UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM Requisition No. 046129 Work Order No. 1-845 Prepared by Engineering Department, Port of New Orleans 1350 Port of New Orleans Place New Orleans, LA 70130 and Schrenk & Peterson Consulting Engineers 4141 Bienville St. New Orleans, LA 70119 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 UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM Requisition No. 046129 Work Order 1-845 Contract Documents Prepared by Engineering Department, Port of New Orleans 1350 Port of New Orleans Place New Orleans , LA 70130 and Schrenk & Peterson Consulting Engineers 4141 Bienville St. New Orleans, LA 70119 November 1, 2007 New Orleans, Louisiana CONTRACT FOR MATERIAL AND LABOR FOR THE CONSTRUCTION OF UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM 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 UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM 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: Req. No. 046129 I (a) The Notice of Award dated the day of 2007, 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 2007, are hereto annexed and made a part of this agreement as fully as if written herein at length and are marked for identification “Specifications WIRELESS COMMUNICATION SYSTEM.” (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 XXth day of dated 2007, and Addendum No. dated annexed and made a part of this agreement. and Addendum No. , 2007, is hereto 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. 046129 II TABLE OF CONTENTS FOR WIRELESS COMMUNICATION SYSTEM REQUISITION NO. 046129 AGREEMENT TABLE OF CONTENTS INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDDER’S CHECKLIST BID FORM MBE AND WBE FORM CONTRACTOR’S EXPERIENCE NOTARIAL CONTRACT INFORMATION MONTHLY REPORT SAMPLE AFFIDAVIT 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. Req. No. 046129 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 III 26. 27. 28. 28A. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 44A. WARRANTY INDEMNITY BOARD'S INSURANCE FORCE MAJEURE 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 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 Req. No. 046129 III-a SECTION 02200 - EARTHWORK SECTION 02520 – PORTLAND CEMENT CONCRETE PAVING SECTION 02588 – CONCRETE POLES SECTION 02821 – CHAIN LINK FENCES & GATES SECTION 16010 – BASIC ELECTRICAL REQUIREMENTS SECTION 16100 – BASIC ELECTRICAL MATERIALS & METHODS SECTION 16300 – OVERHEAD SUPPORTING STRUCTURES & CABLING SECTION 16400 – PANELBOARDS SECTION 16500 – LIGHTING FIXTURES SECTION 16510 – LIGHTING SECTION 16600 – RF RADIO & NETWORKING EQUIPMENT SECTION 16700 – MONITOR STATION CONSOLE Req. No. 046129 III-b BOND ACKNOWLEDGEMENT DRAWINGS BOUND SEPARATELY DRAWING NOS. C0 TITLE SHEET C1 OVERALL SITE PLAN C2 PARTIAL SITE PLAN SHOWING ADMIN. BLDG. ROOFTOP ANTENNA C3 PARTIAL SITE PLAN SHOWING WIRELESS POLE #1 C4 PARTIAL SITE PLAN SHOWING WIRELESS POLE #2 C5 PARTIAL SITE PLAN SHOWING WIRELESS POLE #3 C6 PARTIAL SITE PLAN SHOWING WIRELESS POLE #4 C7 PARTIAL SITE PLAN SHOWING WIRELESS POLE #5 C8 PARTIAL SITE PLAN SHOWING WIRELESS POLE #6 C9 WIRELESS POLE PLANS AND DETAILS C10` WIRELESS POLE PLANS AND DETAILS AT JACKSON AVENUE C11 WIRELESS POLE PLANS AND DETAILS–HARBOR POLICE STATION E1 ADMINISTRATION BUILDING ELECTRICAL E2 POLES #1 & #2 ELECTRICAL E3 POLES #1 & #2 ELECTRICAL E4 POLE 3 ELECTRICAL – FELICITY E5 POLE 3 ELECTRICAL – FELICITY E6 POLE 4 ELECTRICAL – HARBOR POLICE E7 POLE 4 ELECTRICAL – HARBOR POLICE Req. No. 046129 III-c E8 POLE 5 ELECTRICAL – LOUISIANA E9 POLE 5 ELECTRICAL – LOUISIANA E10 POLE 6 ELECTRICAL – NAPOLEON E11 POLE 6 ELECTRICAL – NAPOLEON Req. No. 046129 III-d INVITATION TO BID UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM 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 Wednesday, November 28, 2007, until 2:00 P.M., local time, for Requisition No. REQ046129. The work consists of furnishing all labor, material and equipment for the Wireless Communication System by installing six (6) concrete poles at six (6) locations on the east bank of the Mississippi River and all associated electrical and telecommunications hardware and software all in accordance with project specifications and drawings together with all required miscellaneous and incidental work. The site is located on the east bank of the Mississippi River between Port of New Orleans Office and Napoleon Avenue in New Orleans, Louisiana. (Estimated Cost: $730,000.00 to $800,000.00). 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 $50.00 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). 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 Tuesday, November 13, 2007, at 9:00 a.m. local time at the Port of New Orleans Office Building. Bidders are urged to attend. 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 (Electrical.) 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. Req. No. 046129 IV The right is reserved to reject all Bids, to waive informalities, and to reject non-conforming, non-responsive, or conditional Bids, and to make award in the Board's best interest in accordance with the laws of the State of Louisiana. The Board, an equal opportunity public entity, invites and encourages minority-owned and disadvantaged business companies to submit bids on its projects. If you would like to purchase copies of the contract documents, please contact Fredrick (Fred) Brown at (504) 528-3244 or E-mail him at brownf@portno.com. For general information or for questions related to bidding please contact: Fredrick (Fred) Brown, Manager of Contract Administration Phone: (504) 528-3244 Email: brownf@portno.com James (Jim) Mashon, Technical Specifications Phone: (504) 528-3312 E-Mail: mashonj@portno.com Technical questions should be addressed to the following: Ryan Flanagan Schrenk & Peterson Consulting Engineers Phone: (504) 482-7856 Charlie Craig, P.E., Port Project Engineer Port of New Orleans Phone: (504) 528-3308 Email: craigc@portno.com William Cromartie, P.E., Manager of Engineering Port of New Orleans Phone: (504) 528-3309 Email: cromartieb@portno.com Req. No. 046129 IV-a 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. 