INNER HARBOR-NAVIGATIONAL CANAL ALMONASTER AVENUE

Transcription

INNER HARBOR-NAVIGATIONAL CANAL
ALMONASTER AVENUE BRIDGE
REPAIR OF SEPTEMBER 1, 2008 ALLISION DAMAGE
Requisition No. 054222
Work Order No. 4-730
Prepared by
Modjeski and Masters, Inc.
1055 St. Charles Avenue, Suite 400
New Orleans, Louisiana
1350 Port of New Orleans Place
New Orleans, Louisiana 70130
Board of Commissioners of the Port of New Orleans
Post Office Box 60046 New Orleans, Louisiana 70160
Tel: 504-528-3296 Fax: 504-528-3278
BOARD OF COMMISSIONERS
OF THE
PORT OF NEW ORLEANS
Requisition No. 054222
Contract Documents
Prepared by
Engineering Department, Port of New Orleans
And
October 8, 2009
CONTRACT FOR MATERIAL AND LABOR
FOR THE CONSTRUCTION
OF
INNER HARBOR-NAVIGATION CANAL
This Agreement, (hereby after the Agreement or Contract), made and entered into in
multiple counterparts, effective on the date last executed by a party hereto, by and
between:
BOARD OF COMMISSIONERS OF THE
PORT OF NEW ORLEANS
and
(NAME OF CONTRACTOR)
WITNESSES:
That, for and in consideration of payments hereinafter stipulated to be made to
Contractor by Board, Contractor and Surety (hereinafter appearing) hereby agree and
bind themselves jointly, severally and in solido at their own cost to furnish all labor and
materials, equipment, transportation and other facilities, necessary and requisite to
perform, construct, complete and deliver in a substantial and workmanlike manner, to
the entire satisfaction of the Board representative, hereinafter called “Engineer,” all of
the work called for, embraced and described in the Plans and Specifications of Board,
and according to the Bid of Contractor, for the construction of
Req. No. 054222
I
in the manner and in strict accordance with said Plans and Specifications and Bid, as
accepted by Board and in accordance with the Notice of Award as follows, to wit:
(a) The Notice of Award dated the
day of
2009, a
copy of which is annexed hereto and made part of this agreement as fully as if herein at
length.
(b) The specifications dated the
day of
2009, are
hereto annexed and made a part of this agreement as fully as if written herein at length
and are marked for identification
(c) The Plans issued with said Specifications are hereto annexed and made part
of this agreement and are initialed by the parties hereto for identification.
(d) The Bid of Contractor dated the
day of
No.
dated
2009, and Addendum No.
is hereto annexed and made a part of this agreement.
dated
and Addendum
, 2009,
Contractor hereby agrees to commence work under this agreement on the date or dates
as set forth in the aforesaid Notice of Award, and to complete all work under this
agreement on or before the dates as therein set forth, subject to the assessment of
ascertained and liquidated damages as set forth in the Bid of Contractor. Contractor
agrees that ascertained and liquidated damages shall automatically apply against
Contractor without the necessity or formality of putting Contractor in default therefore,
and Contractor, further agrees that Board shall have the right to retain from any monies
due Contractor, or which may become due, an amount sufficient to pay such
ascertained and liquidated damages.
That for and in consideration of the faithful performance by Contractor of all singular the
obligations herein assumed by, or imposed upon, Contractor by this agreement, Board
shall make payment to contractor, in the manner and at the time or times set forth in the
Specifications and in accordance with Contractor’s Bid, but nothing herein shall prevent
Board, if it sees fit, from making payments to Contractor, without the consent of surety,
in amounts or at different times than fixed herein.
Req. No. 054222
II
TABLE OF CONTENTS
FOR
REQUISITION NO. 054222
AGREEMENT
TABLE OF CONTENTS
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
BIDDER’S CHECKLIST
BID FORM
GENERAL CONDITIONS
ARTICLE
1.
2.
2A
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
22A
23.
24.
25.
26.
27.
28.
28A.
Req. No. 054222
DEFINITIONS
INTENT OF DOCUMENTS
ORDER OF PRECEDENCE
DRAWINGS, SPECIFICATIONS, AND INSTRUCTIONS
TIME LIMITS AND ORDER OF BEGINNING AND COMPLETION
ASCERTAINED AND LIQUIDATED DAMAGES
BONUSES FOR EARLY COMPLETION
NIGHT AND HOLIDAY WORK
DELAYS AND EXTENSION OF TIME
CONTRACTOR'S UNDERSTANDING
MATERIALS, EQUIPMENT, APPLIANCES AND EMPLOYEES
EQUALITY
REMOVAL OF IMPROPER MATERIAL
ROYALTIES AND PATENTS
CONNECTIONS WITH UTILITY SERVICES
INSPECTION OF WORK AND CERTIFICATES OF APPROVAL
PERMITS AND REGULATIONS
PROTECTION OF WORK AND PROPERTY
SUPERINTENDENCE AND SUPERVISION
CHANGES IN THE WORK
SUSPENSION OF WORK
BOARD'S RIGHT TO DO WORK
BOARD'S RIGHT TO TERMINATE CONTRACT
BOARD'S RIGHT TO STOP WORK OR TERMINATE CONTRACT FOR
ITS CONVENIENCE
CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE
CONTRACT
REMOVAL OF EQUIPMENT
USE OF COMPLETED WORK PRIOR TO FINAL ACCEPTANCE
WARRANTY
INDEMNITY
BOARD'S INSURANCE
FORCE MAJEURE
III
Page 1 of 3
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
44A.
44B.
UNPAID WAGES
PERFORMANCE BOND AND CONTINUING OBLIGATIONS
CLAIMS BY CONTRACTOR FOR ADJUSTMENT; DISPUTES
TEMPORARY WORK AND STORAGE AREAS
ASSIGNMENT
RIGHTS OF VARIOUS INTEREST
WORK UNDER SEPARATE CONTRACTS AND BY BOARD'S FORCES
SUBCONTRACTORS
SURVEYS, ALIGNMENT, BENCH MARKS AND ENGINEER'S CHECKS
ENGINEER'S STATUS
ENGINEER'S DECISIONS
REVIEW OF DECISIONS
FINAL CLEANING UP
PAYMENTS WITHHELD AND DEDUCTIONS
EXTRA WORK AND PAYMENT THEREFORE
ENGINEERS' CERTIFICATES, PAYMENTS AND ACCEPTANCE
MOBILIZATION
MINORITY, WOMEN, AND DISADVANTAGED BUSINESSES AND
MONTHLY REPORT SAMPLE
SPECIAL CONDITIONS
ARTICLE
45.
QUANTITIES AND PRICES
46.
PERFORMANCE OF WORK BY CONTRACTOR
47.
TAXES
48.
INSURANCE REQUIREMENTS FOR CONTRACTORS
49.
REQUIRED SEQUENCE OF WORK
50.
GENERAL SPECIFICATIONS
51.
VALUE ENGINEERING
52.
RESPONSIBILITY FOR MATERIALS AND EQUIPMENT
SPECIFICATIONS:
SECTION
1000 – GENERAL REQUIREMENTS
SECTION
1500 – TEMPORARY FACILITIES, UTILITIES AND OPERATIONS
SECTION
2000 – ENVIRONMENT PROTECTION
SECTION
2060 – DEMOLITION AND REMOVAL OF EXISTING STRUCTURES
SECTION
2112 – CLEARING AND GRUBBING
SECTION
2220 – RIP RAP
Req. No. 054222
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Page 2 of 3
SECTION
2360 – TREATED TIMBER PILES
SECTION
2364 – STEEL PIPE PILES
SECTION
3300 – STRUCTURAL CAST IN-PLACE CONCRETE
SECTION
5120 – STRUCTURAL AND MISCELLANEOUS METAL
SECTION
5130 – RUBBER FENDERING ELEMENTS
SECTION
6110 – TREATED TIMBERS AND LUMBER
SECTION
9900 – COATINGS
SECTION
16375 – ELECTRICAL WORK – EXTERIOR
BOND
ACKNOWLEDGEMENT
DRAWINGS BOUND SEPARATELY
DRAWING NOS.
M3C-8015-1 thru -9
M3C-8015-10 thru -18 (REFERENCE DRAWINGS)
Req. No. 054222
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Page 3 of 3
INVITATION TO BID
Board of Commissioners of the Port of New Orleans will receive sealed bids in the
Purchasing Department, 2nd floor, room 240, 1350 Port of New Orleans Place, New Orleans,
Louisiana 70130 on Friday, November 6, 2009, until 2 pm local time, for Requisition No.
054222
The work consists of furnishing all labor, material and equipment to perform southwest
dolphin, fender, handrail, timber pile cluster and shoreline repairs as per the drawings and
specifications provided in this bid document. The site is located at the Almonaster Avenue
Bridge over the Inner Harbor-Navigation Canal in New Orleans, Louisiana.
(Estimated Cost: $1,000,000 – $1,500,000).
All Bids must be in accordance with the Bidding Documents on file with the Port of New
Orleans.
Complete contract documents may be obtained at Contract Administration on the 2nd
floor, Room 203 at the above address upon a payment of a non-refundable fee of
$30 per set by check or money order only to the Board of Commissioners of the Port of
New Orleans. In accordance with LSA R.S. 38:2212 (A) (1) (e). Contract documents
may also be accessed at our Port Plan Room, Port of New Orleans Web Site at
www.portno.com under the “Doing Business with the Port” link.
If request for contract documents is made through U.S. mail or other delivery services, bidder
is requested to furnish a street mailing address and will be held responsible for service fees.
A pre-bid conference will be held on Friday, October 23, 2009, at 10 a.m. local time at the
site. Bidders are urged to attend.
Federal regulations require that persons seeking entry to secure areas of United States ports
must present a valid Transportation Workers Identification Credential (TWIC) card and must
maintain possession of the TWIC at all times in secure port areas.
Persons without the TWIC seeking entry to the below listed facilities of the Port of New
Orleans must be escorted into and remain in the presence of a person with a TWIC card in
order to attend pre-bid meetings on port property. Restricted areas include port property
between Felicity Street and Henry Clay Avenue, Alabo Street Wharf, Jourdan Road Wharf,
the Julia Street and Erato Street Cruise Terminals, and during cargo activities at Poland
Avenue Wharf and Governor Nicholls Street Wharf. See Section 1000 – General
Requirements.
Proposal forms will only be issued to those contractors complying with State Licensing Laws
for Contractors, LSA R.S. 37:2163. On any bid submitted in the amount of $50,000 or more
the Contractor must hold a valid license issued by the Louisiana Licensing Board for
Contractors. This project is classified as heavy construction.
Req. No. 054222
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Page 1 of 2
Objection to the required classification should be filed in accordance with Louisiana Revised
Statute LA R.S. 37:2163 as stated by the Louisiana State Licensing Board for Contractors.
Deposit of five percent (5%) of the bid by certified check, or cashier's check, or by bid bond is
required and the bidder to whom the contract is awarded shall also be required to furnish a
performance bond in the total amount of the bid. The bid bond must be furnished in
accordance with the requirements of LSA R.S. 38:2218 and the performance bond in
accordance with the provisions of LSA R.S. 38:2219.
Work in the amount of at least sixty percent (60%) of total amount of contract as awarded
shall be performed by Contractor at construction site, or within his own shop, plant, or yard
with his own employees.
The Board reserves the right afforded to it by Louisiana law to reject bids that do not conform
to the specifications as advertised or for any other reason in accordance with Louisiana law.
The Board, an equal opportunity public entity, invites and encourages minority-owned and
disadvantaged business companies to submit bids on its projects.
Hard copies of the contract documents are available for purchase. Electronic copies of the
contract documents are available to prospective bidders via our, Port Plan Room, Port of
New Orleans Web Site at www.portno.com. Contract documents may also be available via EMail to prospective bidders
For general information or for questions and requests for drawings please contact:
Fredrick (Fred) Brown, Manager of Contract Administration
Phone: (504) 528-3244
Email: [email protected]
Technical questions should be addressed to the following:
Ralph J. Eppehimer, P.E.
Phone: (504) 524-4344
E-mail: [email protected]
Randy P. Songy
Port of New Orleans
Phone: (504) 528-3502
These individuals are not authorized to and shall not render legal opinions or advice. No
information will be given regarding the proper evidence of corporate authority as required in
this bid. Each bidder is advised to consult his own counsel for such information.
Please be advised that these individuals are not the legal representatives of the Board.
Req. No. 054222
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Page 2 of 2
INSTRUCTIONS TO BIDDERS
BID FORM. The bid shall be submitted only on the BID FORM provided, fully filled in,
with no blanks, deletions, alterations or qualifications, and shall be signed by a duly
authorized officer of firm submitting bid, the name of which firm appears in the heading of bid
form.
The bid shall be sealed in an envelope, preferably the one furnished by Board.
Bidders' attention is directed to LSA R.S. 37:2163, which provides that on any bid submitted
in the amount of fifty thousand ($50,000) dollars or more the Bidder shall certify in his bid that
he is a licensed Contractor under the provisions of LSA R.S. 37:2163, and that he shall show
his license number on the envelope. For this project the Louisiana contractor must hold a
valid license issued by the Louisiana Licensing Board for Contractors.
SUBMITTAL OF BID. The bid, sealed in an envelope, shall be delivered to the office
of the Board's Purchasing Department, 2nd floor, room 240, 1350 Port of New Orleans Place,
New Orleans, Louisiana, mailing address P.O. Box 60046, Zip 70160. The submittal must be
made prior to the time stipulated in the project advertisement for receipt of sealed bids.
Bidders' attention is also directed to LSA R.S. 38:2212(A) et seq which provides that
all bids for either labor and materials or for materials alone, which are required by law to be
duly advertised, shall be hand delivered to the awarding authority with written receipt for
same given to the deliverer, or sent by registered or certified mail with return receipt
requested.
BID QUANTITIES. For all unit price contracts the quantities appearing in the bid
schedule are to be considered as approximate only, and are prepared for the evaluation of
bids. Payment to the successful Bidder will be made only for the actual quantities of work
performed and accepted by Board in accordance with the contract. The scheduled quantity
under each bid item may be increased, decreased, or deleted after award of contract in
accordance with the provisions of the contract documents.
PRICES QUOTED. Prices quoted shall be complete, so as to cover every cost,
expense, tax or charge incurred by the Contractor in performance of the contract, including
but not limited to any and all sales and use taxes payable by Contractor and which might
otherwise be charged against the Board. (Reference Article 47.)
Contractor's bid price shall include provisions for Contractor retaining possession of all
materials and equipment not specified to be salvaged for the Board and such materials and
equipment shall become the property of the Contractor for his use, salvage, disposal or sale.
All removals and disposals of regulated materials and/or materials containing regulated
substances must be in accordance with all local, state, and federal environmental and worker
safety (OSHA) regulations.
Whenever required under BID FORM, the Contractor shall quote the UNIT PRICE or
LUMP SUM by filling in the appropriate blank in the BID FORM. Prior to submission, the
Contractor shall complete the BID FORM by extending the UNIT PRICES using the
respective APPROXIMATE QUANTITIES, and/or by extending the LUMP SUMS. The
Contractor shall add the ITEMS TOTALS and write the sum in the TOTAL AMOUNT OF THE
Req. No. 054222
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BID blank. Following the opening of bids, the BID FORMS will be checked by the Board for
mathematical errors. In the event a discrepancy is found, the UNIT PRICE and LUMP SUM
shall govern over the ITEM TOTAL and TOTAL AMOUNT OF THE BID as entered on the
submitted BID FORM. In the event of such a discrepancy, the accurate summation of
corrected ITEM TOTALS shall constitute the TOTAL AMOUNT OF THE BID.
DEPOSIT WITH BID. Each bid shall be accompanied by the deposit of a certified
check, a cashier's check, or a bid bond of a corporate surety authorized to do business in the
State of Louisiana, for not less than the amount called for on the bid form, payable to the
Board of Commissioners of the Port of New Orleans as a guarantee that the bidder will, if
awarded the contract, enter into the notarial contract described below. If bid bond is
furnished, it must be accompanied by a Power of Attorney of surety. Requirements governing
current rating of surety company furnishing the bid bond shall be in accordance with the
requirements of LSA R. S. 38:2218. Deposits or bid bonds will be returned to unsuccessful
bidders soon after the award of the contract, and to the successful bidder when he has
signed the contract and has furnished performance bond. Should the successful bidder fail to
furnish the performance bond required, his deposit is to be forfeited to the Board as
ascertained and liquidated damages, or a claim shall be made against the surety on the bid
bond.
WITHDRAWAL OR REVISION OF BID. A Bidder may withdraw or revise a proposal
after it has been deposited with the Board provided the request for such withdrawal or
revision is received by the Board prior to the time set for opening of bids. Revised bid must
be submitted to Board prior to time set for public opening of bids.
Bids containing patently obvious, unintentional, and substantial mechanical, clerical, or
mathematical errors, or errors of unintentional omission of a substantial quantity of work,
labor, material, or services made directly in the compilation of the bid, may be withdrawn by a
bidder if clear and convincing sworn, written evidence of such errors is furnished to the public
entity within forty-eight hours of the bid opening excluding Saturdays, Sundays, and legal
holidays. Such errors must be clearly shown by objective evidence drawn from inspection of
the original work papers, documents, or materials used in the preparation of the bid sought to
be withdrawn. Otherwise, the bidder shall forfeit the bid bond or bid deposit.
A Contractor who attempts to withdraw a bid under the provisions stated above shall
not be allowed to resubmit a bid on the project. If the bid withdrawn is the lowest bid, the next
lowest bid may be accepted.
EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The Board
prepares and makes available to prospective bidders a complete set of contract documents
which will enable any competent Contractor to properly execute all work required on the
project.
PRE-BID CONFERENCE. A pre-bid conference will be held on Friday, October 23,
2009 at 10:00 a.m. local time at the site. Bidders are urged to attend.
Prior to submitting a proposal, bidders are expected to carefully examine these
contract documents in their entirety and to visit the site of the work, and to investigate
operations of the Board and others at the site, or in the vicinity, and conditions existing and
liable to exist during the time of the work, and their possible effect on receipt and storage of
Req. No. 054222
V-a
materials, difficulties in performing the work and rate of progress.
LICENSED CONTRACTORS. In all cases coming under LSA R.S. 37:2163, bids will
be considered only if they meet the requirements thereof, and the loan of the contract
documents or any part thereof to persons, firms or corporations other than those so qualified
under the law is for such general information as is needed by the said parties in relations
which they may have with this project.
Contractor shall certify that he is licensed under the provisions of LSA R.S. 37:2163 for
the classification stated in the Invitation to Bid and show his license number on the bid
envelope. Any bid in the amount of fifty thousand dollars or more that does not contain the
Contractor's certification and shown the Contractor's license number on the bid envelope
shall be automatically rejected, shall be returned to the bidder stamped "Rejected" and shall
not be read aloud.
INFORMALITIES. The bid must be submitted on the form furnished, completely filled
in, and signed by a duly authorized officer of firm submitting bid, the name of which firm
appears in the heading of bid form. The bid form must be furnished as issued, without any
removal, modification, or deletion to the form. Failure to comply with the foregoing
requirements or the introduction of other informalities such as alteration of specified time
schedule or completion dates, may be considered cause for rejection of bid. Failure to sign
the bid as hereinabove provided or failure to submit required bid security, including power of
attorney, with bid bond, will also constitute cause for rejection of bid.
NOTARIAL CONTRACT. The successful bidder shall, within the time stated in the bid,
be required to enter into a notarial contract with the Board, executed before a notary of the
Board's selection, in the City of New Orleans, LA., whose fee will be paid by the Board. The
contract will be on the form attached hereto, and in accordance with terms of the bid and all
other contract documents.
PERFORMANCE BOND. The bidder to whom the contract is awarded shall furnish a
bond in the total amount of the bid. The bond must meet the statutory requirements of LSA
R. S. 38:2219. The cost of any bond furnished by the Contractor shall be included in his bid.
This bond is to guarantee the prompt and proper performance by the Contractor of all
and singular the obligations assumed by the Contractor or imposed upon the Contractor by
this contract or by law. No other form of security may be substituted in lieu of a performance
bond. This bond on its face shall indicate that the person signing the bond on behalf of the
surety company (i) is a licensed agent in the State of Louisiana; (ii) resides in the State of
Louisiana; and (iii) is in good standing with the Louisiana Insurance Commission.
AFFIDAVIT. Pursuant to the provisions of LSA R.S. 38:2224, the successful bidder
will be required to execute an affidavit attesting that the public contract was not and will not
be secured through employment or payment of any solicitor.
ADDITIONAL INFORMATION. The bidder's attention is directed to the information
and requirements set forth in Article 50 of the specifications wherein a general description of
the work, the project site, conditions under which work is to be performed, and which are
expected to exist during the contract period are set forth. If, after studying the plans and
specifications and visiting the site, more detailed information is needed it may be obtained by
Req. No. 054222
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inquiry from the contacts listed in the Invitation to Bid.
Please be advised that with reference to Article 17 of the General Conditions, in those
instances when it is deemed necessary to provide uniformed, armed, fully commissioned
police officers to provide security or traffic control at the work site in the port area, the
members of this Board's Harbor Police Department have full police powers applicable in the
parishes of Orleans, Jefferson and St. Bernard, pursuant to commissions issued by this
Board (LRS 34:26), and are legally permitted, when not on Port duty, to take outside
assignments.
JOINT VENTURE CONTRACTS. In the event that a joint venture bid is submitted and
accepted, the contract shall be executed by authorized representatives of all parties of the
joint venture. One of the parties of the joint venture shall be designated and authorized to
represent all parties in said joint venture in the coordination and scheduling of the work, and
receipt of notices for work to be performed, together with all other correspondence. However,
it shall be specifically understood that such representation will in no manner relieve the other
parties to the joint venture of the responsibilities under all of the terms and conditions of the
contract.
The bid shall be signed by all parties of the joint venture, together with "Title in Firm" of
each.
All payments and billings under the contract will be in the name of the joint venture.
Under LSA R.S. 37:2163 (laws for the licensing of contractors), all parties of the joint
venture shall be properly licensed by the "Louisiana State Licensing Board for Contractors"
whenever the contract bid price is fifty thousand dollars ($50,000) or more.
AWARD OF CONTRACT. The Board will award the contract to the lowest responsible
bidder who has bid according to the contract documents as advertised. The right is reserved
to award contract as hereinabove provided or to reject all bids or to reject any bid or bids not
meeting the bid requirements. When an Alternate Bid is included in the Bid Form the Board
has the right to award either the lowest responsible Base Bid or the lowest responsible
Alternate Bid.
PREFERENCE IN LETTING CONTRACTS. Louisiana resident contractors shall be
granted preference over contractors domiciled in another state in accordance with the
provisions and requirements of LSA R.S. 38:2225.
MINORITY AND WOMEN BUSINESS ENTERPRISES. The Board adheres to the bid
laws and procurement regulations of the State of Louisiana. The Board strongly encourages
maximum participation in all bids by qualified Minority Business Enterprises. (Refer to Article
44B of the General condition.)
Req. No. 054222
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BIDDER'S CHECKLIST
A.
B.
Req. No. 054222
THE SEALED ENVELOPE
SHALL CONTAIN:
(PREFERABLY BOARD-FURNISHED)
1.
Completed Bid Form including signatures and State Contractor's
license number for a public works construction project if bid is
more than $50,000.
2.
Certified or cashier's check or bid bond (with power of attorney of
surety) in the amount of at least 5% of the total bid (largest bid if
more than a Base Bid is required).
3.
Acknowledge addendum or addenda on Bid Form.
4.
Evidence of authority of person who has signed the bid
to bind the legal entity submitting the bid.
THE SEALED BID ENVELOPE SHALL HAVE THE CONTRACTOR'S
LOUISIANA STATE CONTRACTOR'S LICENSE NUMBER FOR ANY
BID AMOUNTING TO $50,000 OR MORE; THE REQUISITION
NUMBER; BIDDER'S NAME; AND BID OPENING DATE WRITTEN ON
THE OUTSIDE OF THE ENVELOPE.
V-d
BID FORM
NOTE: This bid form is issued for receiving bids in conformity with La. R.S. 37:2163 (laws for
the licensing of Contractors). Consideration will be given to bids received only from Bidders
qualified thereunder. The furnishing of the Contract Documents to persons, firms, or
corporations, other than those so qualified under the law, is for information only.
We certify that we are currently licensed per the above NOTE as follows:
Bid of
License No. __________________________
Address
Classification _________________________
City _______________________________
__________________________
State
Zip _________________________________
Date
Telephone ___________________________
To:
Board of Commissioners, Port of New Orleans
Sirs:
We hereby propose to furnish under one contract all superintendence, labor, tools,
equipment, materials, transportation, and all other facilities and incidentals of every description,
to perform all work (except as may be otherwise specifically provided) required for southwest
dolphin, fender, handrail and timber cluster repairs together with all required miscellaneous and
incidental work. The site is located at the Almonaster Avenue Bridge over the Inner HarborNavigation Canal in New Orleans, Louisiana, all as more particularly described under Article 45
and Article 50 (b), in strict conformity therewith, and to the satisfaction of the Board for the
following prices listed opposite each bid item:
Req. No. 054222
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Bid Form – Page 1 of 4
ITEM
NO
DESCRIPTION
APPROXIMATE
QUANTITY
UNIT
PRICE
ITEM
TOTAL
1.
Mobilization
Lump
2.
Removal of Southwest
Fender Timber Piles
10
Each
3.
Southwest Fender
Replacement
Lump
Lump
4.
Southwest Dolphin
Replacement
Lump
Lump
5.
Timber Pile Clusters
Replacement
4
Each
$
Southwest Bridge Rail
Replacement
51
Lin. Ft.
$
7.
Clearing and Grubbing
Gouged Shoreline
Lump
Lump
$_________
8.
Furnish and Place
Riprap
Lump
Lump
$_________
9.
Bridge Rail
51
Lin. Ft.
6.
Lump
$
$ _________
__
$_________
per each
$_________
$_________
__
$_________
__
$_________
per each
lin. ft.
$
__
$_________
lin. ft.
TOTAL AMOUNT OF BID
(Sum of All Above Items)-------------------------- $________________________________
We agree that the description under the item (being briefly stated) implies, although it does
not necessarily mention, all incidentals, and that the prices stated are intended to be
complete and to cover all such work, materials and incidentals that constitute our obligations
as described in the specifications, with the foregoing price covering any and every detail not
specifically mentioned but evidently included in the contract. The price stated covers as well
every cost and expense incurred by us in the performance of the contemplated contract,
including, but not limited to, any and all sales and use taxes which might otherwise be
charged against the Board.
In accordance with the terms of the specifications and the general and special conditions
of the contract documents, especially Article 45 and Article 50, paragraph (f), we propose to
Req. No. 054222
VI
begin work at the project site within ten (10) calendar days after date set forth in Notice to
Proceed from the Board, and to complete all work within two hundred and forty (240)
consecutive calendar days after date in said Notice to Proceed, subject to the assessment of
ascertained and liquidated damages of one thousand dollars ($1,000.00) per calendar day of
delay.
We agree that we will perform work with our own organization to meet the requirements
of Article 46.
Upon request of the Board we agree to furnish, within two working days
thereafter, a list of work by classes that we will perform with our own organization, and the
percentage of the total work that each represents.
We deposit with this bid a certified or cashier's check in the amount of:
Dollar($
)
Alternatively, we deposit a bid bond, together with "Power of Attorney," written by a surety
company meeting all requirements stipulated under INSTRUCTION TO BIDDERS of these
documents, in the amount of:
Dollar($
or
).
percent of the total bid.
The bid deposit, as above, is at least five percent (5%) of the total bid and is a guarantee
that we will, within ten (10) calendar days after receipt of written notice from Board that award is
made to us, enter into a notarial contract with the Board as herein provided, and furnish
performance bond equal to the amount of contract, or otherwise forfeit the deposit as
ascertained, and liquidated damages. Said contract will be entered into the City of New
Orleans, at the office of the Notary Public selected by the Board, and whose fee will be paid by
the Board. Contract will be executed upon the attached standard forms.
The performance bond hereinabove stipulated will be written by:
____________________________________________________________________________
name of company
of _________________________________________________________________________
address of company
in full compliance with all requirements stipulated under INSTRUCTIONS TO BIDDERS of
these documents.
We agree that this bid shall be binding upon us, pending award of contract, for a period of fortyfive (45) calendar days after date of opening of bids.
Req. No. 054222
VI
We acknowledge that we have visited the site of the proposed work, have observed the
conditions and current operations of the Board and others in the area, and we confirm that we
have carefully read the INSTRUCTIONS TO BIDDERS and have complied with the conditions
therein.
We acknowledge and have signed receipt(s) for Addendum or Addenda as follows:
____________________________________________________________________________
(Bidders must fill in the above line with the Addendum No. of all Addenda received and
acknowledged.)
____________________________
(Bidder's Signature In Ink)
________________________________
(Title of Firm In Ink)
(Please supply a document showing person whose signature appears above is duly authorized
to sign both the bid and the contract if awarded.)
Req. No. 054222
VI
NON COLLUSION DECLARATION
A sworn statement shall be submitted in the form of an affidavit as indicated below, executed and sworn to by
the bidder before persons authorized by laws of the State to administer oaths. The original of such sworn
statement shall be submitted by the successful bidder after the Award of Contract.
Affidavit
State Project Number:
(if applicable)
Name of Project: ______________________________________________________________________
Parish:______________________________________________________________________________
(an individual)
(a partnership)
(a corporation)
certify that:
(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.
WITNESSES:
(an individual)
(a partnership)
(a corporation)
Signed ______________________________________
By __________________________________________
Title _________________________________________
Parish or county ______________________________________________________________________
State of _____________________________________________________________________________
Subscribed and sworn to before me this
day of
, 20
.
_________________________
NOTARY PUBLIC (signature)
_________________________
NOTARY PUBLIC (printed name)
______________________
NOTARY PUBLIC NUMBER
Req. No. 054222
__________________
EXPIRATION DATE
Non-Collusion Declaration
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
(i)
(a)
The Contract Documents consist of the Agreement, Table of Contents,
Invitation to Bid, Instructions to Bidders, the Bid, the General Conditions of the
Contract, and Special Conditions if any, the Letter of Award or Notice to
Proceed, the Specifications, Addenda if any, the Bond, and the Plans if any,
including all modifications thereof incorporated into the documents before their
execution, also all change orders and agreements that are required to
complete the construction of the work in an acceptable manner, including all
authorized extensions thereof. These form the contract.
(b)
Board and Contractor are those mentioned as such in the agreement.
(c)
Wherever in this contract the word "Engineer" is used, it shall be understood
as referring to the Owner acting personally or through the Manager of
Construction Service of Board, an assistant to said, consulting engineer or
architect duly authorized for such act by Engineer.
(d)
Any and all notices to be given by Board to Contractor under this contract shall
be deemed to be served if the same be delivered to the person in charge of
any office used by Contractor or to his superintendent, or, in their absence, to
a foreman at or near the work, or deposited in the post office, postpaid,
addressed to Contractor at his last known place of business.
(e)
The term "subcontractor" as employed herein, includes only those having a
direct contract with Contractor, and it includes one who furnishes material
worked to a special design according to the plans and specifications of this
work, but does not include one who merely furnishes material not so worked.
(f)
The term "work" of Contractor or subcontractor includes labor or materials or
both, equipment, transportation and other facilities, necessary to complete the
contract.
(g)
The words "plans" and "drawings" are used synonymously in this contract.
(h)
Wherever the singular masculine pronoun is used herein, as referring to
Contractor, it shall be construed to mean all genders, singular and plural,
according to the status of Contractor.
The term “project site” as employed herein, refers to staging area as shown on
drawings and/or described in herein.
ARTICLE 2 - INTENT OF DOCUMENTS
The contract documents are complementary, and what is called for by one shall be as
binding as if called for by all. The intention of the documents is to include all labor
and materials, equipment, transportation and other facilities, necessary for the proper
execution of the work. It is not intended, however, that materials or work not covered
Req. No. 054222
GENERAL CONDITIONS
Page 1 of 22
by or properly inferable from any heading, branch, class or trade of the specifications
shall be supplied unless distinctly so noted on the drawings. Materials or work
described in words which so applied have a well-known technical or trade meaning,
shall be held to refer to such recognized standards.
ARTICLE 2A - ORDER OF PRECEDENCE
Anything mentioned in the specifications and not shown on the Contract Drawings, or
shown on the Contract Drawings and not mentioned in the Specifications, shall be of
the like effect as if shown or mentioned in both. In case of conflict between Contract
Drawings and Specifications, the Contract Drawings shall govern and in any
differences in the said Specifications between the General Conditions and the
Special Conditions, the Special Conditions shall govern. The contractor shall abide by
the rules and statements set forth in the General Conditions and Special Conditions
of these Specifications.
ARTICLE 3 - DRAWINGS, SPECIFICATIONS AND INSTRUCTIONS
Unless otherwise provided in the contract documents, Board will furnish to
Contractor, free of charge, copies of drawings and specifications for the execution of
the work, up to a total of ten (10) sets. If Contractor obtains additional copies of
drawings and specifications, he will be charged, at cost, for all copies in excess of ten
(10) each.
Contractor shall keep at job site one copy of all drawings and specifications on the
work, in good order, available to Engineer and to his representatives.
Engineer shall furnish, with reasonable promptness, additional instructions, by means
of drawings or otherwise, necessary for the proper execution of the work. All such
drawings and instructions shall be consistent with the contract documents, true
developments thereof, and reasonably inferable therefrom.
If Contractor, in the course of the work, finds any condition different from that
designated in the specifications or on the plans, either in regard to work previously
existing or being performed by others, or finds any discrepancy between plans and
physical conditions of the locality, or errors or omissions on plans, or in the layout as
given by points and instructions, it shall be his duty to immediately inform Engineer
and confirm in writing, and Engineer will promptly correct or verify same. After
observing any such discrepancy, Contractor shall not proceed with any part of the
work which involves the discrepancy, and he shall neither start nor resume work
thereon until the condition has been corrected or until authorized to proceed by
Engineer. Any work by the Contractor without such correction or authorization, shall
be at its own risk and expense.
ARTICLE 4 - TIME LIMITS AND ORDER OF BEGINNING AND COMPLETION
Contractor shall begin and complete the work or specified portions of the work in
such order of time as stated in these contract documents, or in such other
supplementary order as may be necessary to conserve Board's interest and as may
be agreed upon by Board and Contractor.
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Immediately after the award of the contract, Contractor shall set aside or order all
necessary materials. He shall ready his equipment and forces and shall handle
preliminary details at once, and other details promptly as needed, so as to begin work
at the site when specified, as ordered in written notice from Engineer to do so; and he
shall proceed with the work to completion according to detailed requirements of these
contract documents, within the time stated in the bid form and as further explained in
the General Specifications as covered by ARTICLE 50.
ARTICLE 5 - ASCERTAINED AND LIQUIDATED DAMAGES
After expiration of the time or times for completion of the work, or separate phases of
the work, according to the contract, including all authorized extensions, and without
the necessity or formality of putting Contractor in default therefor, there shall be
assessed ascertained and liquidated damages, in the amount or amounts stated in
the bid, for each calendar day of delay in completing said work, or phases of the
work, substantially and satisfactorily in accordance with the plans and specifications.
ARTICLE 6 - BONUSES FOR EARLY COMPLETION
When stated in the bid and then only, Board will pay a bonus or bonuses to
Contractor for completion of all work prior to the time or times stated in the contract,
including all authorized extensions. The bonus or bonuses in the amount or amounts
stated in the bid will be paid for each calendar day of early completion of all work
when a single bonus applies, or (where the work is phased) of completion of the
respective phases of the work when more than one payment applies.
ARTICLE 7 - NIGHT, WEEKEND AND HOLIDAY WORK
No work shall be allowed to be performed at night, weekends, or on a legal holiday,
without due notification, in advance, by Contractor to Engineer.
ARTICLE 8 - DELAYS AND EXTENSION OF TIME
If Contractor be delayed at any time in the progress of the work by any act or neglect
of Board or of its employees, or by any other contractor employed by Board, or by
changes ordered in the work, or by strikes, lockouts, fire, unusual delay in
transportation, unavoidable casualties, or any causes beyond Contractor's control, or
by any cause which Engineer shall decide justifies the delay, then the time of
completion shall be extended for such reasonable time as Engineer may decide.
No such extension shall be made for delay occurring more than seven (7) days
before claim therefor is made in writing to Engineer. In the case of a continuing
cause of delay, only one claim is necessary.
If no schedule or agreement stating the dates upon which drawings shall be furnished
is made, then no claim for delay shall be allowed on account of failure to furnish
drawings, until two (2) weeks after demand for such drawings, and not then unless
such claims be reasonable in the opinion of Engineer.
This Article does not exclude the recovery of damages for delay by either party under
other provisions in the contract documents.
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ARTICLE 9 - CONTRACTOR'S UNDERSTANDING
It is understood that Contractor has, prior to submission of bid, satisfied himself as to
the nature and location of the work, the conformation of the ground, the type, quality
and quantity of the materials to be encountered, the type of equipment and the
facilities needed prior to and during the prosecution of the work, the general and local
conditions, and all other matters which might in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or employee of
Board, before, during, or after the execution of this contract, shall affect or modify the
terms or obligations herein contained.
ARTICLE 10 - MATERIALS, EQUIPMENT, APPLIANCES AND EMPLOYEES
Unless otherwise stipulated, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities necessary for
the execution and completion of the work.
Unless otherwise specified, all materials shall be new, and all workmanship,
equipment, materials and articles incorporated into the work covered by the contract
are to be of grade and quality consistent with other specified items and as indicated
by evidence satisfactory to Engineer.
When specified, required by standard specification made part of Board's
specifications, or requested by Engineer, Contractor shall submit certified copies of
records showing course of supply, mill certificates, quality control of production and
processing, or other evidence satisfactory to Engineer proving material quality.
Engineer has the right, at Board's cost, to do additional checking at source of supply
or manufacture, and at any time before, during or after delivery, and to reject
materials whenever non-compliance or defects are found.
Contractor shall be responsible for all materials received for this construction,
including materials furnished him by Board, and he shall take all necessary
precautions to protect same from loss and damage.
Construction equipment shall be adequate for job and specification requirements; any
alterations made in equipment shall be without added cost to Board except for
authorized changes in the work.
