………………………………………………
Medium Drum/Brush Skimmer Package..……………………………………………
Small Aluminum Skimmer Head.................................................................................
Large Aluminum Skimmer Head.................................................................................
Slurp Skimmer..............................................................................................................
2” Aluminum Spray Bar...............................................................................................
2” Aluminum Duck Bill Skimmer................................................................................
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
SKIMMER ACCESSORIES
Marco Backing Belt (replacement)..................................................................................
Marco Light Oil Belt (replacement).................................................................................
Marco Filterbelt / Pads (replacement)..............................................................................
Marco Diesel Pads (replacement)....................................................................................
300 – 500 gallon Poly Tote Tank (recovered product temporary storage)...................................
250 bbl Frac Tank.........................................................................................................
500 bbl Frac Tank.........................................................................................................
RATE
$1,600.00 each
$1,600.00 each
$1,000.00 each
$1,100.00 each
$ 50.00 per day
$ 75.00 per day
$ 125.00 per day
PUMPS
1” Diaphragm Pump (Gas or Air)....................................................................................
1” Pneumatic Chemical Transfer Pump.......................................................................
2” Pneumatic Chemical Transfer Pump.......................................................................
2” Centrifugal Pump (Gas or Diesel Powered)...................................................................
3” Centrifugal Pump (Gas or Diesel Powered)...................................................................
2” Centrifugal Acid Pump……………………………………………………………
2” Peristaltic Pump (Vac Pump)......................................................................................
2” Wash Pump Package (includes 25’ suction & 100’ discharge hose)...................................
3” Wash Pump Package (includes 25’ suction & 100’ discharge hose)...................................
4” Dewatering Pump (diesel engine, wheel mounted)..........................................................
6” Dewatering Pump (diesel engine, wheel mounted)..........................................................
RATE
$ 100.00 / day
$ 200.00 / day
$ 150.00 / day
$ 350.00 / day
$ 175.00 / day
$ 100.00 / day
$ 120.00 / day
$ 375.00 / day
$ 300.00 / day
$ 150.00 / day
$ 170.00 / day
$ 350.00 / day
$ 450.00 / day
9
RATE
5,000.00 per day
5,000.00 per day
4,000.00 per day
3,500.00 per day
1,500.00 per day
750.00 per day
800.00 per day
855.00 per day
125.00 per day
150.00 per day
175.00 per day
150.00 per day
900.00 per day
1,000.00 per day
150.00 per day
200.00 per day
150.00 per day
50.00 per day
25.00 per day
HOSES / FITTINGS
3/8” X 25’ Air Hose......................................................................................................
3/4” X 50’ Air Hose......................................................................................................
Heavy Duty Garden Hose (3/4” X 50’)........................................................................
1” Suction / Discharge Hose (Oil Service)...................................................................
4” Suction / Discharge Hose (Water Service)..............................................................
6” Suction / Discharge Hose (Water Service)..............................................................
1.5” – 3” X 25’ Lay Flat Discharge Hose (Water Service)………………………......
4” – 6” X 25’ Lay Flat Discharge Hose (Water Service)…………………………….
2” USCG Approved Suction / Discharge Hose (Oil Service)......................................
3” USCG Approved Suction / Discharge Hose (Oil Service)......................................
1” Chemical Suction / Discharge Hose........................................................................
4” Disposable HDPE Flex Hose...................................................................................
6” Disposable HDPE Flex Hose...................................................................................
1.5” Fire Hose...............................................................................................................
Camlock Fittings Assortment.......................................................................................
2” / 3” Check Valve......................................................................................................
2” Block Valve with Purge Port...................................................................................
2” X 10’ Aluminum Stinger.........................................................................................
2” X 10’ PVC Stinger...................................................................................................
RATE
$ 5.00 each, per day
$15.00 each, per day
$ 1.25 / foot / day
$ 1.75 / foot / day
$ 2.25/ foot / day
$ 0.75 / foot / day
$ 0.95 / foot / day
$ 2.75 / foot / day
$ 3.25 / foot / day
$ 4.00 / foot / day
$ 6.00 / foot / day
$ 9.00 / foot / day
$ Cost + 20%
$ Cost + 20%
$ 1.25 / foot / day
$50.00 / day
$25.00 each / day
$35.00 each / day
$25.00 each / day
$15.00 each / day
GENERATORS / AIR COMPRESSORS
Generator to 5 kW........................................................................................................
Generator 5.1 kW to 8 kW............................................................................................
Generator 8.1 kW to 10 kW..........................................................................................
Generator 10.1 kW to 15 kW........................................................................................
Heavy Duty Extension Cord…………………………………………………………
GFCI………………………………………………………………………………….
10 cfm Air Compressor................................................................................................
90 cfm Air Compressor................................................................................................
185 cfm Air Compressor..............................................................................................
375 cfm Air Compressor..............................................................................................
RATE
$ 100.00 / day
$ 125.00 / day
$ 150.00 / day
$ 200.00 / day
$ 10.00 / day
$ 5.00 / day
$ 110.00 / day
$ 170.00 / day
$ 200.00 / day
$ 300.00 / day
PRESSURE WASHERS
1500 psi Pressure Washer.............................................................................................
3000 psi Hot Water Pressure Washer...........................................................................
4000 psi Hot Water Pressure Washer...........................................................................
Walk Behind Hydro-Mower.........................................................................................
Additional Pressure Washer Hose................................................................................
Extended Reach Pressure Washer Wand......................................................................
RATE
$ 115.00 / day
$ 200.00 / day
$ 225.00 / day
$ 350.00 / day
$ 400.00 / day
$ 125.00 / day
$ 0.50 / foot / day
$ 30.00 / day
10
MISCELLANEOUS SUPPORT EQUIPMENT
Triton Vacuum Unit.....................................................................................................
Portable Mini-Vacuum Unit.........................................................................................
Skid Mounted Vacuum Unit (includes 350 gallon storage tank)…………………………..
Wheel Mounted Generated Light Plant........................................................................
Skid Mounted Generated Light Plant...........................................................................
Halogen Light Stand.....................................................................................................
Pneumatic Foam Unit...................................................................................................
Wildlife Hazing Cannon (includes 1 full propane bottle).....................................................
Propane Bottle Refills...................................................................................................
Acetylene / Oxygen Torch Set......................................................................................
Acetylene / Oxygen Bottle Refills................................................................................
Welding Machine (includes rods & PPE)………………………………………………...
Rope Ladder.................................................................................................................
8’ Fiberglass Step Ladder.............................................................................................
16’ – 24’ Fiberglass Extension Ladder.........................................................................
40’ Aluminum Extension Ladder.................................................................................
24’ Aluminum Catwalk with Handrails........................................................................
Grass Cutting String Trimmer......................................................................................
Brush Cutter………………………………………………………………………….
Chainsaw......................................................................................................................
Replacement Chain / Cutting Blades............................................................................
Leaf Blower…………………………………………………………………………..
Wheelbarrow................................................................................................................
Drum Crusher………………………………………………………………………...
Roll Off Box (open top / roll tarp) (20 – 25 cubic yard / household garbage).............................
Roll Off Box (open top / roll tarp) (20 – 25 cubic yard / contaminated solid waste).....................
Roll Off Box (roll top lid) (20 – 25 cubic yard / sludge).........................................................
Roll Off Box (vacuum box) (20 – 25 cubic yard)..................................................................
Roll Off Box (open top) (40 cubic yard / scrap iron / debris)...................................................
Camper Trailer (5 man capacity)......................................................................................
350 Gallon Poly Tote Tank (clean water storage).............................................................
500 Gallon S/S Tote Tank (fuel storage)……………………………………………….
RATE
$1,500.00 per day
$1,250.00 per day
$ 750.00 per day
$ 200.00 / day
$ 225.00 / day
$ 50.00 / day
$ 200.00 / day
$ 60.00 / day
$ Cost + 20%
$ 175.00 / day
$ Cost + 20%
$ 250.00 / day
$ 20.00 / day
$ 25.00 / day
$ 35.00 / day
$ 50.00 / day
$ 100.00 / day
$ 40.00 / day
$ 60.00 / day
$ 65.00 / day
$ Cost + 20%
$ 35.00 / day
$ 25.00 / day
$ 150.00 / day
$ 25.00 / day
$ 40.00 / day
$ 50.00 / day
$ 75.00 / day
$ 40.00 / day
$ 500.00 / day
$ 400.00 / day
$ 350.00 / day
$ 60.00 / day
$ 75.00 / day
DECONTAMINATION EQUIPMENT
Disposable Decon Pool.................................................................................................
Decon Pool (10’ X 10’)................................................................................................
Decon Pool (12’ X 50’)................................................................................................
Decon Pool (25’ X 50’)………………………………………………………………
Decon Pool (25’ X 100’)..............................................................................................
Decon Pool (50’ X 100’)..............................................................................................
2 Gallon Hudson Sprayer…………………………………………………………….
Long Handle Scrub Brushes………………………………………………………….
Short Handle Scrub Brushes………………………………………………………….
RATE
$ 25.00 / each
$ 150.00 / day
$ 200.00 / day
$ 300.00 / day
$ 425.00 / day
$ 650.00 / day
$ 40.00 / each
$ 15.00 / each
$ 10.00 / each
11
PERSONAL PROTECTIVE EQUPMENT
Polypro Coveralls (Particulate Contaminants Only / 25 per case)...........................................
Tyvek Coveralls (Dry Contaminants Only / 25 per case).......................................................
Polycoated Tyvek Coveralls.........................................................................................
CPF-1 Protective Coveralls..........................................................................................
CPF-2 Protective Coveralls (taped seams).......................................................................
CPF-2 Protective Coveralls (sewn seams).......................................................................
CPF-3 Protective Coveralls (encapsulated)......................................................................
CPF-4 Protective Coveralls (fully encapsulated)............................................................
Level A Suit (fully encapsulated)....................................................................................
Acid/Corrosive Protective Coveralls............................................................................
Disposable Slicker Suit (2 piece suit)..............................................................................
Heavy Duty Slicker Suit (2 piece suit).............................................................................
Flame Retardant Coveralls...........................................................................................
Bunker Gear (complete set)..............................................................................................
Bunker Gear Refurbishment.........................................................................................
Chemical Resistant Hazmat Boots...............................................................................
Tyvek Boot Covers.......................................................................................................
Latex Boot Covers……………………………………………………………………
Steel Toe PVC Rubber Boots.......................................................................................
Steel Toe Hip Boots…………………………………………………………………..
Plain Toe Hip Boots.....................................................................................................
Steel Toe Chest Waders………………………………………………………………
Plain Toe Chest Waders...............................................................................................
Metatarsal Protectors....................................................................................................
Shin-Instep Protectors………………………………………………………………..
Snake Chaps………………………………………………………………………….
Chainsaw Chaps……………………………………………………………………...
Cotton Work Gloves.....................................................................................................
Leather Work Gloves....................................................................................................
Inner Protective Gloves (surgical style / 25 pairs per box)...................................................
PVC Rubber Gloves.....................................................................................................
Nitrile Gloves...............................................................................................................
Safety Glasses (clear or tinted lens)...................................................................................
Safety Goggles (chemical splash resistant)…………………………………………………………
Face Shield (hard hat mounted).........................................................................................
Face Shield Replacement Lens.....................................................................................
Dust / Particulate Mask.................................................................................................
Half Face Air Purifying Respirator..............................................................................
Full Face Air Purifying Respirator...............................................................................
H.E.P.A. APR Cartridges.............................................................................................
Organic Vapor APR Cartridges....................................................................................
Organic Vapor/HEPA APR Cartridges........................................................................
Chemical Vapor APR Cartridges.................................................................................
Disposable Foam Earplugs (200 pairs)………………………………………................
Ear Muffs (NRR 30 dB)……………………………………………………………...
12
RATE
$ 150.00 per case
$ 225.00 per case
$ 20.00 per suit
$ 24.00 per suit
$ 90.00 per suit
$ 60.00 per suit
$ 250.00 per suit
$ 350.00 per suit
$ Cost + 20%
$ 150.00 per suit
$ 15.00 per suit
$ 40.00 per suit
$ 250.00 each
$ 150.00 per pair
$ 5.00 per pair
$ 10.00 per pair
$ 40.00 per pair
$ 175.00 per pair
$ 75.00 per pair
$ 250.00 per pair
$ 150.00 per pair
$ 200.00 per pair
$ 250.00 per pair
$ 80.00 per pair
$ 95.00 per pair
$ 3.50 per pair
$ 10.00 per pair
$ 45.00 per box
$ 5.50 per pair
$ 5.00 per pair
$ 10.00 per pair
$ 15.00 per pair
$ 20.00 each
$ 8.00 each
$ 3.00 each
$ 25.00 each / day
$ 50.00 each / day
$ 30.00 per pair
$ 35.00 per pair
$ 40.00 per pair
$ 50.00 per pair
$ 60.00 per box
$ 75.00 each
SAFETY SUPPORT EQUIPMENT
5 Minute Escape Pack...................................................................................................
30 Minute S.C.B.A.......................................................................................................
60 Minute S.C.B.A.......................................................................................................
4 Bottle H.P. Breathing Air Cascade System...............................................................
20 Bottle H.P. Breathing Air Cascade System.............................................................
Breathing Air Refills....................................................................................................
4 Stage Breathing Air Compressor...............................................................................
10 lb. A, B, C Dry Chemical Fire Extinguisher...........................................................
20 lb. A, B, C Dry Chemical Fire Extinguisher...........................................................
Portable Hand Wash Station (rental only)......................................................................
Portable Eye Wash Station (wall mount type)..................................................................
Portable Eye Wash with Drench Hose (pressurized keg type)...........................................
Eye Wash Replacement Solution (180 oz).....................................................................
USCG Approved First Aid Kit / Burn Kit....................................................................
Tripod / Winch Personnel Retrieval System................................................................
Full Body Harness / Fall Protection Lanyard...............................................................
Forced Air Heaters (250k – 400k BTU)............................................................................
10’ X 10’ Personnel Tent..............................................................................................
30’ X 30’ Personnel Tent..............................................................................................
Portable Ventilation Fan (electric, includes 15’ duct).........................................................
Additional Ventilation Ducting....................................................................................
Turbine Air Blower (pneumatic Ram Fan)........................................................................
6” – 8” Venturi Blower (coppus blower)..........................................................................
12” – 14” Venturi Blower (coppus blower)......................................................................
Traffic Control Emergency Lighting............................................................................
Explosion Proof Drop Light.........................................................................................
Explosion Proof Flood Light........................................................................................
Flashlight……………………………………………………………………………...
Intrinsically Safe Flashlight…………………………………………………………..
RATE
$ 125.00 each / day
$ 175.00 each / day
$ 225.00 each / day
$ 275.00 / day
$ 350.00 / day
$ 400.00 / day
$ 600.00 / day
$ Cost + 20%
$ 275.00 / day
$ 20.00 / day
$ 30.00 / day
$ 50.00 / day
$ 20.00 / day
$ 100.00 / day
$ 90.00 / each
$ 15.00 / day
$ 175.00 / day
$ 50.00 / day
$ 40.00 each / day
$ 50.00 / day
$ 150.00 / day
$ 50.00 / day
$ 2.50 / foot / day
$ 75.00 / day
$ 55.00 / day
$ 75.00 / day
$ 100.00 / day
$ 60.00 / day
$ 160.00 / day
$ 5.00 / day
$ 15.00 / day
ATMOSPHERIC TESTING EQUIPMENT
4 Gas Air Monitoring Instrument.................................................................................
Draeger CMS Air Monitoring Instrument....................................................................
Draeger CMS Sample Card (10 samples / card)................................................................
PID................................................................................................................................
FID................................................................................................................................
4 Gas PID + VOC Capabilities.....................................................................................
Ultra Rae Chemical Specific PID.................................................................................
Ultra Rae Chemical Specific Detection Tubes (6 tubes / box).........................................
Toxic Vapor Personal Alarm (cricket)............................................................................
Ludlum N.O.R.M. Survey Instrument..........................................................................
Noise Dosimeter……………………………………………………………………...
pH Meter……………………………………………………………………………..
RATE
$ 150.00 / day
$ 175.00 / day
$ 275.00 / each
$ 200.00 / day
$ 350.00 / day
$ 300.00 / day
$ 200.00 / day
$ 150.00 / box
$ 25.00 each / day
$ 75.00 / day
$ 50.00 / day
$ 40.00 / day
13
COMMUNICATIONS / ELECTRONIC EQUIPMENT
Cellular Phone (air time included).....................................................................................
Satellite Phone (air time included)....................................................................................
Wireless Internet Card (air time included)........................................................................
Hand Held Radio (VHF or UHF).....................................................................................
Hand Held GPS............................................................................................................
Portable Radio Repeater...............................................................................................
Laptop Computer & Printer, Text.................................................................................
Poster Printer................................................................................................................
Multi-Function Copier/Scanner/Fax.............................................................................
Digital Camera……………………………………………………………………….
Digital Video Camera………………………………………………………………..
Electronic Copies/Photos/Documents/Reports………………………………………
RATE
$ 35.00 / day
$ 200.00 / day
$ 25.00 / day
$ 25.00 / day
$ 50.00 / day
$ Cost + 20%
$ 125.00 / day
$ 250.00 / day
$ 150.00 / day
$ 30.00 / day
$ 65.00 / day
$ 6.00 / each
COMMAND POST RESOURCES
RATE
Mobile Command Post / Office Trailer........................................................................ $ 850.00 per day
Command Post – ES&H Office Facility....................................................................... $1,500.00 per day
HEAVY EQUIPMENT
Warehouse Forklift (8,000 lb. capacity)............................................................................
Off-Road Forklift (8,000 lb. capacity)...............................................................................
Extended Reach Forklift (8,000 lb. capacity)....................................................................
Heavy Lift Off-Road Forklift (20,000 lb. capacity)...........................................................
Skid Steer Front End Loader (T190 Bobcat or equivalent).................................................
Mini-Excavator (337/341 Bobcat or equivalent)..................................................................
Trac-hoe Excavator (160 John Deere or equivalent)........................................................................
Trac-hoe Excavator (200 John Deere or equivalent)........................................................................
Long Reach Trac-hoe Excavator (60’ boom max).......................................................................
Rubber Tire Backhoe (310 John Deere or equivalent)…………………………………….
4 Wheel Drive Rubber Tire Backhoe (John Deere 410 or equivalent)…………………….
Bulldozer (450 John Deere or equivalent)............................................................................
Bulldozer (550 John Deere or equivalent)............................................................................
25 – 40 HP Tractor........................................................................................................
41 – 100 HP Tractor………………………………………………………………….
48” Disc Plow...............................................................................................................
48” Bush Hog...............................................................................................................
Laminated / Timber Mats.............................................................................................
All Other Heavy Equipment Not Listed Above...........................................................
RATE
$ 380.00 / day + fuel
$ 400.00 / day + fuel
$ 700.00 / day + fuel
$ 900.00 / day + fuel
$ 385.00 / day + fuel
$ 425.00 / day + fuel
$1,150.00 / day + fuel
$1,300.00 / day + fuel
$1,500.00 / day + fuel
$ 500.00 / day + fuel
$ 600.00 / day + fuel
$ 800.00 / day + fuel
$ 900.00 / day + fuel
$ 380.00 / day + fuel
$ 650.00 / day + fuel
$100.00 / day
$150.00 / day
$ 15.00 each / day
$ Cost + 20%
WASTE MANAGEMENT / DISPOSAL
Non-Hazardous Waste Profile (one time charge).............................................................
Hazardous Waste Profile (one time charge).....................................................................
Non-Hazardous Drum Disposal (55 gallon)(oily sorbents / debris)......................................
Non-Hazardous Drum Disposal (55 gallon)(soil / sand / rocks)..........................................
Non-Hazardous Waste Water Disposal (pending approval)..............................................
**This rate applies to ES&H Treatment Facility in Houma, LA only**
RATE
$150.00 / each
$250.00 / each
$110.00 / drum
$160.00 / drum
$ 0.25 / gallon**
14
ABSORBENT MATERIALS
Oil Absorbent Pads (100 per bale)...................................................................................
Universal Absorbent Pads (50 per bale)..........................................................................
Chemical Absorbent Pads (100 per bale).........................................................................
5” Oil Absorbent Boom (40’ / bale)................................................................................................
8” Oil Absorbent Boom (40’ / bale)................................................................................................
5” Chemical Absorbent Boom (40’ / bale)....................................................................................
8” Chemical Absorbent Boom (40’ / bale)....................................................................................
Oil Absorbent Roll (144’ X 38”)......................................................................................................
Oil Absorbent Sweep (100’ X 24”)..................................................................................................
Industrial Carpet (36” X 150’).........................................................................................
Pom-Pom Snare (30 snare / box).......................................................................................................
50’ Pom-Pom Snare-On-A-Rope..................................................................................
100’ Pom-Pom Snare-On-A-Rope................................................................................
Absorbent Particulate (27 pound bale).............................................................................................
Sphag Sorb (4 cu. ft. bag).................................................................................................
Sphag Sorb Boom (32’ / bale).........................................................................................
Peat Moss (3.8 cu. ft. bag)................................................................................................
Oil Gator (30 pound bag)..................................................................................................
Floor Dry / Stay Dry (clay absorbent / 40 lb. bag)..............................................................