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. 046129 V 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 Tuesday, November 13, 2007 at 9:00 a.m. local time at the Port of New Orleans Office Building. 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 Req. No. 046129 V-a liable to exist during the time of the work, and their possible effect on receipt and storage of 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 Req. No. 046129 V-b specifications and visiting the site, more detailed information is needed it may be obtained by inquiry from the Board's Engineering Dept., 1350 Port of New Orleans Place, New Orleans, LA., P.O. Box 60046, Zip 70160, phone (504) 528-3300. 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 foregoing requirements, following a review of bids by the Director, Port Development, and her recommendation to the Board. In making her recommendation, the following elements will be considered: whether the bidder involved (a) has a high standing and long experience in the type of work involved; (b) has adequate plant equipment and personnel to do the work properly and expeditiously; and (c) has a suitable financial status and reputation for meeting obligations incident to work of the kind specified. Upon request, the apparent low bidder shall furnish the American Institute of Architects Documents A 305 Contractor's Qualification Statement within three (3) working days. 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 (MBEs) and Req. No. 046129 V-c Women Business Enterprises (WBEs) as prime contractors and as subcontractors. As part of their bid package Bidders are requested to submit on the attached form the following information regarding MBE/WBE participation. 1. 2. A plan for use of MBE/WBE subcontractors by task/function and the estimated dollar value for each subcontract. A list of MBE/WBE subcontractors, construction-related service providers and construction materials suppliers contacted and considered for this project. On the award of the contract, Contractor shall submit to Board a list of all subcontractors, service providers and suppliers, identifying MBEs/WBEs. Monthly reports on MBE/WBE utilization shall be submitted during the project. All MBE/WBE subcontractors, service providers or suppliers contacted shall be noted as part of this list. Questions regarding MBE/WBE utilization and requests for a list of MBEs/WBEs should be directed to the Board's Minority & Women's Business Consultants at (504) 8964600. The appropriate Board Committee may require successful bidders to meet and review their responsiveness to this policy. Successful bidders may also be required to clarify details of their proposed plan for the use of MBE/WBE subcontractors during the respective projects. Lists of potential subcontractors can be attained from the Port's offices and/or the following sources: --Mayor's Office of Minority Business Development (New Orleans) --The Government Office of Minority Affairs (Kenner) --The Louisiana Department of Economic Development --The Louisiana Department of Transportation --The Chamber/New Orleans and the River Region --The Guide, published by Riverworks (896-4600) In addition, the Contractor shall maintain sufficient records to complete a monthly report on minority and women contractors’ participation. During the first week of each month that a progress payment is to be made, the Contractor shall submit the monthly report form issued in the Contract Documents. (See sample form following the Bid Forms.) Req. No. 046129 V-d BIDDER'S CHECKLIST A. B. THE SEALED ENVELOPE SHALL CONTAIN: (PREFERABLY BOARD-FURNISHED) 1. Completed Bid Form including signatures and State Contractor's license number 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. Completed "Information to be Furnished with Bid" - Part I and Part II. 5. Completed Board's form indicating Bidder's plan for use of MBE/WBE subcontractors by task/function and the estimated dollar value for each subcontract and a list of MBE/WBE subcontractors, service providers and suppliers contacted and considered for this project. 6. Evidence of corporate 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. Note: The "Non Collusion Declaration" is not required until the bidder receives the "Notice of Award." Evidence of the authority of the person signing the contract is not required until the bidder receives the "Notice of Award." Req. No. 046129 V-e 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. _ ------------- Classification _ State Zip _ Date Telephone _ Address _ City To: Board of Commissioners, Port of New Orleans 1350 Port of New Orleans Place New Orleans, Louisiana 70160 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) Req. No. 046129 VI Bid Form - Page 1 of 5 mp mp sum ITEM NO APPROXIMATE QUANTITY DESCRIPTION 1. Mobilization Furnish $$ and $$ install all electrical Furnish and civil, Lump Lump #1 &Port #2. communication materials for structural, electrical and complete radio at pole and location operational #4. locations operational radio installation at at location #3. #5. radio and thepole wiring Administration for complete Building. and communications equipment Lump Req. No. 046129 VI-a UNIT PRICE ITEM TOTAL $ Bid Form - Page 2 of 5 7. Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole location #6. Lump $---- lump sum $---- TOTAL AMOUNT OF BID (Sum of All Above Items)------------------------------------- Req. No. 046129 VI-b $ Bid Form - Page 3 of 5 _ 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 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 one hundred eighty (180) consecutive calendar days after date in said Notice to Proceed, subject to the assessment of ascertained and liquidated damages of five hundred dollars ($500) per calendar day of delay. We agree that we will perform work with our own organization to meet the requirements of Article 46. Upon request of the Board we agree to furnish, within two working days thereafter, a list of work- by classes that we will perform with our own organization, and the percentage of the total work that each represents. We deposit with this bid a certified or cashier's check in the amount of: Dollar($ , 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. Req. No. 046129 VI-c Bid Form - Page 4 of 5 The performance bond hereinabove stipulated will be written by: name of company of ----~~~~-----address of company in full complexity with all requirements stipulated under INSTRUCTIONS documents. TO BIDDERS of these We agree that this bid shall be binding upon us, pending award of contract, for a period of forty-five (45) calendar days after date of opening of bids. 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 Corporate Resolution or other document showing person whose signature appears above is duly authorized to sign.) Req. No. 046129 VI-d Bid Form - Page 5 of 5 Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) Instructions to Bidders: This form shall be completed and submitted with your Bid Form. Use additional sheets if necessary. See Instructions to Bidders Page V-c. Plan for Using MBE/WBE Subcontractors, Constructed Related Service Providers, or Construction Materials Supplies Name Indicate WBE or MBE Task/Function Contract Dollar Value ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Listing of Subcontractors, Construction-Related Service Providers, or Construction Materials Suppliers Contacted and Considered Indicate Name WBE or MBE ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _____________________________________ Company’s Name _____________________________________ Bidder's Signature _____________________________________ Title in Firm _____________________________________ Date Req. No. 046129 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:_______________________________________ PROJECT TITLE: ______________________________________ NTP Date :________________________________ Contract Completion Date: ___________________________ REQ No. 041629 _________________________________________________________________ Authorized Officer _________________________________________________________________ Title __________________________________________ Date Subcontractor Earnings to Date L % Complete YEAR ____________ Comments E _____________________________________________________ Contract Person for Prime Contractor _____________________________________________________ Telephone _____________________________________________________ FAX INFORMATION TO BE FURNISHED WITH BID PART I CONTRACTOR’S EXPERIENCE Under our present title, as given immediately below, (or under other titles, if any, also stated) FIRM NAME NATURE OF BUSINESS ORGANIZED WORK, COMPARABLE IN KIND (NOT NECESSARILY BOARD’S) AND EXTENT TO THAT COVERED BY THE ACCOMPANYING BID, HAS BEEN PERFORMED BY US, AS FOLLOWS: BRIEF DESCRIPTION OF WORK AND WHERE PERFORMED OWNER DATE OF COMPLETION CONTRACT TIME (Bidder’s Signature) Req. No. 041629 INFORMATION TO BE FURNISHED WITH BID PART II The information furnished below is necessary for the drafting of a notarial contract; however, it does not constitute a formal part of the contract documents. PLEASE PRINT OR TYPE IN BLANK SPACES 1. Bidder is If bidder is an individual, use paragraph (a) and ignore paras. (b) and (c). (a)_____________________________________________ (full name) residing at ______________________________________ (street, city, and zone number) or doing business at _______________________________ (street, city, and zone number) and is sole owner of, and doing business as, ________________________________________________ (trade name) If a bidder is a partnership, use paragraph (b) and ignore paras. (a) and (c). (b) A commercial co-partnership composed of the following partners: _______________________________________________ (Give names of all partners) ______________________________________________ _______________________________________________ doing business as _________________________________ (trade name) domiciled at ______________________________________ (street, city, and zone number) in the state of and which contract will be be signed by _____________________________________ a member of _____________________________________ (Name of co-partner) partnership. If bidder is a corporation, use paragraph (c) and ignore paras. (a) and (b). (c) A corporation organized under the laws of the State of domiciled at , (city and state) Req. No. 041629 INFORMATION TO BE FURNISHED WITH BID (PART II) (continued) authorized to do and doing business in the State of Louisiana, whose address is __________________________________ (street, city, and zone number) and which contract will be signed by . (name and title to officer) Officer who signs contract for successful bidder must furnish Notary with and extract of minutes of corporation’s Board of Directors showing his authority to act for the corporation. 