Contractor shall, at all times, enforce strict discipline and good order among his
employees, and shall not employ on the work any unfit person or anyone not qualified
to perform the work assigned to him.
If any person employed on the work shall refuse or neglect to obey the directions of
Contractor, or his duly authorized agents, as to workmanship, character of the work
or quality of materials, or if he is so incompetent, disorderly or unfaithful as to
interfere
with the proper fulfillment of this contract, he shall, upon the request of Engineer, be
at once discharged and not again employed on the work.
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ARTICLE 11 - EQUALITY
Whenever proprietary materials, equipment, machinery or other products are
specified, alternate materials, equipment, machinery or other products, of well known
manufacture, equal in every respect to those specified, may be used, when approved
in advance of their use, by Engineer. All substitutions shall be compatible with other
items required for the work, and equality with specified items shall be as determined
by Engineer, predicated upon the alternate item or items meeting all requirements
embodied in those specified. Every substitution, even though approved by Engineer,
shall remain the full responsibility of Contractor. All items shall be handled, applied or
installed in strict accordance with manufacturer's recommendations and instructions
and with these specifications.
All requests for substitutions shall be submitted in writing by Contractor, and
Engineer's decision will be rendered to Contractor in writing. All requests must be
accompanied by complete manufacturer’s literature, drawings if necessary, and
specifications, covering the properties and use of the item or items to be substituted.
If a potential Contractor or Supplier(s) wishes to submit for prior approval a particular
product other than a product specified in the Contract Documents, he shall do so no
later than seven working days prior to the opening of bids. Within three days,
exclusive of holidays and weekends, after receipt of said request, the Engineer shall
furnish to both the Board’s Engineering Department and the requesting party written
approval or denial of the product submitted.
ARTICLE 12 - REMOVAL OF IMPROPER MATERIAL
If Contractor shall bring or cause to be brought on the work materials which do not
conform to the requirements of the contract, Engineer shall order the same to be
removed forthwith, whether or not incorporated into the work, and in case of the
neglect or refusal of Contractor or those employed by him to remove such materials,
Engineer shall cause the same to be removed at the expense of Contractor and shall
deduct the cost of such removal and all other expenses incident thereto either from
the final or from any other estimate of the amount due to Contractor on this contract.
ARTICLE 13 - ROYALTIES AND PATENTS
Unless otherwise specified, Contractor shall pay all royalties and license fees. He
shall defend, at his own cost and risk, all suits or claims for infringement of any and
all patent rights and shall save Board harmless from all loss, claim, expense or
damage on account thereof.
ARTICLE 14 - CONNECTIONS WITH UTILITY SERVICES
Prior to any work being connected to receive service from any utility, whether owned
privately or publicly, all requirements of that utility shall be complied with by
Contractor, who shall be held responsible for determining the extent of such
requirements, and who shall pay all fees and charges involved, unless Board has
made other arrangements under the terms of this contract.
Req. No. 054222
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ARTICLE 15 - INSPECTION OF WORK AND CERTIFICATES OF APPROVAL
Engineer and his representatives shall at all times have access to the work in
preparation or progress for the purpose of inspecting the work regarding compliance
with the plans and specifications, and Contractor shall provide proper facilities for
such access and for inspection. The presence or absence of Engineer or his
representative does not relieve in any degree the responsibility or obligation of
Contractor.
If the specifications, Engineer's instructions, laws, ordinances, or any public authority
require any work to be specially tested or approved, Contractor shall give Engineer
timely notice of its readiness for inspection, and if the inspection is by an authority
other than Engineer, of the date fixed for such inspection. If any work should be
covered up without approval or consent of Engineer, it must, if required by Engineer,
be uncovered for examination at Contractor's expense.
All tests and inspections of electrical installations and of water lines shall be made,
and other requirements of authorities having jurisdiction shall be met before
acceptance of the work by the Engineer.
Contractor shall remove, rebuild and make good at his own cost all work which is
found to be defectively executed, or otherwise not in conformity with contract
requirements, including repair or replacement of materials or other property of Board
injured or destroyed by him. Failure to condemn work at the time of its construction
shall not be construed as an acceptance of defective work. If any doubt exists as to
quality of workmanship of such work, Contractor must, on order of Engineer, remove
or expose such work for examination. Upon such examination, if the work is found to
be imperfect, or otherwise not in conformity with the requirements of the contract, it
must be corrected by Contractor at his sole cost, risk and expense; if, however, such
work is found to be satisfactory upon such inspection, the actual cost of removing and
replacing, plus an allowance for overhead and profit on a percentage basis, as
provided in ARTICLE 43, shall be paid to Contractor by Board (except when the work
was covered up without approval or consent of Engineer and was ordered to be
uncovered by Contractor, as aforesaid).
ARTICLE 16 - PERMITS AND REGULATIONS
All permits of a temporary nature and licenses of a temporary nature necessary for
the prosecution of the work shall be secured and paid for by Contractor. The
Contractor shall obtain a permit from, and follow the procedures of, the New Orleans
Sewerage and Water Board (SW&B) for all plumbing work on Board property which
connects into SW&B’s municipal potable water supply or discharges into the
municipal sewerage system.
The Board will obtain permits and/or letters of no objection from governmental
agencies for the permanent work including those from the Corps of Engineers,
Orleans Levee Board, LADOTD, LADNR, LADEQ, U. S. Coast Guard, etc. and
railroad companies as applicable. A City of New Orleans building permit is not
required. Contractor shall comply with the City of New Orleans Municipal Code,
Chapter 42A “Community Noise Control” regarding noise from pile driving and other
construction operations.
Req. No. 054222
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Contractor shall give all notices and shall comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work. If Contractor observes that the
drawings or specifications, or both, are at variance with laws and regulations, he
shall promptly notify Engineer in writing, and any necessary changes shall be
adjusted as provided in the contract for changes in the work. After the discovery of
any such variance, Contractor shall not proceed with any part of the work thereby
affected, and he shall neither start nor resume work thereon until the variance has
been removed by Engineer and Contractor notified in writing of the removal.
Contractor, his employees, and all engaged in the prosecution of this work shall be
legally qualified for engaging in public work.
ARTICLE 17 - PROTECTION OF WORK AND PROPERTY
Contractor shall provide and maintain all necessary flagmen, watchmen, barricades,
warning lights, signs and other suitable protective devices, together with marking
buoys and other navigational aids, as required, and shall take all other necessary
precautions for the protection and safety of the work and the public against personal
injury (including death) and property damage. He shall continuously maintain
adequate protection of all work from damage, and shall take all reasonable
precautions to protect the Board's properties from damage or loss arising in
connection with this contract. He shall make good any and all damage, injury or loss
resulting from his failure to provide such necessary protective precautions, except
such as may be directly due to, or caused by agents or employees of the Board. He
shall adequately protect adjacent private and public property.
In an emergency affecting the safety of life, of the work, or of adjoining property,
Contractor is, without special instructions or authorization from Engineer, hereby
required to immediately take all necessary measures to prevent such threatened
damage, loss or injury.
The responsibility of Contractor under this Article shall continue until final written
acceptance of the project by Engineer, except as to those portions of the work for
which Engineer has issued to Contractor a certificate of completion in accordance
with ARTICLE 25, or when areas of partially completed construction are taken over
for an interim period, as provided in ARTICLE 25.
ARTICLE 18 - SUPERINTENDENCE AND SUPERVISION
Contractor shall keep on the site of the work project, at all times during its progress, a
competent superintendent and any necessary assistants, all satisfactory to Engineer.
Said superintendent shall have full authority from Contractor to carry out all orders
given by Engineer, and shall exercise active supervision of all work performed under
this contract, including work subcontracted, and shall not be transferred from this
project to other work (even partially) without the approval of Engineer. Directions
shall be confirmed in writing upon written request in each case. Contractor shall give
efficient supervision to work, using his best skill and attention. During the
construction and maintenance period of the work of this contract, all orders given by
Engineer or his representatives to the manager, superintendent, or foreman of
Req. No. 054222
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Contractor, in the absence of Contractor, shall have the same force and effect as
given to Contractor.
Neither party shall employ or hire any employee of the other party without the other
party's consent.
ARTICLE 19 - CHANGES IN THE WORK
Engineer shall have the right to make alterations in the quantity, lines, grades, plans,
details or dimensions of the work herein contemplated, either before or after the
commencement of the work and without notice to Surety, but subject to adjustment in
payments as provided under ARTICLE 43. If such alterations diminish the quantity of
work to be done, they shall not constitute a claim for damages for anticipated profits
for the work dispensed with, but when the reduction in amount is a material part of
the work contemplated, Contractor shall be entitled to compensation, as determined
by Engineer, for overhead and equipment charges which he may have incurred in
expectation of the quantity of work originally estimated, unless otherwise specifically
provided herein; if such alterations increase the amount of work, the increase shall be
paid for according to the quantity of work actually done and at the price established
for such work under this contract. If, however, the character of the work or the unit
costs thereof are materially changed, an allowance shall be made on such basis as
may have been agreed to in advance of the performance of the work, or in case no
such basis has been previously agreed upon, then an allowance shall be made,
either for or against Contractor, in such amount as Engineer may determine to be fair
and equitable.
This Article is understood as providing for alterations that do not decrease the total
sum to be paid under the contract by more than twenty-five percent (25%) nor
increase said sum by more than fifty percent (50%).
ARTICLE 20 - SUSPENSION OF WORK
Board may at any time suspend the work, or any part thereof, giving notice to
Contractor in writing specifying the date work is to be suspended. The work shall be
resumed by Contractor within ten (10) calendar days after the date fixed to resume
work in the said written notice, or in a supplementary written notice, from Board to
Contractor.
Board shall reimburse Contractor for reasonable expense incurred by Contractor in
connection with the work under this contract as a result of such suspension, the
amount of such reasonable expense to be approved by the Engineer, unless such
suspension is ordered to secure compliance with the terms of this contract.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid,
and if Board does not give notice in writing to Contractor to resume work at a date
within ninety (90) calendar days of the date fixed in written notice to suspend, then
Contractor may abandon that portion of the work so suspended, provided that
Contractor shall have given Board thirty (30) calendar days written notice of such
intent prior to the termination of the said ninety (90) calendar day period, unless such
suspension had been ordered to secure compliance with the terms of this contract.
Contractor will be entitled to the estimates and payments, if any be due, and as
determined by Engineer, for all completed portions of the work so abandoned.
Req. No. 054222
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ARTICLE 21 - BOARD'S RIGHT TO DO WORK
If it shall appear to Engineer that the progress of any portion of the work is not
sufficient to insure satisfactory completion of the contract within the time herein
designated, or within any additional time which may have been granted, or that any
portion of the work is not executed or is not being executed in compliance with the
specifications or plans, then Engineer shall notify Contractor in writing to remove all
cause of complaint within the time specified in such notice. If Contractor fails so to
do, Engineer may proceed to complete such portion of the work in such manner as
he may determine. All cost of such work shall be deducted from any money due, or
which may become due, to Contractor under this contract.
ARTICLE 22 - BOARD'S RIGHT TO TERMINATE CONTRACT
If Contractor should become insolvent, or be adjudged bankrupt, or if he should make
a general assignment for the benefit of his creditors, or if, being a corporation, a
receiver should be appointed for Contractor, or if he should persistently or repeatedly
refuse or fail, except in cases for which extension of time is provided, to supply
enough properly skilled workmen or proper materials, or if he should fail to make
prompt payment to subcontractors or for material or labor, or persistently disregard
laws or ordinances or the instructions of Engineer, or should cease operations under
this contract at any time for more than ten (10) calendar days, or otherwise be guilty
of a substantial violation of any provision of the contract, then Board, upon the
certificate of Engineer that sufficient cause exists to justify such action, may without
prejudice to any other right or remedy and after giving Contractor and his Surety
seven (7) calendar days written notice, take possession of the premises and of all
materials, tools and appliances thereon, and finish the work by whatever method it
may deem expedient. In such case, Contractor shall not be entitled to receive any
further payment until the work is finished. If the unpaid balance of the contract price
shall exceed the expense of finishing the work, including compensation for additional
managerial and administrative services, such excess shall be paid to Contractor. If
such expense shall exceed such unpaid balance, Contractor and Surety shall pay the
difference to Board. The expense incurred by Board, as herein provided, and the
damage incurred through Contractor's default, shall be certified by Engineer.
ARTICLE 22-A - BOARD'S RIGHT TO TERMINATE CONTRACT FOR ITS
CONVENIENCE
The Board, by written notice, may terminate this contract in whole or in part when it is
in the interest and for the convenience of the Board. Any such termination shall be
effected by delivery to the Contractor of a Notice of Termination specifying the extent
to which performance of work under this contract is terminated and the date on which
the termination is effective.
After receipt of a Notice of Termination, the Contractor shall:
(1)
Stop work immediately;
(2)
Place no further orders for materials or services;
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(3)
Settle any outstanding liabilities arising out of the termination of subcontracts
with the approval of the Engineer:
(4)
Turn over to Board, if directed by the Engineer, fabricated or unfabricated
parts, supplies, and other materials produced or acquired in connection with
the contract so terminated;
(5)
Complete whatever portion of the work in progress as shall not have been
terminated.
The Contractor and the Board may agree upon the amount to be paid the Contractor
because of the termination pursuant to this clause, which amount may include a
reasonable allowance for profit on work done. The contract shall be amended
accordingly and the Contractor paid the agreed amount upon certification by the
Engineer.
ARTICLE 23 - CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work should be stopped under an order of any court or public authority, for a
period of ninety (90) calendar days, through no act or fault of Contractor or of anyone
employed by him, or, except as provided in ARTICLE 42, if Engineer should fail to
issue any estimate for payment within sixty (60) calendar days after it is due, or if
Board shall fail to pay to Contractor within a reasonable time any sum certified by
Engineer, then Contractor may, upon seven (7) calendar days written notice to Board
and Engineer, stop work or terminate this contract and recover from Board payment
for all work executed and any loss sustained.
ARTICLE 24 - REMOVAL OF EQUIPMENT
In case of termination of this contract before completion from any cause whatsoever,
Contractor, if notified to do so by Board, shall promptly remove any part or all of his
equipment and supplies from the property of Board. Should Contractor fail to make
such removals, Board shall have the right to remove all such equipment and supplies
at the expense of Contractor.
ARTICLE 25 - USE OF COMPLETED WORK PRIOR TO FINAL ACCEPTANCE
Without in any way invalidating this contract, Board shall have the right to take
possession of and to use any portion of the work at any time, as hereinafter provided.
If, at any time, any portion of the permanent construction has been substantially and
satisfactorily completed in accordance with the plans and specifications, and if
Engineer determines that such portion of the permanent construction is not required
for the operations of Contractor, but is needed by Board, Engineer shall issue to
Contractor a certificate of completion for such portion, and thereupon or at any time
thereafter Board may take over and use said portion of the permanent construction
described in such certificate, and may exclude Contractor therefrom.
When all of the work has been substantially and satisfactorily completed in
accordance with the plans and specifications, Engineer may issue to Contractor a
certificate of completion, and thereupon or at any time thereafter Board may take
Req. No. 054222
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over and use the work and may exclude Contractor therefrom. At the time of such
takeover and until the contract is formally accepted by the Board as complete, and
during such further periods thereafter as any payment provided for under the contract
shall remain unpaid by the Board, the insurance coverage shall continue but only to
the extent of the amount remaining unpaid.
If at any time, it is determined by Board that the interim use by Board of parts of
staging area is necessary as a temporary measure, Engineer shall issue a written
notice to Contractor stipulating this need and thereupon, or at any time thereafter,
Board may take over and use such area as described in said notice, and may
exclude Contractor therefrom. Such area taken over by Board for interim use shall
be returned to custody of Contractor for completion of construction upon termination
of Board's need for the area. The entire area used shall be returned to Contractor in
its original condition, otherwise Board will be fully responsible for all expense incurred
in restoring said area to such original condition.
When completed portions of permanent construction are taken over by Board, or
when parts of staging area are taken over for an interim period, then in both cases
Contractor's obligation as stipulated under ARTICLE 17 of these documents shall
immediately cease within the stipulated areas of Board use, until such time as Board
returns such parts of staging areas to the custody of Contractor.
The guarantee period provided in ARTICLE 30 for all work satisfactorily completed in
areas taken over by Board for permanent use shall begin at time of issuance by
Board to Contractor of certificate of completion of such areas.
Contractor's performance bond may be reduced at time of issue by Board of
certificate of completion for a completed area of the work. The amount of such
reduction shall be equal to the contract bid price value of the work covered in the
certificate of completion, provided that the performance bond shall never be reduced
to less than fifty percent (50%) of the contract amount. If such prior use increases the
cost of or delays the work, Contractor shall be entitled to extra compensation, or
extension of time, or both, as determined by Engineer.
ARTICLE 26 - WARRANTY
Contractor warrants to Board that the Work under this Contract shall be as specified
by the Contract Documents and new unless otherwise required or permitted by the
Contract Documents and that the Work will be free from defects. Work not
conforming to these requirements, including substitutions not properly approved and
authorized, shall be considered defective. Contractor’s warranty excludes remedy for
damage or defect caused by abuse, improper or insufficient maintenance, improper
operation, normal wear and tear and normal usage.
In addition to any other obligations herein or at law, if, within one year after the date
of Substantial Completion of the Work or any designated portion thereof, or for any
longer period pursuant to the terms of any applicable discrete warranty required by
the Contract Documents, any part of the Work is found not to be in accordance with
the requirements of the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from Board to do so. Board shall not be required to provide
notice or allow Contractor an opportunity to repair if Board reasonably believes that
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the delays associated with such notification and repair by Contractor may adversely
affect Board’s interests. If Contractor fails to correct nonconforming work within a
reasonable time after receipt of notice from Board, or if Board determines that delays
associated with notice and Contractor’s repair may adversely affect Board’s interest,
then Board may correct or have the defective or non-conforming work corrected at
Contractor’s expense. If later inspection demonstrates that the defect or failure was
not covered by the manufacturer’s warranty, nor attributable to defective
workmanship of the Contractor, the cost of repairs or replacements will be for Board’s
account.
Nothing contained in this Article 26 shall be construed to establish a period of
limitation with respect to other obligations which Contractor might have under the
Contract Documents or at law. Establishment of a period for correction of Work
relates only to the specific obligation of Contractor to correct such Work and has no
relationship to the time within which the obligation to comply with the Contract
Documents may be sought to be enforced, to the time within which Board may
pursue a claim against Contractor for correcting defective or non-conforming work,
nor to the time within which legal proceedings may be commenced to establish
Contractor’s liability with respect to Contractor’s obligations other than specifically to
correct the work.
ARTICLE 27 - INDEMNITY
Contractor shall protect, defend, indemnify, and keep, save, and hold harmless the
Board from any and all loses, costs, claims, damages, demands, attorney’s fees,
expenses, penalties , fines, suits and actions of any kind and nature arising out of any
accident or any occurrence, negligent or otherwise, including environmental liability,
causing injury including death, to any person or persons or damage to property,
directly or indirectly caused by, resulting from, or growing out of the performance of
his obligations under this contract, whether caused by his affiliates, his subsidiaries or
his employees, servants, agents, representatives or subcontractors, including such
as may be imposed for the violation of any law, ordinance, or regulation (federal,
state or local); and Contractor shall defend and indemnify the Board from and against
any and all costs and expenses in connection with the foregoing, including court
costs, related litigation expenses, and reasonable attorney’s fees that may be
incurred by the Board, provided however, that nothing herein shall be construed as
indemnifying the Board against its own negligence or that of its officers, agents,
servants, or employees when such negligence (as determined by final judgement of a
court of competent jurisdiction) is the direct cause of such loss, damage, injury or
death and when there is no negligence on Contractor’s part which is a contributing
cause of such loss, damage, injury or death. Furthermore, Contractor shall be liable
for attorney’s fees and costs incurred by the Board if it must file suit or retain counsel
to enforce the terms of this indemnity. The Board shall notify Contractor of any claim,
demand, suit or other action brought or raised against the Board for which Contractor
may be liable as stated above. The provisions of this indemnity shall survive this
Contractor and are intended to be severable. If any term or provision should be
determined invalid or unenforceable for any reason, that invalidity or unenforceability
shall not affect the validity or enforceability of the remainder of the terms of this
indemnity.
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ARTICLE 28 - BOARD'S INSURANCE
Board may, at its option and at its expense, procure and maintain such insurance as
will protect it from its contingent liability for damages for personal injury, including
death, which may arise from operations under this contract.
ARTICLE 28A - FORCE MAJEURE
Contractor shall not be in default in the performance of any obligation undertaken on
this Contract if performance is rendered impossible or delayed because of any Force
Majeure, but for no longer time period. As used in this contract, Force Majeure shall
include but not be limited to acts of God, lightning, earthquakes, hurricanes, strikes,
fires, storms, epidemics, riots, labor disputes, civil insurrections, wars acts of
terrorism, or any other cause not within the reasonable control of the Contractor and
occurring without its fault. Any delay caused by such a Force Majeure shall not be
recognized unless Contractor notifies the Board in writing within ten working days
after the occurrence of the Force Majeure. Contractor shall use commercially
reasonable efforts to remedy the effects of the Force Majeure with all due diligence.
Neither economic impracticality nor the inability of the Contractor to perform in whole
or in part for economic reasons shall be considered loss under this Article.
ARTICLE 29 - UNPAID WAGES
Whenever, in the opinion of Engineer, it may be necessary for the progress of the
work to secure to any of the employees engaged in the work under this contract any
wages which may be then due them, Board is hereby authorized to pay the
employees the amount due them or any lesser amount, and the amount so paid
them, as shown by their receipts, shall be deducted from any moneys that may be or
become payable to Contractor.
ARTICLE 30 - PERFORMANCE BOND AND CONTINUING OBLIGATIONS
Contractor shall furnish a good and solvent bond either in the form attached hereto
and forming part of this contract or on a form acceptable to Board to insure prompt
and proper performance of all of the objectives imposed on Contractor under the
contract in an amount equal to the total amount of the contract, except as provided
under La. R.S. 38:2216(C). The bond shall be cancelled and the surety released only
in accordance with the provisions of law and of this contract.
Under the bond and as a guarantee against faulty materials or workmanship and the
negligence of Contractor, the responsibility of Contractor and Surety shall continue as
provided by law after a certificate of completion of work has been issued by Board to
contractor as provided in ARTICLE 25 hereof or after final acceptance when no
certificate of completion is given. Consistent with its obligations arising under this
Contract and the Public Works Act., La. R.S. 38:2211 et seq., Contractor shall, at its
expense, remedy any and all defects which appear after issuance of certificate of
completion (with respect to the particular portion of the work affected if certificate of
completion was issued for that portion separately from the whole of the work) or after
final acceptance as the case may be, and Contractor shall replace defective materials
and equipment and shall pay for all damage to other work resulting therefrom. Board
shall give notice to Contractor of any and all observed defects with reasonable
promptness.”
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ARTICLE 31 - CLAIMS BY CONTRACTOR FOR ADJUSTMENT; DISPUTES
Should Contractor be of the opinion, at any time, that additional compensation is due
him for work or materials not clearly covered in this contract or not previously ordered
by Engineer as extra work, as defined herein, Contractor shall notify Engineer in
writing of his intention to make claim for such additional compensation before he
begins the work on which he bases the claim. If such notification is not given and
Engineer is not afforded proper facilities by Contractor for keeping strict account of
actual cost as required, then Contractor shall thereby automatically forfeit his right to
such additional compensation.
Such notice by Contractor and the fact that Engineer has kept account of the cost as
aforesaid shall not in any way be construed as proving or substantiating the validity of
the claim. If the claim, after consideration by Engineer, is found to be just, it will be
paid for as extra work in accordance with ARTICLE 43. Nothing in this Article shall
be construed as establishing any claim contrary to the terms of ARTICLE 19.
Except as provided above in this Article, should Contractor be of the opinion, at any
time, that he has sustained damage or has incurred additional costs, for which he
may be due compensation under this contract, he shall, within thirty (30) calendar
days after sustaining, or after ascertaining the probable existence of, such damage,
make a written statement to Engineer of the nature of the damage claimed. Engineer
shall thereupon render a decision in the matter.
ARTICLE 32 - TEMPORARY WORK AND STORAGE AREAS
Contractor shall provide such temporary construction facilities and areas as are
required for execution of the work and storage of his equipment and material,
together with means of access to same, all at Contractor's cost, except as may be
otherwise provided in the Special Conditions of this contract or by written advice of
Engineer.
ARTICLE 33 - ASSIGNMENT
Contractor shall not assign this contract or subcontract it as a whole or contrary to the
provisions of ARTICLE 46, without the prior written consent of Board, and only when
Engineer of Board determines that it would be to the advantage of the Board.
ARTICLE 34 - RIGHTS OF VARIOUS INTERESTS
Wherever work being done by Board's forces or by other contractors is contiguous to
work covered by this contract, the respective rights of the various interests involved
shall be established by Engineer.
ARTICLE 35 - WORK UNDER SEPARATE CONTRACTS AND BY BOARD'S FORCES
Board reserves the right to let other contracts in connection with this work, and to do
additional work at the site with its own forces. Contractor shall afford other
Contractors and Board's forces reasonable opportunity for the introduction and
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storage of their materials and the execution of their work, and shall properly connect
and coordinate his work with theirs.
If any part of Contractor's work depends for proper execution or results upon the work
of any other party, Contractor shall inspect and promptly report to Engineer any and
all defects in such work that render it unsuitable for such proper execution and
results. His failure to inspect and report shall constitute an acceptance of the other
party's work as fit and proper for the reception of his work except as to defects which
may develop in the other party's work after the execution of his work.
ARTICLE 36 - SUBCONTRACTORS
Contractor shall, as soon as practicable after the signing of the contract, notify
Engineer in writing of the names of subcontractors proposed for the work and shall
not employ any that Engineer may, within ten (10) calendar days, object to as
incompetent or unfit because of unsatisfactory previous performance on contracts for
Board or for others. Such unsatisfactory performance will constitute the only cause
for rejection by Engineer of a subcontractor proposed by Contractor for employment
on the project except that sub-contractors performing work valued at $50,000 or more
shall be licensed in accordance with L.A. R.S. 37:2163.
Contractor shall be fully responsible to Board for the acts and omissions of his
subcontractors and of persons either directly employed by them, as he is for the acts
and omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation
between any subcontractor and Board.
ARTICLE 37 - SURVEYS, ALIGNMENT, BENCH MARKS AND ENGINEER'S CHECKS
When, in the opinion of Engineer, a property boundary survey is necessary for the
proper conduct of the work, Board will furnish such survey at its expense, unless
specifically provided otherwise in contract documents.
When needed, Board will also establish, on or adjacent to the site of the work, a base
line with starting point thereon, and one or two bench marks, but Contractor shall be
responsible for making, with his own engineers, all other measurements required in
laying out and controlling his work.
Contractor shall carefully preserve Board's bench marks, reference points and
stakes, and in case of willful or careless destruction he shall be charged with the
expense of restoring them, and Contractor shall be responsible for any and all
mistakes that may be caused by their unnecessary loss or disturbance.
At his discretion, Engineer may check Contractor's work for proper alignment and
grade at any time, but the making of such check or checks shall not be assumed
either to establish a precedent requiring similar checking by Engineer at any other
time, or to relieve Contractor from full responsibility for the correctness of his work.
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ARTICLE 38 - ENGINEER'S STATUS
Engineer shall represent the Board in the execution of all work under the contract and
he may perform technical inspection of the work as, at his discretion, is necessary in
the best interest of the Board. He has authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of this contract. He shall
also have authority to reject all work and materials which do not conform to this
contract. He shall verify and approve amount, quantity or classification of work or
materials for which Board will make payment to Contractor.
ARTICLE 39 - ENGINEER'S DECISIONS
Engineer shall, within a reasonable time after their presentation to him, make
decisions on all claims of the Board or the Contractor. He shall render decisions on
all other matters relating to the execution and progress of the work or the
interpretation of the contract documents, whenever such decisions are necessary for
the proper conduct of the work. Should the Contractor disagree with the decision
made by an Engineer's assistant or consultant he shall request an Engineer's
decision. All decisions of Engineer, when so requested, shall be rendered in writing.
Except as provided under Article 40, Engineer's decision in all matters under his
jurisdiction shall be accepted as final and conclusive.
ARTICLE 40 - REVIEW OF DECISIONS
Should Contractor object to any decision, other than as to technical engineering
questions, rendered by Engineer, Contractor may appeal, in writing, to Board for a
review of such decision. Within thirty (30) calendar days after receipt of such
appeal, Board shall afford opportunity to Contractor to appear before it or before any
committee or any executive designated by Board, for the purpose of a hearing on the
objections previously submitted in writing. The decision of Board on such appeal
shall be final and conclusive, subject however to Contractor's option to appeal any
adverse decision to a court of competent jurisdiction as provided by applicable law.
ARTICLE 41 - FINAL CLEANING UP
Contractor shall, after completion of the work, and prior to final inspection and
acceptance by Board, remove and satisfactorily dispose of all temporary structures,
false work, debris, tools, equipment and materials left over and not incorporated into
the work, except that valuable surplus materials furnished by Board and materials
furnished by Board and designated to be salvaged shall be delivered by Contractor to
a designated Board storage area within the Port. The site of the work shall always be
left in a clean, well drained condition, with the work itself in a finished, complete and
satisfactory state. Building floors, decks, paved areas and similar finished surfaces
shall be left broom clean.
ARTICLE 42 - PAYMENTS WITHHELD AND DEDUCTIONS
Board may withhold or, on account of subsequently discovered evidence, nullify the
whole or a part of any certificate to such an extent as may be necessary to protect
itself from loss on account of:
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(a)
Defective work not remedied.
(b)
Claims filed against Contractor or reasonable evidence indicating probable
filing of claims.
(c)
Failure of Contractor to make payments promptly to subcontractors or for
material or labor. Contractor shall furnish full and satisfactory evidence, when
called upon by Board, that all persons having done work or furnished materials
hereunder, and for which Board may be liable, or for which a lien has been or
might be filed, shall have been paid or satisfactorily secured.
(d)
A reasonable doubt that the contract can be completed for the balance then
unpaid.
(e)
Damage to another contractor.
When the above grounds are removed, payments shall be made for amounts
withheld because of them.
If Engineer deems it inexpedient to correct work injured or done not in accordance
with the Contract, an equitable deduction from the contract price shall be made
therefor.
ARTICLE 43 - EXTRA WORK AND PAYMENT THEREFORE
When Contractor is directed to perform work, including furnishing of materials as
required, which is neither shown on the drawings nor reasonably implied elsewhere in
the contract documents, and for which no price has been named in the agreement for
work or materials of like character, such items shall be considered as extra work, and
shall be performed by Contractor to the satisfaction of Engineer.
Extra payment will positively not be made for materials or work indicated in the
contract documents, or which can be predetermined from careful pre-bid examination
by Contractor, nor for miscellaneous and incidental materials and work required for
repairs and replacements.
Payment for extra work, including materials, will not be allowed unless approved in
advance, in writing, by Engineer.
Terms of payment for extra work will be the same as for work stipulated in the
agreement.
The value of all such extra work, or change, for which full payment is to be made,
shall be determined by the unit prices named in the contract, if unit prices are named
and if the scope of the work is not altered beyond the limits established by ARTICLE
19; otherwise said value shall be determined through mutual agreement by one or
more of the following methods:
(a)
By estimate and acceptance in a lump sum. The estimate shall be fully
documented and itemized as to costs, including material quantities, material
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costs, taxes, insurance, employee benefits, other related costs, plus an
allowance for profit and overhead on a percentage basis as hereinafter
provided.
(b)
By unit prices subsequently agreed upon. Such unit prices shall be fully
documented and itemized as to costs, including material quantities, material
costs, taxes, insurance, employee benefits, other related costs, plus an
allowance for profit and overhead on a percentage basis as hereinafter
provided.
(c)
By actual cost, plus an allowance for overhead and profit on a percentage
basis as hereinafter provided.
Method (c) will be used only when Methods (a) or (b) are not practical or not in
the best interest of Board. If method (c) is agreed on, Contractor shall keep an
accurate account of his actual costs, as defined below, together with
supporting invoices and payroll records, and shall present them in such form
as Engineer may direct. Actual reimbursable costs for extra work shall include
the incurred costs of actual labor and materials charges. Labor charges shall
include actual payroll cost of labor, mechanics and foremen used on the extra
work, together with those additional expenses directly based on payroll, such
as workers' compensation insurance, social security, payroll taxes, welfare and
other fringe benefits. No part of the time of supervisory, engineering, clerical
or general utility employees, nor of executive personnel, not previously and
regularly assigned to the project, shall be included in the payroll charges for
extra work unless their employment is used solely on the extra work and is
authorized in advance, in writing, by Engineer. Cost of materials shall include
actual net invoice amounts, after allowance for trade discounts, together with
other incidental costs such as freight and transportation charges, sales and
use taxes. Cost of all manual hand tools together with mechanically,
electrically or pneumatically operated hand tools with manufacturer's power
rating not exceeding two (2) horsepower will be considered as part of the
charge included in the provision for overhead. All hand tools in excess of two
(2) horsepower rating will be paid for at rental rates not in excess of those
current and prevailing in the New Orleans area.
Large construction equipment shall be paid for during time when used
exclusively on extra work and at rental rates not in excess of those shown in
the "Compilation of Rental Rates for Construction Equipment," latest revision,
prepared by Associated Equipment Distributors, 30 East Cedar Street,
Chicago Illinois, and subject to approval by Engineer. In the absence of a
listing of such equipment in the foregoing publication, charges for such
unlisted equipment shall be agreed upon in advance and confirmed in writing
by Engineer. The rental rates shall be the lowest applicable to the period
during which they are in use. Taxes, if any, applicable to rental shall be
added. The foregoing charges shall be understood to include all overhead and
profit on such large equipment. If such large equipment is transported to and
from the job site solely for the extra work, usual charges, if any, as approved
as aforesaid, shall be added for handling to and from said job site. Fuel and
lubricants furnished by Contractor and used in operations solely for extra work
shall be added to the foregoing at actual delivered prices paid for them.
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The wages of operators for large equipment for periods of extra work shall be
carried in the labor payroll for such work and excluded from the rentals of
equipment. All rental equipment shall be in first class condition when delivered
to site. No payment will be made for equipment repairs and operators' time
during periods of repair caused by the following:
(1)
Normal wear and tear.
(2)
The furnishing of defective or inadequate equipment.
(3)
Lack of or improper servicing of equipment.
(4)
Improper operation of equipment.
When extra work is required and is compensated for under any of the three (3)
methods (a), (b) or (c) above which is normally performed by a subcontractor, and no
capable subcontractor is already on the project, Contractor shall secure competitive
bids and shall award the work to the lowest responsible bidder, all subject to the
approval of Engineer. If a qualified subcontractor is already employed on the project,
that subcontractor shall perform any such extra work required, subject to the terms
and conditions of this Article, and shall keep such records of labor, material and
equipment charges as shall be required.
In order to adequately reimburse Contractor, together with subcontractors if any, for
overhead and profit on the extra work as herein above defined in methods (a), (b) or
(c), the following percentages will be utilized as full compensation for all general
office, construction office and plant overhead, and profit:
(a)
On Contractor's aggregate cost of labor and materials, when no subcontractor
is involved, a single twenty percent (20%) allowance for both overhead and
profit.
(b)
On each subcontractor's aggregate cost for labor and materials, a single
fifteen percent (15%) allowance for both overhead and profit for subcontractor,
in addition to a single eight percent (8%), allowance for both overhead and
profit for Contractor. The Contractor's eight percent (8%) shall be computed
on the subcontractor's cost after the subcontractor's fifteen percent (15%) has
been added.
No verbal order or suggestion given by an employee of Board shall be construed as
authorizing or being the basis for any claim on the part of Contractor for extra
compensation, either for extra work, materials or equipment, or for damages because
of Contractor's compliance therewith. Extra work will constitute the basis for
additional compensation to Contractor only when such work is duly authorized as
provided under ARTICLE 19. In case of dispute as to what does or does not
constitute extra work, a decision will be made by Engineer.
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ARTICLE 44 - ENGINEER'S CERTIFICATES, PAYMENTS AND ACCEPTANCE
(i) - Unless otherwise provided for, payments shall be made only on amounts certified
by Engineer as being due under the terms of the contract, from which, however,
Board may make deductions of such amounts as may be required to protect it from
claims.
(ii) - The issuance of any payment certificate by Engineer or the payment of any
moneys to Contractor, whether due under the contract or not, shall not be considered
or construed as an acceptance by Board of the work either in whole or in part, and
the said work shall remain at the sole risk of Contractor until it is finally completed
and accepted in accordance with these contract documents.
(iii) - Neither Contractor nor Surety shall be released from the whole or any part of the
obligations herein assumed by reason of any change in the amount, nature, scope,
character or extent of the work, or in any plan or specification, or in the mode or time
of payment, or by any extension of time or indulgence granted to Contractor, even
though any or all of said acts be without the knowledge and consent of Contractor or
Surety, unless such release be expressly made in writing by Board.
(iv) - On all "lump sum" contracts under which work is scheduled to be completed in
thirty-one (31) days or less, payment will be made only upon final completion and
acceptance of the work, as provided in the sixth paragraph of this Article. On all
"lump sum" contracts under which work is scheduled to be performed during a period
of time exceeding thirty-one (31) days, payments will be made on or about the first of
each month, and final payment will be made as provided in the sixth paragraph of this
Article. In his submission of the construction schedule as required under the General
Specifications, Contractor shall include a breakdown of his estimated costs for
approval by Engineer, which shall serve as a basis for monthly payments. On or
about the first of each month, Engineer will estimate the amount of work performed
and payment will be made as follows:
(a)
When the contract price, as awarded, is less than five hundred thousand
dollars ($500,000), payment will be made in the amount of ninety percent
(90%) of the value of work in place and acceptably completed since the last
estimate.
(b)
When the contract price, as awarded, is five hundred thousand dollars
($500,000) or more, payment will be made in the amount of ninety-five percent
(95%) of the value of work in place and acceptably completed since the last
estimate.