RATE
$ 45.00 per bale
$ 70.00 per bale
$125.00 per bale
$105.00 per bale
$145.00 per bale
$125.00 per bale
$175.00 per bale
$150.00 per roll
$100.00 per bale
$275.00 per roll
$ 60.00 per box
$ 80.00 per box
$200.00 per box
$ 93.00 per bale
$ 80.00 per bag
$200.00 per bale
$ 25.00 per bag
$ 35.00 per bag
$ 25.00 each
CONSUMABLES
Topsoil (50 pound bag).....................................................................................................
Grass Mat Roll..............................................................................................................
1/4” Poly Rope (300’ spool)............................................................................................
3/8” Poly Rope (300’ spool)............................................................................................
1/2” Poly Rope (300’ spool)............................................................................................
30 gallon Plastic Drum.................................................................................................
55 gallon Plastic Drum (Open Top Lid / DOT Approved)....................................................
55 gallon Steel Drum (Open Top Lid / DOT Approved).................................................................
85 gallon Steel Salvage Drum......................................................................................
95 gallon Plastic Salvage Drum....................................................................................
110 gallon Steel Salvage Drum....................................................................................
Duct Tape.....................................................................................................................
Teflon Tape / Electrical Tape………………………………………………………...
Barrier Tape..................................................................................................................
Mylar Flagging (2” X 100’).............................................................................................
Cane Pole (12’ – 15’).....................................................................................................
Wooden Stakes……………………………………………………………………….
Metal T-Post.................................................................................................................
Micro Blaze Emergency Liquid Spill Control (5 gallon bucket)......................................
Micro Blaze Emergency Liquid Spill Control (55 gallon drum)..............................................
Multec 1500 Degreaser Soap (5 gallon bucket)................................................................
Multec 1500 Degreaser Soap (55 gallon drum)................................................................
D-Limonene Degreaser Soap (55 gallon drum)................................................................
RATE
$ 15.00 per bag
$ 105.00 each
$ 60.00 each
$ 75.00 each
$ 90.00 each
$ 75.00 each
$ 85.00 each
$ 95.00 each
$ 200.00 each
$ 250.00 each
$ 375.00 each
$
6.00 per roll
$
3.00 per roll
$ 35.00 per roll
$ 75.00 per roll
$ 12.00 each
$ 10.00 each
$ 12.00 each
$ 275.00 each
$2,900.00 each
$ 150.00 each
$1,500.00 each
$1,200.00 each
15
CONSUMABLES (continued)
Simple Green (1 gallon pail)……………………………………………………………
Simple Green (5 gallon bucket)…………………………………………………………
Degreaser Soap (5 gallon bucket).....................................................................................
Kolor Safe (1 gallon pail).................................................................................................
Leak Detection Liquid (“Snoop”)……………………………………………………...
Hand Tools (shovels, rakes, pitchforks, etc.)........................................................................
Pollution Net.................................................................................................................
Pollution Cans (33 gallon)...............................................................................................
Visqueen (6 mil / 20’ X 100’)............................................................................................
Pollution Bags (6 mil – 50 per roll)...................................................................................
Roll Off Box Liner.......................................................................................................
Shrink Wrap………………………………………………………………………….
Sample Container (any size)……………………………………………………………………….
Outboard Motor Oil (gallon / 2 stroke).............................................................................
Outboard Motor Oil (gallon / 4 stroke).............................................................................
Lower Unit Oil (gallon)..................................................................................................................... .
Outboard Gear Oil (gallon).............................................................................................
Bottled Drinking Water (16 oz bottles/24 per case)………………………………………
Electrolyte Drinks (20 oz bottles/24 per case)…………………………………………….
Hand Cleaner................................................................................................................
Rags / Wipes (10 pound bale).............................................................................................................
Insect Repellant………………………………………………………………………
Wasp/Hornet Spray…………………………………………………………………..
Sunscreen Lotion……………………………………………………………………..
Orange Safety Fence (4’ X 100’)....................................................................................
Silt Fence (36” X 100’)…………………………………………………………………
Wooden Pallets……………………………………………………………………….
RATE
$ 18.00 each
$ 90.00 each
$ 75.00 each
$ 40.00 each
$ 10.00 each
$ 20.00 each
$ 18.00 each
$ 20.00 each
$100.00 per roll
$ 85.00 per roll
$ 45.00 each
$ 45.00 per roll
$ 7.50 each
$ 18.00 each
$ 20.00 each
$ 20.00 each
$ 25.00 each
$ 24.00 per case
$ 36.00 per case
$ 6.00 each
$ 25.00 per bale
$ 7.00 each
$ 10.00 each
$ 8.00 each
$ 100.00 per roll
$ 80.00 per roll
$ 20.00 each
EQUIPMENT, MATERIALS, SERVICES @ COST PLUS
Equipment Fuel (all equipment except vehicles)..................................................................
Portable Sanitary Facilities (port-o-lets / servicing)...........................................................
Marine Portable Tanks (any size or type).........................................................................
Crane / Cherry Pickers (any size or type).........................................................................
Third Party Transportation / Delivery Services (equipment /materials)............................
Catering Services.........................................................................................................
Tug or Push Boat..........................................................................................................
Deck Barge / Spud Barge.............................................................................................
Crew Boat / Supply Boat..............................................................................................
OSRV / Lift Boat..........................................................................................................
On Charter / Off Charter Surveys.................................................................................
Marine Chemist Services..............................................................................................
Float Plane / Helicopter Services..................................................................................
Decon Facility Rental / Improvements.........................................................................
Non-Hazardous Waste Disposal (Bulk).......................................................................
Hazardous Waste Disposal...........................................................................................
RATE
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 40%
$ Cost Plus 40%
$ Cost Plus 40%
$ Cost Plus 40%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
$ Cost Plus 20%
16
HAZMAT EQUIPMENT & MATERIALS
Chlorine “A” Kit...........................................................................................................
Chlorine “B” Kit...........................................................................................................
Chlorine “C” Kit...........................................................................................................
Chlorine Kit Replacement Gasket……………………………………………………
Compressed Nitrogen Tank..........................................................................................
Compressed Nitrogen Refill.........................................................................................
pH Test Strips...............................................................................................................
PCB Test Kit for Liquids (includes sampling pipette).........................................................
PCB Test Kit for Soil....................................................................................................
Mercury Test Kit..........................................................................................................
Mercury Spill Kit..........................................................................................................
Mercury Absorbent (pound)…………………………………………………………...
HEPA / Mercury Vacuum............................................................................................
HEPA Replacement Filter............................................................................................
Betts Emergency Transfer Valve..................................................................................
Butyl Basin...................................................................................................................
Plug and Patch Kit........................................................................................................
Drum Sampler / Thief………………………………………………………………...
Epoxy Sealant (tube)......................................................................................................
Bonding & Grounding Kit............................................................................................
Traffic Safety Cones.....................................................................................................
Hook Pole.....................................................................................................................
Pogo Pump....................................................................................................................
Gaylord Box.................................................................................................................
Pallet Puller...................................................................................................................
Drum Dolly/Drum Lift & Dump..................................................................................
Sweeper Attachment for Skid Steer..............................................................................
Rope Bucket.................................................................................................................
Hazmat Drum Liner......................................................................................................
Wet / Dry Vac...............................................................................................................
Power Broom (hand-held)...............................................................................................
Soda Ash (50 lb. bag)…………………………………………………………………..
Sodium Bicarbonate (50 lb. bag)....................................................................................
Sodium Hypochlorite 15% (gallon)……………………………………………………
Muriatic or Hydrochloric Acid (gallon).........................................................................
Acetic Acid (gallon).......................................................................................................
Citric Acid (50 lb. bag)…………………………………………………………………
Ammonia (gallon)……………………………………………………………………..
Bleach (gallon)…………………………………………………………………………
Distilled Water (gallon)..................................................................................................
Hydrogen Peroxide 35% (gallon)……………………………………………………...
Hydrated Lime (50 lb. bag).............................................................................................
Surfactant (gallon)……………………………………………………………………..
Pneumatic Tool Kit (reciprocating saw, drill, impact wrench, etc.)...............................................
Non-Sparking Hand Tools Set......................................................................................
17
RATE
$500.00 / day
$675.00 / day
$875.00 / day
$ Cost +20%
$100.00 / day
$ Cost + 20%
$ 3.00 each
$ 50.00 each
$ 60.00 each
$ 75.00 each
$250.00 each
$ 30.00 each
$300.00 / day
$ 80.00 each
$350.00 / day
$ 25.00 / day
$200.00 each
$ 10.00 each
$ 15.00 each
$100.00 / day
$ 5.00 each / day
$ 20.00 / day
$ 25.00 / day
$ 150.00 / each
$ 25.00 / day
$ 25.00 / day
$ 200.00 / day
$ 15.00 / day
$125.00 / roll
$ 40.00 / day
$ 50.00 / day
$ 35.00 each
$ 40.00 each
$ 22.00 each
$ 20.00 each
$ 15.00 each
$125.00 each
$ 8.00 each
$ 7.00 each
$ 10.00 each
$ 7.00 each
$ 25.00 each
$ 30.00 each
$150.00 / day
$ 50.00 / day
Response Office Locations
Houma, LA
Fourchon, LA
1730 Coteau Road
Houma, LA 70364
Phone: 985-851-5350
106 17th Street
Golden Meadow, LA 70357
Phone: 985-851-5350
Morgan City, LA
Golden Meadow, LA
3189 Highway 70
Morgan City, LA 70380
Phone: 985-385-6730
21148 Highway 1
Golden Meadow, LA 70357
Phone: 985-475-3030
Belle Chasse, LA
Venice, LA
2305 N. Concord Road
Belle Chasse, LA 70037
Phone: 504-340-0336
41026 Highway 23
Boothville, LA 70041
Phone: 504-534-7867
Lake Charles, LA
Lafayette, LA
4141 S. Beglis Parkway
Sulphur, LA 70665
Phone: 337-558-7543
203 Glaser Drive
Lafayette, LA 70508
Phone: 337-839-0646
Bossier City, LA
LaPlace, LA
101 Crown Court Place
Bossier City, LA 71112
Phone: 318-746-5620
1085 Bert Street
LaPlace, LA 70068
Phone: 985-652-4885
Mobile, AL
Houston, TX
5400-A Willis Road
Theodore, AL 36582
Phone: 251-653-9978
202 Preston Avenue
Pasadena, TX 77053
Phone: 713-921-7600
18
On motion by ____________, seconded by ______________, the following resolution
was introduced and adopted;
RESOLUTION NO. ____
RESOLUTION APPROVING THE PARISH PRESIDENT’S
APPOINTMENT OF RENITA R. JACKSON FOR THE POSITION
OF DIRECTOR OF FINANCE FOR THE LAFOURCHE PARISH
GOVERNMENT AND AUTHORIZING THE PARISH PRESIDENT
TO SIGN, EXECUTE AND ADMINISTER ANY AND ALL
RELEVANT DOCUMENTS.
WHEREAS, the Home Rule Charter of Lafourche Parish provides that the
Parish President shall nominate Department Heads to head all Departments established
by Ordinance; and
WHEREAS, the Parish President wishes to nominate
Renita R. Jackson as the Lafourche Parish Director of Finance; and
and
appoint
WHEREAS, this resolution was sponsored for Administration by Mr. Aaron
Caillouet, Councilman, District 3; and
Parish Government that the Council approve this appointment and authorize the
Parish President to sign, execute and administer any and all relevant documents;
and
THEREFORE, BE IT RESOLVED, that the Lafourche Parish Council
convened in regular session on January 28, 2014, and hereby approves the Parish
President’s appointment of Renita R. Jackson for the position of Director of Finance with
the salary of $70,720.00 annually plus benefits and authorizing the Parish President to
sign, execute and administer any and all relevant documents.
forwarded to Lafourche Parish Government Department of Finance, Department of
Human Resources, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
day of _____________.
___________________________________
_______________________________________
**********
certify that the foregoing is a true and correct copy of Resolution No. _______
adopted by the Assembled Council in Regular Session on
, at
which meeting a quorum was present.
DAY OF
, 2014.
_______________________________________
RESOLUTION ACCEPTING THE LOW BID FROM M&H BUILDERS,
INC. IN THE AMOUNT OF ONE MILLION TWO HUNDRED SEVENTYSEVEN THOUSAND DOLLARS ($1,277,000.00) FOR THE RACELAND
AG CENTER IMPROVEMENT PROJECT, FUNDED UNDER THE
HURRICANES GUSTAV/IKE COMMUNITY DEVELOPMENT BLOCK
GRANT PARISH-IMPLEMENTED RECOVERY PROGRAM; AND
AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE, AND
ADMINISTER AN AGREEMENT AND ANY AND ALL RELEVANT
DOCUMENTS.
WHEREAS, Lafourche Parish Government has received a grant allocation from the
Louisiana Office of Community Development Disaster Recovery Unit for funding under the
Hurricanes Gustav/Ike Community Development Block Grant Parish Implemented Recovery
Program to complete the Raceland Ag Center Improvement Project; and
WHEREAS, in order to perform the referenced work, bid documents were prepared for
Community Development Block Grant Project Number 29-PARA-3204 and were made available
to bidders in accordance with both state and federal procurement regulations; and
WHEREAS, a total of three (3) bids were received and opened on December 19, 2013,
and whereby the lowest bid received is within the budget; and
WHEREAS, the bid of M&H Builders, Inc. in the amount of $1,277,000.00 is the lowest
responsive bid from among the bids received; and
WHEREAS, the bid of M&H Builders, Inc. has been reviewed by the Project Engineer,
Kevin M. Gros, Weimer Gros Flores Architecture & Interior Design, who has recommended to
the Parish Administration that a contract be awarded to M&H Builders, Inc.; and
WHEREAS, this resolution was sponsored for Administration by Mr. Lindel Toups,
Government that the Council accept the low bid from M&H Builders, Inc. in the amount
of one million two hundred seventy-seven thousand dollars ($1,277,000.00) for the
Raceland Ag Center Improvement Project funded under the Hurricanes Gustav/Ike
Community Development Block Grant Parish-Implemented Recovery Program; and
authorizing the Parish President to sign, execute, and administer an agreement and any
regular session on January 28, 2014, and does hereby accept the low bid M&H Builders, Inc. in
the amount of one million two hundred seventy-seven thousand dollars ($1,277,000.00) for the
Raceland Ag Center Improvement Project funded under Hurricanes Gustav/Ike Community
Development Block Grant Parish-Implemented Recovery Program; and authorizing the Parish
President to sign, execute, and administer an agreement and any and all relevant documents.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
M&H Builders, Inc. (13490 Redbud Street, Vacherie, Louisiana 70090); Weimer Gros Flores
(c/o Kevin Gros, 307 Canal Blvd., Thibodaux, Louisiana 70301); Hunt, Guillot, & Associates,
LLC (c/o Bonnie Lafont, 1340 Poydras Street, Ste. 1810, New Orleans, Louisiana 70112);
Picciola & Associates, Inc. (Jack Plaisance, P. O. Box 687, Cut Off, Louisiana 70345);
Lafourche Parish Government Department of Grants & Economic Development, Department of
Finance, and the Office of the Parish Administrator.
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted this _____ day of _______________.
_________________________________
_____________________________________
**********
_______________.
___________________________________
December 24, 2013
Mrs. Charlotte Randolph, Parish President
402 Green Street
Thibodaux, LA 70301
Re: Raceland Ag Center Improvement Project,
115 Texas St.
Raceland, Louisiana
Architect’s Project No. 1214
Dear Mrs. Randolph:
Bids were opened for the Raceland Ag Center Improvements Project on December 19,
2013. The low bid was submitted by M&H Builders, Inc. in the amount of $1,277,000.00.
The contractor has confirmed their bid is accurate; therefore, I recommend the award of a
contract for construction of this project to M&H Builders, Inc. in the amount of
$1,277,000.00.
The bid tabulation form is attached for your information.
If you should have questions or comments about this, please notify me at your convenience.
Sincerely,
Kevin M. Gros, Architect AIA
KMG/adc
Copy:
Bonnie Lafont
Jack Plaisance
Archie Chiasson
File
Z:\Document\2012 wgf\1214\02\131224-Let.Bid Recommendation.doc
BID TABULATION
Date:
Project Number:
Project:
December 19, 2013
Time: 2:00 P.M.
1214
Raceland Ag Center Improvements
115 Texas Street
Raceland, Louisiana
Hurricanes Gustav/Ike CDBG Disaster Recovery Program
Bid Results:
Contractor
License
No.
Bonneval Construction Co., Inc.
21105
Foret Contracting Group, LLC
44882
J.C. Lewis Construction, LLC
53649
LA Contracting Enterprise, LLC
34263
M&H Builders, Inc.
6048
Randy Landry Construction, LLC
43916
Thomassie Construction, Inc.
24904
Bid
Security
Addendum
No.1
Addendum
No. 2
Addendum
No. 3
Base Bid




$1,348,000




$1,277,000




$1,497,000
Signature: _____________________________________
Kevin M. Gros, AIA Architect
307 Canal Blvd., Thibodaux, LA 70301
Phone: 985-447-9931
On motion by ____________, seconded by ______________, the following resolution was
introduced and adopted;
RESOLUTION NO. ____
RESOLUTION
APPROVING
AN
AGREEMENT
BETWEEN
LAFOURCHE PARISH GOVERNMENT AND DUPLANTIS DESIGN
GROUP, PC FOR ENGINEERING DESIGN SERVICES FOR THE
LOCKPORT COMMUNITY AND RECREATION CENTER PROJECT
AND AUTHORIZING THE PARISH PRESIDENT TO SIGN, EXECUTE
AND ADMINISTER ANY AND ALL RELEVANT DOCUMENTS.
WHEREAS, the Lockport Community and Recreation Center Project was submitted to
the Louisiana Office of Community Development – Disaster Recovery Unit as a project of the
CDBG funding “Hurricanes Gustav and Ike Parish-Implemented Recovery Program” and
received approval of the application in the amount of $2,625,736.00; and
WHEREAS, the required procurement process of Request for Qualifications was
performed by Lafourche Parish Government for the engineering services for planning/design of
the Lockport Community and Recreation Center with Duplantis Design Group, PC receiving the
highest ranking of qualifications submitted; and
WHEREAS, the proposed agreement between the Lafourche Parish Government and
Duplantis Design Group, PC herein has been reviewed and approved for cost reasonableness
within CDBG guidelines and is now ready for execution; and
WHEREAS, this resolution was sponsored for Administration by Mr. Lindel Toups,
District 6; and
Parish Government that the Council approves an agreement between Lafourche
Parish Government and Duplantis Design Group, PC for engineering design services
for the Lockport Community and Recreation Center Project and authorizing the
Parish President to sign, execute and administer any and all relevant documents.
regular session on January 28, 2014, and does hereby approve an agreement between Lafourche
Parish Government and Duplantis Design Group, PC for engineering design services for the
Lockport Community and Recreation Center Project and authorizing the Parish President to sign,
execute and administer any and all relevant documents.
forwarded to Duplantis Design Group (c/o L. “Andy” Positerry, II 314 E. Bayou Road.,
Thibodaux, LA 70301); Hunt, Guillot, & Associates (c/o Bonnie Lafont, 1340 Poydras, Suite
1810, New Orleans, LA 70112); Lafourche Parish Government Department of Public Works,
Department of Grants & Economic Development, Department of Finance, and the Office of the
Parish Administrator.
YEAS:
NAYS:
ABSENT:
day of _____________, 2014.
_______________________________
___________________________________________
**********
the foregoing is a true and correct copy of Resolution No.
adopted by the
Assembled Council in Regular Session on
, at which meeting a
quorum was present.
GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE THIS ______, DAY
OF
, 2014.
_______________________________________
STANDARD FORM OF AGREEMENT
BETWEEN THE
AND
Duplantis Design Group, PC
(Professional Architectural and Engineering Services)
AGREEMENT:
made as of the
day of
in the year
BETWEEN the OWNER:
402 Green Street
Thibodaux, LA 70301
and the ARCHITECT:
314 East Bayou Road
Thibodaux, LA 70301
.
Officers of the Firm:
David L. Duplantis, Matthew K. Newchurch,
L. Andy Positerry, II
Federal Tax I. D. Number:
72-1359963
The Scope is:
Lafourche Parish Government has requested funds in the Hurricanes Gustav/Ike CDBG
Parish Implemented Recovery Program funding for the construction of a new multipurpose community and recreation center in the Town of Lockport, Louisiana. The
project will consist of elements as outlined in the Request for Qualifications, pending
compliance with budgetary constraints:
1. Construction of a multi-purpose community center including a gymnasium,
office space, meeting room, commercial kitchen and equipment, restroom, and
showers. The gymnasium build-out will consist of wooden gym, floor,
bleachers, wall-mounted score board, basketball goals/backstops, and lockers.
2. Installation of an electrical backup generator system, sprinkler and fire protection
systems designed to meet all applicable building codes.
3. Construction of a 10,000 square foot public pavilion and outdoor swimming pool
attached to the multi-purpose community center and security fencing.
4. Site improvements consisting of utility services, sewer treatment plant, drainage,
parking area with ADA handicapped accessibility, and outdoor lighting.