2. The following name surety company, being qualified, as required in the Advertisement, Sheet IV, of these specifications, will execute the bond as surety for the bidder: Req. No. 041629 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. 041629 __________________ 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 by or properly inferable from any heading, branch, class or trade of the specifications Req. No. 041629 GENERAL CONDITIONS PAGE 1 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. 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 Req. No. 041629 GENERAL CONDITIONS PAGE 2 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 therefore 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. Req. No. 041629 GENERAL CONDITIONS PAGE 3 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. Req. No. 041629 GENERAL CONDITIONS PAGE 4 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. 041629 GENERAL CONDITIONS PAGE 5 ARTICLE 15 - INSPECTION OF WORK AND CERTIFICATES OF APPROVAL Engineer and his representatives shall at all times have access to the work at all times it is in preparation or progress, and Contractor shall provide proper facilities for such access and for inspection. The work is to be done under the supervision of an inspector or inspectors, representing Engineer, whose duties shall be to see that the requirements of the specifications are carried out, but their presence or absence does not relieve, in any degree, the responsibility or obligations 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 Req. No. 041629 GENERAL CONDITIONS PAGE 6 construction operations. 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 Contractor, in the absence of Contractor, shall have the same force and effect as Req. No. 041629 GENERAL CONDITIONS PAGE 7 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. 041629 GENERAL CONDITIONS PAGE 8 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 CONVENIENCE - BOARD'S RIGHT TO TERMINATE CONTRACT FOR ITS 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; (3) Settle any outstanding liabilities arising out of the termination of subcontracts with the approval of the Engineer: Req. No. 041629 GENERAL CONDITIONS PAGE 9 (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 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 Req. No. 041629 GENERAL CONDITIONS PAGE 10 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 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 Req. No. 041629 GENERAL CONDITIONS PAGE 11 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. 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. Req. No. 041629 GENERAL CONDITIONS PAGE 12 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.” 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 Req. No. 041629 GENERAL CONDITIONS PAGE 13 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 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 Req. No. 041629 GENERAL CONDITIONS PAGE 14 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. 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. Req. No. 041629 GENERAL CONDITIONS PAGE 15 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: (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. Req. No. 041629 GENERAL CONDITIONS PAGE 16 (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 THEREFOR 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 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. Req. No. 041629 GENERAL CONDITIONS PAGE 17 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. 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 Req. No. 041629 GENERAL CONDITIONS PAGE 18 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. 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 Req. No. 041629 GENERAL CONDITIONS PAGE 19 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 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 Req. No. 041629 GENERAL CONDITIONS PAGE 20 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 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 Req. No. 041629 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. GENERAL CONDITIONS PAGE 21 ****** Req. No. 041629 GENERAL CONDITIONS PAGE 22 SPECIAL CONDITIONS OF THE CONTRACT The following Special Conditions supplement the General Conditions (given under the preceding Articles 1 through 44A, inclusive) with special reference to the contract covered by the attached specifications. Req. No. 041629 Special Conditions General ART. 45 - QUANTITIES AND PRICES The following clauses are intended only to define units of payment, supplemented by the detail specifications for full description of Contractor's obligations. being 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 throuqh 7 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 MOBILIZATION." in "ARTICLE 44a - Item NO.2 - Mobilization Furnish and install all electrical and communications equipment and wiring for complete and operational radio installation at the Port Administration Building. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Req. No. 046129 Special Conditions Article 45 - Sheet 1 Item NO.3 - Mobilization Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole locations #1 & #2. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Item NO.4 - Mobilization Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole location #3. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Item NO.5 - Mobilization Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole location #4. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Item NO.6 - Mobilization Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole location #5. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Item NO.7 - Mobilization Furnish and install all civil, structural, electrical and communication materials for complete and operational radio at pole location #6. The lump sum price bid for this item shall be full compensation for all labor, material and equipment required to furnish complete operational radio, which will consist but not be limited to, pedestal pole, conduits, wiring, power service, gates, instrument house, fencing together all required miscellaneous and incidental work is defined in specifications and as shown on drawings. Req. No. 046129 Special Conditions Article 45 - Sheet 2 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. 041629 Special Conditions Article 46 – Sheet1 ARTICLE 47 - TAXES Contractor shall include in bid prices any local and state sales or local and state use taxes on materials and equipment which are affixed to and made part of the completed project or which are permanently incorporated into the project (hereinafter referred to as "applicable materials and equipment"). Complete records of all purchases and payment of state sales taxes on applicable materials or equipment shall be maintained by the Contractor to assist Board in any dispute which may arise with the State Department of Revenue over the interpretation and assessment of state sales and use tax for this public project. Req. No. 046129 Special Conditions Articles 47 - Sheet 1 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. 046129 Special Conditions Article 48 - Sheet 1 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 as the insured. REQ. No. 046129 Special Conditions Article 48 - Sheet 2 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. 046129 Special Conditions Article 48 - Sheet 3 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. (b) Coordinate 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. (c) Sequence of Work Req. No. 046129 Special Conditions Article 49 - Sheet 1 SPECIFICATIONS FOR WIRELESS COMMUNICATION SYSTEM ART. 50 - GENERAL SPECIFICATIONS (a) Extent of Entire Project The work consists of furnishing all labor, material and equipment for the Wireless Communication System by installing six (6) concrete poles at six (6) locations on the east bank of the Mississippi River and all associated electrical and telecommunications hardware and software all in accordance with project specifications and drawings (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: 1. 2. 3. 4. 5. 6. 7 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. Req. No. 046129 Special Conditions Article 50 - Sheet 1 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. 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 Req. No. 046129 Special Conditions Article 50 - Sheet 2 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 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. CONFORMS WITH CONCEPT The Engineer's review found no objectionable deviations and it conforms with the design concept. 2. CONFORMS WITH CONCEPT 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 Req. No. 046129 Special Conditions Article 50 - Sheet 3 manufacturer takes exception to any of the Engineer's comments, then corrected or supplemental data is to be re-submitted. 3. REVISE AND RESUBMIT 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 prints for return to Contractor after approval. The Contractor, at his option, may elect to submit one (1) reproducible drawing and two (2) check prints, in which case, one (1) marked-up reproducible will be returned to the Contractor for his duplication. Where manufacturer's drawings or catalogue cuts are required, the quantities required shall be the same as above. Two (2) of these MUST BE PRINTED ORIGINALS which will be kept by the Board for its records. Those submittals which do not contain two (2) originals will not be accepted. 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. As far as practical, drawings shall be submitted in installments as to avoid any Req. No. 046129 Special Conditions Article 50 - Sheet 4 unnecessary concentration of checking by Board. When submission of manufacturer's catalogue cuts or brochures is required to described 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 "Conforms with Concept" or "Conforms with Concept 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 "Conforms with Concept" or "Conforms with Concept 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 and resubmission, and final review of all submittals. In no case will a schedule be acceptable which allows less than fourteen (14) calendar days, not including Board holidays, for each review by Engineer. MAINTENANCE AND OPERATION MANUALS AND AS-BUILT DRAWINGS Within ten (10) days after substantial completion, the Contractor shall submit two Req. No. 046129 Special Conditions Article 50 - Sheet 5 copies of all maintenance and/or operation manuals, installation drawings, instructions, calibration manuals and assembly instructions received or used for this contract. 