(v) - Upon due notice from Contractor of presumptive completion of the entire project,
or a specified portion of the project, Engineer will make an inspection. If all
construction provided for and contemplated by this contract is found to be
SUBSTANTIALLY COMPLETE to his satisfaction, Engineer shall issue a
CERTIFICATE OF SUBSTANTIAL COMPLETION. ("Substantial Completion" is
defined as the construction being sufficiently complete in accordance with the
Contract Documents, so that the project or a specified portion of the project can be
utilized for the purposes for which is was intended). Should this inspection disclose
items which are not complete or which require corrections, Engineer shall prepare a
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list of these items and the estimated cost of completion of the items, which shall be
attached to the Certificate of Substantial Completion. These items must be
completed within the time specified in the Certificate of Substantial Completion. After
these items are completed, another inspection will be made. If necessary additional
inspections will be made until all items are complete to the satisfaction of the
Engineer.
(vi) - Within fourteen (14) days of the date of substantial completion the Board will
issue a formal notice of ACCEPTANCE OF COMPLETED CONTRACT prepared by
the Board for the Contractor to record with the Recorder of Mortgages of the Parish in
which the work has been done. Not less than forty-five (45) days after the recondition
of this Acceptance of Completed Contract, the Contractor shall furnish to the
Engineer a LIEN AND PRIVILEGE CERTIFICATE issued by the said Recorder of
Mortgages certifying that there are no outstanding claims or liens recorded against
this project. Upon receipt of the clear Lien and Privilege Certificate and an invoice
marked FINAL from the Contractor for the entire balance due including retinae, all
prior certificates or estimates upon which payments have been made being
approximate only and subject to correction on the final payment, the Contractor shall
be paid in full after Engineer is satisfied all quantities shown on final estimate are
correct.
(vii) - Payments for "unit price" contracts will be made as specified above for "lump
sum" contracts, except that unit prices in the bid will be used by Engineer in the
preparation of his estimates for payments. The total amount of contract "as
awarded," stipulated under subparagraphs (a) and (b) in the fourth paragraph of this
Article, shall be determined on the basis of Contractor's unit price bid and the
estimated quantities used for award of contract.
(viii) - It is expressly stipulated and understood that payment of the full contract
amount shall not operate to release Contractor or his Surety from liability for any and
all fraud in construction, or in obtaining progress payments, or in payment for
materials, labor or other supplies or services incidental to the work, or for any and all
claims for damages, loss or injury sustained by any person or persons whomsoever,
through the fault, negligence or conduct of said Contractor, his employees, agents or
subcontractors.
(ix) - On projects in which parts of the work are turned over to Board for permanent
use prior to completion of the contract as a whole, pursuant to ARTICLE 25, upon
written request of Contractor Board may pay all or part of the retained amount, with
respect to such portions of the work for which certificate of completion has been
given, the amount of such payment to be determined by Engineer; provided that
Contractor shall submit to Engineer acceptable evidence that all invoices for
materials and all payments due subcontractors have been paid up to that time.
ARTICLE 44A - MOBILIZATION
This work consists of preparatory work and operations, including those necessary for
movement of personnel, equipment, supplies and incidentals to the project site; the
establishment of offices, buildings and other facilities necessary for work on the
project; the cost of bonds and any required insurance; and other preconstruction
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expenses necessary for start of the work, excluding the cost of construction
materials.
Payment for this work shall be as follows:
(a)
When the contract does not include a pay item for mobilization, no
direct payment will be made for mobilization.
(b)
When the contract contains a pay item for mobilization, payment will be
made at the contract lump sum price, subject to the following
provisions:
Partial payments for mobilization will be made in accordance with the
following schedule up to a maximum of 10 percent of the original total
contract amount, including this item. Payment of any remaining amount
will be made upon completion of all work under the contract.
Percent of Total Contract
Amount Earned
1st Partial Estimate
10
25
50
Allowable Percent of the
Lump Sum Price for the Item
25
50
75
100
No payment adjustments will be made for this item due to changes in
the work in accordance with ARTICLE 19.
ARTICLE 44B – MINORITY, WOMEN, AND DISADVANTAGED BUSINESSES AND
MONTHLY REPORT SAMPLE
The Board adheres to the bid laws and procurement regulations of the State of
Louisiana. In that spirit, the Board strongly encourages maximum participation in all bids by
certified and qualified minority, women and disadvantaged business enterprises as prime
contractors and subcontractors, construction-related service providers, and construction
materials suppliers. While the Board does not endorse or approve the technical or
commercial qualifications of minority, women or disadvantaged contractors, subcontractors,
construction-related service providers, or construction materials suppliers, the Board
encourages Contractor to solicit bids from them for work on the project, and, toward that
end, the Board refers Contractor to the Board’s minority and women owned business
consultant, Riverworks, which can be reached at 504-896-4600, for assistance.
After award of the contract, the Contractor may be requested to submit to Board (1) a
plan for use of certified minority, women or disadvantaged subcontractors, constructionrelated service providers, and construction materials suppliers by task/function and the
estimated dollar value for each; and (2) a list of certified minority, women or disadvantaged
subcontractors, construction-related service providers, and construction materials suppliers
contacted and considered for this project. To the extent not inconsistent with applicable
state and federal laws, the Board will accept the certification of such status by any public
body having jurisdiction to do so, e.g., the federal or state government, including the SBA or
some similar authorizing agency. Furthermore, Contractor may be requested to submit
written monthly reports on utilization of such firms. See attached sample report.
Req. No. 054222
GENERAL CONDITIONS
Page 22 of 22
Board of Commissioners of the Port of New Orleans
MINORITY & WOMEN CONTRACTOR’S PARTICIPATION
MONTHLY REPORT
MONTH
Name of MBE/WBE Firm
and Corporate Principal
Indicate
MBE
or WBE
Subcontract
Description
S
Subcontract $ Value
A
% of
Total Prime
Contract Value
M
Current Month
Subcontractor
Earnings
P
I Certify the above Information to be valid and true
to the best of my knowledge and Intentions;
PRIME
CONTRACTOR:_______________________________________
_________________________________________________________________
Authorized Officer
PROJECT TITLE: ______________________________________
_________________________________________________________________
Title
NTP Date
__________________________________________
Date
:________________________________
Contract Completion Date: ___________________________
REQ No. 054222
Subcontractor
Earnings
to Date
L
%
Complete
YEAR ____________
Comments
E
_____________________________________________________
Contract Person for Prime Contractor
_____________________________________________________
Telephone
_____________________________________________________
FAX
SPECIAL CONDITIONS OF THE CONTRACT
The following Special Conditions supplement the General Conditions (given under the
preceding Articles 1 through 44B, inclusive) with special reference to the contract covered by
the attached specifications.
Req. No. 054222
Special Conditions
General
ART. 45 - QUANTITIES AND PRICES
The following clauses are intended only to define units of payment, being
supplemented by the detail specifications for full description of Contractor's obligations.
Prices stated in the bid are intended to cover full obligations of Contractor. Any and all
details not specifically mentioned but evidently included in the contract, shall be compensated
for in the item which most logically includes it, and it is understood that Contractor has
included cost of such detail in his unit price bid. Removal of scrap, debris, and all surplus
materials and clearing of the site during and after construction are paid for under the various
items to which they apply.
See Art. 44 for "General Conditions" pertaining to Engineer's Certificates, Payments
and Acceptances, particularly those parts of said Articles which pertain to unit price contracts.
Monthly estimates will be in proportion to the amount completed where a lump sum
applies to the item, or to units of work, or to units quantities completed to the date of
estimate.
General - Items 1 through 9
The unit price bid for any and all pay items under this contract is understood to include
all labor, materials and incidental work as may be required to construct the various items in
accordance with Board's drawings and the specifications and to the satisfaction of the Board.
Incidental work is understood to include, but is not necessarily limited to, all labor and
materials required for completing work as required in Article 50 (a).
The above mentioned work, as needed, is hereby understood to be included in the
price bid for each and every pay item whether or not such work is specifically called for under
the various pay items.
Item No. 1 - Mobilization
The lump sum price bid for this item shall be as defined in “ARTICLE 44a MOBILIZATION.”
Item No. 2 – Removal of Southwest Fender Timber Piles
The unit price per each pile bid for this item shall be full compensation for all
mobilization, labor, material, and equipment required to remove and dispose of the 10
southwest fender timber piles and bracing, as defined in “Section 2060 – DEMOLITION AND
REMOVAL OF EXISTING STRUCTURES” of these specifications, as specified herein and as
shown on the drawings.
Item No. 3 – Southwest Fender Replacement
The lump sum price bid for this item shall be full compensation for all mobilization,
labor, material, and equipment required to remove, dispose of the existing portion of the
Req. No. 054222
Special Conditions
Article 45 - Page 1 of 3
fender system, and replace the timber fendering and timber walkway in its entirety, to realign
existing steel operator’s house stair and walkway attached to the fender walkway, and to
remove, dispose of, and replace the existing steel post and wire rope fender handrail, as
defined in “Section 2060 – DEMOLITION AND REMOVAL OF EXISTING STRUCTURES”,
“Section 2360 - TREATED TIMBER PILES”, “Section 5120 – STRUCTURAL AND
MISCELLANEOUS METALS”, and “Section 6110- TREATED TIMBERS AND LUMBER” of
these specifications, as specified herein and as shown on the drawings.
Item No. 4 – Southwest Dolphin Replacement
The lump sum price bid for this item shall be full compensation for all mobilization,
labor, material, and equipment required to replace the existing southwest dolphin, complete
with a reinforced concrete cap, steel pipe piling, timber piling, structural steel and timber
wales, and navigation lighting. as defined in “Section 2060 – DEMOLITION AND REMOVAL
OF EXISTING STRUCTURES”,
“Section 3300 – STRUCTURAL CAST IN-PLACE
CONCRETE”, “Section 5120 – STRUCTURAL AND MISCELLANEOUS METALS”, “Section
5130- RUBBER FENDERING ELEMENTS”, “Section 6110- TREATED TIMBERS AND
LUMBER”, “Section 9900 - COATINGS” and “Section 16375 – ELECTRICAL WORK EXTERIOR” of these specifications, as specified herein and as shown on the drawings.
Item No. 5 – Timber Pile Clusters Replacement
The unit price per each pile cluster bid for this item shall be full compensation for all
mobilization, labor, material, and equipment required to construct four timber pile clusters
which includes the construction of two timber pile clusters located near the southwest dolphin
and operator’s house and two timber pile clusters located along the southwest fender
walkway system, which includes timber piles and hardware as defined in, “Section 2360 TREATED TIMBER PILES”, “Section 5120 – STRUCTURAL AND MISCELLANEOUS
METALS” and “Section 6110- TREATED TIMBERS AND LUMBER” of these specifications,
as specified herein and as shown on the drawings.
Item No. 6 – Southwest Bridge Rail Replacement
The unit price per linear foot bid for this item shall be full compensation for all
mobilization, labor, material and equipment required to remove, dispose of, and replace a
portion of the existing southwest bridge rail, as defined in, “Section 5120 – STRUCTURAL
AND MISCELLANEOUS METALS” of these specifications, as specified herein and as shown
on the drawings.
Item No. 7 – Clearing and Grubbing Gouged Shoreline
The lump sum price bid for this item shall be full compensation for all plant, labor,
material, and equipment, and performing all operations necessary for clearing, grubbing and
demolition in the areas shown on the drawings, for disposing of the grubbed and demolished
materials, and for filling of holes caused by grubbing and demolition operations for removal
and disposal of riprap, shell, sand and miscellaneous material to facilitate the installation of
new work as defined in “Section 2112 – CLEARING AND GRUBBING” of these
specifications, as specified herein and as shown on the drawings.
Req. No. 054222
Special Conditions
Item No. 8 - Furnish and Place Riprap
The lump sum price bid for this item shall be full compensation for all labor, material
and equipment required for furnishing and placing riprap as defined in “Section 2220 – RIP
RAP EROSION CONTROL” of these specifications, as specified herein and as shown on the
drawings.
Item No. 9 – Removal of Southwest Bridge Rail
The unit price per linear foot bid for this item shall be full compensation for all
mobilization, labor, material, and equipment required to remove and dispose of a portion of
the southwest bridge rail, as defined in “Section 2060 - DEMOLITION AND REMOVAL OF
EXISTING STRUCTURES” of these specifications, as specified herein and as shown on the
drawings.
Req. No. 054222
Special Conditions
ART. 46 - PERFORMANCE OF WORK BY CONTRACTOR
Contractor shall perform at job site, in his own shop or in his own plant or yard, and
with his own organization, as integral part of the construction work equivalent to at least
sixty percent (60%) of the total amount of work to be performed under the contract. If,
during the progress of the work hereunder, Contractor requests a reduction in such
percentage, and Engineer determines that it would be to the advantage of the Board, the
percentage of work required to be performed by Contractor may be reduced, provided
written approval of such reduction is obtained in advance by Contractor from the Director of
Construction.
The practice wherein the Contractor furnishes a performance bond to the Board for
the benefit of another organization which will actually perform the work is deemed to be an
assignment of this contract prohibited by Article 33 above and a violation of this Article 46.
The violation of the provisions of Articles 33 and 46 may result in the disqualification of
Contractor to be awarded future contracts with this Board.
Req. No. 054222
Special Conditions
Article 46 – Page 1
ARTICLE 47 - TAXES
To the extent that work is performed or materials purchased in Louisiana,
Contractor shall not include in his bid any state and local sales or use tax on materials,
supplies, and equipment which are purchased to be affixed, incorporated into or
otherwise made a permanent part of the completed Work as well as other taxable
services, leases and rentals of tangible personal property used in the completion of the
Contract (hereafter referred to as “Applicable Materials and Services”).
All purchases of Applicable Materials and Services shall be made by Contractor
in its designated capacity as Agent for and on behalf of Board. Board shall provide to
Contractor a copy of the Department of Revenue & Taxation Form R-1020
(“Designation of Construction Contractor as Agent of Government Entity”) at the time of
the Notice to Proceed after award of the Contract. Contractor shall submit this form to
the Department of Revenue and Taxation for the purpose of obtaining a Certificate of
Sales Use Tax Exemption/Exclusion. Contractor shall present to vendors and suppliers
of Applicable Materials and Services a copy of the Department of Revenue and
Taxation Form R-1056 (“Certificate of Sales Use Tax Exemption/Exclusion”) when
purchasing Applicable Materials and Services for the project.
The designation of Contractor by Board as its agent in accordance with LAC
61:I4301 is for the limited purpose of purchasing Applicable Materials and Services in
furtherance and performance of the Work specified in the Contract and is not intended
nor should it be construed as a designation of Contractor as agent for any other
purpose.
All Applicable Materials purchased by Contractor as Board’s agent exclusively for
the project specified in this Contract, but not actually used, shall belong to and become
the property of Board. All whole, unused Applicable Materials not incorporated into the
Work shall be picked up by Board at its expense on notification by Contractor. When
the said Applicable Materials are turned over to Board, Contractor shall provide to
Board a certified list of items being transmitted to Board. All rights and warranties with
respect to the Applicable Materials shall inure to the benefit of Board.
Nothing in this Article nor in any other article of these specifications is intended
nor should be construed to alter, amend, or otherwise revise the responsibilities of
Contractor, whether express or implied herein, to:
(a)
fully insure the Applicable Materials to be used
on the project or stored on or off site of the
project;
(b)
insure the progress of the project prior to Final
Acceptance in accordance with the provisions
of Article 48 (“Insurance”);
(c)
warrant the Applicable Materials furnished
under the Contract;
(d)
indemnify the Board in accordance with the
provisions of Article 27 (“Indemnity”);
(e)
alter, amend, or otherwise revise the method of
payment as provided in Articles 42
Req. No. 054222
Special Conditions
Articles 47 - Sheet 1 of 3
(f)
(g)
(h)
(i)
(“Payments”), 43 (“Extra Work”), and 44
(“Payments & Acceptance”);
alter, amend, or otherwise revise the right of
Board to accept or reject any of the Work
during the progress of the project or to make or
have made inspections of the Work as it
progresses in accordance with provisions of
Article 15 (“Inspections”);
provide for the safety, protection, and security
of the Applicable Materials throughout the
progress of the project in accordance with the
provisions of Article 48 (“Insurance”);
furnish and maintain liability and property
insurance coverage for damage, loss or
destruction of the Applicable Materials until
Final Acceptance in accordance with the
provisions of Article 48 (“Insurance”); and
remit to the pertinent taxing authority any taxes
other than sales and use tax that may be
applicable to the project for which Board or
Contractor as Board’s agent do not enjoy a
legitimate exemption or exclusion.
Nothing herein shall be construed to relieve Contractor or any subcontractor from
the payment of any sales, use or other taxes with respect to purchases of material,
supplies or equipment which are not to be incorporated into the Work or used solely in
the fulfillment of the obligations to be performed under this Contract, provided
Contractor has complied with the terms of this Contract and all applicable laws and
procedures.
In the event that Contractor is subject to a sales or use tax audit by either the
State of Louisiana or a local taxing authority, and the taxing authority assesses taxes on
any Applicable Materials and Services, Board agrees to defend its tax-exempt status as
a political subdivision and the Contractor as its agent. Should the taxing authority
prevail in imposing sales or use taxes on any purchases of Applicable Materials and
Services, Board agrees to reimburse Contractor for those taxes or to pay the taxes
directly to the taxing authority, but only to the extent that Contractor has complied with
the terms of this Contract and all applicable laws and procedures.
ARTICLE 47.1 – EFFECT OF ARTICLE 47 THROUGHOUT THIS CONTRACT
The addition of Article 47 as amended above with regard to the exemption of
Contractor as Board’s agent from the payment of sales and use taxes for the Applicable
Materials and Services as defined above is meant to alter, amend, and revise any
provision contrary to the amended Article 47 which may appear elsewhere in this
Contract, whether in the General or Special Conditions, with regard to the payment of
sales and use taxes. Therefore, wherever throughout this Contract there is any mention
of liability for the payment of sales and use taxes for Applicable Materials and Services
REQ. 054222
Special Conditions
which conflicts with the provisions of the amended Article 47, the terms of the amended
Article 47 as stated in this Addendum shall control as if they were repeated each time.
REQ. 054222
Special Conditions
ARTICLE 48 - INSURANCE REQUIREMENTS FOR CONTRACTORS
1. General Insurance Requirements
a.
Insurance Companies: All insurance shall be written with insurance
companies authorized and licensed to do business in the State of Louisiana and
acceptable to the Board (Best's rating A-, VI, or better). Self-insurance
programs authorized by the Commissioner of Insurance of the State of
Louisiana for workers' compensation insurance are acceptable with the
submission of a notarized copy of the contractor's authority to self insure.
b.
Primary Insurance: All insurance required herein shall be primary to any
similar insurance that may be carried by the Board for its own protection.
c.
Insurance Certificates: Before this contract becomes effective, Contractor
shall furnish to the Board's risk manager original, manually signed certificates
evidencing that it has procured the insurance herein required. Current
insurance certificates must be provided for the coverages required herein
during the entire term of this agreement.
d.
Named Insured: Except for the workers' compensation insurance and the
professional liability insurance, the Board shall be named as an additional
insured on all policies required herein. In those instances where the Contractor
is to do work on a site the Board leases to a tenant, Contractor shall have the
tenant named as an additional insured on Contractor’s CGL policy. Contractor
shall inquire of the Board which tenant is to be so named, if the Board has not
notified the Contractor.
e.
Waiver of Subrogation: All insurance policies required herein, as well as any
other insurance carried by the Contractor for its protection or the protection of
its property on the contract, shall provide that the insurers waive any rights of
subrogation in favor of the Board.
f.
Notice of Cancellation: All policies required herein shall provide for thirty (30)
days written notice of cancellation or material change to be sent to the Board at
P.O. Box 60046, New Orleans, LA 70160, Attention: Risk Manager.
g.
Maintaining Insurance: All insurance policies herein required shall remain in
full force and effect for the duration of the contract. If any insurance required
herein is canceled or materially changed and not immediately replaced during
the term of this contract the Board reserves the right to purchase insurance at
the expense of the Contractor to protect the Board's interest. The furnishing of
insurance shall not relieve the Contractor of the responsibility for losses not
covered by insurance.
h.
No Representation or Warranty: The Board makes no representation or
warranty that the insurance set forth in this Section will be sufficient to protect
the Contractor's interests.
Req. No. 054222
Special Conditions
i.
Deductibles: The contractor shall be responsible for the full amount of any
deductible associated with any of the insurance policies required herein.
2. Comprehensive General Liability Insurance - Contractor shall procure and maintain at
Contractor's sole cost and expense comprehensive general liability insurance (on an
occurrence basis) with limit of liability of not less than one million dollars ($1,000,000) for
all injuries or deaths resulting to any one person or from any one occurrence. The
aggregate limit for products and completed operations shall be not less than one million
dollars ($1,000,000). The limit of liability for property damage shall be not less than one
million dollars ($1,000,000) for each occurrence and aggregate. Coverage under such
insurance shall also include damage hazards. This insurance shall include coverage for
explosion, collapse and underground property damage hazards, completed operations
and Abroad form contractual endorsement. Where contractor's operations include the use
of water craft, the water craft exclusion in the comprehensive general liability policy shall
be eliminated. A combination of primary and excess liability insurance may be used to
satisfy the conditions of this paragraph.
3. Comprehensive Motor Vehicle Liability Insurance - Contractor shall procure and
maintain at contractor's sole cost and expense comprehensive motor vehicle liability
insurance which shall include hired car and non-ownership coverage with limit of
liability of not less than one million dollars ($1,000,000) for all injuries or deaths resulting
to any one person or from any one occurrence. The limit of liability for property damage
shall be not less than one million dollars ($1,000,000) for each occurrence and aggregate.
4. Workers' Compensation Insurance - Contractor shall procure and maintain at
Contractor’s sole cost and expense workers’ compensation insurance which will protect
Contractor from claims under the Louisiana Workers’ Compensation Act (LSA 23:1021, et.
seq.). If Contractor’s employees qualify for compensation benefits under the provisions of
the federal Longshoremen's and Harbor Workers' Compensation Act (33 USC 901, et.
seq.), Contractor shall also procure and maintain insurance which will protect Contractor
from claims under the LHWCA. The limits of liability under the employer’s liability section
of the workers’ compensation policy, as well as both compensation schemes, shall be not
less than one million dollars ($1,000,000). If Contractor’s employees qualify for
compensation benefits for injury or death under the provisions of the Jones Act (46 USC
688, et. seq.) and under the general maritime law, Contractor shall also procure and
maintain insurance to cover such claims with a limit of not less than one million dollars
($1,000,000).
5. Railroad Protective Insurance – in accordance with the requirements of this board, and
the railroad as described below.
Contractor shall carry railroad protective liability insurance with combined single limit for
bodily injury liability, and physical damage to property of $2,000,000 per occurrence and
an aggregate limit of $6,000,000 for the term of the policy naming the New Orleans Public
Belt Railroad and CSX Corporation, Inc. as the insured.
Req. No. 054222
Special Conditions
The Contractor shall furnish originals of the policies to the Board and railroads as well as
certificates of insurance evidencing the other insurance requirements specified herein
before commencing any work. No direct payment will be made for providing the
required insurance.
The standards for Railroad Protective Liability Insurance shall be in accordance with
provisions of “Federal Aid Policy Guide (FHPG) part 646" as amended. For additional
information please contact Risk Management Section at (504) 528-3273.
6. Builder's Risk - Contractor shall procure and maintain at Contractor’s sole cost and
expense builder’s risk insurance which shall be the all risks type and shall protect
Contractor and Board against all risks of damage to structures, materials, equipment, and
buildings, excluding damages due to flood and earthquake. The amount of such
insurance shall be not less than the value of the Work at completion. Such insurance
shall be issued subject to a deductible not to exceed ten thousand dollars ($10,000) which
will be for the account of the Contractor.
Builder's risk insurance shall provide for losses to be payable to Contractor and Board as
their interest may appear. The policy shall contain a provision that in the event of
payment for any loss under the coverage provided, the insurance company shall have no
rights of recovery against Contractor and the Board.
Req. No. 054222
Special Conditions
ARTICLE 49 - REQUIRED COORDINATION OF WORK
(a) General
It is the responsibility of the Contractor to coordinate his work to minimize the
inconvenience to the Board’s tenant working adjacent to the Contractor’s work areas. The
Contractor shall consider in planning his work that the Inner Harbor-Navigation Canal (IH-NC)
marine traffic, rail traffic, vehicular traffic, and pedestrian traffic shall continue throughout the
Contract period unless specifically authorized to close as per Article 50 Subsection (n). The
areas adjacent to the site of work are presently being used by Board tenants for their
operations and these areas will continue to be used during this contract. The IH-NC will also
continue to be used during this contract, and must remain open to marine traffic. The active
CSX and NOPB railroad tracks will also continue to be used during this contract and must
remain in service, except for periods outlined in the specifications under Section 2060 of the
Specifications.
(b) Coordination of Work
Contractor shall confine his operations to within the limits of work shown on the
Drawings and he shall restrict his operations to the least amount of area necessary to
perform the work so as to reduce disruption of the tenants operations.
The Contractor shall coordinate his work, well in advance of any construction, with the
Engineer and the tenant.
The Contractor is not permitted to interfere or adversely affect the operation of the
railroads (CSX Railroad and NOPB Railroad). The contractor is not permitted to use the
tracks, block the tracks, or store equipment, material, etc. within the railroad right-of-way
without the railroads’ written permission. The Contractor shall be responsible for contacting
the railroads regarding the necessity of using the railroads’ flagmen when required by the
railroad. The cost of any required railroad flagmen services shall be included under the
contract at no direct pay. The contact information for the railroads is as follows:
NOPB Railroad
Mr. Anthony C. Marinello, Jr.
(504) 896-7420
CSX Railroad
Ms. Angie Averitte
(334) 224-9774
The sequence of work required for Bid Item Nos. 1 through 9 shall be performed
concurrently to minimize the number of marine traffic closures needed. In addition to
sequencing the work, the Contractor shall determine the phases of construction and
sequence of work for all other work, in accordance with the limited available traffic closures
allowed for this project.
The four timber pile clusters shall be constructed immediately following removal of
debris from the Southwest Fender System and completed within 28 calendar days thereafter.
Req. No. 054222
Special Conditions
Article 49 - Page 1
SPECIFICATIONS
FOR
ART. 50 - GENERAL SPECIFICATIONS
(a) Extent of Entire Project
The project consists of furnishing all labor, material and equipment for work to be
performed under nine separate bid items together with all required miscellaneous and
incidental work for the Port of New Orleans Almonaster Avenue Bridge (L&N Railroad Bridge)
at the Inner Harbor-Navigation Canal described as follows:
Bid Item Nos. 1-9
The scope of work to be performed under these bid items consist of the removal, repair,
and replacement of the southwest fender, dolphin elements and bridge rail damaged due to a
vessel allision during Hurricane Gustav, which includes the removal, disposal, and
replacement of the existing timber piles, and navigation lighting; the removal, disposal, and
replacement of the existing timber fendering and timber walkway; the removal, disposal, and
replacement of the existing damaged bridge rail; the construction of four timber pile clusters
located near the southwest dolphin and operator’s house, which includes timber piles, wire
rope banding, and hardware; the realignment of the existing steel operator’s house stair and
walkway attached to the fender walkway; the removal, disposal, and replacement of the
existing steel post and wire rope fender handrail; and the clearing, grubbing and placing of
riprap along gouged shoreline on southeast side of bridge.
No other contract which would in any way interfere with work under this contract is
contemplated to be in progress at the site concurrently with this contract. Other repair work to
the adjacent operator house is to be conducted under separate contract prior to this Contract
work.
The Contractor shall schedule and conduct his operations in such a manner as to cause
the least possible inconvenience to tenants, thereby permitting the Board and the Board's
tenants to conduct their operations in a satisfactory manner throughout the contract period.
(b) General Requirements
The Contractor shall furnish any and all work and materials incidental to the items listed
above and as may be indicated on the drawings or in these specifications as necessary to
complete the project in full compliance with the contract documents.
In general, the work under this contract consists of furnishing all materials and labor,
and performing all work required (except as otherwise provided in Article 50(d)) for completing
the work shown on the drawings and called for in these Contract Documents. The work
essentially consists of but is not limited to the following:
Req. No. 054222
Special Conditions
Article 50 - Page 1
1.
Replacing the southwest dolphin and fender system.
2.
Removing and replacing bridge railing at the south walkway.
3.
Replacing timber pile clusters.
4.
Removing and replacing southwest timber walkway and fender system.
5.
Clearing, grubbing and placing of riprap at the southeast side gouged shoreline
In addition to the work and material listed above, Contractor shall furnish any and all
work and material incidental to the items listed above and as may be indicated on the drawings
or in these specifications as necessary to complete the project in full compliance with the
Contract Documents.
Contractor shall accept the work site as found at commencement of “on-site” work, and
he shall verify the scope of all work and all dimensions and details in the field and report any
discrepancies noted to the Engineer.
All work shall be done as described in the specifications and shown on the drawings,
and in strict accordance therewith, to the satisfaction of the Engineer.
The Contractor shall lay out all work, check overall dimensions against intermediate
dimensions, check and verify existing measurements and refer discrepancies, if any, to the
Engineer for direction.
The Contractor shall install, maintain and remove all construction equipment and
auxiliary devices, and shall be responsible for the safe, proper, and lawful maintenance of
same. The Contractor will be held responsible for any loss of materials on the site or
incorporated in the construction and site including vandalism, theft and malicious mischief
within his limits of work as indicated on the Contract Drawings. Any losses involved, damages,
etc. occurring shall be replaced or restitution made agreeable to the Board, as the case may
be, at no cost to the Board, until completion and acceptance of the work.
The Construction Industry, OSHA Safety and Health Standards (29) CFRR 1926/1920),
U.S. Department of Labor, Occupational Safety and Health Administration Revised 1987
publication OSHA 2207 shall be made part of these specifications and contract requirements
for the construction and occupancy by the Board.
(c) Board’s Drawings and Specifications
Copies of data furnished by Board or Engineer to Contractor or Contractor to Board or
Engineer that may be relied upon are limited to the printed copies (also known as hard copies).
Files in electronic media format of text, data, graphics, or other types are furnished only for the
convenience of the receiving party. Any conclusion or information obtained or derived from
such electronic files will be at the user’s sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
Req. No. 054222
Special Conditions
Article 50 - Page 2
Because data stored in electronic media format can deteriorate or be modified
inadvertently or otherwise without authorization of the data’s creator, the party receiving
electronic files agrees that it will perform acceptance tests or procedures within 60 days, after
which the receiving party shall be deemed to have accepted the data thus transferred. Any
errors detected within the 60-day acceptance period will be corrected by the transferring party.
When transferring documents in electronic media format, the transferring party makes
no representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
Accompanying these specifications, and forming an integral part thereof, are the
Board's drawings which numbers are listed in the "Table of Contents."
(c-1) Submittals
Whenever work is to be fabricated and/or machined specifically for this contract, the
Contractor shall submit, for approval, final shop and erection drawings, manufacturer's
drawings, catalogue cuts and/or literature covering products (equipment, fixtures, devices, etc.)
to be furnished or for items of work for which submittals are required in the technical
specifications, all as soon as possible. These are to be delivered to the Board of
Commissioners of the Port of New Orleans, Engineering Dept., 1350 Port of New Orleans
Place, P.O. Box 60046, New Orleans, Louisiana 70160, Attention: Engineering Director. The
checking and approval as to overall conformity with the contract document will not be
considered to waive any of the provisions of these contract documents and shall not release
the Contractor from responsibility for the corrections of his submittals nor for errors in details
which may interfere with erection. All submittals transmitted for approval shall be in strict
conformity thereto as provided for under "Request for Alterations or Substitutions." Prior to
transmittal, all submittals must be thoroughly checked by Contractor to insure this conformity.
In addition, the Contractor must be certain that any equipment he proposes to furnish and/or
install will fit and functionally operate within the designated available space. Clearances shall
be functional and as specified. Each submittal shall have Contractor's signed statement that
the above requirements have been met and that he approves it for submission, such as
"Reviewed and approved by XYZ Construction."
Whenever required in the technical specifications, the originator of the shop drawings or
data shall certify compliance with the Contract Documents except for deviations specifically
identified as a variation and noted clearly on the submittal.
If the Contractor fails to comply with the requirements of Article 50 (c-1), the Engineer
will not review the submittal and it will be returned stamped "NOT ACCEPTED FOR REVIEW."
Submittals not required by the Contract Documents will not be reviewed and will be returned
stamped "NOT APPLICABLE."
Such submittals, properly checked before submission, shall be delivered to the Board in
a timely manner to allow review by the Board prior to ordering or fabrication. These submittals
Req. No. 054222
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Article 50 - Page 3
are to be requested within the time stated in Subsection c-2 and will be reviewed by the Board
within fourteen (14) calendar days, not including Board holidays, after receipt. After Board’s
review the Contractor shall pick up submittals from the Board. Submittal and checking time is
included in total time for completion of work.
Submittals/shop drawings reviewed by the Engineer shall be returned stamped with one
of the following:
1.
APPROVED
The Engineer's review found no objectionable deviations and it conforms with the
design concept.
2.
APPROVED AS NOTED
The Engineer's review found no major deviations from the contract requirements.
Minor discrepancies or deficiencies were noted onto the drawing or submittal.
Corrected copies are not required for re-submittal; however the item is to be
furnished in accordance with the Engineer's notes. If the contractor, supplier, or
manufacturer takes exception to any of the Engineer's comments, then corrected
or supplemental data is to be re-submitted.
3.
RETURNED FOR CORRECTIONS
The Engineer found major discrepancies or deficiencies such that the
submittal/shop drawing must be corrected to comply with the Contract
Documents and re-submitted.
4.
NOT ACCEPTED
It is the Engineer's opinion that the item submitted does not meet the Contract
Document requirements. The correct data must be re-submitted.
The Engineer's review is to determine if the shop drawing, catalog brochure, letter, etc.,
conforms to the design concept and the requirements of the Contract Documents. Design
concept relates to the final, in-place installation of material and equipment as part of a
functioning whole project as required by the Contract Documents.
Time lost because of submission by Contractor of incorrect or incomplete submittals will
not be cause for extension of specified contract period.
The Contractor shall follow up requests for approval, if not acknowledged within the time
designated above, to avoid loss of submittals in mail or in handling.
The Contractor shall furnish at least six (6) complete sets of check prints plus the
number of additional copies over two (2) required for return to Contractor; four (4) of these
copies will be retained for use by the Board and the others returned. The Contractor shall
furnish, for Board use, four (4) sets of prints of all final drawings, plus one or more sets of
Req. No. 054222
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Article 50 - Page 4
prints for return to Contractor after approval.
All catalogue cuts, brochures or other literature submitted shall be manufacturer's latest
issue in current use.
All information on all submittals must be clearly legible. Those submittals which are not
clearly legible will not be accepted. Any variations from the Contract Documents made by the
supplier, manufacturer or Contractor shall be clearly identified.
When submission of manufacturer's catalogue cuts or brochures is required to describe
items of equipment to be furnished by Contractor, each brochure shall include manufacturer's
name, catalogue number and dimensions, and shall indicate all modifications to standard
equipment. Each piece of literature shall be clearly marked to indicate the specific type or
catalogue number of the item to be supplied, and the location and application for which it is
intended, for example: "limit switch No. 000XYZ, upper travel limit for overhead rolling door,
Bay No. 42." All such submittals shall bear the title of the project, in the case of shop and
erection drawings, each shall additionally bear an appropriate drawing number.
If the submittal data is bound in a folder, the outside of the folder shall be clearly marked
with the name of the job, otherwise each individual sheet must carry this identification.
Each submittal package presented for review must be accompanied by an itemized list
of all items submitted.
All manufacturers' literature as well as Contractor's shop and erection drawings, as
above specified, which are submitted without proper marking and identification, will not be
reviewed by the Board, but will be returned for proper marking as required.
Whenever Contractor's drawings and/or catalogue cuts are returned to him marked
other than "Approved" or "Approved As Noted," he shall correct these documents and resubmit
for final review and distribution. No product shall be purchased or work fabricated until final
corrected submittals, shop drawings and/or catalogue cuts are reviewed by Board and
returned to Contractor marked "Approved" or "Approved As Noted."
Within ten (10) days after substantial completion of the work, the Contractor shall
furnish the Board, at contractor's expense, one complete set of vellum reproducibles of all
final shop and erection drawings. Vellum shall be of quality acceptable to Board. No part of
the retainage due Contractor will be paid until all such vellum reproducibles have been
furnished, and accepted by the Board.
SUBMITTAL SCHEDULE
At the time the construction schedule is submitted, a schedule shall be submitted of
the items of materials and equipment for which submittals are required by the specifications.
For each required submittal, the date shall be given for intended submission of the submittal
to Engineer for review and the date required for its return to avoid delay in any activity
beyond the scheduled start date. Sufficient time shall be allowed for initial review, correction
Req. No. 054222
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Article 50 - Page 5
and resubmission, and final review of all submittals. In no case will a schedule be acceptable
which allows less than three (3) consecutive calendar days, not including Board holidays, for
each review by Engineer.
AS-BUILT DRAWINGS
The Contractor shall be responsible for keeping accurate records and up to date “asbuilt” drawings of any additions or modifications to the original Contract Drawings. These “asbuilt” drawings shall be available for viewing on the site at all times and shall be reviewed by
the Engineer at the monthly progress meetings.
In addition the Contractor shall submit two (2) sets of “as built” drawings marked in
red showing all significant deviation from the drawings, including changes in material,
location, size, quantity, etc. Dimensions shall be given for underground runs and hidden
installations. All “as-built” drawings shall be approved by the Engineer and also be submitted
in AutoCAD Release 14 or 2000 electronic format and a CD AutoCAD disk(s) which contain
all copies and a set of vellum drawings that is printed directly from the mentioned “as built”
CD. Final payment shall not be issued until all “as-built” drawings are completely submitted
and approved by the Port.
(c-2) Requests for Alterations or Substitutions
Should the Contractor desire to make alterations or substitutions during the contract
period of any nature whatsoever, he shall formally request approval of the same, in writing,
from the Board. Such approval of a change or substitution will only be valid when issued to
the Contractor, in writing, over the signature of the Manager of Construction Services.
The Contract, if awarded, will be on the basis of materials and equipment described in
the Drawings or specified in the Specifications without consideration of possible substitute or
“or approved equal” items. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or “or approved equal” item of material or equipment may be
furnished or used by the Contractor if acceptable to Engineer, application for such
acceptance shall be submitted for prior approval no later than seven working days before the
date of the bid opening, set out in accordance with the procedure set out in Article 11 of the
General Conditions.