Terms which are capitalized are defined terms. If the capitalized terms are not defined herein
(including by the reference set forth in Article 8.2), then the definition of that term shall be the same
as is contained in the respective general contract to which an individual notice to proceed applies.
The OWNER and the ARCHITECT agree as set forth below:
Page 1 of 54
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN
OWNER AND ARCHITECT
OWNER desires to secure the services of the ARCHITECT to prepare the preliminary
architectural and engineering design required in the preparation of its Hurricanes Gustav/Ike
CDBG-Disaster Recovery application package to secure funding to construct the Lockport
Community and Recreation Center, in facilitation of the Lafourche Parish Government; and, to
administer and implement the design and construction of the project, if the OWNER is
successful in securing CDBG-Disaster Recovery funding.
To implement the project, the following professional services will be required:
1. Preparation of architectural, civil, structural, mechanical, and electrical design documents
for Bidding and associated work related to Contract Administration, hereinafter known as
“Basic Design Services.” (Exhibit C)
2. Preparation of a Geotechnical Investigation as an additional service by a Louisiana
licensed Geotechnical Engineer as necessary to design the foundation system for the
proposed warehouse, hereinafter known as “Geotechnical Engineering Services”.
(Exhibit D)
3. Providing, as an Additional Service, Field Project Representation in addition to Basic
Services visits to the site at an interval to accommodate one site visit per week,
hereinafter known as “Project Representation Services.” At this time, it is estimated that
twenty-six (26) site visits conducted under Project Representation Services will be
conducted. (Exhibit E)
4. Preparation of Topographic and Boundary Surveys as an Additional Service by a
Louisiana licensed Land Surveyor necessary to complete the design documents,
hereinafter known as “Boundary and Topographical Surveying Services.” (Exhibit F)
5. Providing, as an Additional Service, preparation and submittal of the applications for
approvals from Authorities Having Jurisdiction, limited to: State Fire Marshal, Lafourche
Parish Permit Office, Department of Health & Hospitals, and Department of
Transportation and Development (DOTD). Services described herein do not include
submittals to Department of Natural Resources (DNR) or U.S. Army Corps of Engineers
as it is our understanding that OWNER has begun this process. (Exhibit G)
6. Providing, as an Additional Service in accordance with 2.1.4, the services of a specialized
Pool Consultant in order to provide design, construction documentation, specification and
construction administration of the swimming pool and related equipment of the project.
It is understood that the proposed swimming pool is a 25-yard by six 7-foot wide lanes.
(Exhibit H)
OWNER and ARCHITECT in consideration of their mutual covenants herein agree in respect of
the performance of professional design services by ARCHITECT and the payment for those
services by OWNER as set forth below.
SECTION 1 - BASIC SERVICES OF ARCHITECT
Page 2 of 54
1.1.
General:
1.1.1. ARCHITECT shall provide for OWNER professional design services in all phases of the
Project to which this Agreement applies as hereinafter provided. These services will include
serving as OWNER'S professional design representative for the Project, providing professional
consultation and advice and furnishing customary civil design and also provide as topographic
surveys and field layout for construction as subcontracts.
1.2.
Application Phase
(DELETED)
1.3.
Design Phase:
During the Design Phase, ARCHITECT shall:
1.3.1. Prepare Contract Documents (hereinafter called Drawings and Specifications) to show
the general scope, extent and character of the work to be furnished and performed by
CONTRACTOR. The general segments of work in this Phase are as typically denoted as:
Schematic Submission, Design Development Submission, and Construction Documents
Submission.
1.3.2. Prepare technical criteria, written descriptions and design data for use in filing
applications for permits with or obtaining approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and assist OWNER in consultations with
appropriate authorities. Prepare and assist OWNER in processing all applications for regulatory
or governmental approvals (State Fire Marshal, Department of Health and Hospitals, Local
Permitting Agencies, etc.); except Wetland Corps of Engineer Section 404 Permit, if any, which
if such are deemed to be determined to be necessary shall be considered as an Additional Service
under 2.1.3.
1.3.3. Advise OWNER of the latest opinion of probable Total Project Costs caused by changes
in general scope, extent or character or design requirements of the Project or Construction Costs.
Furnish to OWNER an opinion of probable Total Project Costs based on the Drawings and
Specifications.
1.3.4. ARCHITECT shall determine the particular extent of subsurface geotechnical
investigation, if any, that may be required for the project.
1.3.5. Prepare for review and approval by OWNER, its legal counsel and the CDBG Advisors,
the contract agreement forms, general conditions and OCD-CDBG supplementary conditions,
and bid forms, invitations to bid and instructions to bidders and assist in the preparation of other
related documents.
1.3.6. Furnish two (2) copies of the Drawings, Specifications and detailed Estimate of
Construction Cost and present and review them in person with OWNER. Furnish one (1) copy
of the Drawings, Specifications and Estimate of Construction Cost to the CDBG Administrator.
Page 3 of 54
1.3.7. ARCHITECT shall give notice and contact owners of underground utilities or facilities
(or the regional notification center, if such exists) of the proposed plan of improvements as
provided in R.S. 38:2223. ARCHITECT shall submit documentation of the notification effort to
the OWNER and to the CDBG Administrator.
1.3.8. The duties for the Design Phase will be completed and Contract Documents and
ARCHITECT’S opinion of costs submitted in
180
calendar days of receipt of a Notice
to Proceed from the OWNER. The OWNER reserves the right to grant an extension where the
reasons for not meeting the required time frame were clearly beyond the control of the
ARCHITECT.
1.4. Bidding Phase: After authorization to proceed with the Bidding Phase, ARCHITECT
shall:
1.4.1. Assist OWNER in advertising for and obtaining bids for the contract for construction,
materials, equipment and services. Assist OWNER in drafting authorizing resolution for
advertisement for bids in accordance with R.S. 38:2214A. Provide copy of certified resolution to
CDBG Administrator. ARCHITECT shall maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre-bid conferences (if applicable), and upload and
distribute Bidding Documents via electronic plan distribution system. ARCHITECT shall
contact the CDBG Administrator to ensure that the latest wage rate determination as issued by
the U.S. Department of Labor is included in the Bidding Documents.
1.4.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents in
accordance with R.S. 38:2212C. et. seq. Forward a copy of all addenda issued to the OWNER
and the CDBG Administrator.
1.4.3. Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and
other persons and organizations proposed by the prime contractor (herein called
"CONTRACTOR") for those portions of the work as to which such acceptability is required by
the Bidding Documents.
1.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials
and equipment proposed by CONTRACTOR when substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. ARCHITECT shall contact the CDBG Administrator at least ten (10) days before the date
of receipt of bids to verify if any modifications to wage rates have been issued by the U. S.
Department of Labor (i.e. “ten day call”). If a modification has been issued, ARCHITECT shall
prepare and issue an addendum to notify bidders of the modification.
1.4.6. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding contracts for construction, materials,
equipment and services; prepare official recommendation of award with bid tabulation and
forward to OWNER and the CDBG Administrator. Before issuance of the recommendation of
award letter, ARCHITECT shall work with the CDBG Administrator to verify that the low
bidder is not on the HUD list of debarred or ineligible contractors. After award by the OWNER,
Page 4 of 54
secure a certified copy of the award resolution or ordinance and forward to the CDBG
Administrator.
1.5.
Construction Phase: During the Construction Phase:
1.5.1. General Administration of Construction Contract: ARCHITECT shall consult with and
advise OWNER and act as OWNER'S representative as provided in the General Conditions of
the Construction Contract. All of OWNER'S instructions to CONTRACTOR(S) will be issued
through the ARCHITECT who will have authority to act on behalf of OWNER to the extent
provided in said General Conditions except as otherwise provided in writing.
1.5.2. ARCHITECT shall make written recommendation to the OWNER for the number and
type of quality control testing required for the project; and assist the OWNER in soliciting three
(3) quotations from third party qualified testing laboratories for the estimated scope of services.
After selection has been made by OWNER, notify selected firm of appointment and provide
documentation of solicitation process to the CDBG Administrator.
1.5.3. ARCHITECT shall route Contracts for Construction between the OWNER and
CONTRACTOR for signatures and shall prepare “conformed” copies of the Construction
Contract Documents for distribution as follows:
•
•
•
•
OWNER–2 sets
CONTRACTOR–2 sets
ARCHITECT –1 set
OCD-CDBG–1 set
1.5.3.1. The “conformed” copies shall include the executed Agreement, Bonds,
Certificates of Insurance, the Notice to Proceed; Addenda (if any), completed NonCollusion Affidavit, Wage Rates, Section 3 Plans, and the Segregated Facilities
Certification.
1.5.4. ARCHITECT shall coordinate, schedule and conduct the Preconstruction Conference.
The CDBG Administrator shall be invited to attend the Conference to assist in outlining specific
obligations related to CDBG regulations. ARCHITECT shall prepare minutes of the Conference
and distribute to the OWNER, CONTRACTOR, and CDBG Administrator.
1.5.5. ARCHITECT shall assist the OWNER in the issuance of the Notice to Proceed to the
CONTRACTOR. A copy of the Notice to Proceed shall be copied to the OWNER and the
CDBG Administrator, in addition to the CONTRACTOR.
1.5.6. ARCHITECT shall assist OWNER in recordation with the Clerk of Court the following:
•
•
•
Executed Construction Contract
Performance Bond
Payment Bond
The cost for the recordation expense shall be paid for by the OWNER. A copy of the transmittal
letter to the Clerk of Court shall be copied to the OWNER and the CDBG Administrator.
Page 5 of 54
1.5.7. Visits to Site and Observation of Construction: In connection with observations of the
work of CONTRACTOR while it is in progress:
1.5.7.1. ARCHITECT shall make visits to the site at intervals appropriate to the
various stages of construction as ARCHITECT deems necessary in order to observe as an
experienced and qualified design professional the progress and quality of the various
aspects of Contract work, however in no case shall such visits be less than once per week
(including the visits conducted as part of Project Representation Additional Services)
while work is being performed. Based on information obtained during such visits and on
such observations, ARCHITECT shall endeavor to determine, in general, if such work is
proceeding in accordance with the Contract Documents and ARCHITECT shall keep
OWNER informed of the progress of the work.
1.5.7.1.1. As a Professional Service supplemental to Design Services,
ARCHITECT shall provide the services of a Field Project Representative at the
site to assist ARCHITECT and to provide more expanded observation of such
work. The Project Representative (and any assistants) will be ARCHITECT'S
agent or employee and under ARCHITECT’S supervision. The Project
Representative will be on-site to verify and observe construction on a part-time
basis as required by the specific stage of construction or scheduled construction
activities.
1.5.7.2
The purpose of ARCHITECT'S visits to the site will be to enable
ARCHITECT to better carry out the duties and responsibilities assigned to and
undertaken by ARCHITECT during the Construction Phase, and, in addition, by exercise
of ARCHITECT'S efforts as an experienced and qualified design professional, to provide
for OWNER greater degree of confidence that the completed work of CONTRACTOR
will conform generally to the Contract Documents and that the integrity of the design
concept as reflected in the Contract Documents has been implemented and preserved by
CONTRACTOR. On the other hand, ARCHITECT shall not, during such visits or as a
result of such observations of CONTRACTOR'S work in progress, supervise, direct or
have control over CONTRACTOR'S work nor shall ARCHITECT have authority over or
responsibility for the means, methods, techniques, sequences or procedures of
construction selected by CONTRACTOR, for safety precautions and programs incident
to the work of CONTRACTOR or for any failure of CONTRACTOR to comply with
laws, rules, regulations, ordinances, codes or orders applicable to CONTRACTOR
furnishing and performing their work. Accordingly, ARCHITECT can neither guarantee
the performance of the construction contracts by CONTRACTOR nor assume
responsibility for CONTRACTOR'S failure to furnish and perform their work in
accordance with the Contract Documents.
1.5.7.3. Each site visit made by the ARCHITECT shall be documented by notes of
observations of progress made, denote general number of workers present, activities
completed, areas of concern, etc. The observations shall be denoted on a Site Visit
Report with the Reports forwarded periodically, no less than monthly, to the OWNER
and the CDBG Administrator for review and filing.
Page 6 of 54
1.5.8. Defective Work: During such visits and on the basis of such observations, ARCHITECT
may disapprove of or reject CONTRACTOR'S work while it is in progress if ARCHITECT
believes that such work will not produce a completed Project that conforms generally to the
Contract Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents.
1.5.9. Interpretations and Clarifications: ARCHITECT shall issue necessary interpretations and
clarifications of the Contract Documents and in connection therewith prepare work directive
changes and change orders as required. All change orders are to be routed to the CDBG
Administrator for review and acknowledgement prior to routing to the OWNER for approval.
1.5.10. Shop Drawings: ARCHITECT shall review and approve (or take other appropriate action
in respect of) Shop Drawings, samples and other data which CONTRACTOR is required to
submit, but only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. Such reviews and approvals or other action shall
not extend to means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto.
1.5.11. Substitutes: ARCHITECT shall evaluate and determine the acceptability of substitute
materials and equipment proposed by CONTRACTOR.
1.5.12. Vehicle Travel Mileage, Long Distance Calls, Postage, Express Mail: The costs
associated with vehicle travel mileage (for ARCHITECT and Consultants); long distance calls,
postage, express mailing, etc., shall be considered as a component of the Basic Services fee and
included in the lump sum fees provided for in Section 5.1.1 and Section 5.1.2.
1.5.13. Disputes Between OWNER and CONTRACTOR: ARCHITECT shall act as initial
interpreter of the requirements of the Contract Documents and judge of the acceptability of the
work thereunder and make decisions on all claims of OWNER and CONTRACTOR relating to
the acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. ARCHITECT shall not be liable for the
results of any such interpretations or decisions rendered in good faith.
1.5.14. Applications for Payment: Based on ARCHITECT'S on-site observations as an
experienced and qualified design professional, and on review of applications for payment and the
accompanying data and schedules:
1.5.14.1. ARCHITECT shall determine the amounts owning to CONTRACTOR and
recommend in writing payments to CONTRACTOR in such amounts.
Such
recommendations of payment will constitute a representation to OWNER, based on such
observations and review, that the work has progressed to the point indicated, and that, to
the best of ARCHITECT'S knowledge information and belief, the quality of such work is
generally in accordance with the Contract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to any other qualifications
stated in the recommendation). In the case of unit price work, ARCHITECT'S
recommendations of payment will include final determinations or quantities and
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classifications of such work (subject to any subsequent adjustments allowed by the
Contract Documents).
1.5.14.2. By recommending any payment ARCHITECT will not thereby be deemed to
have represented that exhaustive, continuous or detailed reviews or examinations have
been made by ARCHITECT to check the quality or quantity of CONTRACTOR'S work
as it is furnished and performed beyond the responsibilities specifically assigned to
ARCHITECT in this Agreement and the Contract Documents. ARCHITECT'S review of
CONTRACTOR'S work for the purposes of recommending payments will not impose on
ARCHITECT responsibility to supervise, direct or control such work or for the means,
methods, techniques, sequences, or procedures of construction or safety precautions or
programs incident thereto or CONTRACTOR'S compliance with laws, rules, regulations
ordinances, codes or orders applicable to their furnishing and performing the work. It
will also not impose responsibility on ARCHITECT to make any examination to
ascertain how or for what purposes any CONTRACTOR has used any moneys paid on
account of the Contract Price, or to determine that title to any of the work, materials or
equipment has passed to OWNER free and clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at issue between OWNER and
CONTRACTOR that might affect the amount that should be paid.
1.5.15. Processing for Payment: Approved applications for payment shall be forwarded to the
OWNER for payment; with a copy of the ARCHITECT’s transmittal letter along with a copy of
the approved application for payment also submitted to the CDBG Administrator.
1.5.16. Quality Control Testing Invoices: ARCHITECT shall also review and approve for
payment any invoices submitted for quality control testing, with approved invoices forwarded to
the OWNER as well as to the CDBG Administrator.
1.5.17. CONTRACTOR'S Completion Documents: ARCHITECT shall receive and review
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals which are to be assembled by CONTRACTOR in accordance
with the Contract Documents (but such review will only be to determine that their content
complies with the requirements of, and in the case of certificates of inspection, tests and
approvals the result certified indicate compliance with, the Contract Documents); and shall
transmit them to OWNER with written comments.
1.5.18. Substantial/Final Completion Inspections: ARCHITECT shall conduct an inspection to
determine if the work is substantially complete and a final inspection to determine if the
completed work is acceptable so that ARCHITECT may recommend, in writing, final payment
to CONTRACTOR and may give written notice to OWNER and the CONTRACTOR that the
work is acceptable (subject to any conditions therein expressed), but any such recommendation
and notice will be subject to the limitations expressed in paragraph 1.5.14.2.
1.5.18.1. The ARCHITECT shall prepare a list of items (Punch List) for correction or
completion, together with an assigned dollar value. The ARCHITECT shall follow the
provisions of R.S. 38:2241.1 regarding acceptance of a project. Copies of the Punch List,
along with documentation to the recommending substantial completion acceptance, shall
be forwarded to the OWNER and the CDBG Administrator.
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1.5.19. Record Prints: ARCHITECT shall provide two (2) sets of record prints of Drawings,
each set in paper copy and electronic copy, showing those changes made during the construction
process, based on the marked-up prints, drawings and other data furnished by CONTRACTOR
to ARCHITECT and which ARCHITECT considers significant. One (1) copy shall be for the
OWNER’S Project files and one (1) copy submitted to the CDBG Administrator.
1.5.20. Final Payments: As provided for in R.S. 38:2241.1, ARCHITECT shall review and
approve completion of Punch List items remaining after acceptance and shall certify approval of
final payment to the CONTRACTOR. The final release of any retained funds shall not be made
until receipt of a clear lien certificate secured from the Clerk of Court after the statutory lien
period has expired. A copy of the final application for payment, with acknowledgement of
completion of Punch List items and attachment of the clear lien certificate shall be forwarded to
the OWNER and a copy to the CDBG Administrator for initiation of final payment and close
out.
1.5.21. Warranty Follow Up: The ARCHITECT shall be required to follow-up on items to be
corrected during the statutory one (1) year warranty period and shall arrange for and conduct on
site reviews as deemed reasonable to determine that the work is satisfactorily completed.
1.5.22. Limitation of Responsibilities: ARCHITECT shall not be responsible for the acts or
omissions of any CONTRACTOR, or of any subcontractor or supplier, or any of the
CONTRACTOR'S or subcontractor's or supplier's agents or employees or any other persons
(except ARCHITECT'S own employees and agents) at the site or otherwise furnishing or
performing any of the CONTRACTOR'S work; however, nothing contained in paragraphs 1.5.1
through 1.5.21 inclusive, shall be construed to release ARCHITECT from liability for failure to
properly perform duties and responsibilities assumed by ARCHITECT in the Contract
Documents.
SECTION 2 - ADDITIONAL SERVICES OF ARCHITECT
2.1.
Services Requiring Authorization in Advance:
If authorized in writing by OWNER, ARCHITECT shall furnish or obtain from others
Additional Services of the types listed in paragraphs 2.1.1 through 2.1.9, inclusive. These
services are not included as part of Basic Services, unless specifically noted otherwise. These
services will be paid for by OWNER as indicated in Section 5.
2.1.1. Services to make measured drawings of or to investigate existing conditions or facilities,
or to verify the accuracy of drawings or other information furnished by OWNER and field
surveys for design (Topographical Surveys) purposes. This service does not include surveys and
staking (Construction Staking) to enable CONTRACTOR to proceed with the work and
providing other special field surveys during construction of the project.
2.1.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule, character of construction or method of financing; and revising previously accepted
studies, reports, design documents or Contract Documents when such revisions are required by
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changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the
preparation of such studies, reports or documents, or are due to any other causes beyond
ARCHITECT'S control.
2.1.3. Prepare and assist OWNER in processing all applications for regulatory or governmental
approvals (State Fire Marshal, Department of Health and Hospitals, Federal Aviation
Administration, Local Permitting Agencies, etc.); except Wetland Corps of Engineer Section 404
Permit, if any, which if such are deemed to be determined to be necessary shall be considered as
an Additional Service to be approved by the OWNER.
2.1.4. Furnishing services of independent professional associates and consultants for other than
Basic Services (which include, but are not limited to, customary civil, structural, mechanical and
electrical design and customary architectural and engineering design incidental thereto); and
providing data or services of the types described in paragraph 3.4 when OWNER employs
ARCHITECT to provide such types described in paragraph 3.4.
2.1.5. Services during out-of-town travel required of ARCHITECT other than visits to the site
or OWNER'S office as required by Section 1.
2.1.6. Providing any type of property survey services needed for the transfer of interests in real
property.
2.1.7. Preparation of operating, maintenance, and staffing manuals to supplement Basic
Services.
2.1.8. Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration or other legal or administrative proceeding involving the Project.
2.1.9. Preparation of floor plan and space planning studies to assist OWNER in determining
floor plan effective layout.
2.1.10. Additional services in connection with the Project, including services which are to be
furnished by OWNER in accordance with Article 3, and services not otherwise provided for in
this Agreement.
2.1.11 Preparation of a Topographic and Boundary Survey to establish the existing boundary
lines of the property on which the improvements are to be constructed.
2.1.12 Additional services in connection with court records or title search necessary to establish
the boundary of the existing property.
2.2.