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 one (1) set 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. 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. 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. Special Conditions Article 50 - Sheet 6 Req. No. 046129 (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. (See Section 1500) This varies specification to specification so refer to 1500 only. (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. 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. (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 15 consecutive calendar Special Conditions Article 50 - Sheet 7 Req. No. 046129 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 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 fail 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 Special Conditions Article 50 - Sheet 8 Req. No. 046129 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. 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 East Bank of the Mississippi River in New Orleans, Louisiana, as shown on the "Vicinity Map" on the Board's drawing. Req. No. 046129 Special Conditions Article 50 - Sheet 9 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 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 material 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. Refer to SECTION __________ 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. Req. No. 046129 Special Conditions Article 50 – Sheet 10 The physical extension of all utilities, including electric power facilities and piping from 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 keep all equipment, tools and materials stored at least ten (10) feet from the center line of any usable track. Any cost for damage to NOPB or ICRR 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. (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. Req. No. 046129 Special Conditions Article 50 – Sheet 11 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 and similar materials shall be disposed of by the Contractor at an off-site location at his expense, beyond Board’s property. (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 (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. (n) Maintenance of Traffic The Contractor will be required to provide for and maintain terminal traffic during the Req. No. 046129 Special Conditions Article 50 – Sheet 12 construction of this project. It will be the responsibility of the Contractor to conduct his operations in such a manner as not to block any roads during construction. It is further the responsibility of the Contractor to provide tenants and their customers with reasonable access to their properties at all times during construction and to provide access for emergencies and necessary service vehicles, such as fire fighting equipment and sanitary refuse collection trucks. The Contractor will be required to provide and maintain all necessary flagmen, police, barricades, warning and detour signs in order to properly facilitate the movement of all traffic at all times when work is in progress that obstructs or is hazardous to traffic safety or impedes traffic flow. (o) Underground Installations 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. Contractor shall be responsible for discovery of existing underground installations, in advance of excavating or trenching, by contacting all local utilities, and by prospecting. (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. Req. No. 046129 Special Conditions Article 50 – Sheet 13 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. 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. 046129 Special Conditions Article 50 – Sheet 14 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 Special Conditions Article 51 - Sheet 1 Req. No. 041629 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) (2) 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. 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 may require that the Contractor provide written notification before undertaking Special Conditions Article 51 - Sheet 2 Req. No. 041629 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 REQF 000179, 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 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 Special Conditions Article 51 - Sheet 3 Req. No. 041629 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. No. 041629 Special Conditions Article 51 - Sheet 4 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. SAFETY ATTIRE 1000-2 6. MEASUREMENT AND PAYMENT 1000-2 Req. REQ 046129 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 the 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 by him and legally disposed of beyond Board’s property. 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. A minimum of five (5) views shall be taken prior to commencement of work and thereafter biweekly throughout the construction period and shall be submitted prior to the release of monthly progress payments. Pre- construction photos shall be bound separately and submitted to Engineer within ten (10) days from date of work commencement. 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. 