(d) Furnished by the Board
Either with its own forces or otherwise, the Board will provide the following items for
this project:
1.
Engineering services to the extent stated in Art. 37 and testing laboratory
services as stated in paragraph (e-1).
2.
Board's facilities to the extent stated in Art. 50 (g).
3.
Space, if available, near the project area for storage of Contractor's tools and
equipment but without responsibility of part of the Board for security thereof.
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Article 50 - Page 6
The Contractor shall pay for damage caused by his forces to structures, materials
delivered to him, or to trucks or equipment, which are property of the Board or others, or
which might be used in providing the above mentioned work, services or materials.
Well in advance of time needed, the Contractor shall make requests to the Engineer or
responsible representative for delivery of materials or services to be furnished as above.
(e) Furnished by the Contractor
The items of labor, materials, or other details specifically mentioned in these
specifications or the accompanying plans, or attached contract form, as being supplied by the
Board, are the only items which the Board will furnish; and everything else required for a
complete job under this contract shall be furnished by the Contractor at his expense.
Contractor will be required to meter and pay for water on Board property after making
proper arrangements with the Board’s Maintenance Department.
(e-1) Materials Tests
The Board reserves the right to conduct tests of all materials for compliance with the
specifications. These tests will be performed at the direction and under the general
supervision of the Engineer. Whenever practicable, sampling of materials will be done at the
project. If such tests show the materials do not meet specifications, the cost of the tests shall
be at the Contractor’s expense and will be deducted from amounts due the Contractor. The
Board will assume the costs of tests ordered by the Engineer on materials found to meet the
specified requirements.
All welds shall be subject to spot nondestructive testing by any method(s) which, in the
judgement of the Board, may be required to establish the soundness of any and all welds in
conjunction with this Article (e-1), and in accordance with the American Welding Society
STRUCTURAL WELDING CODE AWS D1.1, Section 6, Inspection, and “STRUCTURAL
WELDING CODE - REINFORCING STEEL” AWS D12.1, except as amended by the NDT
requirements stated in Section 5120 of the Specifications.
The Contractor is obligated without extra cost to Board, to render all reasonable
assistance needed at his plant or shop or at job site in connection with sampling and testing
materials or products. All materials and equipment furnished under this contract shall be
subject at all times during manufacture, fabrication and erection to such inspection and tests
by the Engineer, as will give due assurance that the terms of the specifications are being
complied with in all respects. Such inspection and tests shall be performed at the point of
manufacture, or fabrication, or in the field, as are herein specified therefor or as otherwise
designated by the Engineer. Where inspections or tests are to be made at the point of
manufacture or fabrication, the Contractor shall in all cases give ample notice to the Engineer
to permit such inspection and tests to be performed before shipment is made. No materials
shall be rolled, cast, machined or shipped before the Engineer has been notified where the
orders have been placed.
The Contractor is responsible for quality control, inspection and testing according to
the provisions of the Louisiana Department of Transportation and Development, Louisiana
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Article 50 - Page 7
Req. No. 054222
Standard Specifications for Roads and Bridges, 2006 (Blue Book), and as specifically
indicated in the Contract Documents.
The Engineer may authorize inspection of certain materials at the source, but no
obligation is assumed to inspect materials in this manner and such inspection will be
undertaken solely as a convenience to the Contractor and producers and only upon condition
that the cooperation and assistance of the Contractor and the producer with whom he has
contracted for materials are assured, and that the inspectors shall have free access to such
parts of the premises as may concern the manufacture or production of materials ordered.
The Contractor shall furnish promptly without additional charge, all samples and
specimens that are herein specified or that may be required by the Engineer to be taken or
prepared in the field, and shall furnish labor and assistance, testing machines and tools and
equipment necessary to prepare the samples and specimens as directed by the Engineer.
Samples and specimens which the Engineer shall designate to be sent to the testing
laboratories shall be shipped by the Contractor, as directed by the Engineer, at the
Contractor's expense.
For any materials not covered by a designated specification of some specified
organization, appropriate methods of testing and inspection to be outlined or designated by
the Engineer shall be as follows:
All samples for analyses and tests shall be taken in such manner as to be truly
representative of the entire lot under test and shall not be worked in any way to alter the
quality before testing. Where expressly permitted by the Engineer in the case of materials
taken from stock or for use in minor parts, certified analyses and test of the manufacturer
furnished in triplicate may be accepted in lieu of tests prescribed herein. In case the records
of physical and chemical test of stock material are not available, a reasonable number of
tests shall be furnished to the Engineer free of charge as required by the Engineer to satisfy
himself as to its quality.
Inspection and tests of fabricated parts and manufactured articles shall be made by
such methods and at such times as to insure compliance with the specifications in all
respects.
All inspection and tests by the Engineer shall be performed in such manner as to not
delay the work unnecessarily. Special, full size and performance tests shall be as described
in the specifications. The Contractor shall be charged with any additional cost of inspection
when material and workmanship are not ready at the time inspection is requested by the
Contractor.
Any material may be rejected if, in the opinion of the Engineer, service records
indicate that it is unsound or otherwise unsatisfactory.
The Contractor shall furnish all facilities for the inspection of material and
workmanship at the point of manufacture or fabrication, and inspectors shall be allowed free
access to the necessary parts of the premises.
The Inspector shall have the power to reject materials, or workmanship which do not
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Article 50 - Page 8
Req. No. 054222
fulfill the requirements of these specifications, but in cases of dispute the Contractor may
appeal to the Engineer, whose decision shall be final.
Inspection at the rolling mills, foundries, fabricating and machine shops is intended as
a means of facilitating the work and avoiding errors, and it is expressly understood that it will
not relieve the Contractor from any responsibility in regard to imperfect materials or
workmanship and the necessity for replacing the defective materials or workmanship.
The Contractor shall furnish the Engineer with as many copies of purchase orders to
subcontractors, suppliers or manufacturers as the Engineer may direct.
All machining and preparation of test samples, required by the ASTM or other
specification cited as standard for this contract, shall be done by the Contractor at his own
expense, except as otherwise specified herein.
Should the preparation of the material be at far or inaccessible points or should it be
divided into unreasonably small quantities, or widely distributed to an unreasonable extent, or
should the percentage of rejected material be unreasonably large, the additional cost of extra
inspection resulting therefrom shall be borne by the Contractor, the Engineer being sole
judge of what is to be deemed extra inspection.
The Engineer shall have full power to reject any and all material or equipment which
fails to meet the terms of the specifications and such material or equipment shall be promptly
removed from the work hereunder. All material or equipment which develops defects during
the life of the contract either before or after erection shall be removed and replaced
notwithstanding that it may have passed the prescribed inspection and tests.
(f) Construction Program
Contractor shall proceed with the work at project site under this contract within ten
(10) calendar days after date set forth in Notice to Proceed and all work shall be completed
within the time stipulated in the Bid Form and subject to assessment of ascertained and
liquidated damaged as set forth in BID FORM of these contract documents.
Immediately after written date of notice to begin work under this contract, the
Contractor shall line up his forces and equipment, do other preparatory work, and maintain
the following work schedule:
1.
Begin work within ten (10) calendar days after date set forth in Notice to
Proceed and complete all work within the number of consecutive calendar days
stipulated under BID OF CONTRACTOR, and subject to the ascertained and
liquidated damages set forth therein.
If requested by the Engineer, the Contractor shall, within fifteen (15) consecutive
calendar days after notice to begin work under this contract, or at such later date as may be
determined by the Board, prepare and submit to the Board for approval, a construction
schedule, showing the order in which the Contractor proposes to accomplish the work, the
date on which he plans to start each of the various phases of construction (including
procurement of materials and equipment) and the contemplated date on which he proposed
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Article 50 - Page 9
Req. No. 054222
to complete each such operation. The schedule shall be in the form of a progress chart
suitable to indicate the percentage of work scheduled for completion at any time and the
anticipated monthly progress payments. The Contractor shall further submit regular progress
reports to the Board. A progress report shall be submitted for each calendar month or other
suitable period as may be determined in advance by the Board. The actual progress attained
during the period shall be entered on a copy of the progress chart and delivered to the Board
within five (5) working days following the end of the period covered. All charts shall be
submitted in triplicate. Progress shall be indicated as a percentage completed for each
phase of construction scheduled, plus an overall percentage completed for the entire project.
Charts shall be compiled in the form of "bar graphs" and "S" curves on appropriate sheets of
such length and width as may be required to plot the graphs to a scale approved by the
Board. Immediately following award of contract the Board will furnish a sample copy of each
required type of chart to the Contractor. Should the construction program be delayed, the
Board may require a revised schedule, and same shall be provided within fifteen (15)
consecutive calendar days after date of Board's request, by Contractor and at Contractor's
expense. Should the Contractor fail to submit a construction schedule within the time herein
prescribed the Board shall have the right to order all work on the project to cease until such
time as an acceptable schedule is furnished, and without any extension of the contract period
for time so lost. Failure to submit a progress report within the time herein prescribed will be
cause for the Board to withhold approval of progress payment until such time as Contractor
submits the required progress report. Consistent with the schedule, the Contractor shall
inform the Board in advance, sufficiently in time to permit the Board to make proper
arrangements, whenever services furnished by the Board, or inspections of materials are
needed by the Contractor.
PROGRESS MEETINGS
If requested by the Engineer Contractor shall schedule and hold regular progress
meetings at least monthly and at other times as requested by Engineer or required by
progress of the Work at the project site. Contractor, Board Quality Control Engineer, Project
Engineer, Field Project Representative, Contractor's Project Manager and Superintendent
and all Subcontractors active on the site shall be represented at each meeting or required by
the Engineer. Contractor may at his discretion request attendance by representatives of his
suppliers, manufacturers, and other Subcontractors. Contractor shall be fined $250 if his
Project Manager or Superintendent of record fails to attend the schedule progress meeting.
Fines shall be deducted from the progress payments.
Contractor shall preside at the meetings and provide for keeping and distribution of the
minutes. The purpose of the meetings will be to review the progress of the work, maintain
coordination of efforts, discuss changes in scheduling, submittal data, anticipated work, pay
requests, etc. and resolve other problems which may develop.
Time will not be extended because of inclement weather ordinarily liable to occur
during the contract period, or regularly established holidays, whether set by law or labor
rules. Forces employed and rate of progress must be sufficient for the work as scheduled,
and to compensate
for usual non-working hours. If work lags, sufficiently increased forces and hours shall be
used to maintain the schedule.
Req. No. 054222
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Article 50 - Page 10
Time will not be extended due to high river stages ordinarily liable to occur during the
Contract Time.
Throughout the progress of the job, Contractor shall provide sufficient materials, labor,
tools and equipment needed to carry on the various types of work required in proper
sequence and in an orderly and efficient manner to complete all items of work as promptly
and satisfactorily as possible.
The Board has established the following time to be lost "because of inclement weather
ordinarily liable to occur during the contract period":
January
February
March
April
May
June
July
August
September
October
November
December
TOTAL
4 work days
4 work days
4 work days
2 work days
2 work days
2 work days
2 work days
2 work days
0 work days
0 work days
2 work days
2 work days
26 work days
From commencement of construction through final acceptance of the project, the
Contractor shall provide a competent, qualified, experienced superintendent at the job site
during all working hours.
Time extensions will be granted when inclement weather, as defined herein, prevents
the Contractor from performing work (critical to the construction schedule at the time the
adverse condition occurs) for more than the number of work days stipulated above.
The Contractor shall coordinate time and location of deliveries of material and
equipment to the project site with the Engineer. The Contractor shall have his own
representative receive all deliveries. The Contractor shall be fully responsible for all items
delivered to the project site and shall provide, at his expense, all necessary protection and
security for same.
(g) Construction Site
The site of the work is located in the vicinity of the Almonaster Avenue Bridge at the
Inner Harbor-Navigation Canal in New Orleans, Louisiana, as shown on the "Vicinity Map" on
the Board's drawing.
Bidders are required to visit the site, and to investigate operations of the Board and
others at the site, or in the vicinity, and conditions existing and liable to exist during the time
Special Conditions
Req. No. 054222
of the work, and their possible effect on receipt and storage of materials, difficulties in
performing the work and rate of progress. Operations of the Board or others shall not be
interfered with or interrupted, except as herein stipulated or as may be necessary and only by
previous arrangement with the Engineer.
In his use of the construction site described above, the Contractor will be responsible
for the safety of his own equipment with reference to all hazards. All personnel who enter
Port terminals in areas with cargo or construction activity, may be denied access if a hard hat
and a safety vest is not worn.
The Contractor shall confine his Construction operation and shall use due care in
placing construction tools, equipment, pipe materials and supplies, so as to cause no
damage to property and interference with Port traffic. Materials may be stored only within
areas designated by Engineer. If materials are stored elsewhere, it shall be at the
Contractor's risk, and if interfering with a tenant's operation, shall be relocated promptly
without any cost to the Board. Continuous coordination between Contractor and Board's
tenants shall be maintained and both shall cooperate fully in maintaining operations of both
Contractor and tenants concurrently with as little interference and inconvenience as possible.
Contractor shall make his own arrangements for receiving his materials and shall
assume full responsibility for security of all items stored at the work site, including equipment
and tools. Contractor shall devise his own methods for access.
Contractor shall occupy an area only so long as is necessary, and shall remove all
equipment, temporary construction, scrap material, litter and debris immediately when his
use of that area is no longer needed.
The Contractor is also expected to observe and to be cognizant of the existing
conditions of river and soil, and how these conditions (river and soil) can change during the
time of the work due to a seasonal change, and/or inclement weather, and how these
operations and conditions could effect the receipt and storage of materials, problems of
performing the work in this contract and its rate of progress.
The Contractor shall observe all rules and regulations of the local levee authorities
and of the Federal Government in regard to performing work at his location, particularly those
of the Orleans Levee District, U.S. Coast Guard and U.S. Corps of Engineers. The
Contractor shall also observe all rules and regulations applicable to railroad, highway and
navigation operations, and he shall keep the railroad tracks, roads and river channel clear of
all obstructions. Temporary permits required, if any, for execution of the work will be the
responsibility of the Contractor. Permits for construction of the project will be obtained by the
Board from the Orleans Levee District and U.S. Corps of Engineers.
The Contractor shall be responsible for receipt of his materials and protection thereof
from theft or damage, as well as for his equipment, tools and other items.
The physical extension of all utilities, including electric power facilities and piping from
Req. No. 054222
Special Conditions
present service locations to points of temporary consumption during construction, the
removal of any and all additions or extensions so made, and restoration to its previous
condition of any and all services into which a tie-in was made, shall be made by Contractor at
his expense. Contractor shall make his own arrangements for such services. He shall be
fully responsible for any and all bills incurred for utilities.
Damage done to structures or equipment of the Board or others shall be repaired by
the Contractor at his cost, to the satisfaction of the Engineer.
Smoking and operations creating a fire or explosion hazard are prohibited, except in
areas where specifically allowed, and only if adequate precautions, approved in advance by
the Engineer, are taken.
Welding and burning on the project site will be permitted only under controlled
conditions approved in advance by the Engineer. When required, non-combustible shields
and manned fire hoses with water instantly available shall be provided. Contractor shall
obtain a welding and burning permit from the U.S. Coast Guard and Harbor Police.
(h) Work on or Adjacent to Railroad
The Contractor shall perform all work on and adjacent to the railroad in accordance
with the requirements shown on the Contract Document. During the progress of such work,
the Contractor shall maintain liaison with the Railroad Company's officers and
representatives as may be designated by the Railroad Company. In the event the Contractor
requires a crossing of the Railroad Company's right-of-way and tracks at other than a public
crossing and outside the limits of work of this contract with its machinery or equipment
incident to the contract, the Contractor shall first enter into an agreement satisfactory to the
Railroad Company setting forth the terms and conditions with respect to the establishment,
use, and removal of such crossing.
The Contractor shall, prior to progress inspections, clear the railroad tracks of any
materials, earth, mud, rocks and other debris.
The Contractor shall suspend burning or welding operations when railcars are
adjacent to the worksite.
The Contractor shall keep all equipment, tools and materials stored at least fifteen (15)
feet from the center line of any usable track.
Any cost for damage to NOPB or CSX track and/or delays in service caused by the
Contractor shall be borne by the Contractor. Any silting of track adjacent to Contractor's
work areas which is caused by sand or other material blowing or draining into rails shall be
hosed and/or swept clean by the Contractor before the end of the day at no cost to the Board
or the railroad. Any cost for damage to trackage and/or delays in service caused by the
Contractor shall be borne by the Contractor.
Req. No. 054222
Special Conditions
(i) Prevention of Environmental Pollution
Direct or indirect discharge of contaminants* into the Mississippi River, the Inner
Harbor-Navigation Canal or the Mississippi River-Gulf Outlet is strictly prohibited by law.
Board's Contractor(s) and, if any, respective Sub-Contractor(s) (all hereinafter referred to
collectively as "Contractor") shall be held responsible for any and all such discharges or
pollution of the foregoing mentioned navigable waters resulting from contract work performed
under this contract. Should a contaminant be discharged to any or all of the foregoing
navigable waters, thereby bypassing proper and legal disposal procedures, then immediate
remedial action is required on the part of the responsible Contractor, at his cost, risk and
expense, to recover and properly and legally dispose of any and all such material(s)
constituting the condition of pollution. Contractor must promptly inform Board concerning all
such discharge or release of contaminants.
*The word "contaminants," as used in this Article 50, refers particularly to such petroleum
products commonly identified as oil and grease, but is not limited to petroleum products. The
word includes hazardous wastes and toxic substances. The Federal Water Pollution Act,
appearing in "United States Code Annotated" (USCA) Title 33 provides information
concerning the regulation of discharges of oil and hazardous substances. Discharges of
other "contaminants" are defined by applicable Government regulation(s). For example, the
Clean Water Act of 1977 includes the discharge of toxic substances under Section 307a and
the discharge of conventional pollutants under Sections 301 and 402.
(j) Salvage of Materials
All debris and grubbed materials including vegetation shall become the property of the
Contractor.
Removed concrete, reinforcing steel, timber, piling and similar materials shall be
legally disposed of by the Contractor at an off-site location at his expense, beyond Board’s
property. The salvage value of removed material shall be included in the lump sum bid
prices. Salvage of materials shall be in accordance with Section 2060 of the Specifications.
(k) Vehicular Restrictions
All trucks shall be within legal allowable weight limits according to Local, Parish, or
State requirements for truck loads, whichever are more stringent.
Truck routes, within the project areas and through all Board-owned and residential
City streets to be utilized by the Contractor during the construction of the contracted work,
shall be defined and three (3) copies furnished, if so requested, to the Engineer for review
and approval prior to commencing work.
All transportation equipment shall be State inspected, mechanically safe, and
equipped with backup/reverse audio alarm movement devices as required by OSHA
Req. No. 054222
Special Conditions
(Occupational Safety and Health Administration).
Any cranes the Contractor proposes to place on any Board wharf to facilitate the work
shall be defined and reviewed by the Engineer prior to placing.
(l) Sheeting and Bracing
The Contractor shall be responsible for providing adequate sheeting and bracing for
protection and security of all work and workmanship, responsible for damage to existing
utilities, fences, storage areas, ramps, roadways, various type structures. Refer to Technical
Specifications.
(m) Subsurface Obstructions
The Contractor shall give sufficient notice to the interested utility of their intention to
remove or disturb any other pipe, conduit, etc., and shall abide by their regulations governing
such work.
In the event that subsurface structures are broken or damaged in the prosecution of
the work, the Contractor shall immediately notify the proper authorities, and at the option of
said authority, either repair the damage at once, at his own expense, or pay the utility the
proper charges for repairing said damage. The Contractor shall be responsible for any
damage to persons or property caused by such breaks or due to his own neglect in reporting
and/or repairing such damages.
The Board will not be liable for any claims made by the Contractor based on
underground obstructions being different than that indicated on the Contract Drawings.
Where ordered by the Engineer, the Contractor shall uncover subsurface obstructions in
advance of construction so that the method of avoiding same may be determined before the
work reaches the obstruction.
(n) Maintenance of Traffic
The Contractor shall schedule and plan his work to minimize interference with all
marine, railroad, vehicular and pedestrian traffic during construction. The Contractor shall be
responsible for integrating all marine, railroad, vehicular and pedestrian closures that are
described herein.
The design and application of all temporary warning signs, channelizing devices,
pavement markings, and signals provided by the Contractor during the Contract Period shall
conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and
the 2006 Edition of the LADOTD Standard Specifications for Roads and Bridges.
All temporary navigation lighting systems for any of the Contractor’s floating
equipment or obstructions in the navigational clearances in or over the waterway shall be in
accordance with the U.S. Coast Guard lighting plans. The Contractor is responsible for
Req. No. 054222
Special Conditions
obtaining all temporary aids to navigation permits from the USCG and maintenance of
navigation aides throughout the Contract Period.
The Contractor must maintain railroad traffic throughout the duration of the project.
Contacts for each Railroad are as follows:
CSX Railroad:
Ms. Angie Averitte
CSX Railroad
6701 Almonaster Avenue
New Orleans, LA 70126
(334) 224-9774
New Orleans Public Belt Railroad:
A. C. Marinello, Jr.
Manager, Engineering and Maintenance
New Orleans Public Belt Railroad
4822 Tchoupitoulas Street
Phone # (504) 896-7420
The Contractor shall not store any materials, supplies, or equipment closer than 15'-0"
from the centerline of any railroad tracks, measured at right angles thereto. No burning or
welding will be permitted while rail traffic is in the immediate area.
Subsequent to the award of contract and before any work is started on this project, a
meeting will be held between the representatives of the Railroads, and the Contractor at a
time and place designated by the Engineer on behalf of the Railroads, for the purpose of
coordinating the work. At such time a schedule of operations regarding railroad clearances,
operation (including flagging) and general safety regulations will be adopted.
The Railroad will at all times have jurisdiction over the safety of Railroad operations on
Railroad right-of-way, and the decisions as to the procedures which may affect the safety of
railroad operations shall be final. The Contractor must be governed by all such decisions.
The Contractor shall, at all times, conduct his work, as it affects the Railroad, in a
manner satisfactory to the affected Railroad and shall exercise care so as not to damage the
property of the Railroad or to interfere with the operations of the Railroad. Should any
damage occur to Railroad property as a result of the Contractor's unauthorized or negligent
operations, the Contractor shall immediately contact the affected Railroad through the
aforementioned contact, and if the Railroad deems it necessary to repair such damage or
perform any work for the protection of the Railroad property, the required materials, labor,
and equipment shall be furnished by the Railroad, and the Contractor shall reimburse the
Railroad for costs incurred.
Req. No. 054222
Special Conditions
The Contractor shall at no time cross the Railroad's tracks with vehicles or equipment
of any kind or character, except at such temporary grade crossings as may be constructed as
outlined herein, or at an existing and open public grade crossing.
If the Contractor requires a temporary grade crossing during construction, the
Contractor shall make the necessary arrangements with the affected Railroad(s) for the
construction, protection, and later removal of such temporary grade crossing. The Contractor
shall reimburse the Railroads for any expenses the Railroads may incur in connection with
construction of temporary grade crossings.
Any flagging protection or watchmen service required by the affected Railroad for the
safety of railroad operations because of work being performed by the Contractor or in
connection therewith, will be provided by the affected Railroad, and the cost thereof shall be
reimbursed by the Contractor on the basis of the Railroads' bills, to be rendered monthly.
The requirements of the Railroads are as follows:
The services of one watchman or flagman will be required whenever the
Contractor's work has disturbed, or is liable to disturb, the surface or alignment
of any operated railroad track, at any time when he is transporting material or
equipment across the track, or during any construction operations involving
direct interference with the Railroad's tracks or traffic, the fouling of railroad
operating clearances or reasonable probability of accidental hazard to railroad
traffic. A flagman, or additional flagmen, will also be required whenever, in the
opinion of the Railroads' Superintendent, such protection is needed.
In order that the Railroads may be prepared to furnish protection service, the
Contractor shall notify the affected Railroad two working days in advance of when the
protective services are required.
The Contractor shall send a copy of the construction schedule to each Railroad at
least one week prior to initiating on-site work.
The waterway is the Inner Harbor-Navigation Canal (IH-NC). The Contractor must
maintain marine traffic in the IH-NC throughout the duration of the project, except as defined
herein. It shall be the Contractor's responsibility to obtain the necessary USCG temporary
permits required before performing any work in the IH-NC as it affects marine traffic.
The Contractor shall comply with all requirements of the U.S. Coast Guard for
installing and maintaining navigational aides through the Contract Period on the waterway.
Where the existing Southwest dolphin and fenders are removed for construction
purposes and until completion, the Contractor shall furnish and maintain a spud or other
suitable barge.
Req. No. 054222
Special Conditions
The Contractor shall provide temporary navigation lighting and/or marking of any
equipment or obstructions in the navigational clearances in or over the waterway in
accordance with the U.S. Coast Guard requirements for this site.
It shall be the Contractor's responsibility to comply with the U.S. Coast Guard
approvals for any and all waterway closures during construction. Permission for all closures
is subject to the jurisdiction and rulings of the 8th U.S. Coast Guard District, New Orleans,
Louisiana through the Chief-Bridge Administration Branch at (504) 671-2128. Contractor
shall furnish exact dates of closures requested to the Engineer at least 30 days in advance to
allow time for the U.S. Coast Guard to review and process the request and issue advisories
to navigators.
Current Port activities will also be a criteria when considering requests for waterway
closures.
The Contractor shall be required to maintain eastbound traffic on Almonaster Avenue,
throughout construction, except as specified herein. The Contractor shall be required to
maintain access to all properties adjacent to the job site.
The Contractor shall maintain existing roadway lighting systems in service during all
hours of darkness and reduced visibility throughout the contract period.
Where construction is open and accessible by others, the Contractor shall build and
maintain, until construction is completed and accepted, fences, barricades, and other
necessary construction required to prevent injury to persons on or about Project Site,
including damage to property, and intrusion of unauthorized persons. Barricades and
temporary signing shall conform to the latest editions of the Manual on Uniform Traffic
Control Devices and Section 713 of the 2006 Edition of the LADOTD Standard Specifications
for Roads and Bridges.
There will be no measurement or direct payment for the requirements of this section.
(o) Underground Installations
The Contractor shall locate by contacting all local utilities, and by prospecting,
prior to commencement of the work, and protect the integrity of throughout all phases of the
work, all existing utilities within the construction area at no direct payment.
Existing underground installations are indicated on the Contract Drawings only to the extent
such information was made available to or discovered by Engineer in preparing the drawings.
There is no guarantee as to the accuracy or completeness of such information, and all
responsibility for the accuracy and completeness thereof is expressly disclaimed. Generally,
service connections are not indicated on the Contract Drawings. All costs incurred for
repairing, replacing, and restoring the existing utilities damaged by the Contractor shall be
the Contractor’s sole expense. The Contractor shall also be required to contact Louisiana
One Call in accordance with the following procedure.
Req. No. 054222
Special Conditions
LA One Call
How to use:
Call before you dig, wait 48 hours for the site to be marked, observe the marks and dig with
care. This service is free.
Dial 811 to reach Louisiana One Call or phone 1-800-272-3020 48 hours in advance,
excluding weekends and holidays, before digging is scheduled to begin.
Plan your work. For larger projects, call in only the work that can be accomplished within a
ten-day period.
Prior to placing the call have the following information available:
1. Name and telephone number of the excavator and name and telephone number
of the company
2. Date and time the work is scheduled to begin
3. Specific location address or description of the work site
4. Nearest intersecting roadway to the work site
5. Distance and direction of the work site from the nearest intersection
6. Advise the one-call operator if explosives will be used
7. Record the locate request number provided by the one-call operator. It is your
proof of the call and may be requested by an enforcement agency.
Wherever possible use white paint, stakes or flags to identify your proposed excavation area.
This helps the marking crews identify your work site and place their markings accordingly.
Lines will be marked "to the meter" but not beyond because utility operators have no way to
know what you may have installed on your property. Always proceed with caution and look
out for unmarked lines.
Markings for underground utilities are considered valid as long as they are visible up to ten
calendar days from the "mark-by" time. The "mark-by" time is provided by the one-call
operator and excludes holidays and weekends. For larger projects, call in only the work that
can be accomplished within a ten-day period.
If digging activity comes within 18 inches of a utility line or pipeline, exercise extreme caution.
Hand digging is recommended to expose the buried line.
If damage occurs, notify the utility operator or pipeline company directly.
If there is an emergency situation (danger to life, health or property requiring immediate
attention), take steps to safeguard health and property.
Not all utilities are Louisiana One Call members. The Contractor shall call non-member utility
operators directly. A list of government entities that have "opted out" is available on the
Secretary of State's web site under "Other Services."
Req. No. 054222
Special Conditions
(p) Unfavorable Construction Conditions
Contractor shall confine his operations to work which will not be affected adversely by
unfavorable weather, wet ground, or other unsuitable construction conditions. No portion of
the Work shall proceed under conditions which would affect adversely the quality or
efficiency of the Work, unless suitable special precautions or countermeasures are taken by
Contractor.
(q) Materials and Workmanship
Contractor shall be fully responsible for furnishing all of his Subcontractors and
Suppliers with Contract Drawings and Specifications and Addenda.
All permanent and temporary materials, parts and equipment furnished by the
Contractor shall be new high grade, and free from defects and imperfections unless
otherwise hereinafter specified. Workmanship shall be in accordance with the best standard
practices. Both materials and workmanship shall be subject to the approval of the Engineer.
All materials and workmanship not conforming to the requirements of these
specifications shall be considered as defective and will be rejected. Defective material
whether in place or not, shall be removed immediately from the site of the work by the
Contractor at his expense when so directed by the Engineer. No rejected material, the
defects of which have been subsequently corrected, shall be used until approval in writing
has been given by the Engineer.
In the event any defect in material or workmanship is of a minor nature and the
Engineer determines that it is not of such consequence as to result in a dangerous or
undesirable condition, or that the removal of such work would create a dangerous or
undesirable condition, the Engineer shall have the right to retain such work and make such
deductions in the payment therefore as they determine reasonable and in the public interest.
Such determination by the Engineer is final.
(r) Cutting and Patching
The Contractor shall perform all cutting and patching required for the Work, and as
may be necessary in connection with uncovering Work for inspection or for the correction of
defective Work.
Contractor shall perform all cutting and patching required for the installation of
improperly timed Work, to remove samples of installed materials for testing, and to provide
for alteration of existing facilities or the installation of new work in existing construction.
Except when the cutting or removal of existing construction is specified or indicated,
Contractor shall not undertake any cutting or demolition which may affect the structural
stability of the Work or existing facilities without Engineer’s concurrence.
Req. No. 054222
Special Conditions
Contractor shall provide all shoring, bracing, supports, and protective devices
necessary to safeguard all Work and existing facilities during cutting and patching operations.
Materials shall be cut and removed to the extent indicated on the drawings or as
required to complete the Work. Materials shall be removed in a careful manner with no
damage to adjacent facilities or materials. Materials which are not salvable shall be removed
from the site by Contractor.
All Work and existing facilities affected by cutting operations shall be restored with
new materials, or with salvaged materials acceptable to Engineer, to obtain a finished
installation with the strength, appearance, and functional capacity required. If necessary,
entire surfaces shall be patched and refinished.
Do not cut and patch operational elements and safety-related components in a
manner resulting in a reduction of capacities to perform in the manner intended or resulting in
decreased operational life, increased maintenance or decreased safety.
Prior approval of cutting and patching is required, submit proposal well in advance of
time work will be performed, and request approval to proceed. Include description of why
cutting and patching cannot reasonably be avoided, how it will be performed, how structural
elements (if any) will be reinforced, products to be used, firms and tradesman to perform the
work, approximate dates of the work and anticipated results in terms of variations from the
Work as originally completed (structural, operational, visual and other qualities of
significance). Where applicable, include suggested alternatives to the cutting and patching
procedure proposed, and a description of the circumstances which lead to the need for
cutting and patching.
Req. No. 054222
Special Conditions
ARTICLE 51 - VALUE ENGINEERING
(a) General
The Contractor is encouraged to develop, prepare, and submit "Value Engineering
Change Proposals (VECP's)" voluntarily. The Contractor shall share in any instant contract
savings realized from accepted VECP's, in accordance with paragraph (f) below.
(b) Definitions
"Collateral costs," as used in this clause, means Board costs of operation,
maintenance, logistic support, or Board-furnished property.
"Collateral savings," as used in this clause, means those measurable net reductions
resulting from a VECP in the Board's overall projected collateral costs, exclusive of
acquisition savings, whether or not the acquisition cost changes.
"Contractor's development and implementation costs," as used in this clause, means
those costs the Contractor incurs on a VECP specifically in developing, testing, preparing,
and submitting the VECP, as well as those costs the Contractor incurs to make the
contractual changes required by Board acceptance of a VECP.
"Board costs," as used in this clause, means those Board costs that result directly from
developing and implementing the VECP, such as any net increases in the cost of testing,
operations, maintenance, and logistic support. The term does not include the normal
administrative costs of processing the VECP.
"Instant contract savings," as used in this clause, means the estimated reduction in
Contractor cost of performance resulting from acceptance of the VECP, minus allowable
Contractor's development and implementation costs, including subcontractors' development
and implementation costs (see paragraph (h) below).
"Value engineering change proposal (VECP)" means a proposal that-(1)
Requires a change to the contract to implement; and
(2)
Results in reducing the contract price or estimated cost without impairing
essential functions or characteristics; provided, that it does not involve a
structural integral change--
(i)
In deliverable end item quantities only; or
(ii)
To the contract type only.
(c) VECP Preparation
As a minimum, the Contractor shall include in each VECP the information described in
subparagraphs (1) through (7) below. If the proposed change is affected by contractually
Req. 054222
Special Conditions
required configuration management or similar procedures, the instructions in those
procedures relating to format, identification, and priority assignment shall govern VECP
preparation. The VECP shall include the following:
(1)
A description of the difference between the existing contract requirement and
that proposed, the comparative advantages and disadvantages of each, a
justification when an item's function or characteristics are being altered, and the
effect of the change on the end item's performance.
(2)
A list and analysis of the contract requirements that must be changed if the
VECP is accepted, including any suggested specification revisions.
(3)
A separate, detailed cost estimate for (i) the affected portions of the existing
contract requirement and (ii) the VECP. The cost reduction associated with the
VECP shall take into account the Contractor's allowable development and
implementation costs, including any amount attributable to subcontracts under
paragraph (h) below.
(4)
A description and estimate of costs the Board may incur in implementing the
VECP, such as test and evaluation and operating and support costs.
(5)
A prediction of any effects the proposed change would have on collateral costs
to the Board.
(6)
A statement of the time by which a contract modification accepting the VECP
must be issued in order to achieve the maximum cost reduction, noting any
effect on the contract completion time or delivery schedule.
(7)
Identification of any previous submissions of the VECP, including the dates
submitted, the owner's names and contract numbers involved, and previous
actions, if known.
(d) Submission
The Contractor shall submit VECP's to the Engineer.
(e) Board Action
(1)
The Engineer shall notify the Contractor of the status of the VECP within fortyfive (45) calendar days after the Board receives it. If additional time is required,
the Engineer shall notify the Contractor within the forty-five (45) day period and
provide the reason for the delay and the expected date of the decision. The
Engineer will process VECP's as expeditiously as practical; however, he shall
not be liable for any delay in acting upon a VECP.
(2)
If the VECP is not accepted, the Engineer shall notify the Contractor in writing,
explaining the reasons for rejection. The Contractor may withdraw any VECP,
in whole or in part, at any time before it is accepted by the Board. The Engineer
Req. 054222
Special Conditions
may require that the Contractor provide written notification before undertaking
significant expenditures for VECP effort.
(3)
Any VECP may be accepted, in whole or in part, by the Engineer's award of a
modification to this contract citing this clause. The Engineer may accept the
VECP, even though an agreement on price reduction has not been reached, by
issuing the Contractor an executed change order. Until a change order is
issued or a contract modification applies a VECP to this contract, the Contractor
shall perform in accordance with the existing contract. The Engineer's decision
to accept or reject all or part of any VECP shall be final.
(f) Sharing
(1)
Rates. The Contractor's share of savings is determined by subtracting Board
costs from instant contract savings and multiplying the result by fifty-five percent
(55%).
(2)
Payment. Payment of any share due the Contractor for use of a VECP on this
contract shall be authorized by a modification to the contract to--
(i)
Accept the VECP;
(ii)
Reduce the contract price or estimated cost by the amount of instant contract
savings; and
(iii)
Provide the Contractor's share of savings by adding the amount calculated
under subparagraph (1) above to the contract price.
(g) Subcontracts
The Contractor shall include an appropriate value engineering clause in any
subcontract of $50,000 or more and may include one in subcontracts of lesser value. In
computing any adjustment in this contract's price under paragraph (f) above, the Contractor's
allowable development and implementation costs shall include any subcontractor's allowable
development and implementation costs clearly resulting from a VECP accepted by the Board
under this contract, but shall exclude any value engineering incentive payments to a
subcontractor. The Contractor may choose any arrangement for subcontractor value
engineering incentive payments; provided, that these payments shall not reduce the Board's
share of the savings resulting from the VECP.
(h) Data
The Contractor may restrict the Board's right to use any part of a VECP or the
supporting data by marking the following legend on the affected parts:
"These data, furnished under the Value Engineering-Article 51 of Requisition 051019,
shall not be disclosed outside the Board or duplicated, used, or disclosed, in whole or in part,
for any purpose other than to evaluate a value engineering change proposal submitted under
Req. 054222
Special Conditions
the clause. This restriction does not limit the Board's right to use information contained in
these data if it has been obtained or is otherwise available from the Contractor or from
another source without limitations."
If a VECP is accepted, the Contractor hereby grants the Board unlimited rights in the
VECP and supporting data, except that, with respect to data qualifying and submitted as
limited rights technical data, the Board shall have the rights specified in the contract
modification implementing the VECP and shall appropriately mark the data. (The terms
"unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition
Regulation).
Req. 054222
Special Conditions
ARTICLE 52 - RESPONSIBILITY FOR MATERIALS AND EQUIPMENT
a.
Items Furnished by Board
No new materials or equipment shall be furnished by the Board for this project
b.