Required Additional Services:
When required by the Contract Documents for circumstances beyond ARCHITECT'S control,
ARCHITECT shall furnish or obtain from others, as circumstances require during construction
and without waiting for specific authorization from OWNER, Additional Services of the types
listed in paragraphs 2.2.1 through 2.2.2, inclusive. These services are not included as part of
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Basic Services. ARCHITECT shall advise OWNER promptly after starting any such Additional
Services which will be paid for by OWNER as indicated in Section 5.
2.2.1. Services in connection with work directive changes and change orders to reflect changes
requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
2.2.2. Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause/force majeure during construction, (2) a significant amount of
defective or neglected work of any CONTRACTOR, (3) acceleration of the progress schedule
involving services beyond normal working hours, and (4) default by any CONTRACTOR.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
ARCHITECT:
3.1. Designate a person to act as OWNER'S representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to ARCHITECT'S services for the Project.
3.2. Provide all criteria and full information as to OWNER'S requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expendability, and any budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be included in the Drawings and
Specifications.
3.3. Assist ARCHITECT by placing at ARCHITECT'S disposal all available information
pertinent to the Project including previous reports and any other data relative to design or
construction of the Project.
3.4. Furnish to ARCHITECT, as required for performance of ARCHITECT'S Basic Services
the following information is available and agreeable hereto:
3.4.1. Data prepared by or service of others, including without limitation subsurface
explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and
equipment;
3.4.2. Appropriate professional interpretations of all of the foregoing;
3.4.3. Environmental assessment and impact statements;
3.4.4. (DELETED);
3.4.5. Property descriptions;
3.4.6. Zoning, deed and other land use restriction; and
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3.4.7. Other special data or consultations not covered in Section 2; all of which ARCHITECT
may use and rely upon in performing services under this Agreement.
3.5. Provide design surveys to establish reference points for construction to enable
CONTRACTOR to proceed with the layout of the work.
3.6. Arrange for access to and make all provisions for ARCHITECT to enter upon public and
private property as required for ARCHITECT to perform services under this Agreement.
3.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ARCHITECT, obtain advise of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the service of
ARCHITECT.
3.8. Furnish copies of any approval or denial responses to ARCHITECT for permit
applications to from all governmental authorities having jurisdiction over the Project.
3.9. Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or ARCHITECT
may reasonably request with regard to legal issues pertaining to the Project including any that
may be raised by CONTRACTOR, such auditing service as OWNER may require to ascertain
how or for what purpose any CONTRACTOR has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to ascertain that CONTRACTOR
is complying with any law, rule, regulation, ordinance, code or order applicable to its furnishing
and performing the work.
3.10. Attend the pre-bid conference, bid opening, pre-construction conferences (if any),
construction progress and other job related meetings and substantial completion inspections and
final payment inspections.
3.11. Give prompt written notice to ARCHITECT whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ARCHITECT'S services,
or any defect or non-conformance in the work of CONTRACTOR.
3.12. Furnish, or direct ARCHITECT to provide, Additional Services as stipulated in
paragraph 2.1 of this Agreement or other services as required.
3.13. Bear all costs incident to compliance with the requirement of this Section.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates of compensation for
ARCHITECT'S services provided for elsewhere in the Agreement have been agreed to in
anticipation of the orderly and continuous progress of the Project through completion of the
Construction Phase. ARCHITECT'S obligation to render services hereunder will extend for a
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period which may reasonable be required for the design, award of contracts, construction and
initial operation of the Project including extra work and required extensions thereto.
4.2. ARCHITECT'S services under Application and Design Phase shall be considered
complete at the date when the submissions are delivered to OWNER for final acceptance, plus in
each case such additional time as may be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to approve the design of the Project.
4.3. After acceptance by OWNER of the ARCHITECT'S Drawings, Specifications and other
Design Phase documentation including the most recent opinion of probable Total Project Costs
and upon authorization to proceed, ARCHITECT shall proceed with performance of the services
call for in the Bidding Phase. This Phase shall terminate and the services to be rendered
thereunder shall be considered complete upon commencement of the Construction Phase.
4.4. The Construction Phase will commence with the execution of the contract to be executed
for the work of the Project or any part thereof, or upon execution and delivery of the Notice to
Proceed, at the option of the OWNER, and will terminate upon written recommendation by
ARCHITECT of final payment.
4.5. If OWNER has requested significant modifications or changes in the general scope,
extent or character of the Project, the time of performance of ARCHITECT'S services shall be
adjusted equitably.
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SECTION 5 - PAYMENTS TO ARCHITECT
5.1.
Methods of Payment for Services and Expenses of ARCHITECT:
5.1.1. RESERVED
5.1.2. For Basic Services: OWNER shall pay ARCHITECT for Basic Services rendered under
Section 1 as follows:
5.1.2.1.
Design Services:
5.1.2.1.1. Lafourche Parish Government Lockport Community and Recreation
Center, a lump sum fixed fee of Two hundred eighty-five thousand seven hundred
fifty-three dollars and no cents ($285,753.00) for all Basic Services (except
services of ARCHITECT’S Project Representative and assistants furnished under
Paragraph 1.5.7.1.1), which lump sum fixed fee was calculated on estimated man
hours indicated in EXHIBIT “C”.
5.1.2.2.
Project Representation Services:
5.1.2.2.1. Lafourche Parish Government; Lockport Community and
Recreation Center for services of ARCHITECT’S Project Representative and
assistants furnished under Paragraph 1.5.7.1.1, for services rendered by
employees assigned to Project representation, a lump sum fixed fee of Fifteen
thousand six hundred eighty-nine dollars and no cents $15,689.00), which lump
sum fixed fee was calculated on estimated man hours indicated in EXHIBIT “E”.
5.1.3. Payment Schedule: Payment for services rendered shall be made after completion of the
following Phases of work at the stated percentages:
•
•
•
•
•
•
Schematic Design Phase ............................................. 20%
Design Development Phase ........................................ 30%
Construction Documents Phase .................................. 75%
Bidding Phase ............................................................. 80%
Construction Phase...................................................... 95%
Closeout .................................................................... 100%
5.1.4. For Additional Services: OWNER shall pay ARCHITECT for Additional Services that
are approved in advance per Section 2.1 as follows:
5.1.4.1. General:
For Additional Services of ARCHITECT'S principals and
employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2
(except services as a consultant or witness under paragraph 2.1.8), on the basis of
ARCHITECT'S Standard Hourly Rate Charges, included herein and as set forth in
Exhibit B – “DDG Civil Engineering and Architectural Rate Sheets, 2012”.
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5.1.4.1.1. Lafourche Parish Government; Lockport Community and Recreation
Center, for services rendered by ARCHITECT in accordance with paragraph 2.1.3, a
lump sum fixed fee of Eleven thousand eight hundred eleven dollars and no/cents
($11,811.00) for all related Permitting Services, which lump sum fixed fee was
calculated on estimated man hours indicated in EXHIBIT “G”.
5.1.4.2. Professional Associates and Consultants: For services and Reimbursable
Expenses for independent professional associates and consultants employed by
ARCHITECT to render Additional Services pursuant to paragraph 2.1. or 2.2, the amount
billed to ARCHITECT therefore, without any mark-up as required under OCD program
regulations.
5.1.4.2.1. Lafourche Parish Government; Lockport Community and Recreation
Center, a lump sum fixed fee of Four thousand five hundred dollars and no/cents
($4,500.00) for all related Boundary and Topographic Surveying Services, in
accordance with paragraph 2.1.1, which lump sum fixed fee was calculated on
estimated man hours indicated in EXHIBIT “F”.
5.1.4.2.2 Lafourche Parish Government Lockport Community and Recreation
Center, a lump sum fixed fee of Six thousand, four hundred dollars and no cents
($6,400.00) for all Geotechnical Engineering Services which lump sum fixed fee was
calculated on estimated man hours indicated in EXHIBIT “D”.
5.1.4.2.3 Lafourche Parish Government Lockport Community and Recreation
Center, a lump sum fixed fee of Seventy thousand dollars and no cents
($70,000.00), for all related Swimming Pool Consultant Services, which lump
sum fixed fee was calculated on estimated man hours indicated in EXHIBIT
“H”.
5.1.4.3. Serving as a Witness: For services rendered by ARCHITECT'S principals and
employees as consultants or witnesses in any litigation, arbitration, or other legal or
administrative proceedings in accordance with paragraph 2.1.8, at the rate of Two
hundred, twenty dollars and no/cents ($220.00) per hour or any portion thereof (but
compensation for time spent in preparing to appear in any such litigation, arbitration or
proceedings will be on the basis provided in paragraph 5.1.4.1). Compensation for
ARCHITECT'S independent professional associates and consultants will be on the basis
provided in paragraph 5.1.4.2.
5.1.5. For Reimbursable Expenses: In addition to payments provided for in paragraphs 5.1.1,
5.1.2 and 5.1.4, OWNER shall pay ARCHITECT the actual costs of the following Reimbursable
Expenses: (1) Reproduction of Plans and Specifications for Bidding and Contract Purposes
unless paid for by prospective bidders and/or contractors (Reproduction Costs for OWNER/OCD
reviews, permitting, and Record Drawings shall be included in the Basic Services lump sum fee);
and (2) Fee charged by any regulatory or review agencies.
5.2.
Times of Payments:
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5.2.1. ARCHITECT shall submit monthly statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred. The statements will be based upon
ARCHITECT'S estimate of the proportion of the total services complete at the time of billing.
OWNER shall make prompt monthly payments (no later than 60 days following receipt of
ARCHITECT'S statements by OWNER) in response to ARCHITECT'S monthly statements.
5.3.
Other Provisions Concerning Payments:
5.3.1. In the event of termination by OWNER under paragraph 7.1 upon the completion of any
phase of the Basic Services, progress payments due ARCHITECT for services rendered through
such phase shall constitute total payment for such services. In the event of such termination by
OWNER during any phase of the Basic Services, ARCHITECT will be paid for services
rendered during that phase on the basis of ARCHITECT'S hourly time charged during that phase
to date of termination by ARCHITECT'S principals and employees engaged directly on the
Project. In the event of any such termination, ARCHITECT also will be reimbursed for the
charges of independent professional associates and consultants employed by ARCHITECT to
render Basic Services, and paid for all unpaid Additional Services and Reimbursable Expenses,
plus all termination expenses as outlined in Section 7.1 of this contract.
5.3.2. Records of ARCHITECT'S hourly time charge pertinent to ARCHITECT'S compensation
under this Agreement will be kept in accordance with generally accepted accounting practices. If
provisions of termination are instituted, copies at time charges will be made available to
OWNER, at cost and on request, prior to final payment for ARCHITECT'S services.
5.4.
Definitions:
5.4.1. Reimbursable Expenses mean the actual expenses incurred by ARCHITECT for (1)
Reproduction of Drawings and Specifications for Bidding and Contracting purposes; and, (2)
Permitting or review fees charged by regulatory agencies.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1.
Construction Cost:
The construction cost of the entire project (herein referred to as "Construction Cost") means the
total cost to OWNER of those portions of the entire Project designed and specified by
ARCHITECT, but it will not include ARCHITECT'S compensation and expenses, the cost of
land, rights-of-way, or compensation for or damages to, properties unless this Agreement so
specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing
services, or the cost of other services to be provided by others to OWNER.
6.2.
Design Within Budget Requirements:
The responsibility to design the project within funds available for construction is solely the
responsibility of the ARCHITECT. The ARCHITECT is directed to develop cost estimates
(opinions of Total Project Costs) throughout the process of the design. They are to analyze the
scope of the work as it compares to general construction costs in the area. Therefore, the
ARCHITECT agrees that, should the low bid price of the project exceed the amount budgeted for
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construction as included in the CDBG application submitted to OCD, the ARCHITECT shall
revise the plans and specifications necessary to reduce, change, or modify the scope or nature of
the work necessary to bring the construction cost of the project within the amount of funds
budgeted, and such work shall be done at no additional cost to the Owner.
SECTION 7 - GENERAL CONSIDERATION
7.1.
Termination:
Provisions for Termination which are covered in Exhibit A–“Federal and State
Requirements” are hereby superseded with the following paragraphs.
7.1.1. The terms of this contract shall be binding upon the parties hereto until the work has been
completed and accepted by the OWNER and all payments required to be made to the
ARCHITECT have been made; but this contract may be terminated under any or all of the
following conditions.
1. By mutual agreement and consent of the parties hereto.
2. By the OWNER as a consequence of the failure of the ARCHITECT to comply with the
terms, progress or quality of work in a satisfactory manner, proper allowance being made
for circumstances beyond the control of the ARCHITECT.
3. By either party upon failure of the other party to fulfill its obligations as set forth in this
contract.
4. In the event of the abandonment of the project by the OWNER.
5. In the event the ARCHITECT does not maintain a valid Louisiana Architect’s License.
6. The OWNER may terminate this contract at any time for the OWNER’s convenience by
giving at least ten (10) days notice in writing to the ARCHITECT. If the contract is
terminated by the OWNER as provided herein, the ARCHITECT will be paid for the
time provided and expenses incurred up to the termination date.
7.1.2. This agreement shall automatically terminate upon satisfactory completion of all services
and obligations described herein.
7.1.3. Upon termination the ARCHITECT shall be paid for actual work performed prior to the
notice of termination on a pro-rata share of the basic fee based on the phase or percentage of
work actually completed. Notwithstanding any other provision contained herein, the release,
defense, indemnity obligations, allocation of risks contained herein and all corresponding
insurance shall survive any termination of this agreement.
7.2.
Reuse of Documents:
All documents including Drawings and Specifications prepared or furnished by ARCHITECT
pursuant to this Agreement shall remain the property of the OWNER as provided by LA.RS
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38:2317. Such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse without written verification
or adaption by ARCHITECT for the specific purpose intended will be at OWNER'S sole risk and
without liability or legal exposure to ARCHITECT, or to ARCHITECT'S independent
professional associates or consultants, and OWNER shall indemnify and hold harmless
ARCHITECT and ARCHITECT'S independent professional associates and consultants from all
claims, damages, losses and expenses including attorneys fees arising out of or resulting
therefrom. Should OWNER decide to use such documents for another project without engaging
the services of the ARCHITECT, OWNER shall remove or obliterate from all construction
documents all identification of the original designer such as professional stamps and seals,
legends, or similar information.
7.3.
Insurance:
7.3.1. ARCHITECT shall furnish to the OWNER, and to the CDBG Administrator, proof of
insurance coverage for the following:
7.3.1.1. General Insurance Requirements. Each of the insurance policies maintained by
ARCHITECT for work/services performed under this agreement must be endorsed as follows, in
addition to any other requirements:
1. To provide to the OWNER thirty (30) days written notice of cancellation, reduction of
coverage or material change.
2. For liabilities and indemnities assumed by the ARCHITECT under this agreement,
ARCHITECT’S Insurance policies (except with respects to Worker’s Compensation and
Employer’s Liability) shall name the OWNER as additional insured.
3. For liabilities and indemnities assumed by the OWNER under this agreement, the
ARCHITECT’S insurance policies shall provide that the ARCHITECT’S insurers waive
their rights of subrogation against the OWNER and its insurers.
4. It is understood and agreed that (i) such insurance provided by the ARCHITECT shall be
primary to and receive no contribution from any insurance maintained by or on behalf of
ARCHITECT; and, (ii) the OWNER shall not be responsible or liable for any
deductibles, self-insured retentions and/or premiums of ARCHITECT’S insurance.
5. It is further understood and agreed that such insurance provided by the OWNER shall not
be reduced, voided, waived, or in any other manner limited with respect to the OWNER,
if the ARCHITECT violates any warranties, terms or conditions, of the ARCHITECT’S
insurance policies.
6. The OWNER reserves the right to require complete, certified copies of all required
insurance policies, at any time.
7. Any deductibles or self-insured retentions must be declared and approved by the
OWNER. Prior to entering into this agreement, and at the option of the OWNER, either,
the OWNER shall accept and approve the deductible or self-insured retention, the insurer
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shall reduce or eliminate such deductibles or self-insured retentions with respect to the
OWNER, or the vendor shall procure a bond guaranteeing payment for losses and related
investigations, claim administration and defense expense.
8. Insurance is to be placed with insurers with an A. M. Best’s Rating or no less than A:VII.
This requirement could be waived for workers’ compensation coverage only for those
vendors whose workers’ compensation coverage is placed with companies who
participate in the State of Louisiana Workers’ Assigned Risk Pool or Louisiana Workers’
Compensation Corporation.
7.3.1.2.
Minimum Insurance Requirements. The required limits for coverage are as follows:
1. Workers’ Compensation, as required by statute, and Employee’s Liability
Insurance, $1,000,000 limits, covering the ARCHITECT’S employees engaging
in work/services under this agreement in compliance with applicable state, federal
and/or maritime laws. The OWNER shall be provided with a waiver of
subrogation as well as listed as Alternate Employer. The ARCHITECT shall
expressly agree to comply with all provision of the Workers’ Compensation Laws
of the state or federal jurisdiction where the work/service is being performed. For
work/services performed on or near water, and where applicable, the policy
should be endorsed to provide the Harbor Workers’ Compensation Act, and/or
Maritime Operations coverage, Maritime Employer’s Liability Including wages,
maintenance and transportation, and coverage for Master and Crews.
2. Automobile Liability Insurance, $1,000,000 limit, covering owned vehicles,
leased, non-owned and hired vehicles.
3. Commercial General Liability Insurance, $1,000,000 limit, covering 3rd party
bodily injury and property damage to include the following:
• Premises and Operations Coverage;
• Contractual Liability Covering Liabilities Assumed under this Agreement;
• Products and Completed Operations Coverage;
• Action Over/Indemnity Buyback/
• Underground Resources Liability Endorsement (when applicable);
• Broad Form Property Damage;
• Pollution Liability Coverage.
4. Aircraft Liability Insurance when aircraft (including fixed wing and helicopters)
that are owned, rented or chartered are used in the operation under this agreement.
The required limit of liability is $1,000,000 combined single limit to include
passenger liability. If owned aircraft are utilized, then a waiver of subrogation in
favor of the OWNER should also be provided for Hull Damage to the craft.
Company will be restricted from flying over populated area.
5. Marine Liability, Charters Legal Liability, and Towers Liability Insurance when
tugs, vessels or barges that are owned, rented, or chartered are used in the
operations under this agreement. The required limit of liability is $10,000,000
which can be provided under a separate, stand-alone policy or under the
Page 19 of 54
ARCHITECT’S Commercial General Liability or Excess/Umbrella Liability
Coverage.
6. Watercraft Hull Damage Insurance if owned watercraft are utilized, including a
waiver of subrogation in favor of the OWNER.
7. The ARCHITECT shall maintain Professional Liability Coverage with limits of
$1,000,000. This coverage shall extend to all professional subcontractors
employed by the ARCHITECT.
8. Minimum required limits can be obtained either with primary policies, and/or
combination with excess or umbrella policies.
7.3.1. All certificates of insurance shall be furnished to the OWNER and to the CDBG
Administrator, and shall provide that insurance shall not be canceled without thirty (30) days
prior written notice of cancellation given to the OWNER. OWNER shall have the right, but not
the obligation, to pay an additional premium for the coverage of OWNER as a named insured in
an amount as determined by ARCHITECT’s insurer and accepted by OWNER.
7.3.1.1. Certificates of Insurance: Certificates denoting coverage as provided above is
included herein as “Exhibit K - Certificates of Professional Liability Insurance and
General Liability Insurance, Etc.”
7.3.2. Commencement of work without the required certificates of insurance or without
compliance with any other provision of this agreement, shall not constitute a waiver by the
OWNER of any rights to this agreement
7.3.3 Applicant shall furnish Government with certificates of insurance evidencing the
coverage and conditions required by this Agreement, and such certificates shall comply with
“EXHIBIT
P
–
LAFOURCHE
PARISH
GOVERNMENT
INSURANCE
REQUIREMENTS” (copy attached) of this Agreement. Commencement of project/work
without the required certificates of insurance, or without compliance with any other provision of
this agreement, shall not constitute a waiver by Government of any rights to this Agreement.
7.4.
Successors and Assigns:
7.4.1. OWNER and ARCHITECT each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ARCHITECT (and to the extent
permitted by paragraph 7.4.2) are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and obligations of this Agreement.
7.4.2. Neither OWNER nor ARCHITECT shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are
due) this Agreement without the written consent of the other, except to the extent that any
assignment, subletting or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assigner from any duty or responsibility
Page 20 of 54
under this Agreement. Nothing contained in this paragraph shall prevent ARCHITECT from
employing such independent professional associates and consultants as ARCHITECT may deem
appropriate to assist in the performance of services hereunder.
7.4.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ARCHITECT, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and
ARCHITECT and not for the benefit of any other party.
7.5. Non-Collusion Affidavit: The executed Non-Collusion Affidavit as provided for by R.S.
38:2224 is included herein as Exhibit J - “Non Collusion Affidavit.”
7.6. Governing Law/Venue/Jurisdiction: This Agreement shall be governed by and construed
in accordance with the domestic laws of the State of Louisiana without giving effect to any
choice or conflict of law provision or rule (whether of the State of Louisiana or any other
jurisdiction) that would cause the application of the laws of any jurisdiction other than the State
of Louisiana. Proper venue and jurisdiction for all lawsuits, arbitration, mediation, claims,
disputes, and other matters in questions between the parties to this agreement or any breach
thereof, shall be in the 17th Judicial District Court for the Parish of Lafourche, State of
Louisiana.