Items Furnished by Contractor
Contractor shall be fully responsible for all materials and equipment which he has
furnished, and shall furnish necessary replacements until final project completion.
Req. No. 054222
Special Conditions
Article 52 - Page 1
INDEX
SECTION 1000 - GENERAL REQUIREMENTS
__________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
__________________________________________________________________________
1.
PRE-BID INSPECTION
1000-1
2.
CLEAN UP
1000-1
3.
CONSTRUCTION PHOTOGRAPHS
1000-1
4.
EMPLOYEE IDENTIFICATION CARDS
1000-2
5.
APPROVED TWIC ESCORTS
1000-2
6.
SAFETY ATTIRE
1000-2
7.
MEASUREMENT AND PAYMENT
1000-2
Req. No. 054222
1000-a
SECTION 1000 - GENERAL REQUIREMENTS
1. PRE-BID INSPECTION
The Contractor is obligated to visit the site and study existing conditions. The Board
assumes no responsibility for discrepancies or differences between existing conditions
and conditions indicated on drawings or combination of original construction plans
(available for review at the Board's office) and recent surveys conducted by the Board.
Every reasonable effort has been made by the Board to indicate and describe existing
conditions at the project site with an acceptable degree of accuracy, but the Contractor is
held responsible for performing his work under existing conditions as he finds them at
time of performing work, and payment for extra work will not be allowed because of
reasonable discrepancies or differences, which are encountered at time work is
performed.
2. CLEAN UP
All debris and material removed shall become the property of the Contractor and shall be
removed from the job site and legally disposed of by him, beyond Board’s property unless
specifically indicated in the Contract Documents to be re-used.
3. CONSTRUCTION PHOTOGRAPHS
Contractor shall be responsible for the production of monthly construction progress
photographs as provided herein. Engineer reserves the right to designate the subject of
each photograph.
Three (3) views shall be taken prior to commencement of work and thereafter monthly
throughout construction period and shall be submitted prior to the release of monthly
progress payments.
Preconstruction photos shall be bound separately and submitted to Engineer within ten
(10) days from date of work commencement. Progress photographs shall be taken, bound
separately and submitted to Engineer before release of progress payment.
Contractor shall use a digital camera only.
All photographs shall be color photographs of commercial quality. The Engineer reserves
the right to reject photographs due to unacceptable quality. One (1)- 8" x 10" photograph
of each view shall be submitted enclosed in clear plastic binders, and marked with the
Board's name and requisition number of the contract, name of Contractor, description and
location of view, and date photographed along with a CD containing said photos.
Contractor shall provide a CD disk(s) at end of project containing all photos taken along
with a directory with a description of each view and date each photo was taken.
Req. No. 054222
1000-1
Failure to submit the monthly progress photographs will be cause for the Board to
withhold approval of progress payment until such time that the Contractor submits the
required photographs.
4. EMPLOYEE IDENTIFICATION CARDS
“NOT USED”
5. APPROVED TWIC ESCORTS
“NOT USED”
6. SAFETY ATTIRE
All personnel who enter Port terminals in areas with cargo or construction activity, may be
denied access if a hard hat and a safety vest is not worn.
7. MEASUREMENT AND PAYMENT
No separate measurement for payment will be made for work performed and for materials
furnished under this section of the specifications for clean-up or construction photographs.
No pay item will be available for clean up or construction photos.
Req. No. 054222
1000-2
INDEX
SECTION 1500 - TEMPORARY FACILITIES, UTILITIES AND OPERATIONS
___________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
___________________________________________________________________________
1.
APPLICABLE STANDARDS
1500-1
2.
REGULATORY AGENCIES
1500-1
3.
TEMPORARY FACILITIES
1500-1
4.
TRUCKING
1500-4
5.
CLEAN-UP
1500-5
6.
1500-5
Req. No. 054222
1500-a
SECTION 1500 - TEMPORARY FACILITIES, UTILITIES AND OPERATIONS
1. APPLICABLE STANDARDS
Comply with the requirements of the Manual of Accident Prevention in Construction by
Association of General Contractors and/or the current U. S. Occupational Safety and Health
Act, whichever is the more stringent.
2. REGULATORY AGENCIES
Comply with Federal, State and local codes and regulations and with utility company
requirements. Comply with National Electric Code. Comply where applicable to the latest
editions of the Manual on Uniform Traffic Control Devices (MUTCD) and the Louisiana Standard
Specifications for Roads and Bridges (LDOTD "Blue Book").
3. TEMPORARY FACILITIES
3.01 Safety Signs and Lighting
Install signs and warning lights as necessary for safety and as necessary to meet
insurance, MUTCD, LDOTD and OSHA requirements. Colors shall meet test specified in
Section 3 - Color Definitions, ANSI Z 53.1 1988 "Safety Color Code for Working Physical
Hazards".
3.02 Fencing, Barricading and Safety Equipment
Where construction is open and accessible by others, build and maintain until
construction is completed and accepted, fences, barricades and other necessary
construction required to prevent injury to persons on or about Project Site, including
damage to property, and intrusion of unauthorized persons. Barricades and temporary
signing shall conform to the latest editions of the Manual on Uniform Traffic Control
Devices and LDOTD"Blue Book, Sec. 713."
3.03 Safety Equipment
Provide personal safety equipment for authorized visitors. Provide and maintain warning
lights burning from dusk to dawn at barricades.
3.04 Contractor’s Field Office (Optional)
The Contractor may furnish, throughout the contract period, for the exclusive use of his
representative(s), a temporary trailer, to be utilized as a field office within a designated
area. Toilet facilities shall be provided within the field office. It shall be equipped with
approved electrical wiring, telephones service, lighting and outlets, and the required
switches and fuses, to provide 110-volt power. It shall be equipped with an air
conditioning unit to provide cooling in warm or hot weather, and a heater, properly
installed and vented in accordance with the National Fire Protection Association Code,
for heating in cold weather, as required. The Contractor shall make the necessary
arrangements to obtain telephone service and ENTERGY power required to operate the
air conditioning unit, lights, etc., and the power required for the heater, and shall bear the
Req. No. 054222
1500-1
cost thereof. The outside door of the building shall be equipped with butt hinges and a
cylinder lock. The window frames shall be equipped with iron security guards.
The Contractor shall provide a trailer equipped with a fire suppression system in
compliance with NFPA 13 anytime the trailer is to be inside or within 10 ft of a facility that
is equipped with a fire suppression system.
The trailer, shall be removed by the Contractor and remain his property after completion
of all work under this contract. No separate payment will be made for furnishing,
maintaining, providing the prescribed field office and utilities, but the cost of the same
shall be distributed throughout the existing bid items.
The Contractor shall provide daily janitorial services for this and any other of his
temporary buildings at the site throughout the life of the contract. The cost of this service
shall be distributed throughout the existing bid items and there will be no separate
payment.
3.05 Power and Lighting
Install circuit and branch wiring, with area distribution boxes located so that power and
lighting is available throughout the construction by the use of construction-type power
cords. Provide adequate artificial lighting for all areas of work when natural light is not
adequate for work, and for areas accessible to authorized personnel.
3.06 Temporary Toilets
Toilet accommodations for use by all workmen shall be furnished and maintained by the
Contractor. Keep these facilities clean and sanitary at all times. Provide sewer and
water connections, or use approved chemical toilets. Provide toilet tissue holders and
tissue. Installation shall be of a type approved by local Health Department authorities.
Remove toilets upon completion of work.
3.07 Construction Utilities
Contractor shall arrange for and pay the cost of water, fuel, electrical energy and
operating personnel required for temporary water, light, and power during the entire
period of construction. Contractor shall arrange and pay for electrical service as required
to provide light and power during the construction period, including any light deemed
necessary at storage areas and provide adequate artificial light wherever sufficient
natural light is lacking to properly execute the work. Contractor shall be invoiced and
shall pay Entergy directly for all electricity charges.
The Board’s Facility Services must approve of electrical connections and will notify
Entergy to install and release the electrical service meter in the Contractor’s name.
METERED TEMPORARY WATER SERVICE CHARGES
There are two types of allowable temporary water service metered connections:
Req. No. 054222
1500-2
a)
Contractor Furnished Meter: For the Contractor’s trailers, (and Engineer’s trailer if
required to be furnished by the contractor in the contract documents), the contractor shall
furnish and install his own water meter(s), size 1 inch diameter, maximum. If water
service is not needed for a construction trailer, or if not required in the contract
documents, the contractor is not required to furnish a meter. The contractor shall not
connect his water meter to trailers unless Facility Services is present to record the meter
size, meter number, and record the initial reading.
b)
Board Remote Meter: For all other remote water meters on the work site, the
contractor shall use only the Board’s meter, furnished and connected/disconnected by
Facility Services, only. NO EXCEPTIONS.
Each meter will be read monthly by the Board with the water usage unit cost being $4.00
per 1000 gallons. The rate is subject to change as the N.O. Sewerage & Water Board adjusts
its rates to the Board, or as in the best interest of the Board.
A monthly service fee of $40.00 will be charged for each trailer and remote water meter
used by the Board’s prime contractors. The connection fee for a Board remote meter is
$200.00 per meter. The disconnect fee for a Board remote meter is $200.00 per meter. The
charge for a damaged or lost Board remote meter will be $800 per meter. In the event a meter
is missing, the monthly usage charge to be assigned to the missing monthly reading will be the
largest of all previous monthly readings.
Prior to a Contractor’s request for water utility services, the Contractor must complete
and execute a “Water Utility Request” form and submit it directly to the Board’s Construction
Services. A copy of this form is available from Construction Services at 504-528-3288. The
Board’s Facility Services will not provide these forms, nor will they begin service until the form
has been completed and processed.
The Board will not provide a remote water meter or water utilities to subcontractors or to
any entity except the prime Contractor. All meters and water usage must be in the name of the
prime Contractor. The exchange or sharing of water meters between Contractors is prohibited,
as is the sharing of water with Board tenants.
Should the Contractor disconnect the construction trailer (and Engineer’s trailer) meter(s)
prior to the Board taking a final reading, he shall be assessed an estimated usage for the water
used since the time of the last reading.
DAMAGE TO EXISTING WATER SUPPLY NETWORK
The Contractor is responsible for reporting all water supply system (piping, valves, etc.)
damage due to his activities to the Board’s Facility Services at 504-528-3500 between the hours
of 7:00am and 2:00pm, Monday thru Friday. During other hours, report damages to the
designated Field Project Representative as designated by the Engineer. This will result in the
quickest response time for the Board’s water crew to shut-off water service to the damaged line.
Damage to the Board’s water supply network by the Contractor or his subcontractor’s
work force is a Contractor liability, provided the line is reasonably indicated on Board contract
drawings. The Contractor is required to make the repairs to the line and have the repairs
inspected by representatives of the Board’s Construction Services Department and the Facility
Req. No. 054222
1500-3
Services Department prior to requesting the water service restored. The Contractor will be
charged for Board labor and material expenses associated with the damaged line, as well as
the estimated water loss resulting from the damage, as given in the following table. Water loss
will be estimated from the size of the line and the duration of open flow as follows:
LINE SIZE
DIAMETER
COST PER MINUTE
FOR WATER LOSS*
4" and Smaller
$15.00
Between 4" and 12"
$50.00
12" and Greater
$95.00
* Based on the Board’s cost of water as of August 1, 2008.
If the line is not reasonably shown on the contract drawings, the Board will be
responsible for the Contractor’s costs associated with repairs and water loss, and will inspect
the line prior to returning the line to service.
All water usage charges will be invoiced monthly to the Contractor with back-up
documentation attached.
Construction Services will send to Accounting Services via the “Damage Report,” and
back-up documentation, all charges associated with damages to the Board’s water supply
network due to contractor activities. The Construction Services Manager will investigate the
nature of the water line breakage, and direct reimbursement from the Board’s contractor if
warranted. This will also be included in the monthly invoice, with back-up documentation
attached. For water piping network damages that are not a contractor responsibility, as
determined by the Construction Services Manager, the “Damage Report” will indicate that these
charges are not to be charged to the contractor.
3.08 Traffic Maintenance
Post flagmen as necessary for safety and to control vehicular traffic flow in the area of
construction operations and for safe transport of material deliveries on Port and
municipal streets.
4. TRUCKING
Load all trucks bringing materials to site or removing debris from site in a manner to prevent
dropping materials, earth or debris on public and Port streets, roads and highways.
Maintain an installation at all points where and when trucks enter or leave site to remove
materials, mud or debris immediately from public and Port streets, roads and highways.
Conform to all local regulations regarding load limits.
Req. No. 054222
1500-4
5. CLEAN-UP
Remove temporary work when the need for its use has passed. Clean space that was occupied
by temporary work. Contractor shall remove debris, rubbish and excess materials from site and
legally dispose of beyond Board’s property.
Repair damages caused by installation or use of temporary facilities.
furnished under this section of the specifications.
No pay item will be available for temporary facilities, field offices, utilities and operations.
Req. No. 054222
1500-5
INDEX
SECTION 2000 - ENVIRONMENT PROTECTION
____________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
____________________________________________________________________________
1.
SCOPE
2000-1
2.
QUALITY CONTROL
2000-1
3.
PROTECTION OF LAND RESOURCES
2000-2
4.
PROTECTION OF WATER RESOURCES
2000-2
5.
DISPOSAL
2000-3
6.
NOISE
2000-4
7.
2000-4
Req. No. 054222
2000-a
SECTION 2000 - ENVIRONMENT PROTECTION
1. SCOPE
The work covered by this section consists of furnishing all labor, materials and equipment
and performing all work required for the prevention of environmental pollution during and as
the result of construction operations under this contract except for those measures set forth in
other provisions of these Technical Specifications. For the purpose of this specification,
environmental pollution is defined as the presence of chemical, physical, or biological
elements or agents which adversely affect human health or welfare; unfavorably alter
ecological balances or importance to human life; affect other species of importance to man;
or degrade the utility of the environment for esthetic and recreational purposes. The control
of environmental pollution requires consideration of air, water, and land, and involves noise,
solid waste-management and management of radiant energy and radioactive materials, as
well as other pollutants.
2. QUALITY CONTROL
2.01 General
The Contractor shall establish and maintain quality control for environmental protection
to assure compliance with contract specifications and applicable environmental
regulations.
2.02 Applicable Regulations
In order to prevent, and to provide for abatement and control of any environmental
pollution arising from construction and/or demolition activities in the performance of
this contract, the Contractor and his subcontractors shall comply with all applicable
Federal, State, and Local laws, and regulations concerning environmental pollution
control and abatement.
The Board will obtain letters of no objection from the Corps of Engineers, Office of
Public Works and a permit from the Orleans Levee Board for the work, if required.
Contractor shall be in compliance with all applicable Federal, State, and Local
environmental laws. Industrial discharge permits if any are required, shall be obtained
by the Contractor from the Louisiana Department of Environmental Quality (LDEQ)
and/or U. S. Environmental Protection Agency (EPA). Contractor shall file for any
permits which may be required regarding National Pollutant Discharge Elimination
System. The Clean Water Act requires industrial and construction activities to obtain a
National Pollutant Discharge Elimination System (NPDES) permit. Included as part of
this permit's requirements is a storm water pollution prevention plan. This plan must
accompany the permit application for construction and/or demolition activities. It is the
Contractor's responsibility to obtain these required permits if they apply to this
construction and/or demolition project and store these documents on site, as well as
comply with all requirements of the storm water pollution prevention plan.
.
Further information and the complete final rule of the Clean Water Act NPDES
Program concerning construction and/or demolition activities can be found in the
following locations: September 9, 1992 issue of the Federal Register or at the
following website: http://www.deq.state.la.us/permits/lpdes/pldesgenpermits.htm
Req. No. 054222
2000-1
2.03 Notification
The Engineer will notify the Contractor in writing of any non-compliance with the
foregoing provisions and the action to be taken. The Contractor shall, after receipt of
such notice, immediately take corrective action. Such notice, when delivered to the
Contractor or his authorized representative at the site of the work, shall be deemed
sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the
Engineer may issue an order stopping all or part of the work until satisfactory
corrective action has been taken. No part of time lost due to any such stop order shall
be made the subject of a claim for extension of time or for excess costs or damages by
the Contractor. Any fines/penalties that are levied against the contractor or any
subcontractor as a result of failure to comply with the applicable federal, state or local
laws regarding environmental pollution control and abatement shall be the
responsibility of the contractor and/or applicable subcontractor.
2.04 Sub-Contractors
Compliance with the provisions of the section by subcontractors will be the
responsibility of the Contractor.
3. PROTECTION OF LAND RESOURCES
3.01 General
The land resources within the project boundaries and outside the limits of permanent
work performed under this contract shall be preserved in their present condition or be
restored to a condition after completion of construction that will not detract from the
appearance of the project. The Contractor shall confine his construction activities to
areas defined by the plans or specifications.
3.02 Post-Construction Clean or Obligations
The Contractor shall obliterate all signs of temporary construction and/or demolition
facilities such as work areas, structures, foundation of temporary structures, stockpiles
of excess or waste materials upon completion of construction.
3.03 Recording and Preserving Historical and Archeological Finds
All items having any apparent historical or archeological interests which are
discovered in the course of any construction activities shall be carefully preserved.
The Contractor shall leave the archeological find undisturbed and shall immediately
report the find to the Engineer so that the proper authorities may be notified.
4. PROTECTION OF WATER RESOURCES
4.01 Contamination of Water
The Contractor shall not pollute lakes, ditches, rivers, bayous, canals, waterways,
ground water, or reservoirs with fuels, oils, bitumen, calcium chloride, insecticides,
herbicides, or other similar materials harmful to fish, shellfish, or wildlife, or materials
which may be detrimental to outdoor recreation.
Req. No. 054222
2000-2
5. DISPOSAL
5.01 Disposal of Materials
The methods and locations of disposal of materials, wastes, effluents, trash, garbage,
oil, grease, chemicals, etc., shall be such that harmful debris will not enter lakes,
ditches, rivers, bayous, canals, waterways, or reservoirs by erosion, and thus prevent
the use of the area for recreation or present a hazard to wildlife. Storage and disposal
methods should be in accordance with applicable Federal, State and Local regulation.
Due to a knowledge of process creosote treated timber are assumed to be "nonhazardous" materials, but are considered solid waste, disposal of which can only be
done at an industrial landfill. All treated timber and piling that is not recycled shall be
disposed of at an industrial landfill according to LADEQ regulatory requirements and
Contractor shall provide manifest and disposal records to Engineer as proof. On all
treated timber and pilings that are recyclable by a State approved recycler, the
Contractor shall also provide manifest and transportation records to the Engineer as
proof for transfer of ownership.
All costs for testing, if required for disposal or
recycling of demolished materials, shall be provided by the Contractor at his expense.
5.02 Disposal of Non-Hazardous Debris
All debris resulting from operations on this contract shall be legally disposed of at an
off-site location. Documentation as to the landfill’s name, copy of the landfill’s permit,
the last five years of the landfill’s compliance history, insurance certificate for the
landfill, and product being disposed of shall be provided to the engineer.
5.03 Disposal of Hazardous and/or Regulated Solid Wastes
If any hazardous or solid wastes will be generated as a result of the Contractor’s
operations, the Contractor shall submit a plan that details the proper handling,
removal, transportation and disposal of such wastes. The plan shall identify what
types of hazardous and/or solid wastes will be generated and shall list the hazards
involved with each waste. The plan must also include the name of the disposal facility
to be utilized a copy of the disposal facility’s operating permit, the last five years of the
disposal facility’s compliance history, and the insurance certificate for the disposal
facility.
In addition, the Contractor is to provide documentation regarding the
transporter of any wastes to the Port for approval of the transporter.
This must
include the name of the transporter, EPA/DOT license of the transporter, and
insurance certificate for the transporter. All waste generated on-site by the Contractor
will be properly identified within 30 days of generation and disposed of within 90 days,
and the Contractor will sign all disposal manifests as the generator. All disposal
manifests will be provided to the Port for recordkeeping within fourteen (14) days after
disposal. The Contractor shall be responsible for any sampling and analyses that
may be required by the disposal facility(ies) for characterization purposes. Regulated
solid and hazardous wastes are these listed in the Louisiana Administrative Code
(LAC), Title 33, Environmental Quality, Part V and Part VII.
Regulated Solid Wastes: For the handling, removal, transportation and disposal of any
generated regulated solid wastes, the plan shall conform to the requirements of
Louisiana Administrative Code (LAC), Title 33, Environmental Quality, Part V, and
Solid Waste Regulation. Solid wastes shall be transported to a Federal and State
approved oil recycler, Industrial Type I Landfill, or Construction/Demolition Debris Type
III Landfill. The Contractor shall identify in the plan how he/she intends to dispose of
each solid waste. The plan shall include the name, address, licenses, five year
compliance history, and certifications of each disposal facility that will be used. If
disposal manifests are required, the Contractor shall sign them as the generator. The
Req. No. 054222
2000-3
Contractor shall be responsible for any sampling and analyses that may be required by
the disposal facility(ies) for characterization purposes. Licenses and certifications, as
well as the certificates of insurance of the transporter and disposal facilities shall be
included in the plan. The Contractor shall submit to the Engineer a completed copy of
any waste disposal manifests within fourteen (14) days after ultimate disposal.
6. NOISE
The Contractor shall adhere to the City of New Orleans Code of Ordinances, Chapter 66,
Article IV NOISE. Construction and demolitions activities shall not begin before 7 a.m. or
continue after 6 p.m. within 300 feet of residential zones. Construction and demolition
activities beyond 300 feet of residential zones shall not begin construction before 7 a.m. on
weekdays or before 8 a.m. on weekends nor continue after 10 p.m. on any day of the week.
See Article 7 of General Condition regarding prior approval to work nights, weekend, or
holidays.
In addition, the L maximum (as measured in accordance with the City ordinance) between the
hours of 7 a.m. and 10 p.m. shall not exceed 70 dBa.
furnished under this section of the specifications.
No pay item will be available for environmental protection.
Req. No. 054222
2000-4
INDEX
SECTION 2060 - DEMOLITION AND REMOVAL OF EXISTING STRUCTURE
___________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
____________________________________________________________________________
1.
SCOPE
2060-1
2.
REMOVAL LIMITS
2060-1
3.
AVAILABLE INFORMATION
2060-1
4.
HAZAROUS MATERIALS
2060-1
5.
EXISTING UTILITIES
2060-2
6.
REMOVAL METHODS
2060-2
7.
REMOVAL SEQUENCE
2060-2
8.
BLASTING
2060-2
9.
DISPOSAL OF STRUCTURAL MATERIAL
2060-2
2060-3
10.
Req. No. 054222
2060-a
SECTION 2060 - DEMOLITION AND REMOVAL OF EXISTING STRUCTURE
PART 1 - GENERAL
1. SCOPE
This work shall consist of furnishing all labor, equipment and materials for the removal and
disposal of the following existing items:
1) Existing timber fender piles, timber wales, bracing, walkway, steel and wire rope
handrail, and navigation lighting and conduit of the southwest fender to the
limits shown on the drawings
2) Southwest bridge rail to the limits shown on the drawings
2.
REMOVAL LIMITS
a. Southwest Timber Piles and Bridge Rail. All items listed in Nos. 1 and 2 of Section
2060.1, shall be removed in its entirety.
3.
AVAILABLE INFORMATION
a. General. Plans of the existing bridge and fender system are available for
inspection in the office of the Board, 1350 Port of New Orleans Place, New Orleans, LA. The
Board makes no guarantees that these items were actually constructed according to these
details, or to the present condition of the materials in the items to be removed. The
Contractor shall examine the structure and determine the difficulties attendant to the
performance of the work.
4.
HAZARDOUS MATERIALS
a. General. Refer to Article 53 of the General Conditions and Section 2000 of the
Specifications.
b. Lead in Existing Paint Coatings. Specifically, the Contractor is hereby notified that
the paint coating of the existing structure contains lead. Accordingly, the Contractor shall
comply with the following Federal regulations:
(1)
(2)
The OSHA Regulation “Lead Exposure in Construction” 29 CFR 1926.62
The EPA “Resource Conservation and Recovery Act of 1976" 40 CFR 240 280
(3)
The Clean Air Act, 40 CFR Subchapter C, Parts 50 - 99
(4)
The Clean Water Act, 40 CFR Subchapter D, Parts 100 - 149
The Contractor shall also comply with all State and Local Environmental Regulations
as they apply to this project.
Req. No. 054222
2060-1
Steel with red lead paint that is to be cut shall be sheared and not burned or torched
so as not to release harmful vapors. Hot cutting is acceptable only if the Contractor uses
proper lead removal procedures in the cutting zone.
c. Creosoted Treated Timber. The existing bridge structure and fender system
contains creosote treated timber. The Contractor shall comply with all local, state, and
federal regulations as they pertain to the disposal of creosoted timber and timber piling. Due
to knowledge of process creosote treated timber are assumed to be "non-hazardous"
materials, but are considered solid waste, disposal of which can only be done at an industrial
landfill. All treated timber and piling that is not recycled shall be disposed of at an industrial
landfill according to LADEQ regulatory requirements and Contractor shall provide manifest
and disposal records to Engineer as proof. On all treated timber and pilings that are
recyclable by a State approved recycler, the Contractor shall also provide manifest and
transportation records to the Engineer as proof for transfer of ownership.
All costs for
testing, if required for disposal or recycling of demolished materials, shall be provided by the
Contractor at his expense. Cost for environmental protection shall not be measured nor paid
for directly and shall be distributed throughout applicable bid prices.
5.
EXISTING UTILITIES
Refer to Article 50, Section (o) Underground Installations.
6.
REMOVAL METHODS
When removing existing structures, the Contractor shall use removal procedures that
will not adversely affect the existing bridge, fender system, operator’s house, or utilities in the
vicinity.
7.
REMOVAL SEQUENCE
See Article 49, Section (b) for provisions regarding the Sequence of Work.
8.
BLASTING
Blasting shall not be allowed.
9.
DISPOSAL OF MATERIAL
All materials shall become the property of the Contractor and shall be transported
away from the bridge site, and be legally disposed of in accordance with all Federal, State
and local environmental regulations. All materials removed from the IH-NC shall be
substantially free of earthen channel material before being transported from the bridge site.
Any earthen channel material removed from said demolition items shall be properly disposed
of in accordance with all Federal, State and local environmental regulations. The condition
of the channel bottom after each item of demolition is completed shall not be significantly
altered from its original condition and shall be satisfactory to the Engineer.
The methods and locations of disposal of materials, wastes, effluents, trash, garbage,
oil, grease, chemicals, etc., shall be such that harmful debris will not enter the IH-NC, the
MRGO, area ditches, and open canals. Disposal methods should be in accordance with
applicable Federal, State, and Local regulations. Due to a knowledge of process, creosote
treated timber and piling are assumed to be “non-hazardous” materials, but are considered
Req. No. 054222
2060-2
solid waste, disposal of which can only be done at an industrial landfill. All treated timber and
piling shall be disposed of at an industrial landfill according to LADEQ regulatory
requirements, and the Contractor shall provide manifest and disposal records to the Engineer
as proof. All costs for testing, if required for disposal of demolished materials, shall be
provided by the Contractor at his expense. The cost of environmental protection shall be
included in the price bid for the items removed.
10.
Removal and Disposal of Timber Piles. Payment will be included in the contract unit
price per each bid for “Item No. 2 – Removal of Southwest Fender Timber Piles”,
which price shall include the cost of the removal and disposal of existing timber piles,
and for all materials, equipment, labor, and incidentals necessary to complete the
work.
Removal and Disposal of Southwest Fender Timber Wales, Bracing, and Walkway,
Steel and Wire Rope Handrail, and Navigation Light Conduit. Payment will be
included in the contract lump sum price bid for “Item No.3 – Southwest Fender
Replacement”, which price shall include the cost of the removal and disposal of
existing timber fender wales, bracing, and walkway, steel and wire rope handrail, and
navigation light conduit, and for all materials, equipment, labor, and incidentals
necessary to complete the work.
Removal and Disposal of Southwest Bridge Rail. Payment will be included in the
contract unit price per linear foot bid for “Item No. 9 – Removal of Southwest Bridge
Rail”, price shall include the cost of the removal and disposal of the existing bridge rail
to the limits shown on the drawings, and for all materials, equipment, labor, and
incidentals necessary to complete the work. Measurement for payment will be made to
the nearest foot.
Req. No. 054222
2060-3
INDEX
SECTION 2112 - CLEARING AND GRUBBING
___________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
___________________________________________________________________________
1.
SCOPE
2112-1
2.
QUALITY CONTROL
2112-1
3.
GENERAL REQUIREMENTS
2112-1
4.
CLEARING AND GRUBBING
2112-1
5.
BACKFILLING OF HOLES
2112-1
6.
DISPOSAL OF DEBRIS
2112-2
7.
2112-2
Req. No. 054222
2112-a
SECTION 2112 - CLEARING AND GRUBBING
1. SCOPE
The work covered by this section consists of furnishing all plant, labor, equipment, and
materials, and performing all operations necessary for clearing and, grubbing and removing
the vegetation, debris and items specified herein or indicated on the drawings, for the
disposal of all cleared, grubbed and excavated materials, for filling of all holes caused by
these operations, as specified herein.
2. QUALITY CONTROL
The Contractor shall establish and maintain quality control for clearing and grubbing
operations to assure compliance with contract requirements.
3. GENERAL REQUIREMENTS
If regrowth of vegetation occurs after clearing and grubbing and before placement of base or
surfacing, the Contractor will be required to clear and grub the area again prior to placing the
new material, and no payment will be made for this additional clearing and grubbing.
4. CLEARING AND GRUBBING
Clearing and grubbing shall consist of the removal of all vegetation from the natural ground
and riverbank that is to receive new base, rip-rap, crushed stone fill, granular fill or other
surfacing. Clearing and grubbing shall also consist of the removal of the following items that
conflict with the required limits of the new work: roots; buried logs; debris on land and on the
riverbank; and any other unsuitable matter not designated to remain. All roots and other
projections over 1½ inches in diameter shall be removed to a depth of six (6) inches below
the bottom of the new material.
5. BACKFILLING OF HOLES
All holes caused by grubbing operations shall be backfilled with selected excavated material
(sand or stockpiled fill material) in twelve (12) inch layers to the elevation of the adjacent
ground surface or required line of excavation, and each layer compacted to a density at least
equal to that of the adjoining undisturbed material. All holes not immediately backfilled shall
have safety guards provided.
Sand or stockpiled backfill shall be select material; and shall contain no more than four
percent (4%) (total) of stumps, trees, roots, muck, organic material and debris of any kind.
Req. No. 054222
2112-1
6. DISPOSAL OF DEBRIS
6.01 General
Debris resulting from clearing and grubbing operations including all material removed
from the bank failure areas, shall be disposed of by removal from the site. No onsite
burning shall be permitted.
6.02 Removal from Site of Work
The Contractor shall remove all cleared and grubbed debris. Such disposal shall
comply with all applicable Federal, State, and Local laws. The Contractor shall, at his
option, either retain for his own use or dispose of by sale or otherwise, any such
materials of value. The Board is not responsible for the protection and safekeeping of
any materials retained by the Contractor. Such materials shall be removed from the
site of the work before the date of completion of the work.
Payment for clearing, grubbing, removal of material from the riverbank failure areas,
backfilling, and disposal of removed material shall be made at the contract lump sum price
bid for "Item No. 7 – Clearing and Grubbing," which price and payment shall constitute full
compensation for furnishing all plant, labor, equipment, and all other incidental work as
specified herein.
Req. No. 054222
2112-2
INDEX
SECTION 2220 – RIP RAP EROSION CONTROL
_______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
_______________________________________________________________________
1.
SCOPE
2220-1
2.
QUALITY CONTROL
2220-1
3.
RIP RAP
2220-1
4.
PLACEMENT
2220-2
5.
2220-2
Req. No. 054222
2220-a
SECTION 2220 – RIP RAP EROSION CONTROL
PART 1 - GENERAL
1. SCOPE
The work covered by this section consists of furnishing all plants, equipment, labor and
materials, and performing all operations necessary for installing rip rap in accordance with
these specifications and to the lines, grades, and thickness as shown on the drawings or as
directed.
In the use of mechanical equipment for unloading and spreading rip rap, the Contractor shall
exercise diligence and care in all work adjoining existing new construction and in case of
damage thereto, the Contractor shall repair and restore such damage, at Contractor's
expense, to a structural condition satisfactory to the Engineer.
Contractor shall place rip rap to the elevations shown on the drawing. Rip rap placement
shall begin in areas after piles have been driven.
2. QUALITY CONTROL
The Contractor shall establish and maintain quality control for rip rap installation to assure
compliance with contract requirements. Rip rap grades shall be checked after placement and
immediately prior to installation of precast concrete panels.
PART 2 - PRODUCTS
3. RIP RAP
Rip rap shall consist of pieces of broken stone or broken concrete which will not disintegrate
upon exposure to the elements or be easily broken from handling, and shall be reasonably
free from earth and other foreign materials.
Broken concrete used as rip rap shall have reinforcing materials cut off so as not to extend
more than two (2) inches beyond the faces of the pieces. Individual pieces of concrete shall
have no single surface measuring in excess of two (2) square feet in area, and the larger
dimension shall not be greater than five (5) times the smaller dimension. The broken
concrete shall be well graded by the Contractor within the limits set forth below. At least fifty
percent (50%) of the rip rap in each size range shall be larger than the medium size of that
range. Absorption of stone shall not exceed two percent (2%). Gradation of concrete rip rap
or stone shall be as follows:
Stone Weight
In Pounds
400 pounds
250 pounds
100 pounds
30 pounds
Req. No. 054222
2220-1
Percent Finer
By Weight
100 percent
70-100 percent
50- 80 percent
32- 58 percent
10 pounds
5 pounds
1 pound
0.1 pound
½" Dimension Minimum
22- 42 percent
15- 34 percent
2- 20 percent
0- 10 percent
5 percent
PART 3 - EXECUTION
4. PLACEMENT
The gouged shoreline on the southeast side of the bridge, as indicated on the Contract
Drawings, shall be filled with rip rap. Rip rap shall be placed on the prepared slope or area in
a manner which will produce a reasonably well-graded mass of stone with a minimum
practicable percentage of voids. The entire mass of stone will be placed to be in
conformance with the lines, grades, and thickness at one operation and to avoid displacing
underlying material. Placing of rip rap in layers, or dumping into chutes, or by similar
methods likely to cause segregation, will not be permitted.
Rip rap placement shall begin at the toe of the slope and proceed to the top of the slope.
Heavy deposited rip rap shall be placed and uniformly distributed over the areas. If
placement in water currents is required, the Contractor shall make drift checks and place rip
rap in such a manner as to compensate for drift. The Contractor shall furnish necessary
facilities and personnel for checking rip rap depth and distribution. The Contractor shall install
the rip rap uniformly over the surface of the slope within the limits indicated on the drawings
to provide a protective blanket of the minimum thickness.
The Contractor shall employ installation methods, equipment, etc., which minimize the
segregation of the rip rap material prior to, and during the course of the installation. In no
case will rip rap material be allowed to free fall through the air or water a distance of more
than 5 feet before reaching its installed position.
The Contractor shall insure that rip rap material is not allowed to accumulate so that it causes
slides, sloughing, or failure of the slope on which it is being placed.
Payment for riprap shall be made at the contract lump sum price for "Item No. 8 - Furnish and
Place Riprap," which price and payment shall be full compensation for furnishing all plant,
labor, materials, equipment, and all other incidentals as specified herein.
Req. No. 054222
2220-2
INDEX
SECTION 2360 - TREATED TIMBER PILES
_______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
________________________________________________________________________
1.
SCOPE
2360-1
2.
QUALITY ASSURANCE
2360-1
3.
MATERIALS
2360-1
4.
TREATMENT OF TIMBER PILES
2360-2
5.
PILE DRIVING
2360-4
6.
CUTOFF
2360-4
7.
HOLES IN TIMBER PILES
2360-5
8.
DEFECTIVE PILES, DAMAGE & REJECTION
2360-5
9.
PUNCHING
2360-5
2360-6
10.
Req. No. 054222
2360-a
SECTION 2360 - TREATED TIMBER PILES
PART 1 - GENERAL
1. SCOPE
This work consists of treating, furnishing and driving timber piles to conform with the details
shown on the drawings and in accordance with these specifications.
The Contractor shall evaluate the conditions that may be encountered during driving piles
during the course of the work.
2. QUALITY ASSURANCE
The Contractor shall establish and maintain quality control for pile driving operations to
assure compliance with Contract Specifications and maintain records of his quality control for
all construction operations including, but not limited to data on driving equipment and data on
accuracy of location, alignment and batter.
PART 2 - PRODUCTS
3. MATERIALS
Timber piles for the Southwest Fender, Dolphin replacement shall be new piles, and shall be
Southern Yellow Pine in accordance with ASTM D-25, with a minimum allowable
compressive stress of 4,321 psi parallel to grain for round long leaf Southern Pine meeting
ASTM D2555. All timber piles required for this contract shall be new.
Southern Pine piles shall be recently cut, not more than sixty (60) calendar days and no piles
shall be held in the woods or in a storage yard any considerable time without proper
protection against decay. (See American Wood Preserver’s Association Standard
Recommendation M1). The Board’s testing laboratory shall be furnished with adequate proof
on the time elapsed since cutting of the piles.
In case timber piles have been stored in sea water, barnacles and other forms of sea life shall
be removed. Timber piles showing attack by decay, insects or marine borers, regardless of
time since felling, will not be accepted. Timber piles with seasoning checks of such sizes as
will impair the strength and durability of the piles will not be accepted, regardless of the fact
that such checking has taken place naturally.
Timber piles shall be cut from sound, live trees only, excluding those appreciably damaged
by wind, blight, or fire. They shall have sound undamaged butts and tips, and shall be free
from any defects which impair their strength or durability as piles, such as decay, serious
splits, checks or shakes, large, loose or unsound knots, or large holes, or numerous knots or
holes, or excessive twist of grain.
Req. No. 054222
2360-1
Pine piles which have been scored for turpentine will be accepted, provided the scar does not
extend beyond 24 inches from the butt, and provided the scoring is of recent date, showing
the scar to be entirely sound and free from insect damage.
Timber piles shall be cut above the ground swell, and shall have a gradual taper from butt to
tip. Timber piles shall be free from short or reversed bends and crooks, and a line drawn
from the center of the butt end to the center of the tip shall lie within the body of the pile.