7.7. Indemnification: ARCHITECT agrees to defend, indemnify fully, and hold harmless at
ARCHITECT’s sole expense OWNER, its officers, directors, and employees (herein collectively
referred to as “OWNER”) from and against all losses, claims and causes of action for personal
injury, death or property damage brought by any person and caused by the negligent or willful
act or omission of ARCHITECT, its officers, directors, employees, or subcontractors.
OWNER agrees to defend, indemnify fully, and hold harmless at OWNER’s sole expense
ARCHITECT, its officers, directors, and employees (herein collectively referred to as
“ARCHITECT”) from and against all losses, claims and causes of action for personal injury,
death or property damage brought by any person and caused by the negligent or willful act or
omission of OWNER, its officers, directors, or employees.
7.8. Solicitation: The ARCHITECT warrants that he/she/it has not employed or retained any
company or person, other than a bona-fide employee working solely for the ARCHITECT, to
solicit or secure this contract, and that they have not paid or agreed to pay any company or
person, other than bona-fide employees working solely for the ARCHITECT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the
OWNER shall have the right to annul this contract without liability.
7.9. Notices: All notices, requests, demands, claims, and other communications hereunder
will be in writing. Any notice, request, demand, claim, or other communication hereunder shall
be deemed duly given if (and then five (5) business days after) it is sent by registered or certified
mail, return receipt requested, postage prepaid, and addressed to the intended recipient. Any
Party may send any notice, request, demand, claim, or other communication hereunder to the
intended recipient at the address set forth above using any other means (including personal
delivery, expedited courier, messenger service, telecopy, telex, ordinary mail, or electronic mail),
Page 21 of 54
but no such notice, request, demand, claim, or other communication shall be deemed to have
been duly given unless and until it actually is received by the intended recipient. Any Party may
change the address to which notices, requests, demands, claims, and other communications
hereunder are to be delivered by giving the other Parties notice in the manner herein set forth.
7.10. Amendments and Waivers: No amendment of any provision of this Agreement shall be
valid unless the same shall be in writing and signed by the Parties. No waiver by any Party of
any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional
or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach
of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior
or subsequent such occurrence.
7.11. Severability: Any term or provision of this Agreement that is invalid or unenforceable in
any situation in any jurisdiction shall not affect the validity or enforceability of the remaining
terms and provisions hereof or the validity or enforceability of the offending term or provision in
any other situation or in any other jurisdiction.
7.12. Construction: The Parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises, this
Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of
proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the
provisions of this Agreement.
7.13. Specific Performance: Each of the Parties acknowledges and agrees that the other Parties
would be damaged irreparably in the event any of the provisions of this Agreement are not
performed in accordance with their specific terms or otherwise are breached. Accordingly, each
of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to
prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement
and the terms and provisions hereof, in addition to any other remedy to which they may be
entitled, at law or in equity.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1.
This Agreement is subject to the following special provisions:
8.1.1. Special provisions are included under this Agreement as Exhibit “A”–“Special Provisions
to Contract for Professional Service - Federal and State Requirements.”
8.2.
The following Exhibits are attached to and made a part of this Agreement:
8.2.1. Exhibit A – “Special Provisions to Contract for Professional Services -Federal and State
Requirements.”
8.2.2. Exhibit B – “ARCHITECT’s Per Diem Charges –2010.”
8.2.3. Exhibit C – “Basic Design Services-Cost or Price Summary.”
8.2.4. Exhibit D – “Geotechnical Engineering Services – Cost or Price Summary”
Page 22 of 54
8.2.5. Exhibit E – “Project Representation Services-Cost or Price Summary.”
8.2.6. Exhibit F – “Topographic and Boundary Surveying Services-Cost or Price Summary.”
8.2.7 Exhibit G – “Permitting Services - Cost or Price Summary.”
8.2.8 Exhibit H – “Special Pool Consultant – Cost or Price Summary.”
8.2.9 Exhibit I - “Project Memorandum of Understanding”
8.2.10 Exhibit J – “Non-Collusion Affidavit” (Regarding R.S. 38:2224).
8.2.11 Exhibit K –“Certificates of Professional Liability Insurance, General Liability Insurance,
Etc.”
8.2.12 Exhibit L – “Certification of Non-Segregated Facilities.”
8.2.13 Exhibit M – “Certificate Regarding Debarment, Suspension and Other Responsibility.”
8.2.14 Exhibit N – “Section 3 Certification of Selected Construction” (w/Section 3 Plan
Attachment and Section 3 Certification).
8.2.15 Exhibit O – “Affidavit of Notice of Fee Disposition” (Regarding R.S. 32:2196.1)
8.2.16 Exhibit P – Lafourche Parish Government Insurance Requirements
8.3. This Agreement together with any Exhibits and schedules identified above constitute the
entire agreement between OWNER and ARCHITECT and supersede all prior written or oral
understandings. This Agreement and said Exhibits and schedules may only be amended,
supplemented, modified or canceled by a duly executed written instrument.
8.4. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original but all of which together will constitute one and the same instrument.
8.5. Facsimile/Electronic Signatures: This agreement may be executed by facsimile and/or
electronic signature, which shall be deemed to be an original.
8.6.
This Agreement is executed in Five (5) originals.
Page 23 of 54
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
__________________________________
Witness
__________________________________
Witness
__________________________________
Witness
__________________________________
Witness
BY:
Parish President
DUPLANTIS DESIGN GROUP, PC
BY:
Lloyd A. Positerry, II
Principal
Page 24 of 54
EXHIBIT A
CDBG COMPLIANCE PROVISIONS
FOR
PROFESSIONAL SERVICES CONTRACTS
CONTENTS
1. EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause)
2. CERTIFICATION OF NONSEGREGATED FACILITIESCIVIL RIGHTS
3. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
4. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968-COMPLIANCE IN
THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES
5. SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793)
6. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
7. AGE DISCRIMINATION ACT OF 1975
8. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
9. FLOOD DISASTER PROTECTION
10. ACCESS TO RECORDS - MAINTENANCE OF RECORDS
11. INSPECTION
12. REPORTING REQUIREMENTS
13. CONFLICT OF INTEREST
14. ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246, AS
AMENDED
15. PATENTS
16. COPYRIGHT
17. TERMINATION FOR CAUSE
18. TERMINATION FOR CONVENIENCE
19. ENERGY EFFICIENCY
20. SUBCONTRACTS
Exhibit A--Page 1
21. DEBARMENT, SUSPENSION, AND INELIGIBILITY
22. BREACH OF CONTRACT TERMS
23. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
24. CHANGES
25. PERSONNEL
26. ANTI-KICKBACK RULES
27. ASSIGNABILITY
28. INTEREST OF CONTRACTOR
29. POLITICAL ACTIVITY
30. COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET
31. DISCRIMINATION DUE TO BELIEF
32. CONFIDENTIAL FINDINGS
33. LOBBYING
Exhibit A--Page 2
1. EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause)
(applicable to contracts and subcontracts above $10,000)
During the performance of this contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration without regard to race,
color, religion, sex, or national origin.
C. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
Contract Compliance Officer advising the said labor union or workers' representatives of the
Contractor's commitment under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
as amended, and the rules, regulations, and relevant orders of the Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the Department
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and others.
F. In the event of the Contractor's noncompliance with the non-discrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
G. The Contractor will include the provisions of the sentence immediately preceding paragraph A
and the provisions of paragraphs A through G in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the Department may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
Exhibit A--Page 3
a result of such direction by the Department, the Contractor may request the United States to
enter into such litigation to protect the interest of the United States.
2. CERTIFICATION OF NONSEGREGATED FACILITIES
(applicable to contracts and subcontracts over $10,000)
By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does
not maintain or provide for his/her establishments, and that he/she does not permit employees to
perform their services at any location, under his/her control, where segregated facilities are
maintained. He/she certifies further that he/she will not maintain or provide for employees any
segregated facilities at any of his/her establishments, and he/she will not permit employees to perform
their services at any location under his/her control where segregated facilities are maintained. The
bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the
equal opportunity clause of this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation and housing facilities provided for employees which are segregated by explicit
directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of
habit, local custom, or any other reason.
He/she further agrees that (except where he/she has obtained for specific time periods) he/she will
obtain identical certification from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that
he/she will retain such certifications in his/her files; and that he/she will forward the following notice
to such proposed subcontractors (except where proposed subcontractors have submitted identical
certifications for specific time periods).
3. CIVIL RIGHTS
The Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No
person shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance.
4. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
The Contractor shall comply with the provisions of Section 109 of the Housing and Community
Development Act of 1974. No person in the United States shall on the grounds of race, color,
national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made available
under this title. Section 109 further provides that discrimination on the basis of age under the Age
Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as
provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited.
Exhibit A--Page 4
5. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS
OPPORTUNITIES
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each,
and the name and location of the person(s) taking applications for each of the positions, and the
anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,
Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section 7(b).
Exhibit A--Page 5
6. SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793)
(applicable to contracts and subcontracts over $10,000)
A. The contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is otherwise qualified. The contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all employment practices such as
the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
B. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the Act.
C. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
D. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
E. The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative
action to employ and advance in employment physically and mentally handicapped individuals.
F. The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant
to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase order as
the Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
7. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason
of his disability, be denied the benefits, or be subjected to discrimination including discrimination in
employment, any program or activity that receives the benefits from the federal financial assistance.
8. AGE DISCRIMINATION ACT OF 1975
The Contractor shall comply with the provisions of the Age Discrimination Act of 1975. No person
in the United States shall, on the basis of age, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or activity receiving federal
financial assistance.
Exhibit A--Page 6
9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(applicable to contracts and subcontracts exceeding $100,000)
The Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as
amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR
Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish
to the owner, the following:
A. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15, as
amended.
B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857 c-8) and Section 308 of the Federal Water Pollution Control Act,
as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as
well as all other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a
facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA
List of Violating Facilities.
D. Agreement by the Contractor that he will include, or cause to be included, the criteria and
requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and
requiring that the Contractor will take such action as the government may direct as a means of
enforcing such provisions.
10. FLOOD DISASTER PROTECTION
This contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L.
93-234). Nothing included as a part of this contract is approved for acquisition or construction
purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of
HUD as having special flood hazards which is located in a community not then in compliance with
the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d)
of said Act; and the use of any assistance provided under this contract for such acquisition for
construction in such identified areas in communities then participating in the National Flood
Insurance Program shall be subject to the mandatory purchase of flood insurance requirements or
Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved
with assistance provided under this Contract shall contain, if such land is located in an area identified
by the Secretary as having special flood hazards and in which the sale of flood insurance has been
made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.,
Exhibit A--Page 7
provisions obligating the transferee and its successors or assigns to obtain and maintain, during the
ownership of such land, such flood insurance as required with respect to financial assistance for
acquisition or construction purposes under Section 102(a) of Flood Disaster Protection Act of 1973.
11. ACCESS TO RECORDS - MAINTENANCE OF RECORDS
The State of Louisiana, the Department of Housing and Urban Development, the Comptroller General
of the United States, or any of their duly authorized representatives, shall have access to any books,
documents, papers and records of the Contractor which are directly pertinent to this specific contract,
for the purpose of audits, examinations, and making excerpts and transcriptions. All records
connected with this contract will be maintained in a central location by the unit of local government
and will be maintained for a period of five (5) years from the official date of the State's final closeout
of the grant.
12. INSPECTION
The authorized representative and agents of the State of Louisiana and the Department of Housing
and Urban Development shall be permitted to inspect all work, materials, payrolls, records of
personnel, invoices of materials, and other relevant data and records.
13. REPORTING REQUIREMENTS
The Contractor shall complete and submit all reports, in such form and according to such schedule, as
may be required by the Owner.
14. CONFLICT OF INTEREST
A. No officer or employee of the local jurisdiction or its designees or agents, no member of the
governing body, and no other public official of the locality who his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed.
Further, the Contractor shall cause to be
incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of
interest.
B. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share
or part of this contract or to any benefit that may arise therefrom, but this provision shall not be
construed to extend to this contract if made with a corporation for its general benefit.
15. ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246, AS
AMENDED
(applicable to contracts and subcontracts of $10,000 and under)
During the performance of this contract, the Contractor agrees as follows:
A. The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to
Exhibit A--Page 8
ensure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer setting forth the provisions of this
non-discrimination clause. The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
C. Contractors shall incorporate foregoing requirements in all subcontracts.
16. PATENTS
A. The Contractor shall hold and save the Owner and its officers, agents, servants, and employees
harmless from liability of any nature or kind, including cost and expenses for, or on account of
any patented or unpatented invention, process, article, or appliance manufactured or used in the
performance of the contract including its use by the Owner, unless otherwise specifically
stipulated in the Contract Document.
B. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or
his authorized license, direct by the Owner and not by or through the Contractor.
C. If the Contractor uses any design device or materials covered by letters, patent or copyright, he
shall provide for such use by suitable agreement with the owner of such patented or copy-righted
design device or material. It is mutually agreed and understood, that without exception the
contract prices shall include all royalties or costs arising from the use of such design, device or
materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify
and save harmless the Owner of the project from any and all claims for infringement by reason of
the use of such patented or copy-righted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the
Owner for any cost, expense, or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the work or after completion of the work.
17. COPYRIGHT
No materials, to include but not limited to reports, maps, or documents produced as a result of this
contract, in whole or in part, shall be available to the Contractor for copyright purposes. Any such
materials produced as a result of this contract that might be subject to copyright shall be the property
of the Owner and all such rights shall belong to the Owner.
18. TERMINATION FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations
under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations
of this contract, the Owner shall thereupon have the right to terminate this contract by giving written
notice to the Contractor of such termination and specifying the effective date thereof, at least five (5)
Exhibit A--Page 9
days before the effective date of such termination. In such event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the
Contractor under this contract shall, at the option of the Owner, become the Owner’s property and the
Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to
the Owner for damages sustained by the Owner by virtue of any breach of the contract by the
Contractor, and the Owner may withhold any payments to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the Owner from the Contractor is determined.
19. TERMINATION FOR CONVENIENCE
The Owner may terminate this contract at any time by giving at least ten (10) days notice in writing to
the Contractor. If the contract is terminated by the Owner as provided herein, the Contractor will be
paid for the time provided and expenses incurred up to the termination date.
20. ENERGY EFFICIENCY
The Contractor shall comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
21. SUBCONTRACTS
A. The Contractor shall not enter into any subcontract with any subcontractor who has been
debarred, suspended, declared ineligible, or voluntarily excluded from participating in contacting
programs by any agency of the United States Government or the State of Louisiana.
B. The Contractor shall be as fully responsible to the Owner for the acts and omissions of the
Contractor’s subcontractors, and of persons either directly or indirectly employed by them, as he
is for the acts and omissions of persons directly employed by the Contractor.
C. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind subcontractor to the Contractor by the terms of the contract documents insofar as
applicable to the work of subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision
of the contract documents.
D. Nothing contained in this contract shall create any contractual relation between any subcontractor
and the Owner.
22. DEBARMENT, SUSPENSION, AND INELIGIBILITY
The Contractor represents and warrants that it and its subcontractors are not debarred, suspended, or
placed in ineligibility status under the provisions of 24 CFR 24 (government debarment and
suspension regulations).
Exhibit A--Page 10
23. BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or the Contractor’s
subcontractors may result in the suspension or termination of this contract or such other action that
may be necessary to enforce the rights of the parties of this contract. The duties and obligations
imposed by the contract documents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law.
24. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were included
herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party the contract shall forthwith be physically amended
to make such insertion or correction.
25. CHANGES
The Owner may, from time to time, request changes in the scope of the services of the Contractor to
be performed hereunder. Such changes, including any increase or decrease in the amount of the
Contractor’s compensation which are mutually agreed upon by and between the Owner and the
Contractor, shall be incorporated in written and executed amendments to this Contract.
26. PERSONNEL
The Contractor represents that it has, or will secure at its own expense, all personnel required in
performing the services under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the Owner.
All the services required hereunder will be performed by the Contractor or under its supervision, and
all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under
State and local law to perform such services.
No person who is serving sentence in a penal or correctional institution shall be employed on work
under this Contract.
27. ANTI-KICKBACK RULES
Salaries of personnel performing work under this Contract shall be paid unconditionally and not less
often than once a month without payroll deduction or rebate on any account except only such payroll
deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary
of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat.
108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). The Contractor shall comply with all applicable
"Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work
under this contract to insure compliance by the subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors thereunder except as the
Exhibit A--Page 11
Secretary of Labor may specifically provide for variations of or exemptions from the requirements
thereof.
28. ASSIGNABILITY
The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the
same (whether by assignment or novation) without prior written approval of the Owner provided that
claims for money due or to become due the Contractor from the Owner under this Contract may be
assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy,
without such approval. Notice of any such assignment or transfer shall be furnished promptly to the
Owner.
29. INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest direct or
indirect in the above described project or any parcels therein or any other interest which would
conflict in any manner or degree with the performance of his services hereunder. The Contractor
further covenants that, in the performance of this Contract, no person having any such interest shall
be employed.
30. POLITICAL ACTIVITY
The Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which limits
the political activity of employees.
31. COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET
The parties agree to comply with the regulations, policies, guidelines, and requirements of the Office
of Management and Budget, Circulars A-95, A-102, A-133, and A-54, as they relate to the use of
Federal funds under this contract.
32. DISCRIMINATION DUE TO BELIEFS
No person with responsibilities in operation of the project to which this grant relates will discriminate
with respect to any program participant or any applicant for participation in such program because of
political affiliation or beliefs.
33. CONFIDENTIAL FINDINGS
All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract
are confidential, and the Contractor agrees that they shall not be made available to any individual or
organization without prior written approval of the Owner.
Exhibit A--Page 12
34. LOBBYING
The Contractor certifies, to the best of his or her knowledge and belief that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the contractor,
to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the contractor shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
Exhibit A--Page 13
EXHIBIT B
ARCHITECT’S Per Diem Charges
CLASSIFICATION HOURLY RATES
CIVIL ENGINEERING RATE SHEET
Effective Date 1/28/12
Principal ................................................................................. $145.00 - $155.00/hour
Senior Associate ..................................................................... $135.00 - $145.00/hour
Associate ................................................................................ $130.00 - $140.00/hour
Project Manager ..................................................................... $110.00 - $135.00/hour
Project Engineer ..................................................................... $85.00 - $110.00/hour
CADD Designer ..................................................................... $85.00 - $95.00/hour
CADD Technician .................................................................. $55.00 - $85.00/hour
Project Representative ............................................................ $45.00 - $65.00/hour
Administrative Assistant ......................................................... $45.00 - $60.00/hour
Reimbursable Items
Vehicle Travel for Projects ..................................................... $0.555 per mile
Transportation, Lodging, and Subsistence for out of town travel………Cost
Printing Cost
Bond……………………………………………..$0.25/s.f.
Vellum…………………………………………...$0.65/s.f.
Mylar…………………………………………….$1.90/s.f.
Color Bond………………………………………$6.50/s.f.
Color Photo…………………………………...$11.00/s.f.
Photographs, Telecopier, Shipping, and Materials ................... Cost
Filing/Recording/Permitting Fees
Cost
Deposition/Trial Testimony by Principal, P.E., or AIA ........... Rate x 1.5
Subconsultant Services ........................................................... Cost + 10%
ARCHITECTURE RATE SHEET
Effective Date 1/28/12
Principal ................................................................................. $135.00 - $145.00/hour
Senior Associate ..................................................................... $125.00 - $135.00/hour
Associate ................................................................................ $115.00 - $125.00/hour
Architect, AIA ........................................................................ $105.00 - $125.00/hour
Architecture Intern ................................................................. $90.00 - $105.00/hour
Architecture Designer ............................................................. $80.00 - $90.00/hour
CADD Technician .................................................................. $55.00 - $80.00/hour
Project Representative ............................................................ $45.00 - $65.00/hour
Administrative Assistant ......................................................... $45.00 - $60.00/hour
Reimbursable Items
Vehicle Travel for Projects ..................................................... $0.555 per mile
Transportation, Lodging, and Subsistence for out of town travel………Cost
Printing Cost
Bond .......................................................................... $0.25/s.f.
Vellum....................................................................... $0.65/s.f.
Mylar ......................................................................... $1.90/s.f.
Color Bond ................................................................ $6.50/s.f.
Color Photo................................................................ $11.00/s.f.
Photographs, Telecopier, Shipping, and Materials ................... Cost
Filing/Recording/Permitting Fees
Cost
Deposition/Trial Testimony by Principal, P.E., or AIA ........... Rate x 1.5
Subconsultant Services ........................................................... Cost + 10%
EXHIBIT C
Cost and Price Detail—Basic Services
EXHIBIT "C"
COST OR PRICE SUMMARY
Part I - General
1.
3.
5.
GRANTEE:
2. Grant Number
Name of Contractor or Subcontractor:
Address of Contractor or Subcontractor:
4. Date of Proposal
12/13/2013
6. Type of Service to Be Furnished
BASIC DESIGN SERVICES
314 East Bayou Road
Thibodaux, LA 70301
Lockport Community and Recreation Center
Part II - Cost Summary
7.
8.
DIRECT LABOR
(Specify Labor Categories)
PRINCIPAL (ARCH)
ARCHITECT, AIA
CADD DESIGNER (ARCH)
PRINCIPAL (CIVIL)
SENIOR ASSOCIATE (CIVIL)
CADD DESIGNER (CIVIL)
ADMINISTRATIVE ASSISTANT
DIRECT LABOR TOTAL
INDIRECT COST
(Specify Indirect Cost)
ESTIMATED
HOURS
200.00
840.00
820.00
40.00
120.00
118.00
100.00
RATE
1.5000
INDIRECT COST TOTAL
OTHER DIRECT COST
QUANTITY
a. Travel
(1) Transportation
2,024
(2) Per Diem
NONE
Travel Subtotal
b. Equipment, Materials,
QUANTITY
Supplies, etc.
Reproduction, Postage, etc.
1
Permitting, Advertising, & Misc
1
Electronic Bidding / Plans Upload
1
Equipment, Materials, Supplies Subtotal
c. Subcontracts
QUANTITY
MECH./ELEC. SUBCONSULTANT
STRUCTURAL SUBCONSULTANT
1
1
Subcontracts Subtotal
d. Other (Specify Categories)
QUANTITY
10.
11.
Other Subtotal
OTHER DIRECT COST TOTAL
TOTAL ESTIMATED COST
PROFIT
12.
LUMP SUM FEE
ESTIMATED
COST
$9,446.00
$31,785.60
$16,506.60
$2,017.20
$5,810.40
$3,768.92
$2,070.00
TOTALS
$71,405.00
Indirect Overhead - LADOTD Statewide Average
9.
HOURLY
RATE
$47.23
$37.84
$20.13
$50.43
$48.42
$31.94
$20.70
BASE
$71,405.00
ESTIMATED
COST
$107,107.50
$107 108 00
$107,108.00
COST
$0.55/mile
COST
$3,500.00
$1,500.00
$850.00
COST
$58,500.00
$15,000.00
COST
ESTIMATED
COST
$1,113.20
$0.00
$1,113.20
ESTIMATED
COST
$3,500.00
$1,500.00
$850.00
$5,850.00
ESTIMATED
COST
$58,500.00
$15,000.00
$73,500.00
ESTIMATED
COST
$0.00
$0.00
$0.00
$80,463.20
$258,976.20
$26,776.95
$285,753.00
EXHIBIT "C" - Page 1
EXHIBIT "D"
Part I - General
1.
3.
5.
7.
GRANTEE:
2. Grant Number
Stratum Engineering, LLC
148 W. Howze Beach Rd.
Slidell, LA 70458
4. Date of Proposal
12/13/2013
GEOTECHNICAL ENGINEERING
DIRECT LABOR
ESTIMATED
HOURS
HOURLY
RATE
ESTIMATED
COST
$0.00
$0.00
$0.00
$0.00
$0.00
DIRECT LABOR TOTAL
8.
9.
$0.00
INDIRECT COST
RATE
NONE
INDIRECT COST TOTAL
OTHER DIRECT COST
a. Travel
(1) Transportation
(2) Per Diem
Travel Subtotal
Supplies, etc.
BASE
$0.00
COST
NONE
NONE
QUANTITY
QUANTITY
Stratum Engineering, LLC
1
QUANTITY
NONE
10.
11.
Other Subtotal
PROFIT
12.
LUMP SUM FEE
ESTIMATED
COST
$0.00
$0.00
QUANTITY
COST
NONE
c. Subcontracts
TOTALS
COST
$6,400.00
COST
ESTIMATED
COST
$0.00
$0.00
$0.00
ESTIMATED
COST
$0.00
$0.00
ESTIMATED
COST
$6,400.00
$0.00
ESTIMATED
COST
$0.00
$6,400.00
$6,400.00
$6,400.00
$0.00
$6,400.00
EXHIBIT "D" - Page 1
December 3, 2013
314 East Bayou Road
Thibodaux, Louisiana 70301
Phone: (985) 447-0090
Attn: Mr. Andy Positerry, AIA
Re: Geotechnical Investigation
Proposed Community and Recreation Center for
Lockport, Louisiana
SE Proposal No. G13-183
Dear Andy:
Stratum Engineering, LLC (SE) is pleased to submit the following proposal for
performance of a subsurface exploration at the site of the above referenced project. The
subsurface exploration will be performed so that cost effective foundation and pavement
recommendations can be provided for the proposed Community and Recreation Center to be
constructed in Lockport, Louisiana.
The site encompasses a 5 acre parcel of undeveloped property located at the intersection
of LA Highway 308 and LA Highway 655 (East Main Street) in Lockport. The site appears to be
flat and currently used as farmland. The area should be accessible for an ATV mounted drill rig.
Grading information was not available to us at the time this proposal was prepared. However, we
anticipate that 2 to 3 feet of fill may be needed to achieve the building finish floor elevation.
The project includes the construction of an assembly-type structure likely having a
structural steel frame and load bearing walls. Detailed structural loading information was not
available at the time the proposal was prepared; however, maximum column and wall loads are
assumed to be about 50 kips and 2 kips per linear foot, respectively. Other planned features
include an indoor swimming pool, as well as parking areas and drives to accommodate the
facility. Consideration will be given to flexible and rigid pavements.
SE, LLC ♦ 148 W. HOWZE BEACH ROAD ♦ SLIDELL, LA 70458 ♦ TEL 985.643.1160 ♦ FAX 985.643.8830
December 3, 2013
Page 2 of 6
The subsurface exploration will include the following services:
o Sampling and testing of the subsurface materials and observations of the
groundwater conditions on site;
o Identification of the physical and engineering characteristics of the subsurface
materials encountered during the sampling and testing;
o Recommendations of the type of foundations which would be suitable for the
proposed facility;
o Recommendations for flexible and rigid pavements;
o Seismic site classification;
o Site preparation including subgrade preparation and fill compaction requirements;
o Consideration of soil related factors that may impact construction.
It is proposed to explore the subsurface materials and groundwater conditions at the site
by drilling soil borings. The number and depths of the soil borings will depend on the subsurface
conditions encountered. Based on our experience with the soil conditions in the area, we
recommend drilling two (2) borings in the building area to depths of 50 and 70 feet below the
existing ground surface. In addition, four (4) shallow borings will be drilled in the parking areas
and drives to a depth of 6 feet.
Drilling and sampling techniques will be accomplished in general accordance with
ASTM Standard Procedures. Samples will generally be obtained continuously from the ground
surface to a depth of about ten (10) feet and at a maximum of five (5) foot intervals thereafter to
the boring completion depth. Samples will be obtained using a 3 inch diameter Shelby Tube in
clays and split spoon sampler in sands and silts. The subsurface exploration will also include
laboratory testing of the samples obtained to evaluate the classification, strength and other
characteristics of the subsurface materials involved. The results of the field exploration and
laboratory tests will be used in the engineering analysis and in the formulation of the
recommendations which will be presented in a written report prepared by a professional
engineer.
It is proposed that the fee for the performance of the above outlined services is
determined on a lump sum basis and that the work be performed pursuant to the SE General
Conditions, a copy of which is enclosed herewith and incorporated into this proposal. On the
basis of the above outlined scope of services, it is estimated that the total cost will be $6,400.00.
Any additional field, laboratory or engineering services will be billed on a unit price basis in
accordance with the attached Schedule of Services and Fees.
December 3, 2013
Page 4 of 6
STRATUM ENGINEERING, LLC
GEOTECHNICAL ENGINEERING AND LABORATORY TESTING
SCHEDULE OF SERVICES AND FEES
EFFECTIVE JANUARY 2013
Technical Services
Principal Engineer ...............................................................................................................
Project Engineer/Field Engineer ..........................................................................................
Site Coordinator...................................................................................................................
Technician ...........................................................................................................................
Geotechnician ......................................................................................................................
Clerical/Drafting Services....................................................................................................
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$140.00
$110.00
$75.00
$65.00
$65.00
$55.00
Per Test
Per Test
Per Test
Per Test
Per Test
Per Test
Per Test
$6.00
$15.00
$60.00
$40.00
$75.00
$100.00
$48.00
Per Test
Per Test
Per Test
Per Test
Per Test
Per Test
Per Point
Per Test
$135.00
$145.00
$225.00
$65.00
$30.00
$95.00
$75.00
$400.00
Laboratory Testing Services
Moisture Content Test (ASTM D2216) ...............................................................................
Density Determination.........................................................................................................
Atterberg Limits Determination (ASTM D4318) ................................................................
Percent Passing #200 Sieve (ASTM D1140) .......................................................................
Sieve Analysis (ASTM D422) .............................................................................................
Hydrometer Analysis (ASTM D422)...................................................................................
Unconfined Compression (ASTM D2166) ..........................................................................
Moisture-Density Relationship
a. ASTM D698 and D1557, Method A ................................................................
b. ASTM D698 and D1557, Methods B, C & D ..................................................
California Bearing Ratio (ASTM D1883) excluding MD Relationship...............................
Organic Content (ASTM D2974) ........................................................................................
pH Determination ................................................................................................................
Specific Gravity (ASTM D854)...........................................................................................
Triaxial Shear Test (unconsolidated undrained) ASTM D2850...........................................
Consolidation Test (ASTM D2435).....................................................................................
Mobilization and Demobilization
Pre-mobilization and Project Coordination..........................................................................
Drill Rig, Support Vehicle and crew....................................................................................
Minimum Mob Charge ........................................................................................................
ATV Mounted Drill Rig ......................................................................................................
Per Diem, Per Person ...........................................................................................................
Equipment Rental ................................................................................................................
See Personnel Rates
Per Mile
$5.00
Lump Sum
$200.00
Per Mile
$6.50
Per Day
$100.00
Cost +15%
Drilling Services
Drilling and Sampling Footage Rates, 0 – 50’
Intermittent – 5’ Intervals ....................................................................................................
Continuous Sampling...........................................................................................................
Drilling and Sampling Footage Rates, 50’ – 100’
Drilling and Sampling Footage Rates, 100’ – 150’
Additional Services
Grouting...............................................................................................................................
Hand Auger Drilling and Sampling .....................................................................................
Per Foot
Per Foot
$14.50
$21.00
Per Foot
Per Foot
$19.00
$27.00
Per Foot
Per Foot
$26.00
$36.00
Per Foot
Per Hour
$4.75
$90.00
Note: The rates apply only to geotechnical/foundation borings with level D personal protection equipment in areas which are not
contaminated by hazardous constituents. Expedited services including overnight shipping will be billed at cost plus 15 percent.
December 3, 2013
Page 5 of 6
STRATUM ENGINEERING, LLC
PROJECT DATA SHEET
GEOTECHNICAL ENGINEERING SERVICES
1.
Project Name:
2.
Project Location:
3.
Your Job No.:
4.
Project Manager:
5.
Number and Distribution of Reports:
(
Purchase Order No.:
Telephone No.:
) Copies To:
(
Attn:
Attn:
(
(
) Copies To:
Attn:
6.
) Copies To:
) Copies To:
Attn:
Invoicing Address:
Attn:
7.
Type of Structure:
8
Special Equipment or Installation:
9.
Interior Column Spacing:
Number of Floors:
Exterior Column Spacing:
10. Exterior Column Load:
Live:
Dead:
11. Interior Column Load:
Live:
Dead:
12. Floor Slab Load:
Slab on Grade:
How Much:
13. Will elevation of site be raised by filling:
14. Pavement Type:
Traffic Load:
15. Is there any other subsurface information available?
16. Other pertinent information:
Basement/Depth:
Traffic Type:
December 3, 2013
Page 6 of 6
GENERAL CONDITIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Parties and Scope of Work: Stratum Engineering, LLC (hereinafter referred to as SE) shall include said company, or its particular division,
subsidiary or affiliate performing the work. “Work” means the specific geotechnical, analytical, testing or other service to be performed by SE
as set forth in SE’s proposal, the clients’ acceptance thereof and this General Conditions. “Client” refers to the person or business entity
ordering the work to be done by SE. If the client is ordering the work on behalf of another, the client represents and warrants that the client is
the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the client
assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for
the clients’ intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits
any part of SE’s work. SE shall have no duty or obligation to any third party greater than that set forth in SE’s proposal, client’s acceptance
thereof and these General Conditions. The ordering of work from SE shall constitute acceptance of the terms of SE’s proposal and these
General Conditions.
Tests and Inspections; Client shall cause all tests and inspections of the site, materials and work performed by SE or others to be timely and
properly performed in accordance with the plans, specifications and contract documents, and SE’s recommendations. Client or any third party
shall bring no claims for loss, damage or injury against SE unless all tests and inspections have been so performed and unless SE’s
recommendations have been followed. Client agrees to indemnify, defend and hold SE, its officers, employees and agents harmless from any
and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney’s fees in the event that all
such tests and inspections are not so performed or SE’s recommendations are not so followed except to the extent that such failure is the result
of the negligence, willful or wanton act or omission of SE, its officers, agents or employees.
Scheduling of Work: The services set forth in SE’s proposal and client’s acceptance will be accomplished in a timely, workmanlike and
professional manner by SE personnel at the prices quoted. If SE is required to delay commencement of the work or if, upon embarking upon
its work, SE is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client, to
fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of SE,
additional charges will be applicable and payable by client. Client will provide written notice to third party entities (if any) which are
responsible for requesting services to be performed that they (third party) are required to arrange for those testing services to be performed. All
field services will require a minimum 24 hour notice.
Access to Site: Client will arrange and provide such access to the site as is necessary for SE to perform the work. SE shall take reasonable
measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its
equipment; however, SE has not included in its fee the cost of restoration of damage which may occur. If client desires or requires SE to
restore the site to its former condition, upon written request, SE will perform such additional work as is necessary to do so and client agrees to
pay SE the cost thereof.
Damage to Existing Man-Made Objects: Unless SE has assumed in writing the responsibility of locating subsurface or latent conditions,
client agrees to indemnify and save SE harmless from all claims, suits, losses, costs and expenses, including reasonable attorney’s fees as a
result of personal injury, death or property damage occurring with respect to SE’s performance of its work and arising from subsurface or latent
conditions or damage to subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof
was not revealed to SE by client.
Responsibility: SE’s work shall not include determining, supervising or implementing the means, methods, techniques, sequences or
procedures of construction. SE shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or
welfare. SE’s work or failure to perform it shall not in any way excuse any contractor, subcontractor or supplier from performance of its work
in accordance with the contract documents.
Sample Disposal: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test. All drilling
samples or specimens will be disposed 60 days after submission of SE’s report, unless written notice is given before commencement of
services.
Payment: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within
thirty (30) days of invoice date. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause
within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law,
whichever is the lesser) until paid. Client agrees to pay SE’s cost of collection of all amounts due and unpaid after sixty (60) days, including
court costs and reasonable attorney’s fees. Failure to make payment within 30 days of invoice shall constitute a release of SE from any and all
claims which client may have, either in tort or contract, and whether known or unknown at the time.
Termination: Either party upon seven days prior written notice may terminate this Agreement. In the event of termination, SE shall be
compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the
completion of such services and records as are necessary to place files in order and/or protect its professional reputation.
Warranty: SE’s services will be performed, its findings obtained and its reports prepared in accordance with its proposal, client’s acceptance
thereof, this General Conditions, and with generally accepted principals and practices. In performing its professional services, SE will use that
degree of care and skill ordinarily exercised under similar circumstances by members of its profession. This warranty is in lieu of all other
warranties or representations either express or implied. Statements made in SE’s reports are opinions based upon engineering judgment.
Should SE or any of its professional employees be found be have been negligent in the performance of its work, or to have made and breached
any expressed or implied warranty, representation or contract, client, all parties claiming through client and all parties claiming to have in any
way relied upon SE’s work agree that the maximum aggregate amount of the liability of SE, its officers, employees and agents shall be limited
to $25,000 or the total amount of the fee paid to SE for its work performed with respect to the project, whichever amount is greater.
Indemnity: Subject to the forgoing limitations, SE agrees to indemnify and hold client harmless from and against any and all claims suits costs
and expenses including reasonable attorney’s fees and court costs arising out of SE’s negligence to the extent of SE’s negligence. Client shall
provide the same protection to the extent of its negligence. In the event that client or client’s principal shall bring any suit, cause of action,
claim or counterclaim against SE, the party initiating such action shall pay to SE the costs and expenses incurred by SE to investigate, answer
and defend it, including reasonable attorney’s and witness fees and court costs to the extent that SE shall prevail in such suit.
Arbitration: Anything contained in any other contract document notwithstanding, SE shall not be bound by any provision or agreement (a)
requiring or providing for arbitration of disputes or controversies arising out of SE’s work or this General Conditions, (b) wherein SE waives
its rights to a mechanic’s lien, or (c) conditioning SE’s right to payment by a third party.
Provisions Severable: In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken
and the remaining provisions shall be enforceable.
Entire Agreement: This agreement constitutes the entire understanding of the parties, and there are not representations, warranties or
undertakings made other than as set forth herein. This agreement may be modified only in writing, signed by each of the parties hereto.
EXHIBIT "E"
Part I - General
1.
3.
5.
GRANTEE:
2. Grant Number
314 East Bayou Road
Thibodaux, LA 70301
4. Date of Proposal
12/13/2013
Project Representation Services
7.
DIRECT LABOR
PRINCIPAL (ARCH)
ARCHITECT, AIA
ESTIMATED
HOURS
16.00
104.00
26.00
HOURLY
RATE
$47.23
$37.84
$20.70
ESTIMATED
COST
$755.68
$3,935.36
$538.20
DIRECT LABOR TOTAL
8.
INDIRECT COST
$5,229.00
RATE
1.5000
9.
INDIRECT COST TOTAL
OTHER DIRECT COST
a. Travel
(1) Transportation
(2) Per Diem
Travel Subtotal
Supplies, etc.
Reproductions, Postage, etc.
c. Subcontracts
BASE
$5,229.00
COST
1,144
NONE
QUANTITY
$0.55
COST
52
$0.50
COST
NONE
QUANTITY
NONE
10.
11.
Other Subtotal
PROFIT
12.
LUMP SUM FEE
ESTIMATED
COST
$7,843.50
$7 844 00
$7,844.00
QUANTITY
QUANTITY
TOTALS
COST
ESTIMATED
COST
$629.20
$0.00
$629.20
ESTIMATED
COST
$26.00
$26.00
ESTIMATED
COST
$0.00
$0.00
ESTIMATED
COST
$0.00
$655.20
$655.00
$13,728.00
$1,960.95
$15,689.00
EXHIBIT "E" - Page 1
EXHIBIT "F"
Part I - General
1.
3.
5.
GRANTEE:
2. Grant Number
Acadia Land Surveying, LLC
206 East 2nd St.
Thibodaux, LA 70301
4. Date of Proposal
12/13/13
BOUNDARY/TOPOGRAPHIC SURVEYING
7.
DIRECT LABOR
ESTIMATED
HOURS
HOURLY
RATE
ESTIMATED
COST
$0.00
$0.00
$0.00
$0.00
$0.00
DIRECT LABOR TOTAL
8.
9.
$0.00
INDIRECT COST
RATE
NONE
INDIRECT COST TOTAL
OTHER DIRECT COST
a. Travel
(1) Transportation
(2) Per Diem
Travel Subtotal
Supplies, etc.
BASE
$0.00
COST
NONE
NONE
QUANTITY
QUANTITY
Acadia Land Surveying
1
QUANTITY
NONE
10.
11.
Other Subtotal
PROFIT
12.
LUMP SUM FEE
ESTIMATED
COST
$0.00
$0.00
QUANTITY
COST
NONE
c. Subcontracts
TOTALS
COST
$4,500.00
COST
ESTIMATED
COST
$0.00
$0.00
$0.00
ESTIMATED
COST
$0.00
$0.00
ESTIMATED
COST
$4,500.00
$0.00
ESTIMATED
COST
$0.00
$4,500.00
$4,500.00
$4,500.00
$0.00
$4,500.00
EXHIBIT "F" - Page 1
EXHIBIT "G"
Part I - General
1.
3.
5.
GRANTEE:
2. Grant Number
4. Date of Proposal
12/13/2013
PERMITTING SERVICES
314 East Bayou Road
Thibodaux, LA 70301
7.
DIRECT LABOR
PRINCIPAL (ARCH)
ARCHITECT, AIA
PRINCIPAL (CIVIL)
SENIOR ASSOCIATE (CIVIL)
CADD DESIGNER (CIVIL)
ESTIMATED
HOURS
8.00
50.00
2.00
20.00
5.00
16.00
HOURLY
RATE
$47.23
$37.84
$50.43
$48.42
$31.94
$20.70
ESTIMATED
COST
$377.84
$1,892.00
$100.86
$968.40
$159.70
$331.20
DIRECT LABOR TOTAL
8.
INDIRECT COST
$3,830.00
RATE
1.5000
9.
INDIRECT COST TOTAL
OTHER DIRECT COST
a. Travel
(1) Transportation
(2) Per Diem
Travel Subtotal
Supplies, etc.
Reproduction, Postage, etc.
Permitting, Advertising, & Misc
c. Subcontracts
10.
11.