Other limitations of defects and requirements for straightness shall be those designated in the
latest revision of ASTM Specification D25.
Timber piles shall be furnished cut to the lengths shown in the contract drawings according to
the latest revision of ASTM D25, which permits a variation from the length specified as much
as plus 2'-0" for piles of 41 feet or longer, but the average length of all piles in each shipment
shall not be less than the length specified. The length of each pile shall be legibly marked on
the butt end.
Ends of butts and tips of timber piles shall be cut square, perpendicular to the axis of the
piles, and shall not be out of square by more than 1/10 inch per inch of diameter. All limbs
and knots shall be cut flush with the surface of the pile. Trimming at the butt end to reduce
the diameter to the maximum allowed shall be restricted to the last two feet and to the
sapwood.
All clean-peeled timber piles shall have at least 80% of inner bark removed, so that no
circumference shall show more than 20% of unpeeled surface, that there shall be no strips of
inner bark remaining over (1) inch wide by (6) inch long. Rough-peeled timber piles require
the complete removal of all outer bark.
Timber Pile Circumference and Diameters shall be as follows:
3 Ft. from Butt (Inches)
Min.
Max
Length, Ft. Cir. Dia. Cir. Dia.
70
85
90
41
41
41
13
13
13
63
63
63
20
20
20
At Tip Min. (Inches)
Cir.
Dia. (Approx.)
22
19
19
7
6
6
Measurements shall be taken with the bark removed. Diameter at 3 feet from butt
shall not exceed 20 inches. Tips shall not be smaller than stated in the table
above.
4. TREATMENT OF TIMBER PILES
All timber piles shall be treated with 2.5 CCA (Chromated Copper Arsenate), lbs. per cu. ft.
minimum retention solution conforming with AWPA Specification P-5.
Inspection of piles before treatment and of treatment at the plants will be under supervision of
the Board appointed testing laboratory and paid for by the Contractor. The Contractor shall
Req. No. 054222
2360-2
give full information in regard to the plant which will perform this work and the time when
inspection service is required, with adequate advance notice in all cases.
REQUIREMENTS
SOUTHERN PINE
1.3
CONDITIONING
Air-seasoning, or kiln drying, or
steaming
or
heating
in
the
preservative, or a combination
1.32
Steaming
Temp.-deg.F-Max
Duration.-hr.-Min
-Max.
245
Optional
17
Vacuum
Inches at sea
Level-Min
Duration
22
Optional
Heating in Preservative
Temp.-deg.F.-Max
Duration-hr.-Max
220
Optional
1.6
Incising
Not Required
2.
TREATMENT
2.23
Expansion Bath
Temp.-deg.F.-Max
220
2.24
Final Steaming
Temp.-deg.F.Max
Duration-hr.Max
Not Permitted
240
2
2.3
Pressure-lb.-Min
Max.
75
200
3.
RESULTS OF TREATMENT
3.1
Retention
Lb.Per cu. Ft-Min.
2.5
Water-borne Preservative
Chromated Copper Arsenate
1.33
The chromated copper arsenate (CCA) preservative shall meet the requirements of
ASTM D1625.
Req. No. 054222
2360-3
PART 3 - EXECUTION
5. DRIVING
The driving hammer for treated timber piles shall be a single acting steam or air hammer of
sufficient energy to assure penetrations as shown on drawings. Hammers shall be no larger
than a Vulcan No. 1, with a maximum energy of 15,000 ft. - lbs. per blow. They shall be
maintained in first-class condition and proper adjustment, and shall be operated at the
pressure needed for the best results. A driving head shall be provided, properly proportioned
and fitted to hold the top of the pile in the correct position with reference to the hammer and
distribute the blows from the ram over the entire top area of the pile, and having adequate
cushioning material to prevent damage to the pile, while holding energy loss to a suitable
minimum.
Timber piles shall be driven with equipment which will positively support the pile during
driving. Existing damaged timber piles shall be pulled and hauled away by the Contractor
immediately. They are not allowed to be dropped or be thrown into the water.
In all handling of the timber piles by the Contractor, in unloading, and throughout his work, he
shall prevent damage to the piles, avoiding the use of cant hooks, peaveys and picaroons on
the side surfaces, except at extreme ends. Nailing for temporary bracing or for other
purposes shall be only as necessary, and done in a way to reduce damage to a minimum.
Pile driving leads shall be constructed to allow unrestricted movement of the hammer, and
shall be held in true vertical or inclined positions, as required, by guys or stiff braces to insure
support of the pile during driving. Leads shall be of sufficient length so that a follower will not
be necessary under normal conditions. Leads shall be supported at the bottom and
stationary. The axis of the leads and hammer shall coincide with the axis of the piles as
nearly as practicable.
Jetting and the use of drop hammers, vibrating hammers, and followers for driving piles will
not be permitted.
All piles shall be installed by driving and shall be driven plumb or to the batter indicated in
one continuous operation, and in the required location. Piles shall be driven within 3 inches
of the plan location. Variations of more than 1/8 inch per foot from the vertical may be
subject to rejection by the Engineer. Any pile so out of line or plumb as to impair its
usefulness shall be pulled and/or an additional pile driven, as required by the Engineer. Piles
raised by the driving of adjacent piles shall be redriven to the required driving resistance.
6. CUTOFF
Before being cut off, piles must be checked for position. Piles must be securely held in
designated positions before being cut off. Cutoffs shall be guided with accurately set straight
edges and shall be horizontal.
All cutoff lengths of pilings shall become property of the Contractor and shall be removed
from the site immediately after being cut off, and not allowed to be dropped into the water or
be thrown in the water, or left on the bank, or elsewhere on the site of work. The Contractor
Req. No. 054222
2360-4
shall legally dispose of all cut-offs.
Cutoffs of timber piles shall be coated with three (3) applications of copper naphthenate
conforming to American Wood Preservers Association Specification P8.
After treating timber pile cutoffs, as specified, the Contractor shall apply a heavy trowel coat
of any high grade plastic waterproofing or roofing cement, of approved, well-known reputable
brand, intended for cold application, to be used as taken from packages without unauthorized
use of solvents. Alternately hot applied asphalt cement meeting ASTM Specification D 449,
Type B, of latest revision, may be used. Hot applied asphalt shall be carefully heated, so as
not to burn it, and poured over the cutoff. Plastic waterproofing shall be troweled on to fill all
cracks and depressions, and down the sides at least three (3) inches below cutoff. Over this
the Contractor shall secure, with at least 8, two (2) inch long galvanized roofing nails having
No. 10 shanks and 7/16 inch heads, No. 10 U.S. Standard Cotton Duck, previously saturated
with approved standard asphaltic-base waterproofing compound. Canvas used with asphalt
requiring hot application, shall be placed when asphalt is hot and tacky. Over this, the
Contractor shall apply a second coat of asphalt or waterproofing cement, as specified above,
to cover the canvas thoroughly. Finally, the canvas shall be covered with 24 gauge
galvanized sheet metal caps secured with 8 additional galvanized roofing nails.
7. HOLES IN TIMBER PILES
Holes in piles for through bolts shall be accurately located and in true alignment, just loose
enough for easily made snug fits. New and existing holes shall be treated before the bolts
are inserted with copper naphthenate forced into them with an approved Bolt Hole Treater.
Existing bolt holes that are to be abandoned shall be treated with copper naphthenate and
plugged with approved treated plugs. All new holes and existing holes to be reused for bolts
shall be filled with the same copper naphthenate forced into them before bolts are inserted,
using a suitable hand syringe or equally effective device for this purpose.
Three (3) coats of copper naphthenate shall be applied to cut areas on all piles whether new
or existing, all as herein specified.
8. DEFECTIVE PILES, DAMAGE AND REJECTION
Any pile so injured in driving or handling as to impair its structural capacity as a pile under
conditions of use shall be replaced by the Contractor with a new pile, as directed by the
Engineer.
9. PUNCHING
The driver shall be equipped for punching through obstructions. The Contractor shall include
without extra cost, as part of his equipment, a punch made up of H bearing pile or heavy wall
pipe section of sufficient size, strength and length to have a penetration depth of thirty (30)
feet below mud line. No direct payment will be made for this work should it become
necessary.
Req. No. 054222
2360-5
Payment for installing treated timber piles shall be included in the contract lump sum prices
bid for "Item No. 3 – Southwest Fender Replacement," and “Item No. 4 – Southwest Dolphin
Replacement.” Payment for installing treated timber pile clusters shall be included in the
contract unit price per each bid for “Item No. 5 – Replacement of Timber Pile Clusters.”
Which prices and payments shall be full compensation for the cost of furnishing, driving,
treating, inspection of treatment, cutoffs, cutoff protection, wire rope banding and u-bolts,
drilling holes for connections and retreating, and for all material, equipment, labor and
incidentals necessary for completing the work. Wire rope banding and u-bolts is defined in
“Section 5120, Para. 9 - Wire Strand and Wire Rope”.
Req. No. 054222
2360-6
INDEX
SECTION 2364 - STEEL PIPE PILES
_______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
_______________________________________________________________________
1.
SCOPE
2364-1
2.
SPECIFICATIONS
2364-1
3.
QUALITY CONTROL
2364-1
4.
MATERIALS
2364-1
5.
DRIVING EQUIPMENT
2364-1
6.
PILE DRIVING
2364-2
7.
PILE LOG
2364-3
8.
CUTOFF
2364-3
9.
SPLICES
2364-3
10.
DEFECTIVE PILES DAMAGE & REJECTION
2364-3
11.
PUNCHING
2364-3
12.
2364-4
Req. No. 054222
2364-a
SECTION 2364 - STEEL PIPE PILES
PART 1 - GENERAL
1. SCOPE
This work consists of furnishing and driving steel pipe piles to conform with the details shown
on the drawings and in accordance with these specifications.
The Contractor shall take all precautions to ensure that pile driving does not damage existing
piers or bridge spans or existing structures.
The Contractor shall evaluate the conditions that may be encountered during driving piles
during the course of the work.
2. SPECIFICATIONS
Steel pipe piling shall be furnished and driven in accordance with the plans and Section 804
of the 2006 Edition of the LADOTD Standard Specification for Roads and Bridges, except as
amended by this specification.
3. QUALITY CONTROL
The Contractor shall establish and maintain quality control for pile driving operations to
assure compliance with contract specifications and maintain records of his quality control for
all construction operations including, but not limited to data on driving equipment and data on
accuracy of location, alignment and batter.
PART 2 - PRODUCTS
4. MATERIALS
Steel pipe piles for the Southwest Dolphin Replacement shall be 12 ¾ - inch O.D. Schedule
80 pipe as shown on the plans. Pipe piles are to be cleaned and painted per the
requirements of Section 9900 of these specifications.
PART 3 - EXECUTION
5. DRIVING EQUIPMENT
Piles shall be driven with steam, air, or diesel powered hammers that develop sufficient
energy to drive the piles.
Jetting and the use of drop hammers and vibrating hammers will not be permitted.
5.1 Hammers
The Contractor shall furnish, within reasonable limits, the optimum type and size of pile
hammer for the type and size of pile and subsurface conditions at the site to drive the
Req. No. 054222
2364-1
piles. Should the Contractor provide an unsuitable hammer, or a hammer and
auxiliary equipment that caused damage to the piles, changes needed will be the
Contractor’s sole cost.
Steam or air hammers shall be furnished with boiler or air capacity at least 25 percent
above that specified by the manufacturers of the hammers to be used. The boiler or
compressor shall be equipped with an accurate pressure gage at all times. The valve
mechanism and other parts of steam or air hammers shall be maintained in first class
condition so that the length of stroke and number of blows per minute for which the
hammer is designed will be obtained. Inefficient hammers shall be removed from the
work.
Open-end diesel hammers shall be furnished with a calibrated scale which will enable
accurate observations of the stroke from ground level. As an alternate to observing
the stroke, a speed vs. stroke calibration may be used with the approval of the
Engineer.
Closed-end diesel hammers shall be furnished with a dial gage for measuring pressure
in the bounce chamber. The hose for the gage shall have sufficient length to enable
reading of the gage at ground level. The dial gage shall be calibrated to allow for
losses in the gage hose. The accuracy of the calibrated dial gage shall be verified
when directed by the Engineer during driving of the bearing piles, by ensuring that
cylinder lift occurs when the bounce chamber pressure is consistent with the maximum
energy given in the hammer specifications. Closed-end diesel hammers which do not
attain cylinder lift at the maximum energy-bounce chamber pressure relationship given
in the hammer specifications will not be permitted.
Air or steam hammers and diesel hammers shall be equipped with a suitable drive
head (or anvil) which will accurately and securely hold the top of the pile in correct
position with reference to the hammer and distribute the blows from the ram over the
entire top area of the pile.
5.02 Leads
Pile driving leads shall be constructed to allow unrestricted movement of the hammer,
and shall be held in true vertical or inclined positions, as required, by guys or stiff
braces to insure support of the pile during driving. Leads shall be of sufficient length
so that a follower will not be necessary under normal conditions. Leads shall be
supported at the bottom and stationary. The axis of the leads and hammer shall
coincide with the axis of the piles as nearly as practicable.
5.03 Followers
The use of followers for driving piles will not be permitted.
6. PILE DRIVING
All piles shall be installed by driving and shall be driven plumb or to the batter indicated in
one continuous operation, and in the required location.
Req. No. 054222
2364-2
Piles shall be driven within 3 inches of the plan location. Variations of more than 1/8 inch per
foot from the vertical may be subject to rejection by the Engineer. Any pile so out of line or
plumb as to impair its usefulness shall be pulled and/or an additional pile driven, as required
by the Engineer. Piles raised by the driving of adjacent piles shall be redriven to the required
driving resistance.
7. PILE LOG
The Contractor shall accurately mark steel pipe piles with bright paint at one-foot intervals
starting at the pile tip. The footage distance from the pile tip shall be marked every 5 ft. The
Contractor shall record pile driving data and provide a copy to the Engineer. For each pile, a
record will be kept by the Contractor showing pile location, identification, type, size, date
driven, hammer type, hammer blows per each foot of penetration, and final tip elevation.
8. CUTOFF
Before being cut off, piles must be checked for position. Piles must be securely held in
designated positions before being cut off. Cutoffs shall be guided with accurately set straight
edges and shall be horizontal.
All cutoff lengths of pilings shall become property of the Contractor and shall be removed
from the site immediately after being cut off, and not allowed to be dropped into the water or
be thrown in the water, or left on the bank, or elsewhere on the site of work. The Contractor
shall legally dispose of all cut-offs.
9. SPLICES
Steel pipe piles shall be furnished and driven with no more than two splices in the overall
length of pile. Splices shall be made by welding full penetration double V-groove welds in
accordance with AWS D1.1, latest edition. All welding shall be performed by certified
welders.
The Contractor is responsible for nondestructive testing using Ultrasonic testing procedures
on 100% of each pile weld splice.
10. DEFECTIVE PILES, DAMAGE AND REJECTION
Any pile so injured in driving or handling as to impair its structural capacity as a pile under
conditions of use shall be replaced by the Contractor with a new pile, as directed by the
Engineer.
11. PUNCHING
The driver shall be equipped for punching through obstructions. The Contractor shall include
without extra cost, as part of his equipment, a punch made up of H bearing pile or heavy wall
pipe section of sufficient size, strength and length to have a penetration depth of thirty (30)
feet below mud line. No direct payment will be made for this work should it become
necessary.
Req. No. 054222
2364-3
Payment for Steel Pipe Piles will be included in the contract lump sum price bid for “Item No.
4 - Southwest Dolphin Replacement”, which price shall include the cost of furnishing, driving
piles, splices, testing of welds, cut-offs, compiling the pile driving record, and for all material,
equipment, labor and incidentals necessary to complete the work. No payment will be made
for piles improperly located, driven or that are defective.
Req. No. 054222
2364-4
INDEX
SECTION 3300 - STRUCTURAL CAST IN-PLACE CONCRETE
________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
________________________________________________________________________
1.
SCOPE
3300-1
2.
SPECIFICATIONS
3300-1
3.
STRENGTH OF CONCRETE
3300-1
4.
MIX DESIGNS
3300-1
5.
MATERIALS
3300-1
6.
SAMPLING AND TESTING
3300-1
7.
CURING
3300-2
8.
REMOVAL OF FORMS AND FALSEWORK
3300-2
9.
FINISHED CONCRETE
3300-2
10.
BONDING TO EXISITING CONCRETE
3300-3
11.
REINFORCING STEEL
3300-3
12.
REINFORCING STEEL PLACEMENT
3300-3
13.
3300-4
Req. No. 054222
3300-a
SECTION 3300 - STRUCTURAL CAST IN-PLACE CONCRETE
PART 1 - GENERAL
1. SCOPE
This work consists of furnishing, mixing, placing, forming, curing, finishing, sampling,
transporting and testing concrete; and furnishing and placing reinforcing steel to be used
for construction of the reinforced concrete elements of the southwest dolphin details shown
in the drawings and in accordance with these specifications.
2. SPECIFICATIONS
All concrete shall conform to the requirements of Section 805, 806 and Section 901 of the
2006 Edition of the LADOTD Standard Specifications for Roads and Bridges for Class A
concrete, unless otherwise specified herein.
3. STRENGTH OF CONCRETE
Class A concrete shall have a 28-day minimum compressive strength of 3,000 pounds per
square inch.
PART 2 - PRODUCTS
4. MIX DESIGNS
The Contractor shall submit proposed mix designs for the specified Class A concrete for
review by the Engineer, prior to placing concrete.
5. MATERIALS
All materials shall conform to the LADOTD Standard Specifications and Qualified Products
List (QPL).
6. SAMPLING AND TESTING
All concrete testing for slump, air content, and compression strength shall be performed by
the Contractor. Test specimens shall be made in accordance with DOTD TR 226 from the
same concrete and cured under the same conditions as the portion of the work involved.
Specimens shall be tested in accordance with DOTD TR230. A copy of all test results shall
be submitted to the Engineer.
Req. No. 054222
3300-1
PART 3 - EXECUTION
7. CURING
All curing shall be done using potable water. The water of the IH-NC is brackish and shall
not be used.
7.01 Wet Curing
All concrete surfaces, when not protected by forms, shall be kept continually wet by
covering with a satisfactory material such as wetted burlap or wetted cotton mats, or
by other methods for a period of not less than seven days after concrete is placed.
When wood forms are left in place during the curing period, they shall be kept
sufficiently damp at all times to prevent openings at the joints and drying of the
concrete.
7.02 Hot Weather Curing
The temperature of concrete at time of placement should not exceed 90 F. When
the temperature of the concrete approaches 90°F., special efforts to prevent too
rapid drying out must be made.
Continuous wet curing is preferred and should commence as soon as the concrete
has hardened sufficiently to resist surface damage. Wet curing should be carried
out in accordance with the practice recommended above. Curing water should not
be much cooler than the concrete to avoid temperature change stresses resulting in
cracking. Exposed, uniform concrete surfaces shall be protected from wind and
direct sun.
8. REMOVAL OF FORMS AND FALSEWORK
In removing forms, care shall be taken not to crack or injure corners and projections.
Should such projections be damaged due to careless removal of forms, as much concrete
adjacent to the damaged portion shall be removed as the Engineer may direct, and
replaced at the Contractor's expense.
9. FINISHED CONCRETE
All concrete surfaces shall be true and even, free from honeycombing, stone pockets and
excessive depressions, projections and air pockets.
Top surfaces of concrete shall be brought to the required elevations, carefully tamped and
floated, and after initial set takes place, shall be wood float finished to a fine, clean, smooth
sanded texture. Mortar finishing will not be permitted. The top surface of the dolphin shall
be sloped to drain as shown on the drawings.
Req. No. 054222
3300-2
After the forms are removed, projecting fins shall be removed to form a smooth surface.
Surfaces which show honeycombing or excessive depressions and projections will not be
acceptable. Form tie rods or their ends shall be removed and all cavities resulting from
form ties and all other holes, honeycomb spots, broken corners or edges, or other defects
shall be thoroughly cleaned and, after having been kept saturated with water for not less
than three hours, shall be carefully pointed and touched up with a mortar of cement and
sand of the proportions used in the concrete.
Where anchor bolts are shown to be cast with the concrete, they shall be accurately set
and strongly braced against displacement before placing concrete, which shall be
thoroughly worked around them so as to give complete bearing and eliminate all voids.
10. BONDING TO EXISTING CONCRETE
Surfaces of existing concrete, to which required concrete is to be bonded, shall be cleaned
of foreign material and loose or unsound concrete. Existing concrete surfaces shall be
coated with a QPL approved Type I epoxy resin applied in accordance with the
manufacturer’s directions prior to placing the required concrete.
11. REINFORCING STEEL
All reinforcing steel shall meet the requirements of ASTM A615, Grade 60.
Reinforcing bars shall be of the full length shown on the drawings.
12. REINFORCING STEEL PLACEMENT
Reinforcing steel, before being positioned, shall be thoroughly cleaned of mill and rust
scale, dirt, grease or any coating that will tend to destroy or reduce the bond, and after
being placed, shall be maintained in a clean condition until completely embedded in
concrete. Reinforcing steel appreciably reduced in section shall be rejected.
Reinforcing steel shall not be bent or straightened in a manner that will injure the material.
Bars with kinks or bends not shown on the plans shall be rejected. Hot bending of
reinforcement will not be permitted.
Reinforcing steel shall be accurately positioned and secured against displacement by
using annealed iron wire ties or suitable clips, and shall be supported by concrete or metal
supports, spacers, or metal hangers. Metal clips or supports shall not be placed in contact
with forms or exposed surfaces. Where reinforcing is supported by concrete blocks, they
shall be a quality equal to the concrete into which they are to be incorporated and shall be
tapered to insure unyielding incorporation in the finished structure.
Exposed reinforcing steel intended for bonding with future extensions shall be protected
from corrosion.
Req. No. 054222
3300-3
There will be no measurement for concrete.
13.01 Southwest Dolphin Concrete
Payment for Southwest Dolphin Concrete will be included in the lump sum contract
price bid for “Item No. 4 - Southwest Dolphin Replacement”, which price shall
include the cost of furnishing, mixing, placing, curing, finishing, sampling,
transporting and testing concrete; furnishing and placing reinforcing steel; and all
forms and temporary bracing, material, equipment, labor and incidentals necessary
to complete the work.
Req. No. 054222
3300-4
INDEX
SECTION 5120 - STRUCTURAL AND MISCELLANEOUS METALS
_____________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
______________________________________________________________________
1.
SCOPE
5120-1
2.
SPECIFICATION
5120-1
3.
MATERIALS
5120-1
4.
WELDING
5120-2
5.
HIGH-STRENGTH BOLTS
5120-2
6.
GALVANIZING METALWORK
5120-2
7.
ERECTION
5120-2
8.
HANDRAIL
5120-2
9.
WIRE STRAND AND WIRE ROPE
5120-3
10.
REPAIR OF EXISTING STEEL STAIR AND WALKWAY
5120-3
11.
5120-3
Req. No. 054222
5120-a
SECTION 5120 - STRUCTURAL & MISCELLANEOUS METALS
1. SCOPE
The work covered by this section consists of furnishing, fabricating, transporting and
erecting structural and miscellaneous metals for construction of the southwest dolphin
replacement conforming with the details shown on the drawings and in accordance with
these specifications.
2. SPECIFICATIONS
All materials, workmanship, and erection for items listed above shall conform to the
requirements of Section 807 of the 2006 Edition of the LADOTD Standard Specifications
for Roads and Bridges, except as specified herein.
3. MATERIALS
The various items of steel and other metals used in the work shall conform to the following
specifications:
ASTM
Specification Designation
Items of Metals
Structural Carbon Steel with 36,000 psi
Minimum Yield
High Strength, Low Alloy Structural Steel
Plates for Bridges with 50,000 psi
Minimum Yield
Carbon Steel Threaded Bolts, Rods and Studs
High Strength Carbon Steel Bolts
Stainless Steel Bolts and Studs
Cast Iron
Zinc (Hot-Galvanized) Coatings on
Fabricated Steel
Zinc Coating (Hot-Dip) on Iron and
Steel Hardware
Pipe and Pipe Fittings (for Handrail only)
Pipe and Pipe Fittings (for Bridge Rail only)
Zinc Coated Steel Structural Wire Rope
Zinc Coated Steel Wire Strand
Carbon and Alloy Steel Nuts
Nuts (Other than High-Strength)
Hardened Steel Washers
Plain Steel Washers (For General Use)
Req. No. 054222
5120-1
A 709, Grade 36
A 709, Grade 50
A 307
A 325, Type 1
F 594
A 48
A 123
A 153
A 53, Schedule 40
A 53, Schedule 80
A 603, Class C Throughout
A 475, Common Grade
A 563, Grade D
A 563, Grade A
F 436, Type 1
F 844
4. WELDING
Welding shall conform to the "Structural Welding Code, D1.5" of the AWS. Weld filler
metal shall match base metal in strength and weathering properties. All welds shall be
made by the manual shielded metal-arc welding or submerged arc welding processes.
Electroslag and electrogas welding may not be used.
Non-destructive testing is required. Ultrasonic testing shall be required on 100 percent of
all V-groove welded joints. Fillet welds shall be examined visually throughout their entire
length. For each fillet weld location, a minimum of ten percent shall be tested using
Ultrasonic testing. Deficient or broken welds shall be corrected as directed by the
Engineer. The cost of NDT shall be included in each respective bid item.
Temporary and tack welds not remelted by subsequent submerged arc welds shall not be
permitted.
5. HIGH-STRENGTH BOLTS
A325 high-strength bolts shall be 7/8" diameter (unless noted otherwise), galvanized, with
bolting performed in accordance with the AISC Specification for Structural Joints Using
ASTM A325 Bolts, using the turn-of-the-nut method for tightening. A washer shall always
be used under the turning element of the bolted connection.
6. GALVANIZING Metals
All Metals designated on the plans or in these specifications to be galvanized shall be
galvanized in accordance with ASTM A123.
7. ERECTION
7.01 Repair and Cleaning Existing Bridge Rail
The Contractor shall be responsible for any damage to the existing bridge rail due to
his operations and shall repair and replace, in a manner satisfactory to the
Engineer, all portions of the bridge rail so damaged. The Contractor shall clean and
leave in a condition acceptable to the Engineer the surfaces of the existing bridge
rail that have been soiled or damaged.
8. HANDRAIL
Handrail for southwest fender replacement shall be as shown on the drawings and as
specified herein and shall be furnished and installed complete with all fittings, brackets,
base plates, fasteners, nails, anchors, and other appurtenances as shown and as required
for proper installation. Steel posts shall conform to ASTM A53, schedule 80.
Req. No. 054222
5120-2
9. WIRE STRAND AND WIRE ROPE
Zinc coated wire strand to be used for the southwest fender handrail shall be ½" diameter
1x7 conforming to ASTM A475 and having a minimum breaking strength of 7,400 pounds.
Zinc coated wire rope to be used to wrap the timber pile clusters shall be 3/4" diameter
6x19 IWRC conforming to ASTM A603 and shall have a Class C galvanized coating
throughout. Hardware consisting of forged wire rope u-bolts sized for the required rope
diameters shall be galvanized.
10. REPAIR OF EXISTING STEEL STAIR AND WALKWAY
The existing steel stair and walkway of the operator’s house that attaches to the southwest
fender shall be realigned and reattached to the repaired southwest fender with galvanized
in-kind fasteners. The existing handrail of the upper platform and stair shall be realigned
to clear each other. Damage to the galvanizing on the existing stair, platform or handrail
shall be repaired.
11. BRIDGE RAIL
Bridge rail for the damaged southwest bridge rail shall be as shown on the drawings and
as specified herein and shall be furnished and installed complete with all fittings, brackets,
base plates, fasteners, nails, anchors, and other appurtenances as shown and as required
for proper installation. All bridge railing shall conform to ASTM A53, schedule 80 pipe.
Bridge railing finish shall be hot dip galvanized.
Structural and Miscellaneous Metals will not be measured.
Payment for Structural and Miscellaneous Metals required for construction of the
Southwest Fender will be included in the contract lump sum price bid for "Item No. 3 Southwest Fender Replacement", which price shall include the cost of furnishing,
fabricating, galvanizing, delivering, and erecting the steel pipe posts and wire rope
handrail and u-bolt clips, and repairing the existing operator’s house stair and walkway;
and for all material, equipment, tools, and labor necessary to complete the work.
Southwest Dolphin will be included in the contract lump sum price bid for "Item No. 4 Southwest Dolphin Replacement", which price shall include the cost of furnishing,
fabricating, painting, galvanizing, delivering, placing and erecting all structural and
miscellaneous metals; and for all material, equipment, tools, and labor necessary to
complete the work.
Southwest Bridge Rail will be included in the contract unit price per linear foot bid for "Item
Req. No. 054222
5120-3
No. 6 - Southwest Bridge Rail Replacement", which price shall include the cost of
furnishing, fabricating, galvanizing, delivering, and erecting the bridge rail; and for all
material, equipment, tools, and labor necessary to complete the work. Measurement for
payment will be to the nearest foot.
Req. No. 054222
5120-4
INDEX
SECTION 5130 – RUBBER FENDERING ELEMENTS
________________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
________________________________________________________________________
1.
SCOPE
5130-1
2.
MATERIALS
5130-1
3.
QUALITY CONTROL
5130-2
4.
5130-2
Req. No. 054222
5130-a
SECTION 5130 - RUBBER FENDERING ELEMENTS
PART 1 – GENERAL
1. SCOPE
This work consists of furnishing, installing and connecting rubber fendering elements to the
required concrete dolphin to conform with the details shown on the drawings and in
accordance with these specifications.
PART 2 – PRODUCTS
2. MATERIALS
2.01 Buckling Column Elements
Buckling column element shall be Trellex No. E46013 or approved equal.
Elements shall be molded of rubber, homogeneous and free from any defect,
impurities, pores or cracks, bonded to integral, steel mounting plates. The steel shall
be fully encased in rubber, with minimum thickness of 1/16".
2.01.1
Element Rubber. The rubber from which the elements are molded shall
be natural conforming to one of the following ASTM D2000 line callouts:
3BA720 A14, B13, C12, EA14, F17
3BA620 A14, B13, C12, EA14, F17
2.01.2
Element Steel. The integral, steel mounting plates shall be of ASTM
A36, or stronger, steel.
2.01.3
Performance.
performance.
Each fender Element shall exhibit the following
Energy absorbed,
Reaction Force,
39 ft. kips
43 kips
The above ratings may be subject to a manufacturing tolerance of no greater than
±10%.
Each fender shall be capable of absorbing a horizontal shearing force equal to
30% of its rated reaction, while simultaneously absorbing the above-defined
minimum energy without exceeding the above-defined maximum reaction.
The minimum allowable fender standoff, at 120% of rated energy absorption is 16
inches, and the maximum allowable standoff, undeflected is 33 inches.
PART 3 – EXECUTION
Req. No. 054222
5130 1
3. QUALITY CONTROL
3.01 Fender Testing
Full scale Deflection tests must be conducted on ALL Buckling Column Elements to
be supplied. Each element should be fully compressed 3 times. The element shall
then be inspected to verify that there are no cracks, splits or delaminating of the
rubber from steel (bond failure).
3.02 Certifications
Submit to the Engineer a certified test report or certificate of conformance or
compliance, furnished by Akron Rubber Development laboratory, or recognized
independent domestic testing lab, attesting that each product or material furnished
under this specification meets the requirements herein.
Certified test report or certificate shall be furnished for:
1. Rubber compound
2. Steel
3.03 Manufacturer Qualifications
Manufacturer of Buckling Column Element shall have been in the business of
manufacturing molded/bonded, buckling type, rubber marine fenders for at least 10
years, and show proof of three installations, each having been in service at least five
years.
Rubber Fendering Elements will not be measured.
Payment for rubber fendering elements required for construction of the Southwest Dolphin
Replacement will be included in the contract lump sum price bid for “Item No. 4 - Southwest
Dolphin Replacement”, which price shall include the cost of furnishing, testing, installing,
attaching to dolphin cap and steel wales, and for all material, equipment, labor and
incidentals necessary to complete the work.
Req. No. 054222
5130 2
INDEX
SECTION 6110 - TREATED TIMBERS AND LUMBER
______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
______________________________________________________________________
1.
SCOPE
6110-1
2.
APPLICABLE PUBLICATION
6110-1
3.
QUALITY CONTROL
6110-1
4.
MATERIALS
6110-2
5.
CONSTRUCTION METHODS AND PROCEDURE
6110-3
6.
6110-5
Req. No. 054222
6110-a
SECTION 6110 - TREATED TIMBERS AND LUMBER
PART 1 - GENERAL
1. SCOPE
The work covered by this section consists of furnishing and installing treated timber and
lumber, and hardware necessary for the timber fender replacement, as described in these
specifications and as shown on the drawings.
2. APPLICABLE PUBLICATION
The following latest issues of the publications listed below, referred to thereafter by basic
designation only, form a part of this specification to the extent indicated by the references
below:
2.01 American Wood Preservers Association Specifications
C1 - Preservative Treatments by Pressure Processes - All Timber Products
C2 - Preservative Treatments of Lumber, Timbers, Bridge Ties and Mine Ties
by Pressure Processes
2.02 Southern Forest Products Association Grade #2 or Dense Grade 65
2.03 American Society of Testing and Materials
A-307
Steel for Bolts, Nuts and Washers
A-153
Galvanized Products
D-449
Asphalt, Damp proofing and Waterproofing
D-1625
Wolman CCA
D-1760
Pressure Treatment
3. QUALITY CONTROL
The Contractor shall establish and maintain quality control for timber treating operations to
assure compliance with contract specifications.
Req. No. 054222
6110-1
PART 2 - PRODUCTS
4. MATERIALS
4.01 Timber and Lumber
Southern pine timber and lumber shall be graded and dressed in accordance with
the latest issue of the Grading Rules for Southern Pine Lumber prepared by
Southern Pine Inspection Bureau of the Southern Pine Association.
4.02 Treated Lumber
Timber indicated on the Contract Drawings to be "CCA Treated" shall be treated
with 2.5 CCA (Cromated Copper Arsenate) per cu. ft. minimum retention solution
conforming with AWPA Specification P5.
Inspection of timber before treatment and of treatment at the plants will be under
supervision of the Board appointed testing laboratory and paid for by the Contractor.
The Contractor shall give fill information in regard to the plant which will do this and
the time when inspection service is required, with adequate advance notice in all
cases.
REQUIREMENTS
SOUTHERN PINE
1.3 CONDITIONING
Air-seasoning, or kiln drying,
or steaming or heating in the
preservative, or a combination
1.32
Steaming
Temp.-deg.F.-Max.
Duration-hr.-Min.
-Max.
245
Optional
17
Vacuum
Inches at sea
Level-Min.
Duration
22
Optional
Heating in Preservative
Temp.-deg.F.-Max.
Duration-hr.-Max.
220
Optional
1.6
Incising
Not Required
2.
TREATMENT
1.33
Req. No. 054222
6110-2
REQUIREMENTS
2.23
(Continued)
SOUTHERN PINE
Expansion Bath
Temp.-deg.F.-Max.
220
2.24
Final Steaming
Temp.-deg.F.-Max.
Duration-hr.Max.
Not Permitted
240
2
2.3
Pressure-lb.-Min.
Max.
75
200
3.
RESULTS OF TREATMENT
3.1
Retention
lb. per cu. ft.-Min.
2.5
Water-borne Preservative
Chromated Copper
Arsenate
Timber indicated on the Contract Drawings to be "CCA Treated" shall be treated
with ASTM D 1625 Chromated Copper Arsenate (CCA) to 2.5 pcf.
4.03 Hardware
All plates, angles, shackles, thimbles, and other miscellaneous steel shapes used in
the fender system shall comply with ASTM A36 and hot dipped galvanized as
described below.
All bolts, nuts and washers shall be new and of good quality medium steel meeting
requirements of ASTM A-307 of latest revision and shall conform to United States
Standard, for heads, nuts and threads, hot dip galvanized 2.0 ounces per square
feet in accordance with ASTM A-153 latest revision.
PART 3 - EXECUTION
5. CONSTRUCTION METHODS AND PROCEDURE
Treated timber construction shall be carried out in careful detail as shown and specified
and consistent with standards and recommendations of the AWPA. Special care shall be
observed not to injure treated materials by rough handling as with cant hooks, or in any
manner which would split or pierce them and expose untreated parts of the wood.
Req. No. 054222
6110-3
5.01 Cutting and Connections
The various pieces of timber and lumber shall be used as far as practicable in
lengths as received from the treating plant. Cutting and trimming shall be as
required by the framing details shown or specified. The cut or trimmed surfaces
shall be treated with three (3) coats copper naphthenate such as M-Gard 5520 by
Mooney Chemicals in accordance with details given herein.
Holes in timbers or piles for through bolts shall be accurately located and in true
alignment, just loose enough for easily made snug fits. New and existing holes
shall be treated before the bolts are inserted with copper naphthenate forced into
them with an approved Bolt Hole Treater. Existing bolt holes that are to be
abandoned shall be treated with copper naphthenate and plugged with approved
treated plugs.
Drift pins through stringers and caps shall be driven to about one-quarter inch
above the top surface to avoid danger of hammer indentations where water might
lodge. Drift pins in stringers may project not over one-eight inch or be set flush with
the surface. The hole shall be treated with waterproofing asphalt if hammer
indentations are found.
All cut surfaces of treated timber and lumber, without exception, shall be brush
treated with copper naphthenate with such additional requirements for the treatment
as are specified herein. All new holes and existing holes to be reused for bolts shall
be filled with the same copper naphthenate forced into them before bolts are
inserted, using a suitable hand syringe or equally effective device for this purpose.
Unless other details are called for in these specifications or on the drawings, one (1)
coat of copper naphthenate shall be used on the tops of all existing or reused
timbers and stringers that will be in contact with concrete deck, and three (3) coats
shall be applied to cut areas on all timbers and piles whether new or existing, all as
herein specified.
5.02 Cutoff Protection
Cutoffs of piles and tops of posts shall be coated with three (3) applications of
copper naphthenate conforming to American Wood Preservers' Association
Specification P8.