Other Subtotal
PROFIT
12.
LUMP SUM FEE
BASE
$3,830.00
ESTIMATED
COST
$5,745.00
$5 745 00
$5,745.00
QUANTITY
COST
NONE
NONE
QUANTITY
200
1
QUANTITY
TOTALS
QUANTITY
COST
$1.50
$500.00
COST
COST
ESTIMATED
COST
$0.00
$0.00
$0.00
ESTIMATED
COST
$300.00
$500.00
$800.00
ESTIMATED
COST
$0.00
$0.00
$0.00
ESTIMATED
COST
$0.00
$0.00
$0.00
$800.00
$10,375.00
$1,436.25
$11,811.00
EXHIBIT "G" - Page 1
EXHIBIT "H"
Part I - General
1.
3.
5.
GRANTEE:
2. Grant Number
Water Technology Inc. (WTI)
100 Park Ave.
P.O. Box 614
Beaver Dam, WI 53916
4. Date of Proposal
12/13/2013
SPECIAL POOL CONSULTANT
7.
DIRECT LABOR
ESTIMATED
HOURS
HOURLY
RATE
ESTIMATED
COST
$0.00
$0.00
$0.00
$0.00
$0.00
DIRECT LABOR TOTAL
8.
9.
$0.00
INDIRECT COST
RATE
NONE
INDIRECT COST TOTAL
OTHER DIRECT COST
a. Travel
(1) Transportation
(2) Per Diem
Travel Subtotal
Supplies, etc.
BASE
$0.00
QUANTITY
1
NONE
QUANTITY
c. Subcontracts
QUANTITY
1
QUANTITY
NONE
10.
11.
Other Subtotal
PROFIT
12.
LUMP SUM FEE
ESTIMATED
COST
$0.00
$0.00
COST
$5,000.00
COST
NONE
Water Technology, Inc, (WTI)
TOTALS
COST
$65,000.00
COST
ESTIMATED
COST
$5,000.00
$0.00
$0.00
ESTIMATED
COST
$0.00
$0.00
ESTIMATED
COST
$65,000.00
$0.00
ESTIMATED
COST
$0.00
$70,000.00
$70,000.00
$70,000.00
$0.00
$70,000.00
EXHIBIT "H" - Page 1
Professional Services Proposal Lockport Community and Recreation Center LaFourche Parish, Louisiana Client Duplantis Design Group, PC 314 East Bayou Road Thibodaux, LA 70301 Mr. Andy Positerry, AIA, NCARB, LEED AP Principal T. 985.447.0090 F. 985.447.7009 M. 985.860.1672 E. [email protected] Consultant Water Technology, Inc. (WTI) 100 Park Avenue, PO Box 614 Beaver Dam, WI 53916 T. 920.887.7375 F. 920.887.7999
December 20, 2013 Proposal Number: 13340.01 Dear Mr. Positerry, We greatly appreciate the opportunity to contribute to this project and to propose the services detailed in this document. Water Technology, Inc. (WTI) provides professional services in aquatic planning, design and engineering. Specializing exclusively in aquatics, WTI consists of experienced and dedicated designers, engineers, architects, planners, and construction administrators. The purpose of this document is to define a scope of services and establish a mutually agreed upon fee. WTI understands the project information summarized below. Description The project involves an existing site for the new community and recreation center with an outdoor 25meter competition pool. The aquatic component will have inclusive design and be universally accessible. Attention will be given to sustainable practices and high performance design. Ownership The owner of the project site and all new or existing facilities is LaFourche Parish, LA. Water Technology, Inc. will act as a sub‐consultant to Duplantis Design Group, PC. Budget The project budget is undetermined or unknown to WTI. Schedule The project schedule is undetermined or unknown to WTI. WTI proposes a scope of services regarding the aquatic elements of the project. The accompanying pages describe in more detail the services and deliverables provided. If you have any questions or concerns regarding this proposal, please do not hesitate to contact the following WTI team members. Primary Contacts Dan Wm. Henke, II, AIA Sr. Project Manager M. 817.751.0553 E. [email protected] Douglass Whiteaker Principal M. 920.210.1110 E. [email protected] Fee for Professional Services WTI professional services are offered for a stipulated lump sum, and are contingent upon WTI Terms and Conditions. Fee for Professional Services ................................................................................................ $65,000.00 USD Fee Breakdown per Phase Schematic Design ....................................................... 20% Design Development .................................................. 10% Construction Documents ........................................... 45% Bidding & Negotiation ................................................. 5% Construction Administration ..................................... 15% Project Closeout………………………………………………………. 5% Project related expenses are reimbursable and are estimated to be $5,000. Reimbursable expenses include travel, express shipping, and printing. WTI will perform a total of up to the following number of trips to facilitate meetings and/or conduct site visits. Design and Coordination Meetings ................................ 3 Construction Administration Site Visits .......................... 5 Trip cost may vary depending on length of stay and number of Water Technology, Inc. professionals required. Adding or combining tasks and meetings to trips will vary the cost of travel. Trip cost may vary as a result of unanticipated fluctuation in the cost of travel. Water Technology, Inc. will make every reasonable effort to travel efficiently. Additional travel, if requested, will be reimbursable at Water Technology, Inc.’s currently hourly rates for professional time plus travel expenses. This proposal will remain valid for a period of 90 days. Notice‐to‐Proceed with the project work and acceptance of the proposed scope and fee for professional services may be provided with the signature of an authorized representative on the line below. Thank you again for your consideration and we look forward to working with you. Sincerely, Dan Wm. Henke, II, AIA Client
Signature / Date Name / Title
Scope of Services Program and Concept Development WTI will outline the aquatic requirements of the future facility and develop the intended utilization of the pool and aquatic elements. WTI will provide:  Orientation on new concepts, economics and trends in aquatic programming and design  Identification of aquatic recreation and entertainment needs and requirements  Identification of aquatic accessibility needs and requirements  Identification of sustainable options regarding aquatic amenities  Prioritized aquatic design goals and objectives  Concepts depicting aquatic structures and their relationships Schematic Design WTI will refine the conceptual design, further developing the refined aquatic program, aquatic elements and their relationships. At the completion of schematic design, the following elements will be established:  Development of pool configuration  Water activities  Water depths  Mechanical room space requirements  Preliminary pool mechanical selections  Preliminary schematic utility loads  Preliminary specifications  Health code compliance review  Final concept Rough Order of Magnitude construction cost opinion Deliverables  Based upon discussion between WTI and Client, WTI will develop and/or gather drawings, outline specifications, preliminary power requirements, catalog cuts, material samples and other information to describe the nature, quality, and scope of the aquatic elements of the project.  WTI will furnish one (1) set of approved schematic design drawings in DWF or PDF format and outline criteria at the end of schematic design.  WTI will provide an opinion of probable construction costs for structures and elements designed by WTI. Client Responsibilities  Client will review and provide comments on drawings and outline criteria provided by WTI.  Client will provide surveys, record drawings, geotechnical investigations and/or other such investigations that WTI may request to properly execute the work.  Client will be responsible for the design of Building Elements, including o Building plans o Building sections o Building elevations o Preliminary Building mechanical, electrical and plumbing system designs  Client will review and provide written approval of schematic design documents Design Development WTI will refine selections of materials, components, and systems. WTI will provide:  Pool size data  Preliminary utility requirements  Feature and equipment selections  Feature and equipment cut sheets  Preliminary structural opinion  Preliminary construction cost opinion Design Development documents will consist of drawings and specifications for swimming pools. DD Drawings will include plans, sections, drain and gutter/pool wall details. DD Specifications will outline the components and equipment selections. Based upon the approved schematic design documents, WTI will prepare design development documents for Client approval. It is the purpose of design development to fix the full nature and scope of the project, including finishes, markings, equipment, features and systems. At the completion of design development, the aquatic design decisions should be complete and will include the following:  Pool configurations, development and finalization  Water depths  Water activities review and selection  Preliminary safety evaluation review  Health code compliance review  Gutter/Skimmer selections  Interior pool finishes selection  Preliminary power requirements  Sewer and water requirements  Filtration and sanitizing equipment selections with associated design drawings  Pool equipment selections The following engineering tasks will be initiated at the start of design development:  Schematic design of pool structural system. WTI will base design upon standard soils conditions with an assumed bearing capacity of 2,500 pounds per square foot. If soil conditions differ and piles are required, structural engineering services for piles are included. Deliverables  Based upon discussions between WTI and Client, WTI will develop and/or gather drawings, preliminary utility requirements, preliminary power requirements, catalog cuts, material samples and other information to describe the nature, quality, and scope of the aquatic work.  WTI will furnish two (2) sets of drawings in DWF or PDF format and a DD level narrative at the end of design development.  WTI will provide pool mechanical equipment selection  WTI will provide an updated opinion of probable cost Client Responsibilities  Client will review and provide comments on drawings and outline criteria provided by WTI.  Client will provide surveys, record drawings, geotechnical investigations and/or other such investigations that WTI may request to properly execute the work.  The following related engineering tasks are being performed by other consultants of the Client: Civil engineering of roads, walks and utilities, piping of deck drains, and disposal of backwash and pool drains. o Mechanical engineering of building HVAC, gas, vents and flues for pool heaters. o Electrical engineering, including power to pool equipment, motor starters and disconnects, grounding and bonding of pool per NEC 680, and power for in‐pool underwater lights. o Plumbing design, including potable water supply for deck hose bibs, drinking water, shower and pool make‐up water. o Structural engineering of buildings, filter slabs, surge tanks, pump pits and pump grating. Client will be responsible for the design of Building Elements, including o Building plans, development and finalization o Building sections o Building elevations o Building details o Building finishes Client will provide authorization of pool shapes, depths and finishes at the 50% point of design development. Client will review and provide written approval of design development documents o



Construction Documents WTI will prepare aquatic drawings and specifications to properly describe and fix the nature and scope of the aquatic and site development work. These documents will be suitable for Health Department and permitting agencies review and for competitive bidding purposes. The drawings will include the following:  Aquatic Elements o Pool layouts and dimensions o Pool targets, markings and depth indications o Pool deck equipment, locations and schedule o Pool sections o Pool structural engineering. o Pool anchors, lane and safety lines o Pool details, including gutter, stairs, ramps, equipment anchors o Supply and return piping o Pool mechanical room equipment, piping and layout for indoor aquatic components. o Hydrostatic relief valve o Chemical control and feed systems  Pool Electrical Engineering o Specification and location of underwater pool lights. Power distribution to underwater lights provided by other consultant of the Architect.  Preparation of required specification sections, including the following: o Division 13 – Pools.  An updated opinion of probable cost will be prepared at approximately 90% construction documents. Deliverables  WTI will provide Client with a progress/coordination set of drawings and specifications at the 60% and 90% completion points. 
WTI will provide Client with a complete set of original, reproducible plans and specifications in a form adequate to secure competitive bids. WTI will provide the professional seal of a state licensed professional engineer or architect on drawings produced by WTI. Client Responsibilities  Provide front‐end specifications and specification format.  Provide any special sheet sizes or formatting requirements for drawings.  Document reproduction and distribution.  Site Development o Site development plans o Deck and deck drainage o Shower and Sanitary fixture control o Site construction details  Building Elements – The Client or Client’s other consultants will provide the following information in their drawings and specifications: o Dimensioned floor plans, building sections, elevations and wall sections o Pool equipment room(s), surge tank(s), chemical storage rooms and other support areas o Door widths and heights, access stairs, hatches and grates, and guard and handrails in pool equipment rooms o Interior elevations at bathrooms, change rooms and other appropriate locations o Architectural details  Engineering Development Provided by Client’s Other Consultants: o Site civil engineering, including development of pedestrian walks, vehicle access, drives and parking, storm and sanitary sewers (including backwash hub), grading and drainage, design of site structures, primary gas, water and electric service entrance. Piping for deck area and landscape drains located by WTI. o Structural engineering of building(s) footings, foundations, bearing and spanning systems. Any tunnels, special footing and foundation systems will be provided by the Client’s structural engineer. o Mechanical engineering of building HVAC systems, including heating, cooling, exhaust and ventilation. Provisions for fresh air make‐up and venting of pool heaters. On site distribution of gas service if required. Design of heating, cooling, ventilation and exhaust systems within the pool room, other support areas, pool equipment rooms and chemical storage rooms. Design of pool heater air intake and exhaust systems, including ductwork and louvers. o Plumbing (fresh water) systems, including distribution, fixtures, shower control, irrigation backflow prevention, yard hydrants, and pool make‐up water supply. Hose bibb and deck hydrant layout plan and potable water plumbing design for pool room(s) and pool equipment room(s). Potable water plumbing design for all pool autofills. Plumbing fixture design (toilets, urinals, lavatories, sinks, showers and drinking fountains). Eyewash location, sections, specification and potable water plumbing. Pool room and/or outdoor pool deck drain layout and plumbing design. Design of potable water system for exterior deck hose bibbs, showers and potable water activities, if any. o Electrical engineering, including lighting and power distribution, pool night/security lighting. Electrical design of pool mechanical room power panels and breakers. Grounding and bonding of pool metal components, pool reinforcing, and pool equipment per Article 680 of the NEC Code, Disconnects and motor starters for pool filtration equipment. Design of electrical power distribution from power panels and breaker to swimming pool equipment, including disconnects, interlocks and connections o Motor starters, variable frequency drives and disconnects for pool pumps and other power for all pool equipment, including specifications for VFD devices and motor starters. Overhead lighting in pool room(s), around outdoor pool deck(s), in pool equipment room(s), chemical storage rooms and other support areas. Convenience purpose outlets in pool room(s), pool equipment room(s), chemical storage and other support areas. Electrical design for all plumbing and HVAC related components. Control wiring for pool equipment controls/systems will be performed by others. Preparation of required specification sections, including the following: o Division 2 – Sitework Client will review and provide written acceptance of aquatic construction documents. o


Bidding & Negotiation WTI will provide:  Answer aquatic questions during the bidding and contract negotiations.  Provide proper and timely information and clarifications for inclusion in Client’s addenda.  Assist in the interview of the pool contractors if requested by Client. Deliverables  Addenda and supplemental drawings as required. Client Responsibilities  Client will maintain a plan holder’s list during the bid time frame.  Client will provide a complete copy of bid documents and addenda to WTI.  Preparation and distribution of bid documents and addenda.  Client will provide WTI with copies of bid results. Construction Administration WTI will provide the following construction administration services:  Review of all requested aquatic shop drawings.  Assistance with pool contractor construction coordination issues.  Correspondence with Health Department officials regarding questions during construction  Review aquatic area operating instructions provided by contractor  General consultation for aquatic construction.  Participate in meetings with contractors, consultants, and Client. The visits will be at appropriate intervals of construction.  Make final site observation; review the contractor prepared punch list related to aquatic elements and follow‐up through completion of punch list.  Provide consultation during the start‐up process Deliverables  Preparation of field orders and supplemental information.  Preparation of field reports.  Review, mark‐up and distribution to Client of punch list. Client Responsibilities  Review and comment on project information and needs. Responsibility Matrix Design & Engineering Scope Architectural Bathhouse and change facility Pool mechanical equipment room(s) Pool chemical storage room(s) Pool equipment storage room(s) Shade structures and pavilions Fences and perimeter barriers Landscaping and irrigation Pool layout(s) and dimensions Pool handrails, ramps and stairs Pool lifts and transfer systems Pool finishes, markings and depth indications Diving boards Starting platforms Pool lane lines and anchors Civil Parking and vehicular access Storm and sanitary sewers Site grading and drainage Pool filter backwash disposal piping Site utility distribution including gas, electric, & water Structural Surge tank concrete and rebar design Surge tank hatch and ladder Pump pit concrete and rebar design Pump pit railings and stairs Pool vessel concrete and rebar design Deck slab concrete and rebar design Deck joint sealant Diving board supports and footings Slide tower supports and footings Slide tower stairs, railings and platforms Mechanical Boilers and controls Pool heat exchangers and controls Pool heaters Pool heaters exhaust Surge tank exhaust Chemical storage room exhaust and ventilation Pool equipment room HVAC Pool room/natatorium HVAC Owner Client Client or Other Consultant X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X WTI Pool water circulation system Pool water filtration system Pool water disinfection system(s) Electrical Pool room/natatorium lighting Pool equipment room lighting Pool component grounding and bonding Pool tank rebar grounding and bonding Deck rebar grounding and bonding Pool equipment room electrical panel(s) and breakers Electrical distribution to pool equipment Variable frequency drives for pool pumps Underwater pool lighting Electrical distribution to underwater pool lighting Scoreboards and timing systems Low voltage wiring Plumbing Deck drains Deck drain locations Deck drain piping to waste Pool equipment room floor drains Pool equipment room floor drain piping to waste Pool equipment room potable water supply Pool equipment room hose bibs Pool auto‐fill Potable water piping to pool auto‐fill Pool water circulation piping Plumbing fixtures Emergency eyewash station Testing & Analysis Geotechnical Analysis Local Water Analysis X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Terms and Conditions Basis of Agreement This proposal incorporates by reference AIA Document B101‐2007, Standard Form of Agreement Between Owner and Architect, or AIA Document C401‐2007, Standard Form of Agreement Between Architect and Consultant. The general conditions of the contract will be defined in AIA Document A201‐2007, General Conditions of the Contract for Construction. Scope of Services Services offered are limited to those services described in the proposal. No other services are offered or implied unless specifically addressed in the proposal. Expiration The attached proposal is considered valid for a period of ninety (90) days from the date of the proposal or its last revision date, if any. Proposals older than ninety (90) days are expired, unless reissued by WTI with a reissue date. Payment All proposals are based upon payment in US dollars. Invoices will be issued monthly and are payable within forty‐five (45) days of date of invoice. An interest rate of one percent (1.0%) per month will be payable on any amount not paid within this time period. Attorney’s fees and any other costs incurred in collecting delinquent accounts shall be paid by Client. WTI will invoice professional fees monthly, on a percent complete basis, throughout the project term. Hourly Charges/Additional Services WTI personnel will be charged at the following rates: Principal/Project Leader $150.00
Project Manager $105.00
Project Designer $95.00 CAD Technician $65.00 Administrative $55.00 These rates are valid for a period of twelve (12) months from date of an accepted proposal. These rates are not valid for work involving claims settlement, expert witness or litigation work. Additional services, if requested by Client, will be performed on a stipulated sum or hourly basis, as agreed to in writing by both parties prior to initiating the additional services. Reimbursable Expenses Expenses and services not directly provided by WTI will be invoiced at one and 10/100 (1.10) times cost. Reimbursable expenses include travel expenses, printing of drawings and/or specifications and expedited delivery service. International travel is business class air. Domestic airfare will be coach. These costs are not included in WTI’s fee unless specifically noted as included in our proposal. Air fares are based on fourteen (14) days advanced purchase. Costs associated with customer requested modifications to travel arrangements after purchase by WTI will be an addition to the contract sum. Additional Project Related Costs The following costs are not included in our proposal and should be anticipated in the owner’s budgeting. ‐ Geotechnical services and reports ‐ Topographic and boundary surveys (site surveys) ‐ Testing ‐ Project related insurance, legal and safety consultant services ‐ Permits and fees ‐ Marketing and operations development Project Requirements The following information, records and electronic media will be provided to WTI at no cost: ‐ AutoCAD files of building, site and other work being prepared by others. ‐ Copies of geotechnical investigations, surveys and programming information. ‐ Complete set of plans and specifications of the building and site bid documents. Standard of Care Services provided by WTI under this Agreement will be performed in a manner consistent with that degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar circumstances and in accordance with the governing codes and regulations adopted at the time of the execution of this Agreement. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, plans and specifications or reports. Risk Allocation Client agrees that to the fullest extent permitted by law, WTI’s total liability to Client for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this Agreement from any cause or causes, shall not exceed the total amount of fees for services for this project or twenty‐five thousand and no/100 dollars ($25,000.00), whichever is greater. Governance This Agreement shall be governed by the laws of the State of Wisconsin. Insurance Notwithstanding any other provisions in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any other way impair any insurance coverage held by either party to this Agreement. During the term of this agreement, WTI agrees to provide evidence of insurance coverage as shown in the example Insurance Certificate attached hereto. In addition, WTI will attempt to maintain continuous professional liability coverage for the period of design and construction of this project, and for a period of three (3) years following substantial completion, if such coverage is reasonable available at commercially affordable premiums. For the purposes of this agreement, “reasonably available” and “commercially affordable” shall mean that more than half the design professionals practicing in this state in this discipline are able to obtain such coverage. Owner will require that any party hired for the construction of the project, including but not limited to the general contractor, construction manager, and subcontractors will include, in addition to the Owner, Water Technology, Inc. and it’s consultants as additional insured for all policies related to the project. Standard insurance carried by WTI is as follows: General Liability (Occurrence) $1.0 Million
General Aggregate (Project)
$2.0 Million
Automobile
$1.0 Million
Excess (Occurrence)
$4.0 Million
Workers Compensation
Statutory
E & O $2.0 Million
Costs for additional coverage limits, if requested, will be paid for by Client. Photography The project architect agrees that any published photos, descriptions or award submittals of the project that include reference to the aquatic work shall include WTI as the aquatic consultant. Client Services As part of WTI’s quality assurance program, WTI will contact the Owner regarding services provided by WTI. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, Client and WTI agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Client and WTI further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing all mediation as the primary method for dispute resolution, between the parties to those agreements. No mediation arising out of or relating to this agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this agreement, except by written consent containing a specific reference to this agreement signed by Client, WTI and any other person or entity sought to be joined. Consent to mediation involving an additional person or entity duly consented to by the parties to this agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Hazardous Materials Client represents to WTI that to the best of Client’s knowledge no hazardous or toxic substances within the meaning of any applicable statute or regulation are presently stored, or otherwise located, on the project site or adjacent thereto. Further, within the definition of such statutes or regulations, no part of the project site or adjacent real estate, including the ground water located thereon, is presently contaminated. Existing Conditions Inasmuch as the remodeling and/or rehabilitation of an existing site/structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building, Client agrees, to fullest extent permitted by law, to indemnify and hold the design professional harmless from any claim, liability or cost (including reasonable attorney’s fees and costs of defense) for injury or economic loss arising or allegedly arising out of the professional services provided under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the design professional. Working Hours Water Technology, Inc.’s business hours are 8:00 a.m. to 5:00 p.m. central time, week days, excluding US holidays. Business meetings, teleconferences and/or video conferences scheduled outside of these business hours may, at Water Technology, Inc.’s sole discretion, be subject to additional costs. Termination Either party may terminate the agreement for convenience after seven (7) days written notice of intent to terminate. Client shall be responsible for all costs and charges incurred up to the date of termination, including reasonable costs for WTI to close the work and organize files. WTI agrees not to charge for lost or anticipated profits on the work not completed and will provide copies of work files to Client upon receipt of final payment. EXHIBIT I
Project Memorandum of Understanding
The following items are DDG’s assumption of the project requirements and a listing of services that are
specifically excluded from the contract and scope of services:
Assumptions:
1. The proposed Gymnasium and Multi-purpose Center will consist of approximately 15,000 square
feet of total building area. Approximately 4,000 square feet of this area will be used for office
space, restrooms, showers, meeting room, and kitchen. It is assumed that the kitchen component
will require minimal equipment that can be designed and specified as part of DDG’s scope
without the need for an independent outside professional Food Service Consultant.
2. The gymnasium component will accommodate a competition basketball court and bleacher
seating for 150 spectators. Scoreboards, basketball equipment, lockers, and other gymnasium
equipment and furnishings will be verified with the Owner.
3. An emergency generator with automatic transfer gear will be provided in the facility. Owner
shall provide a list of equipment and/or spaces to be powered by the emergency generator system.
4. Public Swim Center and Pavilion will be provided, possibly as an attached component of the
Gymnasium and Multi-purpose Center.
5. The swimming pool will be a 25-yard by six 7-foot wide lanes pool. Associated bleachers (100
spectators), equipment, filters, temperature control, fencing, lane lines, blocks, and lockers will be
provided.
6. In addition to the new building(s), site improvements will include a new concrete driveway to LA
Hwy 308, construction of the required number of parking spaces at the facility, new exterior site
lighting in the parking areas, and construction of drainage improvements to facilitate the
construction of the new driveway, parking areas, and building(s).
7. Lafourche Parish Government will be responsible for obtaining permits from Department of
Natural Resources (DNR) and U.S. Army Corps of Engineers.
8. Construction Materials Testing (CMT) is currently not identified; however, a budget estimate is
provided in the Contract. DDG will provide proposals and associated required documentation to
confirm the CMT fees at the appropriate time.
9. Total Project Budget (including all soft and hard costs) is $4,125,736.00.
Services Not Included:
1. Davis-Bacon Wage Determination payroll verification, interviews, or other related services.
These services will be performed by Hunt, Guillot, & Associates, LLC.
2. 3-dimensional models and/or renderings.
3. Structural engineering beyond that required for the design of the building foundation and site
lighting pole foundation.
4. Food Service Consultant services are not included at this time.
EXHIBIT J
Non-Collusion Affidavit (Regarding LSA - R.S. 38:2224)
STATE OF LOUISIANA
PROJECT NAME:
Recreation Center
Lockport
Community
LOCATION:
Lockport, LA
and
PARISH OF LAFOURCHE
AFFIDAVIT
Before me, the undersigned authority, duly commissioned and qualified within and for the State
and Parish aforesaid, personally came and appeared Lloyd A. Positerry, II, representing Duplantis
Design Group, PC, who, being by me first duly sworn deposed and said that he has read this affidavit
and does hereby agree under oath to comply with all provisions herein as follows:
Section 2224 of Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes, as amended.
(1) That affiant employed no person, corporation, firm, association, or other organization, either directly
or indirectly, to secure the public contract under which he received payment, other than persons
regularly employed by the affiant whose services in connection with the construction, alteration or
demolition of the public building or project or in securing the public contract were in the regular
course of their duties for affiant; and
(2) That no part of the Contract price received by affiant was paid or will be paid to any person,
corporation, firm, association, or other organization for soliciting the Contract, other than the payment
of their normal compensation to persons regularly employed by the affiant whose services in
connection with the construction, alteration or demolition of the public building or project were in the
regular course of their duties for affiant.
THUS DONE AND SIGNED BEFORE ME, THE UNDERSIGNED Notary Public and subscribing
witnesses on this
day of
, 2014, at ____________, Louisiana.
WITNESS
___________________________________
Lloyd A. Positerry, II, Principal
WITNESS
____________________________________
NOTARY PUBLIC
DUPLA-1
OP ID: KL
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
01/17/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
800-338-1391
888-621-3173
PRODUCER
ACEC/MARSH
701 Market St., Ste. 1100
St. Louis, MO 63101
Michael Janes
CONTACT
NAME:
PHONE
(A/C, No, Ext):
E-MAIL
ADDRESS:
FAX
(A/C, No):
INSURER(S) AFFORDING COVERAGE
INSURER A : RLI
314 E Bayou Road
Thibodaux, LA 70301
INSURED
NAIC #
Insurance Company
13056
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL SUBR
INSR WVD
POLICY NUMBER
POLICY EFF
POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PROPOLICY
LOC
JECT
PRODUCTS - COMP/OP AGG
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
$
$
$
SCHEDULED
AUTOS
NON-OWNED
AUTOS
$
$
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
EXCESS LIAB
CLAIMS-MADE
AGGREGATE
DED
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
$
$
$
WC STATUTORY LIMITS
E.L. EACH ACCIDENT
N/A
A Professional
OTHER
$
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT
RDP0009341
01/18/13
01/18/14
Liability
Claim
Aggregate
$
2,000,000
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER
CANCELLATION
LAFOURC
PO Drawer 5548
Thibodaux, LA 70302
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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CERTIFICATION OF NON-SEGREGATED FACILITIES
(Contracts over $10,000) (41 CFR 60-1.9)
I hereby certify that I do not and will not maintain any facilities provided for my employees in a
segregated manner, or permit my employees to perform their services at any locations under my control
where segregated facilities are maintained; and that I will obtain a similar certification prior to the award
of any federally assisted subcontract exceeding $10,000 which is not exempt from the equal opportunity
clause.
Date
EXHIBIT M
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The prospective participant certifies to the best of its knowledge and belief that it and its principals under
the Provisions of 24 CFR 24:
(a)
Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any Federal department or agency.
(b)
Have not within a three year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, falsification or destruction of records, making false statements, or
receiving stolen property.
(c)
Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d)
Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause of default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or
termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of
up to $10,000 or imprisonment for up to 5 years, or both.
Date
I am unable to certify to the above statement. My explanation is attached.
EXHIBIT N
SECTION 3 CERTIFICATION OF SELECTED CONTRACTOR
Lockport Community and Recreation Center – Architectural/Engineering Services
Name of Contractor:
314 East Bayou Road
Thibodaux, LA 70301
Project: Lafourche Parish Government
402 Green St.
Thibodaux, LA 70301
The undersigned hereby certifies that:
A. The positions listed under Paragraph B that have been filled by Duplantis Design Group, PC since
being notified of anticipated issuance of contractor selection on or about
, were not
filled to circumvent the contractor’s obligations to provide employment opportunities; including
training positions, for Section 3 residents, as required by Section 3 of the Housing and Urban
Development Act of 1968 and the implementing regulations, 24 CFR Part 135.
B. Employment Positions filled since
:
___________________________
______________________
________________________
___________________________
______________________
________________________
___________________________
______________________
________________________
C. If no employment positions have been filled since
, please check box.
Name & Title of Signer (Print or Type)
__________________________________________
Signature
______________________________
Date
ATTACHMENT TO EXHIBIT N
(continued)
SECTION 3 PLAN
Lockport Community and Recreation Center, Lockport, Louisiana
Duplantis Design Group, PC agrees to implement the following specific affirmative action steps directed
at increasing the utilization of lower income residents and businesses within the Parish of Lafourche,
Louisiana.
A. To ascertain from the Lafourche Parish Government CDBG-Disaster Recovery Program official the
exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of
local officials in preparing and implementing the affirmative action plan.
B. To attempt to recruit from within Lafourche Parish the necessary number of lower income residents
through: local advertising media, signs placed at the proposed site for the project, and community
organizations and public or private institutions operating within or serving the project area such as
Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban
League, Concentrated Employment Program, Hometown Plan, or the U. S .Employment Service.
C. To maintain a list of all lower income residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.
D. To insert this Section 3 Plan in all bid documents and to require all bidders on subcontracts to submit
a Section 3 Plan including utilization goals and the specific steps planned to accomplish these goals.
E. To ensure that subcontracts, which are typically let on a negotiated rather than a bid basis, in areas
other than Section 3 covered project areas, are also let on a negotiated basis whenever feasible, if let
in a Section 3 covered project area.
F. To formally contact unions, subcontractors, and trade associations to secure their cooperation for this
program.
G. To ensure that all appropriate project area business concerns are notified of pending sub contractual
opportunities.
H. To maintain records, including copies of correspondence, memoranda, etc., which document that all
of the above affirmative action steps have been taken.
I.
To appoint Matthew K. Newchurch, Duplantis Design Group, PC to function as the Equal
Opportunity Officer in the completion of the Lockport Community and Recreation Center Project
and to coordinate the implementation of this Section 3 Plan.
As Principal of Duplantis Design Group, PC, I have read and fully agree to this Section 3 Plan, and
become a party to the full implementation of this program.
Date
Related to: Lockport Community and
Recreation Center Project
TABLE A
Professional Architectural/Engineering Services
Proposed Subcontracts Breakdown
Column 1
Type of Contract
[Business or
Professional]
Mechanical/Electrical
Structural
Pool Consultant
Land Surveying
Geotechnical
Column 2
Total Number of
Contracts
1
1
1
1
1
Column 3
Total
Approximate
Dollars
$62,313.00
$15,000.00
$70,000.00
$4,500.00
$6,400.00
Column 4
Estimated
Number of
Contracts
The project area is coextensive with the boundaries of Lafourche Parish, Louisiana.
314 East Bayou Road
Thibodaux, LA 70301
985-447-0090
FEI # 72-1359963
Email: [email protected]
__________________________________________________________
EEO Officer
Date
Column 5
Estimated Dollar
Amount to Project
Area Businesses
TABLE B
Professional Engineering Services
Estimated Program Workforce Breakdown
Column 1
Column 2
Job Category
Total
Estimated
Positions
Officers/Supervisors
Professionals
Technicians
Housing Sales/Rental Management
Office/Clerical
Service Workers
Others
Column 3
Number of
Positions
Currently
Occupied by
Permanent
Employees
Column 4
Column 5
Number of
Positions Not
Currently
Occupied
Number of
Positions to be
Filled with
LIPAR*
3
1
2
*Lower Income Project Area Residents are individuals residing within Lafourche Parish whose family
income does not exceed 80% of the median income in the State.
ATTACHMENT TO EXHIBIT N
(continued)
CERTIFICATION REGARDING SECTION 3
The undersigned hereby certifies that:
(a) Section 3 provisions are included in all project related contracts exceeding $100,000;
(b) A written Section 3 plan has been implemented by Duplantis Design Group, PC;
(c) Tables A and B were prepared and are on file in the office of the EEO Officer for the company;
(d) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of
1964.
____________________________________________________
Matthew K. Newchurch, Principal
Date
Created July 2010 www.state.la.us
EXHIBIT O
AFFIDAVIT OF NOTICE OF FEE DISPOSITION
PURSUANT TO LA. R.S. 38:2196.1, any person or other entity that enters into any contract awarded without bidding
with a state entity or local entity, or any contract with a local entity exceeding ten thousand dollars awarded with bidding,
in which a commission, fee, or other consideration is paid to the contractor for the contractor to sell to or provide to the
state entity or local entity any commodity, goods, brokerage service or other service of any kind, insurance, or anything of
value, then the full disposition, splitting, or sharing of such commission, fee, or other consideration shall be disclosed to
the state entity or local entity by the contractor in writing by an AFFIDAVIT OF NOTICE OF FEE DISPOSITION.
☐ORIGINAL FEE DISPOSITION
☐AMENDMENT
(DATE CONTRACT ENTERED:
(DATE FEE DISPOSITION AMENDED:
_____/_____/_____)
_____/_____/_____)
NAME OF CONTRACTOR (PRINT):
_________________________________________________________________________________________
NAME OF AUTHORIZED AGENT (PRINT):
_________________________________________________________________________________________
MAILING ADDRESS (PRINT):
_________________________________________________________________________________________
_________________________________________________________________________________________
NAME OF STATE OR LOCAL ENTITY (PRINT):
_________________________________________________________________________________________
☐STATE CONTRACT WITHOUT BIDDING
☐LOCAL CONTRACT WITHOUT BIDDING
☐LOCAL CONTRACT WITH BIDDING (EXCEEDING $10,000.00)
VALUE OF COMMISSION, FEE, OR OTHER CONSIDERATION TO THE CONTRACT:
$______________________
PARTIES TO RECEIVE DISPOSITIONS, SPLITS, OR SHARES OF THE COMMISSION, FEE OR OTHER CONSIDERATION:
☐SCHEDULE A COMPLETED AND ATTACHED
CERTIFICATE OF ACCURACY
I hereby certify that the information contained herein is true and correct to the best of my knowledge, information, and
belief; and that this Notice shall be attached to and made a part of the contract for which the commission, fee, or other
consideration is paid and shall be recorded in the public record.
_____________________________________________________________________
Signature (Authorized Agent)
SWORN TO AND SUBSCRIBED BEFORE ME
THIS _______ DAY OF ___________________,
20___________
___________________________________________________
Signature (Notary Public)
Created July 2010 www.state.la.us
SCHEDULE A
PARTIES TO RECEIVE DISPOSITIONS, SPLITS, OR SHARES OF THE COMMISSION, FEE, OR
OTHER CONSIDERATION
FULL NAME OF RECIPIENT (PRINT):
__________________________________________________________________________________________________________
☐SPLITS: __________________ ☐ FEE $_______________________ ☐COMMISSION SHARES: ______________________
☐ OTHER CONSIDERATION: _______________________________________________________________________________
__________________________________________________________________________________________________________
☐SPLITS: ___________________ ☐ FEE $_______________________ ☐COMMISSION SHARES: _____________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
☐SPLITS: ____________________ ☐ FEE $______________________ ☐COMMISSION SHARES: _____________________
☐ OTHER CONSIDERATION: ________________________________________________________________________________
_______________________________________________________________________________________________________
☐ OTHER CONSIDERATION: _____________________________________________________________________________
INSURANCE REQUIREMENTS
EXHIBIT“A”
"P"
EXHIBIT
1. GENERAL REQUIREMENTS
Each of the insurance policies maintained by Contractor for work/services performed under this agreement
must be endorsed as follows, in addition to any other requirements:
A. To provide to Lafourche Parish Government thirty (30) days written notice of changes in coverage or
cancellation in accordance with contract terms. Changes in coverage or cancellation can be cause for
termination of contact.
B. For liabilities and indemnities assumed by Contractor under this agreement, Contractor’s Insurance
policies (except with respects to Worker’s Compensation, Professional Liability, and Employer’s Liability)
shall name Lafourche Parish Government as additional insured.
C. For liabilities and indemnities assumed by Lafourche Parish Government under this agreement,
Contractors insurance policies shall provide that the Contractors’ insurers waive their rights of subrogation
against Lafourche Parish Government, its elected officials, employees, volunteers, and their insurers.
D. It is understood and agreed that such insurance provided by Contractor shall be primary to and receive no
contribution from any insurance maintained by or on behalf of Lafourche Parish Government. Lafourche
Parish Government shall not be responsible or liable for any deductibles, self insured retentions and/or
premiums of Contractor’s insurance.
E. It is further understood and agreed that such insurance provided by Contractor shall not be reduced,
voided, waived or in any other manner limited with respect to Subcontractors. Contractors shall include all
Subcontractors as insureds under its policies or shall be responsible for verifying and maintaining the
Certificates provided by each subcontractor. Subcontractors shall be subject to all of the requirements
stated herein. The Agency reserves the right to request copies of Subcontractor’s Certificates at any time.
F. Certified Copies of insurance certificates shall be made part of any contract executed. Lafourche Parish
Government reserves the right to request production of certified copies of all required insurance policies at
any time.
G. Any deductibles or self-insured retentions must be declared and approved by Lafourche Parish
Government. Prior to entering into this agreement, and at the option of the Lafourche Parish Government
either, the Parish shall accept and approve the deductible or self-insured retention, the insurer shall reduce
or eliminate such deductibles or self-insured retentions with respect to the Parish, or the vendor shall
procure a bond guaranteeing payment for losses and related investigations, claim administration and
defense expense.
H. Insurance is to be placed with insurers with an A. M. Best’s Rating or no less than A-VI or higher. This
requirement could be waived for workers’ compensation coverage only for those vendors whose workers’
compensation coverage is placed with companies who participate in the Louisiana Workers’ Compensation
Corporation.
I.
Lafourche Parish Government reserves/maintains the right to increase the minimum
insurance requirements based on the project specifications.
2. MINIMUM INSURANCE REQUIREMENTS
The required limits for coverage are as follows:
A. Workers’ Compensation, as required by statute, and Employee’s Liability Insurance, $1,000,000 limits
(per accident/per disease/per employee), covering Contractor’s employees engaging in work/services under
this agreement in compliance with applicable state, federal and/or maritime laws. Lafourche Parish
Government its elected officials, employees, and volunteers shall be provided with a waiver of subrogation
as well as listed as Alternate Employer. Contractor expressly agrees to comply with all provisions of the
Workers’ Compensation Laws of the state or federal jurisdiction where the work/service is being
performed. For work/services performed on or near water, and where applicable, the policy should be
endorsed to provide the Harbor Workers’ Compensation Act, and/or Maritime Operations coverage,
Maritime Employer’s Liability Including wages, maintenance and transportation, and coverage for Master
and Crews.
B. Automobile Liability Insurance shall have a minimum combined single limit per occurrence of $1,000,000.
This insurance shall include third party bodily injury and property damage liability for owned, hired, and
non-owned vehicles.
C. Architects, Engineers, and other Professionals shall maintain Professional Liability Coverage with
minimum limits of $1,000,000. The coverage shall extend to all professional subcontractors employed by
said Architect, Engineer and other Professionals.
D. Builder’s Risk insurance shall be in an amount equal to the greater of the fully-completed project value or
the amount of the construction contract including any amendments and shall be upon the entire work
included in the contract. The policy provided coverage equivalent to the ISO for number C P 10 20, Broad
Form Causes of Loss (extended to, if necessary, to include the perils of wind, earthquake, collapse,
vandalism/malicious mischief, and theft, including theft of materials whether or not attached to any
structure. The policy must include architects’ and engineers’ fees necessary to provide plans, specifications
and supervision of work for the repair and/or replacement of property damage caused by a covered peril,
not to exceed 10% of the cost of the repair and/or replacement.
E. Commercial General Liability insurance, $1,000,000 limit, covering 3rd party bodily injury and property
damage to include the following:
•
•
•
•
•
•
•
Premises and Operations coverage;
Contractual Liability covering liabilities assumed under this Agreement;
Products and Completed Operations Coverage;
Action Over/Indemnity Buyback/
Underground resources liability endorsement (when applicable);
Pollution liability coverage, when applicable
Personal and Advertising Injury Liability (when applicable)
F. Aircraft Liability insurance when aircraft (including fixed wing and helicopters) that are owned, rented or
chartered are used in the operation under this agreement. The required limit of liability is $1,000,000
combined single limit to include passenger liability. If owned aircraft are utilized, then a waiver of
subrogation in favor of Government should also be provided for Hull Damage to the craft. Company will be
restricted from flying over populated area.
G. Marine Liability, Charters Legal Liability, and Towers Liability insurance including but not limited to tugs,
vessels or barges that are owned, rented, or chartered and used in the operations under this agreement. The
required limit of liability is $10,000,000 which can be provided under a separate, stand alone policy or
under Contractor’s Commercial General Liability or Excess/Umbrella Liability Coverage.
H. Watercraft Hull Damage insurance if owned watercraft are utilized, including a waiver of subrogation in
favor of Lafourche Parish Government.(when applicable)
I.
Excess Umbrella insurance may be used to meet the minimum requirements for General Liability and Auto
Liability Only. Minimum coverage must total $1,000,000.00.

public notice - Lafourche Parish Government

Transcription

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