After treating applications specified, the Contractor shall apply a heavy trowel coat of any
high grade plastic waterproofing or roofing cement, of approved, well known reputable
brand, intended for cold application, to be used as taken from packages without
unauthorized use of solvents. Alternately hot applied asphalt cement meeting ASTM
Specification D 449, Type B, of latest revision, may be used. Hot applied asphalt shall be
carefully heated, so as not to burn it, and poured over the cutoff. Plastic waterproofing
shall be troweled on to fill all cracks and depressions, and down the sides at least three (3)
inches below cutoff. Over this the Contractor shall stretch and secure with at least 8, two
Req. No. 054222
6110-4
(2) inch long galvanized roofing nails having No. 10 shanks and 7/16 inch heads, No. 10
U.S. Standard Cotton Duck, previously saturated with approved standard asphaltic-base
waterproofing compound. Canvas used with asphalt requiring hot application, shall be
placed when asphalt is hot and tacky. Over this the Contractor shall apply a second coat
of asphalt or waterproofing cement, as specified above to cover the canvas thoroughly.
Finally, the canvas shall be covered with 24 gauge galvanized sheet metal caps secured
with 8 additional galvanized roofing nails.
5.03 Bracing and Wales
All bracing and wales shall be fitted carefully, blocked to good alignment and bolted
securely to piles with fastenings as indicated on the drawings, as specified in such a
manner as to have a minimum of six (6) inches clear end distance from the bolt.
In the placing of bracing, there shall be no cutting or dapping into timbers, especially
piles, but cast iron washers or substantial treated pine blocks shall be used to make
good connections. Each brace shall be bolted to each adjacent pile as indicated,
and cast iron ogee washers shall be used at each end of each bolt. Bolt holes shall
be filled with copper naphthenate (as described for this work) injected with a syringe
before inserting the bolts, and all cut surfaces shall be brush treated with three thick
coatings, applied between 170°F, and 190°F., with time intervening sufficient for the
previous coat to soak in.
5.04 Blocking and Chocks
Treated blocking and chocks of random thickness and dimensions shall be kept on
hand in good supply for building out connections to true alignment, for creating flush
surfaces and for shimming of bracing and wales to good bearing on piles. All such
blocking and chocks shall be well secured by bolting, spiking or nailing as dictated
by field conditions.
Payment for treated timbers required for construction of the southwest fender will be
included in the contract lump sum price bid for “Item No. 3 - Southwest Fender
Replacement”, which price shall include furnishing, installing, and treating timbers,
inspection of treatment, cutoffs, cutoff protection, all hardware and lumber, and for all
material, equipment, labor and incidentals necessary to complete the work.
Payment for treated timbers required for construction of the southwest dolphin will be
included in the contract lump sum price bid for “Item No. 4 - Southwest Dolphin
Replacement”, which price shall include furnishing, installing and treating timbers, all
hardware and lumber, and for all material, equipment, labor and incidentals necessary to
complete the work.
Req. No. 054222
6110-5
Payment for treated timbers required for construction of the timber pile clusters will be
included in the contract unit price bid for “Item No. 5 - Timber Pile Clusters”, which price
shall include furnishing, installing and treating timbers, all hardware and lumber, and for all
material, equipment, labor and incidentals necessary to complete the work.
Req. No. 054222
6110-6
INDEX
SECTION 9900 - COATINGS
______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
______________________________________________________________________
1.
SCOPE
9900-1
2.
SPECIFICATION
9900-1
3.
MATERIALS
9900-1
4.
SURFACE PREPARATION AND APPLICATION
9900-1
5.
9900-2
Req. No. 054222
9900-a
SECTION 9900 - COATINGS
PART 1 - GENERAL
1. SCOPE
This work consists of furnishing all labor, materials, plant and equipment, and performing
all operations in connection with the painting of all pipe piling, structural steel and
miscellaneous metalwork furnished under this contract. All work will be done in
accordance with Section 2000 (5.04) of the Specifications.
2. SPECIFICATION
Painting shall be in accordance with the drawings, the manufacturer’s recommendations,
and the Steel Structures Painting Council (SSPC), except as amended by the
specification.
PART 2 - PRODUCTS
3. MATERIALS
All non-galvanized metalwork shall be painted with one 2 mil coat of organic zinc-rich
primer SSPC Paint 20 TYPE II-ORGANIC and two 8-mil coats of Coal Tar EpoxyPolyamide paint, SSPC-SP 16, with the color of the first coat being red and the color of the
second coat being black, except steel pipe piling of the Southwest Dolphin Replacement
which shall only be painted above the plan elevation -32.0 NGVD, also steel designated to
be embedded in concrete shall not be painted.
PART 3 - EXECUTION
4. SURFACE PREPARATION AND APPLICATION
All paints shall be applied in accordance with SSPC Specifications for Paint Application PA1 and the manufacturer's recommendations.
Surface preparation shall be in
accordance with Steel Structures Painting Council (SSPC) Specifications SP 10 (Near
White Blast) latest revision. All sand and debris shall be removed from the freshly blast
cleaned steel with the use of compressed air. Any area marred during field erection shall
be repaired in accordance SSPC-PA 1; Section 5.2 and 7.2. The Contractor shall contain
removed paint and blast abrasives using vacuum blasting techniques or other means.
Surfaces of piling to be encased in concrete shall be masked before painting or shall be
blast cleaned in the field prior to concrete encasement.
Req. No. 054222
9900-1
No separate measurement or payment shall be made for all painting work performed and
for all materials furnished under this section of the specifications.
Payment for painting shall be included in the contract prices for the items on which the
work is performed.
Req. No. 054222
9900-2
INDEX
SECTION 16375 - ELECTRICAL WORK - EXTERIOR
______________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
______________________________________________________________________
1.
SCOPE
16375-1
2.
REFERENCES
16375-1
3.
MATERIALS
16375-1
4.
ON-SITE TESTING
16375-4
5.
16375-4
Req. No. 054222
16375-a
SECTION 16375 - ELECTRICAL WORK - EXTERIOR
PART 1 - GENERAL
1. SCOPE
This work consists of furnishing, installing, terminating, connecting and testing new
navigation lighting that is similar to the Southeast dolphin navigation lighting, as described
in this specification, and as detailed on the drawings. The navigation lighting shall consist
of the lamp fixtures, lamps, photocell, and relay, mounting bracket, all required boxes,
wiring, conduit and fittings to make a complete system. This work also consists of
replacing and reattaching the existing navigation lighting conduit as needed.
2. REFERENCES
The publications listed below form a part of this specification to the extent referenced. The
publications are referred to in the text by basic designation only.
2.01 References and Standards
All equipment shall be manufactured and installed in accordance with the
requirements of the applicable portions of the following standards:
2.01.1 Fire Protection Association, National Electrical Code, latest editions
2.01.2 National Electrical Contractors Association, NECA 1- latest edition,
Standard Practices for Good Workmanship in Electrical Contracting
PART 2 - PRODUCTS
3. MATERIALS
3.01 Lamp Fixtures
The lamp fixtures shall meet or exceed the following requirements:
3.01.1 Lamp fixtures shall have cast aluminum housings and red Fresnel glass
globes for 360 degree visibility. Globes shall be threaded, and shall
have a gasket.
3.01.2 Lamp fixtures shall have a threaded bottom hub (1 inch) for mounting.
3.01.3 Lamp fixtures shall have cast aluminum housing with natural finish.
3.01.4 Lamp fixtures shall accept traffic signal lamps with medium screw base.
Req. No. 054222
16375-1
3.02 Lamps
Lamps shall be clear, 116 watt, 120 volts AC, traffic signal lamps with a medium
screw base.
3.03 Photocell
The photocell shall meet or exceed the following requirements:
3.03.1 The enclosure shall be all lexan which is not affected by weather,
moisture or temperature.
3.03.2 The unit shall operate at 120 volts AC and shall have a single pole,
single throw (SPST) normally closed snap action contact to prevent
chatter and to illuminate all lighting in case of failure.
3.03.3 The unit shall have a delay of two minutes to prevent false switching.
3.03.4 The unit shall have a fixed base and shall be able to mount to outdoor
½ inch conduit fittings.
3.04 Transfer Relay
The relay shall meet or exceed the following requirements:
3.04.1 The relay shall be a UL listed power relay and shall operate at 120 volts
AC.
3.04.2 The relay shall have a minimum of two normally open, double post,
single throw (DPST) contacts which shall be rated at 30 amperes.
3.05 Mounting Bracket
The mounting bracket shall consist of a length of steel C4 x 7.25 channel and a 12"
x 12" x ½” steel base plate. One end of the channel shall be welded to the center of
the base plate. Four 9/16" holes shall be drilled in the base plate to accommodate
½” stainless steel Hilti Kwik Bolt II anchor bolts. The entire assembly shall be hotdip galvanized after fabrication.
3.06 Conduit Fittings, Conduit Bodies, and Device Boxes.
3.06.1 All conduit fittings shall be hot-dip galvanized steel. Minimum size shall
be ¾ inch.
Req. No. 054222
16375-2
3.06.2 Conduit bodies shall be hot-dip galvanized steel, and shall be provided
with gaskets and covers.
3.06.3 Device boxes shall be weather-proof, hot-dip galvanized steel, and shall
be provided with gaskets and covers.
3.06.4 The pilot light shall be a UL listed, NEMA 4, pilot light with a red fresnel
cap, and shall be a full voltage style designed for operation at 120 volts
AC.
3.07 Rigid Conduit
Rigid conduit and fittings shall be hot-dip galvanized steel per ANSI C80.1.
Minimum size shall be ¾ inch.
3.08 Flexible Conduit
Flexible conduit shall be liquid-tight with galvanized steel or aluminum core.
Flexible conduit shall be made liquid-tight by covering the metal core with a smooth,
abrasion resistant, liquid-tight polyvinyl chloride cover. All terminations and fittings
for flexible liquid-tight conduit shall be specifically designed for the purpose and
shall be liquid-tight.
Flexible conduit shall be used as the final connection to all obstruction lighting
fixtures. Minimum length of flexible conduit for such applications shall be 18 inches.
3.09 Wire
All wiring shall be type XHHW. Minimum wire size shall be 10 AWG. Only copper
conductors shall be used.
Wiring and cables shall be installed in such manner as to avoid nicks, abrasion or
other damage to the insulation.
Conductors shall be continuous and without splices or taps within conduit. Splices
shall be made in junction boxes.
Split-bolt connectors are not acceptable.
The installation of all wiring and cable shall comply with the above reference
Standard Practices for Good Workmanship in Electrical Contracting, as a minimum
basis for acceptable workmanship and practice, as well as the National Electrical
Code.
All mounting hardware shall be stainless steel.
Req. No. 054222
16375-3
4. ON-SITE TESTING
Prior to connecting loads and energizing the navigation light, the circuit shall be tested to
verify that the conductors of the circuit are free of short circuits and unintentional grounds.
Test transfer arrangement by removing each primary lamp and verifying proper operation
of indicator and secondary lamps.
Navigation Lighting will not be measured.
Payment for navigation lighting required in the construction of the Southeast Dolphin and
Fender will be included in the contract lump sum price bid for “Item No. 4 - Southwest
Dolphin Replacement”, which price shall include the cost of furnishing, installing and
testing the navigation lighting complete with all wiring, rigid and flexible conduit, fittings,
fixtures, lamps, photocell, relay, junction boxes, mounting bracket, hardware, splices and
attachments to the dolphin and timber walkway, replacing and reattaching the navigation
lighting conduit, and for all material, equipment, labor and incidentals necessary to
complete the work.
Req. No. 054222
16375-4
BOND
TO THESE PRESENTS NOW COMES AND INTERVENES
a Surety Company duly authorized to do and doing business in State of Louisiana, and the City of
New Orleans, (hereinabove and hereinafter sometimes referred to as Surety) and which binds and
obligates itself jointly, severally and solido, with said
Contractor herein, to and
in favor of BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS, in the sum of
Dollars ($
) for the faithful and satisfactory performance by Contractor of
all of the obligations assumed by, or imposed upon, Contractor in this agreement, and the payment
by Contractor for all work done, labor performed and material furnished under this agreement, in
accordance with the Louisiana Revised Statutes of 1950, Title 38, Section 2241, et sequitur, or as
the same may be otherwise supplemented and amended. The condition of this obligation is such
that if Contractor, shall well, truly, faithfully and satisfactorily perform all of the obligations assumed
by, or imposed upon, Contractor by this agreement, as provided for and included within the terms of
said Louisiana Revised Statues of 1950, and Contractor and all sub-contractors shall pay for all
work done, labor performed or materials or supplies furnished under said agreement, or for
transportation and delivery of such materials or supplies to the site of the job by a for hire carrier, or
for furnishing materials or supplies for use in any machines used in connection with said
agreement, then this obligation shall be null and void and of no effect; otherwise, it shall remain in
full force and effect, and no modifications, omissions, or additions, in or to the terms of said
agreement, or in or to the Plans, Specifications and Bid, or in the manner and mode of payment,
shall in any manner affect the obligations of Surety.
Surety hereby consents and yields to the jurisdiction of the Civil District Court in and for the
Parish of Orleans, State of Louisiana, and hereby formally waives any plea to the jurisdiction on
account of residence of domicile elsewhere, in the event of suit under this agreement and bond,
and Surety herein shall be limited to such defenses only as Contractor could make
Req. No. 054222
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiple originals in
New Orleans, Louisiana, on the dates hereafter set forth to be effective on the last date executed by
a party hereto.
PORT OF NEW ORLEANS
WITNESSES:
BY:______________________________
GARY P LAGRANGE
PRESIDENT & CEO
DATE: ___________________________
_____________________________________
_____________________________________
NAME OF CONTRACTOR
WITNESSES:
BY:______________________________
DATE:____________________________
_____________________________________
______________________________________
Req. No. 054222
ACKNOWLEDGMENTS
STATE OF LOUISIANA
PARISH OF ORLEANS
On this
day of
, 2009, before me personally came and
appeared Gary P. LaGrange, to me known, who being by me duly sworn, did depose and say that he is
the President and CEO of the Board of Commissioners of the Port of New Orleans, the political
subdivision of the State of Louisiana described in and which executed the foregoing contract; and that he
signed his name thereto pursuant to authority granted to him by the Board of Commissioners of Port of
New Orleans; and that said instrument is the full and free act and deed of Board of Commissioners of the
Port New Orleans.
And the said Gary P. LaGrange did further produce to me sufficient proof that he is the President
and CEO of said Board of Commissioners of the Port of New Orleans and that he was duly authorized by
Board of Commissioners of the Port of New Orleans to execute the foregoing instrument, and I, the
Notary Public, hereby certify that the signature of said Gary P. LaGrange on the foregoing instrument is
authentic.
______________________________________
______________________________________
_____________________
_________________
EXPIRATION DATE
STATE OF LOUISIANA
PARISH OF ORLEANS
On this
day of
, 2009, before me personally came and
appeared (REPRESENTATIVE OF COMPANY), to me known, who, being duly sworn, did depose and
say that he is the (TITLE) of (NAME OF COMPANY), described in and which executed the foregoing
contract; and that he signed his name thereto pursuant to authority granted to him by (NAME OF
COMPANY); and that said instrument is the full and free act and deed of (NAME OF COMPANY).
And the said (REPRESENTATIVE OF COMPANY) did further produce to me sufficient proof that
he is (TITLE) and that he was dully authorized by (NAME OF COMPANY), to execute the foregoing
instrument, and I, the Notary Public, hereby certify that the signature of said (REPRESENTATIVE OF
COMPANY) is authentic.
________________________________________
________________________________________
_____________________
Req. No. 054222
_______________
EXPIRATION DATE
BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS
NOTICE TO PROSPECTIVE BIDDERS ON
CONTRACT FOR
REPAIR OF SEPTEMBER 1, 2008 & JUNE 26, 2009 ALLISION DAMAGES
REQUISITION NOS. 054222 & 054229
WORK ORDER NOS. 4-730 & 4-722
October 19, 2009
FOR BIDS DUE ON
Friday, November 6, 2009
At 2:00 pm local time
Dear Sir or Madam:
Please note the following:
ADDENDUM NO. 1
Item No. 1
Delete in its entirety the original project information “INNER HARBOR-NAVIGATION
CANAL ALMONASTER AVENUE BRIDGE REPAIR OF SEPTEMBER 1, 2008
ALLISION DAMAGE”, “Requisition No. 054222”, and “Work Order No. 4-730” issued
with the October 8, 2009 contract documents, and replace with the new information
“INNER HARBOR-NAVIGATION CANAL ALMONASTER AVENUE BRIDGE
REPAIR OF SEPTEMBER 1, 2008 & JUNE 26, 2009 ALLISION DAMAGES”,
“Requisition Nos. 054222 & 054229”, and “Work Order Nos. 4-730 & 4-722” wherever
this information appears throughout the contract documents.
Item No. 2
INVITATION TO BID
Delete in its entirety the original INVITATION TO BID issued with the October 8, 2009
contract documents, and replace with the reissued INVITATION TO BID attached.
Page 1 of 3
REQ NOS. 054222 & 054229
Addendum No. 1
Item No. 3
BID FORM
Delete in its entirety the original BID FORM issued with the October 8, 2009 contract
documents, and replace with the reissued BID FORM attached.
Item No. 4
SPECIAL CONDITIONS – ARTICLE 45
Delete in its entirety the original ARTICLE 45 issued with the October 8, 2009 contract
documents, and replace with the reissued ARTICLE 45 attached.
Item No. 5
SPECIAL CONDITIONS – ARTICLE 50
Delete in their entirety pages 1 and 2 of the original ARTICLE 50 issued with the
October 8, 2009 contract documents, and replace with the reissued pages 1 and 2 and the
additional page 2a of ARTICLE 50 attached.
Item No. 6
Add Article 5121 – STRUCTURAL METALWORK, consisting of pages 5121-a and
5121-1 through 5121-4, between Article 5120 and Article 5130. This article is added for
Bid Items Nos. 11 through 13.
Item No. 7
Add drawings M3C-8016-1, M3C-8016-2, M3C-8016-3, and M3C-8016-4 to the contract
drawings. These sheets are added for Bid Item Nos. 10 through 13.
Page 2 of 3
REQ NOS. 054222 & 054229
Addendum No. 1
PORT OF NEW ORLEANS
ADDENDUM NO. 1
ACKNOWLEDGEMENT
This notice of Addendum No. 1 is sent to you with the last sheet in duplicate.
Upon receipt, please sign and clip one copy to your bid; and sign the other copy and
return promptly by mail or facsimile machine to the Board of Commissioners of the Port
of New Orleans Office.
FAX: 504-528-3445.
Very truly yours,
____________________________________
Randy P. Songy
Bridge Engineer
BOARD OF COMMISSIONERS OF
THE PORT OF NEW ORLEANS
NOTICE ACKNOWLEDGED:
_______________________________________
(Prospective Bidder)
By:____________________________________
Date:___________________________________
Page 3 of 3
REQ NOS. 054222 & 054229
Addendum No. 1
INVITATION TO BID
REPAIR OF SEPTEMBER 1, 2008 & JUNE 26, 2009
ALLISION DAMAGES
Board of Commissioners of the Port of New Orleans will receive sealed bids in the
Purchasing Department, 2nd floor, room 240, 1350 Port of New Orleans Place, New Orleans,
Louisiana 70130 on Friday, November 6, 2009, until 2 pm local time, for Requisition Nos.
054222 & 054229.
The work consists of two parts. For Work Order No. 4-730 Requisition No. 054222:
furnishing all labor, material and equipment to perform southwest dolphin, fender, handrail,
timber pile cluster and shoreline repairs as per the drawings and specifications provided in
this bid document. For Work Order No. 4-722 Requisition No. 054229: furnishing all labor,
material and equipment to perform structural repairs to the foundation of the Operator’s
House as per the drawings and specifications provided in this bid document. The site is
located at the Almonaster Avenue Bridge over the Inner Harbor-Navigation Canal in New
Orleans, Louisiana.
(Estimated Cost: $1,000,000 – $1,700,000).
All Bids must be in accordance with the Bidding Documents on file with the Port of New
Orleans.
Complete contract documents may be obtained at Contract Administration on the 2nd
floor, Room 203 at the above address upon a payment of a non-refundable fee of
$30 per set by check or money order only to the Board of Commissioners of the Port of
New Orleans. In accordance with LSA R.S. 38:2212 (A) (1) (e). Contract documents
may also be accessed at our Port Plan Room, Port of New Orleans Web Site at
www.portno.com under the “Doing Business with the Port” link.
If request for contract documents is made through U.S. mail or other delivery services, bidder
is requested to furnish a street mailing address and will be held responsible for service fees.
A pre-bid conference will be held on Friday, October 23, 2009, at 10 a.m. local time at the
site. Bidders are urged to attend.
Federal regulations require that persons seeking entry to secure areas of United States ports
must present a valid Transportation Workers Identification Credential (TWIC) card and must
maintain possession of the TWIC at all times in secure port areas.
Persons without the TWIC seeking entry to the below listed facilities of the Port of New
Orleans must be escorted into and remain in the presence of a person with a TWIC card in
order to attend pre-bid meetings on port property. Restricted areas include port property
between Felicity Street and Henry Clay Avenue, Alabo Street Wharf, Jourdan Road Wharf,
the Julia Street and Erato Street Cruise Terminals, and during cargo activities at Poland
Avenue Wharf and Governor Nicholls Street Wharf. See Section 1000 – General
Requirements.
Req. Nos. 054222 & 054229
IV
Page 1 of 3
Addendum No. 1
Proposal forms will only be issued to those contractors complying with State Licensing Laws
for Contractors, LSA R.S. 37:2163. On any bid submitted in the amount of $50,000 or more
the Contractor must hold a valid license issued by the Louisiana Licensing Board for
Contractors. This project is classified as heavy construction.
Objection to the required classification should be filed in accordance with Louisiana Revised
Statute LA R.S. 37:2163 as stated by the Louisiana State Licensing Board for Contractors.
Deposit of five percent (5%) of the bid by certified check, or cashier's check, or by bid bond is
required and the bidder to whom the contract is awarded shall also be required to furnish a
performance bond in the total amount of the bid. The bid bond must be furnished in
accordance with the requirements of LSA R.S. 38:2218 and the performance bond in
accordance with the provisions of LSA R.S. 38:2219.
Work in the amount of at least sixty percent (60%) of total amount of contract as awarded
shall be performed by Contractor at construction site, or within his own shop, plant, or yard
with his own employees.
The Board reserves the right afforded to it by Louisiana law to reject bids that do not conform
to the specifications as advertised or for any other reason in accordance with Louisiana law.
The Board, an equal opportunity public entity, invites and encourages minority-owned and
disadvantaged business companies to submit bids on its projects.
Hard copies of the contract documents are available for purchase. Electronic copies of the
contract documents are available to prospective bidders via our, Port Plan Room, Port of
New Orleans Web Site at www.portno.com. Contract documents may also be available via EMail to prospective bidders
For general information or for questions and requests for drawings please contact:
Fredrick (Fred) Brown, Manager of Contract Administration
Phone: (504) 528-3244
Technical questions should be addressed to the following:
Ralph J. Eppehimer, P.E.
Phone: (504) 524-4344
E-mail: [email protected]
Randy P. Songy
Port of New Orleans
Phone: (504) 528-3502
These individuals are not authorized to and shall not render legal opinions or advice. No
information will be given regarding the proper evidence of corporate authority as required in
this bid. Each bidder is advised to consult his own counsel for such information.
Req. Nos. 054222 & 054229
IV
Page 2 of 3
Addendum No. 1
Please be advised that these individuals are not the legal representatives of the Board.
Req. Nos. 054222 & 054229
IV
Page 3 of 3
Addendum No. 1
BID FORM
qualified thereunder. The furnishing of the Contract Documents to persons, firms, or
Bid of
License No. __________________________
Address
Classification _________________________
City _______________________________
__________________________
State
Zip _________________________________
Date
Telephone ___________________________
To:
Sirs:
dolphin, fender, handrail and timber cluster repairs, and structural repairs to the foundation of
the Operator’s House, together with all required miscellaneous and incidental work. The site is
Orleans, Louisiana, all as more particularly described under Article 45 and Article 50 (b), in
strict conformity therewith, and to the satisfaction of the Board for the following prices listed
opposite each bid item:
Req. Nos. 054222 & 054229
VI
Addendum No. 1
ITEM
NO
DESCRIPTION
APPROXIMATE
QUANTITY
UNIT
PRICE
ITEM
TOTAL
For Work Order No. 4-730 Requisition No. 054222
1.
Mobilization
Lump
2.
Fender Timber Piles
10
Each
3.
Southwest Fender
Replacement
Lump
Lump
$ _________
4.
Southwest Dolphin
Replacement
Lump
Lump
$ _________
5.
Timber Pile Clusters
Replacement
4
Each
$
Southwest Bridge Rail
Replacement
51
Lin. Ft.
$
7.
Clearing and Grubbing
Gouged Shoreline
Lump
Lump
$ _________
8.
Furnish and Place
Riprap
Lump
Lump
$ _________
9.
Bridge Rail
51
Lin. Ft.
6.
Lump
$
$ _________
__
$ _________
per each
__
$ _________
__
$ _________
per each
lin. ft.
$
__
$ _________
lin. ft.
10.
Mobilization
Lump
11.
Steel Piling
620
Lin. Ft.
Lump
$
$ _________
__
$ _________
lin. ft.
12.
Structural Steel
Lump
Lump
$ _________
13.
Repair Cantilevered Fender
Walkway Weld Connection
Lump
Lump
$ _________
TOTAL AMOUNT OF BID
(Sum of All Above Item including both Work Orders)-------- $_____________________
Req. Nos. 054222 & 054229
VI
Addendum No. 1
Proceed from the Board, and to complete all work within two hundred and seventy (270)
consecutive calendar days after date in said Notice to Proceed, subject to the assessment of
delay.
of Article 46.
Dollar($
)
Dollar($
or
).
Req. Nos. 054222 & 054229
VI
Addendum No. 1
____________________________________________________________________________
name of company
of _________________________________________________________________________
address of company
these documents.
therein.
____________________________________________________________________________
acknowledged.)
____________________________
(Bidder's Signature In Ink)
________________________________
(Title of Firm In Ink)
Req. Nos. 054222 & 054229
VI
Addendum No. 1
ART. 45 - QUANTITIES AND PRICES
The following clauses are intended only to define units of payment, being
supplemented by the detail specifications for full description of Contractor's obligations.
Prices stated in the bid are intended to cover full obligations of Contractor. Any and all
details not specifically mentioned but evidently included in the contract, shall be compensated
for in the item which most logically includes it, and it is understood that Contractor has
included cost of such detail in his unit price bid. Removal of scrap, debris, and all surplus
materials and clearing of the site during and after construction are paid for under the various
items to which they apply.
See Art. 44 for "General Conditions" pertaining to Engineer's Certificates, Payments
and Acceptances, particularly those parts of said Articles which pertain to unit price contracts.
Monthly estimates will be in proportion to the amount completed where a lump sum
applies to the item, or to units of work, or to units quantities completed to the date of
estimate.
The lump sum price bid for this item shall be as defined in “ARTICLE 44A MOBILIZATION” and shall apply only to the cost associated with Item Nos. 2 through 9, listed
below.
Item No. 2 – Removal of Southwest Fender Timber Piles
The unit price per each pile bid for this item shall be full compensation for all labor,
material, and equipment required to remove and dispose of the 10 southwest fender timber
piles and bracing, as defined in “Section 2060 – DEMOLITION AND REMOVAL OF
EXISTING STRUCTURES” of these specifications, as specified herein and as shown on the
drawings.
Req. Nos. 054222 & 054229
Special Conditions
Addendum No. 1
Item No. 3 – Southwest Fender Replacement
The lump sum price bid for this item shall be full compensation for all labor, material,
and equipment required to remove, dispose of the existing portion of the fender system, and
replace the timber fendering and timber walkway in its entirety, to realign existing steel
operator’s house stair and walkway attached to the fender walkway, and to remove, dispose
of, and replace the existing steel post and wire rope fender handrail, as defined in “Section
2060 – DEMOLITION AND REMOVAL OF EXISTING STRUCTURES”, “Section 2360 TREATED TIMBER PILES”, “Section 5120 – STRUCTURAL AND MISCELLANEOUS
METALS”, and “Section 6110- TREATED TIMBERS AND LUMBER” of these specifications,
as specified herein and as shown on the drawings.
Item No. 4 – Southwest Dolphin Replacement
and equipment required to replace the existing southwest dolphin, complete with a reinforced
concrete cap, steel pipe piling, timber piling, structural steel and timber wales, and navigation
lighting. as defined in “Section 2060 – DEMOLITION AND REMOVAL OF EXISTING
STRUCTURES”, “Section 3300 – STRUCTURAL CAST IN-PLACE CONCRETE”, “Section
5120 – STRUCTURAL AND MISCELLANEOUS METALS”, “Section 5130- RUBBER
FENDERING ELEMENTS”, “Section 6110- TREATED TIMBERS AND LUMBER”, “Section
9900 - COATINGS” and “Section 16375 – ELECTRICAL WORK - EXTERIOR” of these
Item No. 5 – Timber Pile Clusters Replacement
The unit price per each pile cluster bid for this item shall be full compensation for all
labor, material, and equipment required to construct four timber pile clusters which includes
the construction of two timber pile clusters located near the southwest dolphin and operator’s
house and two timber pile clusters located along the southwest fender walkway system,
which includes timber piles and hardware as defined in, “Section 2360 - TREATED TIMBER
PILES”, “Section 5120 – STRUCTURAL AND MISCELLANEOUS METALS” and “Section
6110- TREATED TIMBERS AND LUMBER” of these specifications, as specified herein and
as shown on the drawings.
Item No. 6 – Southwest Bridge Rail Replacement
The unit price per linear foot bid for this item shall be full compensation for all labor,
material and equipment required to remove, dispose of, and replace a portion of the existing
southwest bridge rail, as defined in, “Section 5120 – STRUCTURAL AND MISCELLANEOUS
METALS” of these specifications, as specified herein and as shown on the drawings.
Item No. 7 – Clearing and Grubbing Gouged Shoreline
The lump sum price bid for this item shall be full compensation for all plant, labor,
material, and equipment, and performing all operations necessary for clearing, grubbing and
demolition in the areas shown on the drawings, for disposing of the grubbed and demolished
materials, and for filling of holes caused by grubbing and demolition operations for removal
Req. Nos. 054222 & 054229
Special Conditions
Addendum No. 1
and disposal of riprap, shell, sand and miscellaneous material to facilitate the installation of
new work as defined in “Section 2112 – CLEARING AND GRUBBING” of these
Item No. 8 - Furnish and Place Riprap
The lump sum price bid for this item shall be full compensation for all labor, material
and equipment required for furnishing and placing riprap as defined in “Section 2220 – RIP
RAP EROSION CONTROL” of these specifications, as specified herein and as shown on the
drawings.
Item No. 9 – Removal of Southwest Bridge Rail
material, and equipment required to remove and dispose of a portion of the southwest bridge
rail, as defined in “Section 2060 - DEMOLITION AND REMOVAL OF EXISTING
STRUCTURES” of these specifications, as specified herein and as shown on the drawings.
The lump sum price bid for this item shall be as defined in “ARTICLE 44A MOBILIZATION” and shall apply only to the cost associated with Item Nos. 11 through 13,
listed below.
Item No. 11 – Steel Piling
material, and equipment required to install the steel piling, as defined in “Section 5121 –
STRUCTURAL METALWORK” of these specifications, as specified herein and as shown on
the drawings.
Req. Nos. 054222 & 054229
Special Conditions
Addendum No. 1
Item No. 12 – Structural Steel
and equipment required to install the structural steel, as defined in “Section 5121 –
STRUCTURAL METALWORK” of these specifications, as specified herein and as shown on
the drawings.
Item No. 13 – Repair Cantilevered Fender Walkway Weld Connection
and equipment required to repair the cantilevered fender walkway weld connection, as
defined in “Section 5121 – STRUCTURAL METALWORK” of these specifications, as
specified herein and as shown on the drawings.
Req. Nos. 054222 & 054229
Special Conditions
Addendum No. 1
SPECIFICATIONS
FOR
REPAIR OF SEPTEMBER 1, 2008 & JUNE 26, 2009
ALLISION DAMAGES
ART. 50 - GENERAL SPECIFICATIONS
(a) Extent of Entire Project
The project consists of furnishing all labor, material and equipment for work to be
performed under thirteen separate bid items together with all required miscellaneous and
incidental work for the Port of New Orleans Almonaster Avenue Bridge (L&N Railroad Bridge)
at the Inner Harbor-Navigation Canal described as follows:
Bid Item Nos. 1-9
The scope of work to be performed under these bid items consists of the
removal, repair, and replacement of the southwest fender, dolphin elements and bridge
rail damaged due to a vessel allision during Hurricane Gustav, which includes the
removal, disposal, and replacement of the existing timber piles, and navigation lighting;
the removal, disposal, and replacement of the existing timber fendering and timber
walkway; the removal, disposal, and replacement of the existing damaged bridge rail;
the construction of four timber pile clusters located near the southwest dolphin and
operator’s house, which includes timber piles, wire rope banding, and hardware; the
realignment of the existing steel operator’s house stair and walkway attached to the
fender walkway; the removal, disposal, and replacement of the existing steel post and
wire rope fender handrail; and the clearing, grubbing and placing of riprap along gouged
shoreline on southeast side of bridge.
Bid Item Nos. 10-13
The scope of work to be performed under these bid items consists of the repair to
the foundation of the Operator’s House due to a vessel allision on June 26, 2009, which
includes furnishing, weld splicing, weld splice testing, driving, and painting of steel Hpiles; the furnishing, fabricating, installing, welding and painting of structural steel
connecting the new H-piles to the existing foundation; and the welding, weld testing,
and painting of the cracked connection of the Operator’s House Foundation steel H-pile
to the steel cantilevered walkway.
No other contract which would in any way interfere with work under this contract is
contemplated to be in progress at the site concurrently with this contract. Other repair work to
the adjacent operator house is to be conducted under separate contract prior to this Contract
work.
The Contractor shall schedule and conduct his operations in such a manner as to cause
the least possible inconvenience to tenants, thereby permitting the Board and the Board's
Req. No. 054222 & 054229
Special Conditions
Article 50 - Page 1
Addendum No. 1
tenants to conduct their operations in a satisfactory manner throughout the contract period.
(b) General Requirements
The Contractor shall furnish any and all work and materials incidental to the items listed
above and as may be indicated on the drawings or in these specifications as necessary to
complete the project in full compliance with the contract documents.
In general, the work under this contract consists of furnishing all materials and labor,
and performing all work required (except as otherwise provided in Article 50(d)) for completing
the work shown on the drawings and called for in these Contract Documents. The work
essentially consists of but is not limited to the following:
Replacing the southwest dolphin and fender system.
Removing and replacing bridge railing at the south walkway.
Replacing timber pile clusters.
Removing and replacing southwest timber walkway and fender system.
Clearing, grubbing and placing of riprap at the southeast side gouged shoreline
Repair Foundation of the Operator’s House.
In addition to the work and material listed above, Contractor shall furnish any and all
work and material incidental to the items listed above and as may be indicated on the drawings
or in these specifications as necessary to complete the project in full compliance with the
Contract Documents.
Contractor shall accept the work site as found at commencement of “on-site” work, and
he shall verify the scope of all work and all dimensions and details in the field and report any
discrepancies noted to the Engineer.
All work shall be done as described in the specifications and shown on the drawings,
and in strict accordance therewith, to the satisfaction of the Engineer.
The Contractor shall lay out all work, check overall dimensions against intermediate
dimensions, check and verify existing measurements and refer discrepancies, if any, to the
Engineer for direction.
The Contractor shall install, maintain and remove all construction equipment and
auxiliary devices, and shall be responsible for the safe, proper, and lawful maintenance of
same. The Contractor will be held responsible for any loss of materials on the site or
incorporated in the construction and site including vandalism, theft and malicious mischief
within his limits of work as indicated on the Contract Drawings. Any losses involved, damages,
etc. occurring shall be replaced or restitution made agreeable to the Board, as the case may
Req. No. 054222 & 054229
Special Conditions
Article 50 - Page 2
Addendum No. 1
be, at no cost to the Board, until completion and acceptance of the work.
The Construction Industry, OSHA Safety and Health Standards (29) CFRR 1926/1920),
U.S. Department of Labor, Occupational Safety and Health Administration Revised 1987
publication OSHA 2207 shall be made part of these specifications and contract requirements
for the construction and occupancy by the Board.
(c) Board’s Drawings and Specifications
Copies of data furnished by Board or Engineer to Contractor or Contractor to Board or
Engineer that may be relied upon are limited to the printed copies (also known as hard copies).
Files in electronic media format of text, data, graphics, or other types are furnished only for the
convenience of the receiving party. Any conclusion or information obtained or derived from
such electronic files will be at the user’s sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
Req. No. 054222 & 054229
Special Conditions
Article 50 - Page 2a
Addendum No. 1
INDEX
SECTION 5121 - STRUCTURAL METALWORK
_____________________________________________________________________
PARA.
PAGE
NO.
PARAGRAPH TITLE
NO.
______________________________________________________________________
1.
STRUCTURAL METALWORK
5121-1
2.
PAINT
5121-1
3.
WELDING
5121-2
4.
PILING
5121-2
5.
SEQUENCING
5121-3
6.
PILE DRIVING OBSTRUCTIONS
5121-3
7.
5121-3
Req. Nos. 054222 & 054229
5121-a
Addendum No. 1
SECTION 5121 - STRUCTURAL METALWORK
1. STRUCTURAL METALWORK
All steel required for repairs shall be ASTM A572, Grade 50.
Structural metalwork shall be painted as prescribed in the “PAINT” section of this work
package.
2. PAINT
The paint system for all new steel shall be one 2 mil coat of organic Zinc-Rich primer
(SSPC-PAINT 20 TYPE II-ORGANIC) and two 8 mil coats of Coal Tar Epoxy-Polyamide
paint (SSPC-PAINT 16). Surface preparation shall be “NEAR-WHITE BLAST CLEANING”
(SSPC-SP 10). Any new or existing metalwork surfaces that are marred during shipping
and handling or other construction operations shall be touched up according to SSPC-PA
1, sections 5.2 and 7.2 using paint in compliance with these specifications. The Contractor
shall provide the paint manufacturer’s product specifications in advance for review and
approval.
a. All new steel, prior to erection, shall be near-white blast cleaned. All sand and
debris shall be removed from the freshly blast cleaned steel members with the use
of compressed air, and a 2 mil coat of organic zinc-rich primer shall be applied to
the steel per the manufacturer’s recommendations except for within 4 inches of field
welds.
b. Mask within 4 inches of field welds.
c. Apply two 8 mil coats of Coal Tar Epoxy per the manufacturer’s recommendations.
d. Remove masking from areas to be field welded prior to installing steel struts in the
field, taking precautions not to damage the three coat system.
e. After all new steel has been installed, welded, and inspected; the Contractor shall
then remove all oils and debris from the newly installed steel. Paint all field welded
areas and any coated areas damaged during erection with the three coat system.
All paint applied in the field shall be applied per the manufacturer’s instructions and in such
a manner as to prevent paint from damaging rail traffic or marine traffic.
The Contractor shall contain removed paint and blast abrasives. This may be
accomplished by vacuum blasting techniques or other means.
Galvanized surfaces such as railings and grating damaged during construction shall be
wire brushed to remove loose and cracked coating and a cold galvanizing compound
selected from the LADOTD Qualified Products List shall be applied.
Req. Nos. 054222 & 054229
5121-1
Addendum No. 1
The Contractor is hereby warned that the paint coating of the existing structure may
contain lead, cadmium, chromium or cobalt. Accordingly, the Contractor shall
comply with all federal, state, and local regulations regarding disturbance of these
materials. Specifically, the Contractor shall comply with the following federal
regulations:
The OSHA Regulation "Lead Exposure in Construction" 29 CFR 1926.62
The OSHA Standard 29 CFR 1926.1127 Occupational Exposure to Cadmium in the
Construction Industry
The EPA "Resource Conservation and Recovery Act of 1976" 40 CFR 240 through
280
The Clean Air Act, 40 CFR Subchapter C, Parts 50 through 149
The Clean Water Act, 40 CFR Subchapter D, Parts 100 through 149
3. WELDING
All welding shall be done in accordance with AWS D1.1-08. Welding shall be done with
E7018 electrodes. All welding shall be performed by certified welders. All welds shall
undergo nondestructive testing using Ultrasonic testing procedures. If testing shows that
welds require repair, repairs shall be performed in accordance with Section 5.26 of AWS
D1.1-08. Furthermore, repairs to rejected welding of splices in piling shall be performed
prior to further driving of piling. All weld testing shall be performed by a qualified third
party, and the cost of this testing and possible repairs shall be included in lump sum prices
of Item 12 and 13 and unit price of Item 11.
4. PILING
Structural steel H-piles shall be HP14x89, ASTM A572, Grade 50.
Contractor shall take all precautions to ensure that pile driving does not damage existing
structures.
Piles may be set in position with a template.
templates.
No direct payment will be made for
The Engineer will determine the acceptability of piles that attain absolute refusal above the
minimum tip elevation shown on the plans. Any pile so injured in driving or handling as to
impair its structural capacity as a pile under conditions of use shall be replaced by a new
pile, as directed by the Engineer. Reference elevations are assumed. Piles shall be
driven to the pile tip elevation shown on the plans unless the penetration per blow
indicates a bearing value less than required. The piling shall not be driven deeper than the
minimum tip elevation, unless directed by the Engineer.
Steel H-piles shall be driven and furnished with no more than two splices in the overall
length of the pile. Splices of piles shall be made by welding full penetration groove welds
Req. Nos. 054222 & 054229
5121-2
Addendum No. 1
in accordance with AWS D1.1, latest edition.
testing using Ultrasonic testing procedures.
All welds shall undergo nondestructive
The Contractor shall locate existing utilities in the area prior to pile driving, and shall
contact Louisiana One Call a minimum of 48 hours in advance of pile driving.
Piling shall be painted as prescribed in the “PAINT” section of this work package and on
Drawing No. M3C-8016-2.
All items of demolition shall be removed from the bridge site, and properly disposed of by
the Contractor.
Verify in the field all dimensions required for construction of the work. Reference elevations
are assumed.
5. SEQUENCING
The schedule for all work shall meet the approval of the Board.
No marine traffic closures are anticipated. If needed, the Contractor shall provide the
Board with 30 days advance notice of any requested marine traffic closures. The
Contractor is expected to perform all possible work in advance of any marine traffic closure
period to minimize the work during the closure.
No rail traffic closures are permitted. The Contractor shall not interrupt rail traffic during
performance of the work. A CSX Transportation flagman will be provided at the Railroad’s
discretion, at no cost to the Contractor. The Contractor shall comply with the Railroad’s
requirements in regard to maintaining clear distance from the railroad track during
construction activities, including storage of materials, placement of equipment, and
activities of personnel.
6. PILE DRIVING OBSTRUCTIONS
It shall be the Contractor’s responsibility to temporarily remove the upper level walkway
along the East and South faces of the Operator’s House prior to the pile driving work, and
to subsequently replace this walkway once that work is completed. Also, the upper level
walkway that supports the stairway along the West face of the Operator’s House shall not
be removed, but may be modified only as necessary to accommodate the driving of the
center pile along the South face of the Operator’s House foundation. Upon completion of
the work, the walkway shall be returned to its original condition and configuration.
Payment for Structural Metalwork required for installation of the steel piling will be included
in the contract unit price per linear foot bid for “Item No. 11 – Steel Piling”, which price shall
consist of furnishing, weld splicing, weld splice testing, driving, and painting steel H-piles,
and includes all material, equipment, labor, and incidentals necessary to complete work as
prescribed herein. For location and details of Item No. 11, see Dwg. Nos. M3C-8016-3
and M3C-8016-4.
Req. Nos. 054222 & 054229
5121-3
Addendum No. 1
Payment for Structural Metalwork required for installation of the structural steel struts will
be included in the contract lump sum price bid for “Item No. 12 – Structural Steel”, which
price shall consist of furnishing, fabricating, installing, welding and painting of the
Operator’s House foundation steel pile connection struts, and includes all material,
equipment, labor and incidentals necessary to complete work as prescribed herein.
Welding shall conform to AWS D1.1, latest edition. For location and details of Item No. 12,
see Dwg. Nos. M3C-8016-3 and M3C-8016-4.
Payment for Structural Metalwork required for the repair of the cantilevered fender
walkway connection will be included in the contract lump sum price bid for “Item No. 13 –
Repair Cantilevered Fender Walkway Weld Connection”, which price shall consist of
welding, weld testing, and painting the cracked connection of the Operator’s House
Foundation steel H-pile to the steel Cantilevered Walkway, and includes all material,
equipment, labor, and incidentals necessary to complete work as prescribed herein. For
location and details of Item 13, see Dwg. No. M3C-8016-3.
Req. Nos. 054222 & 054229
5121-4
Addendum No. 1
NOTICE TO PROSPECTIVE BIDDERS ON
CONTRACT FOR
October 26, 2009
FOR BIDS DUE ON
Friday, November 6, 2009
At 2:00 pm local time
Dear Sir or Madam:
Please note the following:
ADDENDUM NO. 2
Item No. 1
At the pre-bid meeting on Friday, October 23, 2009, it was questioned whether the
Contractor was responsible for the nondestructive testing of the steel pipe piles for the
Southwest Dolphin Replacement.
As stated in the Specifications, under SPLICES of Section 2364 - STEEL PIPE PILES,
the Contractor is responsible for nondestructive testing using Ultrasonic testing
procedures on 100% of each pile weld splice.
Item No. 2
At the pre-bid meeting on Friday, October 23, 2009, it was questioned whether it was
required to keep the marine passage clear of obstructions during construction.
SPECIAL CONDITIONS – ARTICLE 50 – Maintenance of Traffic
Delete in its entirety the paragraph on page 17 stating “The waterway is the Inner
Harbor-Navigation Canal (IH-NC). The Contractor must maintain marine traffic
in the IH-NC throughout the duration of the project, except as defined herein. It
shall be the Contractor's responsibility to obtain the necessary USCG temporary
permits required before performing any work in the IH-NC as it affects marine
Page 1 of 3
REQ NOS. 054222 & 054229
Addendum No. 2
traffic.” issued with the October 8, 2009 contract documents, and replace with
“The waterway is the Inner Harbor - Navigation Canal (IH-NC) and the
Contractor is expected to stage all equipment and work vessels outside the limits
of the navigable channel, therefore no marine traffic closures are anticipated
throughout the duration of the project. However, the Contractor may request
marine traffic closures if deemed necessary. All such requests must be formally
submitted to the Engineer at least 30 days in advance, must contain justification
for the closure(s), and will be subject to approval of the U. S. Coast Guard as
stated elsewhere within this section of Article 50.".
SPECIFICATIONS – SECTION 5121 – SEQUENCING
Delete in its entirety the paragraph on page 5121-3 stating “No marine traffic
closures are anticipated. If needed, the Contractor shall provide the Board with
30 days advance notice of any requested marine traffic closures. The Contractor
is expected to perform all possible work in advance of any marine traffic closure
period to minimize the work during the closure.” issued with the October 19,
2009 Addendum No. 1, and replace with "The Contractor is expected to stage all
equipment and work vessels outside the limits of the navigable channel, therefore
no marine traffic closures are anticipated. However, the Contractor may request
marine traffic closures if deemed necessary. All such requests must be formally
submitted to the Engineer at least 30 days in advance, must contain justification
for the closure(s), and will be subject to approval of the U. S. Coast Guard.".
Item No. 3
On drawing M3C-8015-2 - LOCATION PLAN OF WORK AREAS - of the Dolphin and
Fender System, disregard and delete in its entirety the utility line on the south side of the
bridge labeled “OVERHEAD CABLES (3 HV POWER LINES)”.
Item No. 4
At the pre-bid meeting on Friday, October 23, 2009, it was requested by some
Contractors to receive a copy of the list of attendees at the meeting. Please refer to the
attached copy of the attendance list.
Page 2 of 3
REQ NOS. 054222 & 054229
Addendum No. 2
PORT OF NEW ORLEANS
ADDENDUM NO. 2
ACKNOWLEDGEMENT
This notice of Addendum No. 2 is sent to you with the last sheet in duplicate.
FAX: 504-528-3445.
Very truly yours,
____________________________________
Randy P. Songy
Bridge Engineer
_______________________________________
(Prospective Bidder)
By:____________________________________
Date:___________________________________
Page 3 of 3
REQ NOS. 054222 & 054229
Addendum No. 2
BID FORM
qualified thereunder.
The furnishing of the Contract Documents to persons, firms, or
Bid of 1).,~b/",,""
Address
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License No. __ 3_1_~_o_"L
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Sirs:
dolphin, fender, handrail and timber cluster repairs, and structural repairs to the foundation of
the Operator's House, together with all required miscellaneous and incidental work. The site is
Orleans, Louisiana, all as more particularly described under Article 45 and Article 50 (b), in
strict conformity therewith, and to the satisfaction of the Board for the following prices listed
opposite each bid item:
Req. Nos. 054222 & 054229
VI
Bid Form - Page 1 of 4
Addendum No. 1
~
9.
8.
5.
542294.
Lump
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Req. Nos. 054222 & 054229
at)
Addendum No.1
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(Sum of All Above Item including both Work Orders)-------- $ \ ••~ ~ \ \ &'-\:'-\
VI
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Proceed from the Board, and to complete all work within two hundred and seventy (270)
consecutive calendar days after date in said Notice to Proceed, subject to the assessmentof'
delay.
of Article 46.
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).
Req. Nos. 054222 & 054229
VI
Addendum No. 1
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READ PUBLICLY
Req. Nos. 054222 & 054229
VI
Addendum No. 1
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A310
Bid Bond
KNOW
ALL MEN
Double
as Principal,
Aught
BY THESE
Construction,
hereinafter
called
that we
PRESENTS,
(Here
insert
the Principal,
Insurance
and address
or legal title of Contractor)
and
(Here
The Gray
full name
LLC
insert
full name
and address
or legal title
of Surety)
Company
a corporation
duly organized under the laws of the State of Louisiana
as Surety, hereinafter' called the Surety, are held and firmly bound unto
(Here insert
Board
of Commissioners
as Obligee,
hereinafter
called
of the Port
the Obligee,
the Principal
has submitted
,
Inner
Harbor-Navigational
September 1, 2008 Allision
or legal title of Owner)
in the sum of
Five Percent of Bid Amount
for the payment of which sum well and truly to be made,
ourselves,
our heirs, executors,
administrators,
successors
these presents. ,
WHEREAS,
full name and address
of New Orleans
Dollars ($
5%
),
the said Principal and the said Surety, bind
and assigns, jointly and severally, firmly by
a bid for
Canal,
Damage
(Here insert
Almonaster
Avenue
full name,
Bridge,
address
and description
Repair
of project)
of
NOW, THEREFORE,
if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed
and sealed
this
6th
November
day of
2009
LLC
(Seal)
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By:
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Insurance
Company
(Surety)
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OF ARCHITECTS,
1735 N.Y.
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C. 20006
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"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is
authorized to execute a power of Attorney qualifYing the attorney named in the given Power of Attorney to execute on behalf of The Company
bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of
Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is
attached.
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IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed, and these presents to be signed by their authorized officers this 16th day of April, 2008.
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Michael T. Gray
President, The Gray Insurance Company
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On this 16th day of April, 2008, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and
Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty
& Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorneylmd affixed the seals of
the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
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Mark S. Manguno
Secretary,
The Gray Insurance Company,
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GENERAL POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and havingtheir principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint
Cathy P. Grace, David W. Alligood and Henry Luckett Marye, Jr. of Baton Rouge, Louisiana jointly or severally on behalf of each of the
Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or
other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract
or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $1 0,000,000.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June,
2003
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STATE OF LOUISIANA
PARISH OF TANGIPAHOA
CERTIFICATION
OF AUTHORITY
TO ACT FOR
DOUBLE AUGHT CONSTRUCTION, L.L.C.
A LIMITED LIABILITY COMPANY
BE IT KNOWN that on the dates set forth herein, before a Notary Public duly
commissioned and qualified, and in the presence of the undersigned witnesses, personally
came and appeared:
WilLIAM W. HANNA, JR., 72-1481654, domiciled in Tangipahoa Parish,
State of louisiana, whose present mailing address is 41175 Evans lane,
Ponchatoula, louisiana 70454; and,
JEREMIAH D. GRIGGS, JR., 72-1481654, hU'sband of Valerie Pollard,
domiciled in Pearl River County, State of Mississippi, whose present mailing
address is 22 Inside Road, Picayune, Mississippi 39466;
who, after being duly sworn, did acknowledge and declare that they are all of the members
of DOUBLE AUGHT CONSTRUCTION,
L.L.C., a Limited Liability Company organized
under the laws of the State of Louisiana, whose Articles of Organization are recorded in the
office of the Louisiana Secretary of State, and that these Articles of Organization provide
that DOUBLE AUGHT CONSTRUCTION, L.L.C. is authorized to certify the authority of
persons to act on behalf of said DOUBLE AUGHT CONSTRUCTION, L.l.C., and that it
does hereby certify that either William W. Hanna, Jr., or Jeremiah D. Griggs, Jr., having the
consent of all of the members of said company, are authorized to act for and in the name
of the said DOUBLE AUGHT CONSTRUCTION, L.L.C. to do the following:
(1) Negotiate and enter into contracts on terms and conditions deemed
necessary and proper in his sole discretion;
(2) Execute and file all LLC documents with the Louisiana Secretary of
State for annual reports and fees;
(3) Execute and file all LCC documents with the appropriate Secretaries of
State, or similar regulatory authority, for any state where the Company may
choose to do business for licenses and permits;
(4) Open accounts with banks, savings & loans, and other financial
institutions in the name of the Company and to act as authorized signatory
on such accounts;
(5) Represent the Company in all matters of litigation, arbitration, and
mediation involving the Company including, but not limited to, the right to
settle, compromise or otherwise bring such matters to conclusion, on such
terms and conditions as such Member. deems in his sole discretion to be
necessary and proper.
The said DOUBLE AUGHT CONSTRUCTION, L.L.C. further certifies that William
W. Hanna, Jr. or Jeremiah D. Griggs, Jr. are authorized to sign all documents, of every
kind whatsoever, for and in the name of DOUBLE AUGHT CONSTRUCTION, L.L.C., and
to take all such actions in its name as may, in the sole and exclusive judgment of either of
them, be necessary to accomplish the authority expressed above.
Any person dealing with William W. Hanna, Jr. and Jeremiah D. Griggs, Jr. may
assume that the authority conferred upon each of them by this document is still in full force
and effect unless and until there is recorded in the conveyance records of Tangipahoa an
express revocation of such authority.
⁢, ~HUS
fJ.aH-€
DONE, State
A~D SIG~
of
o~ ~he ¥day
~-NL'
~<-;r"-
,
2001, his
at
of pa y hereto having affixed
, the
signature, together with me, Notary, and the undersigned witnesses, after due reading of
the whole.
tJJ
WilLIAM
t.
/V
ANDSIGN:'~r
.Ad&. THUS
(j~ DONE,State
of
k~J,U
w. HANNA, JR.
STEPHEN C. :..:nAUD
NOTARY PU:"'UC
PARISH OF PLAQUEMINES
S1J(I.TEOF LOUISIANA
ISSUED FOR LIFE
j>K)TARY
~ hereto having affixed
' 2001,his
at
~ the ~qll-day , of
the party
signature, together with me, Notary, and the undersigned witnesses, after due reading of
the whole.
~.B
I
W:WSS,E%<
~
jQEREMIAH D. GRIGGS, JR.
ARY
STEPHEN C. BRAUD
NOTARY PUBLIC
PARISH OF PLAQUEMINES
STATE OF LOUISIANA
COMMISSION ISSUED FOR LIFE
PORT OF NEW ORLEANS
REP AIR OF SEPTEMBER 1, 2008 & JUNE 26, 2009 ALLISION DAMAGES
ADDENDUM NO.1
ACKNOWLEDGEMENT
This notice of Addendum No.1 is sent to you with the last sheet in duplicate.
FAX: 504-528-3445.
Very truly yours,
Randy P. Songy
Bridge Engineer
---UJk~-~r=--
By:
Date:
tf -
~ -
09
_
Page 3 of3
REQ NOS. 054222 & 054229
Addendum No. I
PORT OF NEW ORLEANS
INNER HARBOR-NAVIGATION
CANAL
REP AIR OF SEPTEMBER 1,2008 & JUNE 26, 2009 ALLISION DAMAGES
ADDENDUM NO.2
ACKNOWLEDGEMENT
This notice of Addendum No.2 is sent to you with the last sheet in duplicate.
FAX: 504-528-3445.
Very truly yours,
Randy P. Songy
Bridge Engineer
Date:
\\ - ~ -
ol\
Page 3 of3
REQ NOS. 054222 & 054229
Addendum No.2
BIDDER'S CHECKLIST
A.
/
B.
Req. No. 054222
THE SEALED
ENVELOPE
SHALL CONTAIN:
(PREFERABLY
BOARD-FURNISHED)
1.
Completed Bid Form including signatures and State Contractor's
license number for a public works construction project if bid is
more than $50,000.
2.
Certified or cashier's check or bid bond (with power of attorney of
surety) in the amount of at least 5% of the total bid (largest bid if
more than a Base Bid is required).
3.
Acknowledge addendum or addenda on Bid Form.
4.
Evidence of authority of person who has signed the bid
to bind the legal entity submitting the bid.
THE SEALED BID ENVELOPE SHALL HAVE THE CONTRACTOR'S
LOUISIANA STATE CONTRACTOR'S LICENSE NUMBER FOR ANY
BID AMOUNTING
TO $50,000 OR MORE; THE REQUISITION
NUMBER; BIDDER'S NAME; AND BID OPENING DATE WRITTEN ON
THE OUTSIDE OF THE ENVELOPE.
V-d
PORT
OF
NBW ORLEANS
November 30, 2009
Double Aught Construction, LLC
P.O. Box 97
Hammond, Louisiana 70404
Attention: Mr. Wade Hanna, President
RE: INNER HARBOR - NAVIGATIONAL CANAL
ALMONASTER AVENUE BRIDGE REPAIRS
NECESSITATED BY VESSEL ALLISIONS
REQ. NO. 054222
W.O. 4-730 & 4-722
NOTICE OF AWARD
Dear Mr. Hanna:
I am pleased to advise you that the Board of Commissioners of the Port of New
Orleans has accepted your Lump Sum and Unit Price Bids and the summation thereof in
the amount of $1,431,844.00 for the subject project.
Our attorneys have prepared a contract consistent with the plans and specifications,
which must be signed within the next ten days. Before the contract can be executed, but
within five days of receipt of this letter, you must present the following to the Board's Risk··
Manager:
(1)
Insurance coverage, as more fully described in Article 48 of the GENERAL
CONDITIONS under Special Conditions - Insurance Requirements for
Contractors.
(2)
A performance bond in the full amount of your bid - Please see Article 30 Performance Bond and Continuing Obligations.
The telephone number for the Board's Risk Manager, Mr. William Sickinger, is 5283273.
Upon submittal and acceptance by the Board's Risk Manager of the foregoing, please
contact Mr. Joseph Fritz, the Board's Staff Attorney, at 528-3226 for the purpose of signing
the contract.
Post Office Box 60046 * New Orleans, Louisiana 70160 * Tel: (504) 522-2551 * Fax: (504) 524-4156
Mr. Hanna
November 30, 2009
Page 2
You are requested to advise this Board promptly of the number of complete sets of
plans and specifications you will need, over and above those which you received during
the bidding period.
Please be advised that this contract will be administered by our Construction Services
group of the Port Development Division. All verbal requests for services and materials
should be made to the writer. The Construction Section's phone number is (504) 5283288. All correspondence is to be directed to the writer with three additional copies.
Please indicate our project description, requisition number, work order number on all
correspondence.
~
----
William J. M
Manager C
WJM/bgh
cc
Ms. Carol Balthazar
Riverworks
201 St. Charles Ave, Suite 2570
Mr. Ralph Eppehimer
N:\Port Development
Docs\Humphrey_B\Notofaward\054222
BOARD
OF COMMISSIONERS
Post Office Box 60046 * New Orleans,
Louisiana
Double Aught 11-30-09.wpd
OF THE PORT OF NEW ORLEANS
70160 * Tel: (504) 522-2551
* Fax: (504) 524-4156
CONTRACT FOR MATERIAL AND LABOR
FOR THE CONSTRUCTION OF
ALMONASTERAVENUE
BRIDGE
REPAIR OF SEPTEMBER 1, 2008 ALLISON DAMAGE
This Agreement, made and entered into in multiple counterparts, effective on the date
last executed by a party hereto, by and between:
PORT OF NEW ORLEANS
and
DOUBLE AUGHT CONSTRUCTION,
LLC
WITNESSES:
Thatfor and in consideration of payments hereinafter stipulated to be made to Contractor by Board, Contractor
and Surety (hereinafter appearing) hereby agree and bind themselves jointly, severally and in solido at their
own cost to furnish all labor and materials, equipment, transportation and other facilities, necessary and
requisite to perform, construct, complete and deliver in a substantial and workmanlike manner, to the entire
satisfaction of the Board Representative, hereinafter called "Engineer," all of the work called for, embraced
and described in the Plans and Specifications of Board, and according to the Bid of Contractor, for the
construction of
in the manner and in strict accordance with said Plans and Specifications and Bid, as accepted by Board
and in accordance with the Notice of Award as follows, to wit:
REPAIR OF SEPTEMBER 1, 2008 ALLISON DAMAGE
REQ 054222
(a) The Notice of Award dated the 30TH day of November 2009, a copy of which is annexed
hereto and made part of this agreement as fully as if herein at length.
(b) The specifications dated the 8th day of October 2009, are hereto annexed and made a part of
this agreement as fully as if written herein at length and are marked for identification."lnner HarborNavigational Canal Almonaster Avenue Bridge Repair of September 1, 2008 Allison Damage."
(c) The Plans issued with said Specifications are hereto annexed and made part of this agreement
and are initialed by the parties hereto for identification.
(d) The Bid of Contractor dated the 6th day of November 2009 is hereto annexed and made a part
of this agreement.
Contractor hereby agrees to commence work under this agreement on the date or dates as set forth in the
aforesaid Notice of Award, and to complete all work under this agreement on or before the dates as
therein set forth, subject to the assessment of ascertained and liquidated damages as set forth in the Bid
of Contractor. Contractor agrees that ascertained and liquidated damages shall automatically apply
against Contractor without the necessity or formality of putting Contractor in default therefore, and
Contractor, further agrees that Board shall have the right to retain from any monies due Contractor, or
which may become due, an amount sufficient to pay such ascertained and liquidated damages.
That for and in consideration of the faithful performance by Contractor of all singular the obligations herein
assumed by, or imposed upon, Contractor by this agreement, Board shall make payment to contractor, in
the manner and at the time or times set forth in the Specifications and in accordance with Contractor's Bid,
but nothing herein shall prevent Board, if it sees fit, from making payments to Contractor, without the
consent of surety, in amounts or at different times than fixed herein.
Req. 054222
II
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiple originals in New Orleans, Louisiana, on the dates hereafter set forth to be
effective on the last date executed by a party hereto.
BOARD OF COMMISSIONERS
PORT OF NEW ORLEANS
WITNESSES:
BY:_
GARW.
DATE:
AND
WITNESSES:
~~\I.fANGE, PRESIDENT
CHf~;g~~OFFICER
/JJ,iI
DOUBLE
¥pHT CO~TR'I:;ION'
BY: IJ))J/
WILLIAM W. HANNA, JR
PRESIDENT
DATE:
REQ NO. 054222
OF THE
"2-
\ -
2..0/0
.
LLC
ACKNOWLEDGMENTS
STATE OF LOUISIANA
PARISH OF ORLEANS
,/ mt ~lf
,2009, and
before
came and
and Chief
appeared
Gary P.
LaGrange,Ontothis
me known~I-;t::lay
beingof by
au y sworn, did depose
say me
thatpersonally
he is President
Executive
Officer of the Board of Commissioners of the Port of New Orleans, the political subdivision of the State of Louisiana
described in and which executed the foregoing contract; and that he signed his name thereto pursuant to authority
granted to him by the Board of Commissioners of Port of New Orleans; and that said instrument is the full and free
act and deed of Board of Commissioners of the Port New Orleans.
And the said Gary P. LaGrange did further produce to me sufficient proof that he is President and Chief
Executive Officer of said Board of Commissioners of the Port ofNe~eans
and that he was duly authorized by
Board
Commissioners
of the Port
of New
instrument,
ansJ.1)the Notary Public,
hereby of
certify
that the signature
of said
Gary Orleans
P. ~rangeto executeJbe1oregoing
gni11e foregoing instrument
is aith/ntic.
G
i'
•.••...•
P _
PARISH OF ORLEANS
.\../"
)
'
Josr~;·j
N; ';.A
"., .. ->.~-':.,l: m.Y."c
Bar ff 5/55
~
-
My CommissiOn is issued tor ~
-et3,
ST ATE OF LOUISIANA
(
/~
.... '"h of Jef~er~on,State ot LcU~la1MJ
On this
~y
of
2009, before me personally came and appeared William
W. Hanna, Jr. to me khown, who, being duly sworn, did depose and say that he is President for Double Aught
Construction, LLC, described in and which executed the foregoing contract; and that he signed his name thereto
pursuant to authority granted to him by Double Aught Construction, LLC; and that said instrument is the full and
free act and deed of Double Aught Construction, LLC.
And the said did further produce to e s 'ficient proof that he is President and that he was dully authorized
by Double Aught Construction, LLC, to e ecute th foregoing instrument, and I, the Notary Public, hereby certify
that the signature of said William W. Ha na, Jr. is uthentic.
JOSEPH W. FHITZJIR.
NOlft.RY PUBLC
Bar
# 5755
~n(.}
Pt'(I'ish of jeffer.!!Ol1. State of'1..f
My Co~'}.i6
i$aUed ,Of
REQ NO. 054222
Life.
..
THE AMERICAN
INSTITUTE OF ARCHITECTS
AlA Document
A312
Performance
Any singular reference
to Contractor,
Bond
Surety, Owner or other party shall be considered
CONTRACTOR (Name and Address):
Double Aught Construction,
LLC
2413 Cazalard
Road
Belle
Chase, LA
70037
OWNER (Name and Address):
Board of Commissioners
of the
P.o. Box 60046
New Orleans,
LA
70160
plural where applicable.
SURETY(Name and Principal Place of Business):
The Gray Insurance
Company
2750 Lake Villa
Drive,
Suite
Metairie,
LA
70002
Port
300
of New Orleans
rea
CONSTRUC1lQN
CONTRACT
r ~ 2(:)'\0
Date:
Amount:
$1,431,844.00
Description (Name and Location):
BOND
Date (Not earlier than Construction
Amount:
$1,431,844.00
Modifications to this Bond:
Inner Harbor-Navigational
Canal,
Almonaster
Avenue
Bridge
Repair
of September
1, 2008 Allision
Damage
Requisition
No. 054222, Work Order No. 4-730
Contract Date): ~t::.B I;
"Z,,}()
o See
rn None
(Corporate Seal)
LLC
SURETY
Company:
The Gray
(Corporate Seal)
;g.•
~.,...
£.-:-"'i,,,- ~. _
Signature:
Name and Title:
(FOR INFORMA nON
ONL Y-Name,
,
....
Attorney-irl7;.-
Address and Telephone)
~ -
., '
.- ~
OWNER'S REPRESENTATIVE(Ardlitect, Engineer. or
other party):
--:;,.-._
~r--'
Modjeski
and Masters,
Inc.///,':_·""
1055 St. Charles
Avenue,
Suite
400
New Orleans,
LA
AlA DOCUMENT
A312 • PERFORMANCE BOND AND PAYMENT BOND·
DECEMBER 1984 ED.• AlA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON,
D,C. 20006
THIRD PRINTING·
MARCH 1987
".
,.%~
;-: ~
Fact
(Any additional signatures appear on page 3)
~AGENT or BROKER:
~'HUB
International
Midwest Limited
11606 Southfork
Dr., Suite
300
Baton Rouge, LA
70816
(225) 218-2400
Page 3
A312-1984
:~ ::::
~ ::.
,
1
1 The Contractor
and the Surety, jointly and severally,
bind themselves,
their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction
Contract, which is incorporated herein
by reference .
2 If the Contractor performs the Construction
Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default,
under this Bond shall arise after:
the Surety's obligation
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction
Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction
Contract or to a contractor
selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors;
or
4.3
Obtain
bids or negotiated
proposals
from
qualified contractors
acceptable to the Owner for a
contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance
and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction
Contract,
and pay to the Owner the
amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion,
or obtain a new contractor and with
reasonable promptness under the circumstances:
.1
After investigation,
determine
the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is determined,
tender
payment
therefor
to the
Owner; or
.2
Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from. the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction
Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities
of the Surety to the Owner shall
not be greater than those of the Contractor
under the
Construction
Contract, and the responsibilities
of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment
by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Surety is obligated without duplication
for:
6.1 The responsibilities
of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additional
legal, design professional
and delay
costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual damages caused by delayed performance
or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators
or successors.
8 The Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to
related subcontracts, purchase orders and other obligations.
9 Any proceeding,
legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT
A312 • PERFORMANCE BOND AND PAYMENT BOND·
DECEMBER 1984 ED .• AlA ®
D.C. 20006
THIRD PRINTING·
MARCH 1987
A312-1984 2
--------------------------------------
able to sureties as a defense in the jurisdiction
shall be applicable.
of the suit
10 Notice to the Su rety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be perfo"rmed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall
be deemed incorporated
herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12
DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction
Contract after all proper adjustments
have been made, including
allowance to the Con-
MODIFICATIONS
TO THIS BOND ARE AS FOllOWS:
(Space is provided
below for additional
CONTRACTOR
Company:
Signature:
Name and Title:
Address:
signatures
12.2 Construction Contract: The agreement between"
the Owner and the Contractor identified on the signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to "perform or otherwise to comply with the terms of the
Construction
Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to
perform and complete or comply with the other terms
thereof.
of added parties, other than those appearing
AS PRINCIPAL
(Corporate
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims"
for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Contract.
Seal)
_
SURETY
Company:
on the cover page.)
(Corporate
Signature:
Name and Title:
Address:
AlA DOCUMENT
A312 • PERFORMANCE
BOND AND PAYMENT BOND·
D.C. 20006
THIRD PRINTING'
MARCH 1987
Seal)
_
A312-19B4
3
THE AMERICAN
INSTITUTE OF ARCHITECTS
AlA Document
Bond
Payment
Any singular
reference
to Contractor,
Surety,
Owner
CONTRACTOR (Name and Address):
Double Aught Construction,
LLC
2413 Cazalard
Road
Belle
Chase, LA
70037
OWNER (Name and Address):
Board of Commissioners
of the
P.O. Box 60046
New Orleans,
LA
70160
CONSTRUCTION CONTRACT
Date:
F""E:6 C -Z 010
Amount:
$1,431,844.00
Description (Name and Location):
BOND
Date (Not earlier than Construction
Amount:
$1,431,844.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Dougle Aught Construction,
vJ,I-\-,hll-J1-
or other
party shall be ,considered
plural where
of New Orleans
Inner Harbor-Navigational
Canal,
Almonaster
Avenue
Bridge
Repair
of September
1, 2008 Allision
Damage
Requisition
No. 054222, Work Order No. 4-730
Contract Date):
(J
'-"
10
fi~B
o None
~
jPJ?l os'..vh.
r-
IX]
SURETY
Company:
The Gray
Signature:
Ndme and Title:
(Any additional signatures appear on page 6)
ONL Y-Name,
See Page 6
(Corporate Seal)
--------------------------------------------------~~--------------~(FOR INFORMA nON
applicable,
SURETY(Name and Principal Place of Business):
The Gray Insurance
Company
2750 Lake Villa
Drive,
Suite 300
Metairie,
LA
70002
(Corporate Seal)
LLC
.
{D,II-
Signature: lUfJ
Name and Title: \rJlllIA4\
Port
A372
Attornef-;::-·in'/
Fact
-~~
J
-::.
~
-
Address and Telephone)
AGENT or BROKER:
.
HUB International
Midwest Limited·
11606 Southfork
Dr.,
Suite 300
Baton Rouge, LA
70816
(225) 218-2400
OVVNER'SREPRESENTATIVE(f..rc!iitect, ETigineer 0[-;-_2
ot/ler party):
~ / .~
Modjeski
and Masters,
rric .. --','---:-.
1055 St. Charles
Avenue, S~ite AOO'New Orleans,
LA
AlA DOCUMENT
A312 • PERFORMANCE BOND AND PAYMENT BOND'
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON,
D.C. 20006
THIRD PRINTING·
MARCH 1987
<__
: '-::,-
A312-1984
4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
.for the payment for labor, materials or equipment furnished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,'
Iiens or su its and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation
under this Bond until:
to Claimants
Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
4.1
.1
Have furnished written notice to the Contractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2
Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above notice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3
Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the addressdescribed in Paragraph12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient compliance.
AlA DOCUMENT
BOND AND PAYMENT BOND·
THE AMERICAN INSTITUTE OF ARCHITECTS.
THIRD PRINTING·
MARCH 1987
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims;
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be
liable for payment of any costs or expensesof any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the OWner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall. be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall
be deemed incorporated herei.n. The intent is that this
DECEMBER 1984 ED .• AlA'"
173S NEW YORK AVE., NW .• WASHINGTON,
D.C. 20006
A312-1984
5
Bond shall be construed
common law bond.
as a statutory
Construction
Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors,
and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
bond and not as a
14 Upon request by any person or entity appearing to bea
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15
DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The
intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"
that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment
used in the
MODIFICATIONS
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the signature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
TO THIS BOND ARE AS FOllOWS:
Paragraph 6 above Is deleted in its entirety and the following Is substituted in Its place:
6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted aU supporting documentation and
any proof of claim requested by·the Surety, the Surety shaU, wIth reasQnable promptness, notifY the Claimant of the
amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the
lack of substantiating docum~ntation to support the claIm as to entitlement or amount, and the Surety shall, with
reasonable promptness, payor make arrangements for payment of any undisputed amount; provIded, however, that the
failure of the Surety to timely discharge Its obligations under this paragraph or to dispute or identify any specific defense to
all or any part of a claim shall not be deemed to be an admission of lIability by the Surety as to such claim or otherwise
constitute a waiver of the CO,ntractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall
have the Immediate right, without further notice, to bring suft against the Surety to enforce any remedy available to it under
this Bond.
(Space is provided
CONTRACTOR
Company:
below for additional
signatures
AS PRINCIPAL
(Corporate
Signature:
Name and Title:
Address:
AlA DOCUMENT
of added parties, other than those appearing
Seal)
_
BOND
THE AMERICAN INSTITUTE OF ARCHITECTS,
THIRD PRINTING'
MARCH 1987
AND
PAYMENT BOND·
1735 NEW YORK AVE., N.w.,
SURETY
Company:
on the cover page.)
(Corporate
Seal)
Signature:
Name and Title:
Address:
DECEMBER 1984 ED .•
WASHINGTON,
AlA ®
D.C. 20006
_
A312-1934
6
,.,111)
:Jf!ll
..ral~l"
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL
132787
POWER OF ATTORNEY
"'----'~NOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint
Cathy P. Grace, David W. Alligood and Henry Luckett Marye, Jr. of Baton Rouge, Louisiana jointly or severally on behalf of each of the
Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or
other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract
or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $1 0,000,000.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June,
2003
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is
authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company
bonds, undertakings, and all contracts of surety, and that each or any ofthem is hereby authorized to attest to the execution of such Power of
Attorney, and to attach the seal of the Company; and it is
II:
I"':
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is
attached.
TN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed, and these presents to be signed by their authorized officers this 16th day of April, 2008.
By
~~
Att"I~~_
Michael T. Gray
President, The Gray Insurance Company
and
Vice President,
Mark S. Manguno
Secretary,
The Gray Insurance Company,
State of Louisiana
ss:
Parish of Jefferson
On this 16th day of April, 2008, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and
Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty
& Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of
the companies / as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
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Lisa S. Mill~r,. Notary Public, Parish of Orleans
State of LouIsiana
My Commission is for Life
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I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and
forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect.
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POAIOOOI Rev 6/15/2003
58910J 4/16/2008
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INNER HARBOR-NAVIGATIONAL CANAL ALMONASTER AVENUE

Transcription

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