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. Req. REQ 046129 1000-1 4. EMPLOYEE IDENTIFICATION CARDS As a result of heightened Port security measures, all contractors, consultants, testing laboratory representatives, survey representatives and any other service providers seeking access to Port property must first submit on their company’s letterhead a list of all employees authorized to be on Port property. This list shall include the respective project/location for which the employee is assigned to perform work, prior to beginning work. Workers must have an employer issued, pictured ID card and current valid photo credentials to validate identification. In the event any immigrant workers are on site, they must carry dual identification/immigration status credentials. Please provide copies of these employee lists via FAX to Construction Services at 504-528-3278 ; and Harbor Police, Sergeant Dedra Trevigne at 504-528-3384. These lists must be updated and forwarded immediately to both offices prior to any new workers mobilizing to the job site. 5. SAFETY ATTIRE All personnel who enter Port terminals in areas may be denied access if a hard hat and a safety vest is not worn. 6. 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. REQ 046129 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 1500-3 5. CLEAN-UP 1500-4 6. MEASUREMENT AND PAYMENT 1500-4 Req. REQ 046129 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 Furnish, install 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 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. At his option, Contractor may furnish, for his exclusive use, a temporary trailer to be utilized as a field office within an area approved by the Engineer. Req. REQ 046129 1500-1 3.05 Construction Utilities 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. 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. Provide adequate artificial light wherever sufficient natural light is lacking to properly execute the work including under the wharf deck. 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: 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 $35.00 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 $150.00 per meter. The disconnect fee for a Board remote meter is $150.00 per meter. The charge for a damaged or lost Board remote meter will be $700 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 Req. REQ 046129 1500-2 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 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 $10.00 Between 4" and 12" $30.00 12" and Greater $60.00 * Based on the Board’s cost of water as of November 5, 2003. 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. 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. Req. REQ 046129 1500-3 Conform to all local regulations regarding load limits and City truck routes and comply with truck traffic requirements as stated herein and shown on the Contract Drawings. 5. CLEAN-UP Remove temporary work when the need for its use has passed. Clean space that was occupied by temporary work. Contractor shall regularly remove debris, rubbish and excess materials from site and legally dispose of beyond Board’s property so as not to cause a public safety hazard of nuisance. Repair damages caused by installation or use of temporary facilities. 6. MEASUREMENT AND PAYMENT No separate measurement for payment will be made for work performed and for materials furnished under this section of the specifications. No pay item will be available for temporary facilities, field offices, utilities and operations. Req. REQ 046129 1500-4 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 2000-2 6. MEASUREMENT AND PAYMENT 2000-4 Req. REQ 046129 2000-a SECTION 2000 - ENVIRONMENT PROTECTION PART 1 - GENERAL 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 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, LADOTD, 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 Elemination 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 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 September 9, 1992, Federal Register. 2.03 Notification The Engineer will notify the Contractor in writing of any non-compliance with the Req. REQ 046129 2000-1 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 Cleanup Obligations The Contractor shall obliterate all signs of temporary construction 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 interest 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, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife, or materials which may be detrimental to outdoor recreation. 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, Req. REQ 046129 2000-2 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, 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 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. Req. REQ 046129 2000-3 6. MEASUREMENT AND PAYMENT No separate measurement for payment will be made for work performed and for materials furnished under this section of the specifications. No pay item will be available for environmental protection. Req. REQ 046129 2000-4 INDEX SECTION 02200 – EARTHWORK PARA. NO. PARAGRAPH TITLE PAGE NO. 1. RELATED DOCUMENTS 02200-1 2. SUMMARY 02200-1 3. DEFINITIONS 02200-1 4. SUBMITTALS 02200-2 5. QUALITY ASSURANCE 02200-2 6. PROJECT CONDITIONS 02200-3 7. SOIL MATERIALS 02200-4 8. OTHER MATERIALS 02200-4 9. EXCAVATION 02200-5 10. STABILITY OF EXCAVATIONS 02200-5 11. DEWATERING 02200-5 12. STORAGE OF EXCAVATED MATERIALS 02200-6 13. EXCAVATION FOR STRUCTURES 02200-6 14. EXCAVATION FOR WALKWAYS AND PAVEMENTS 02200-6 15. TRENCH EXCAVATION FOR PIPES AND CONDUIT 02200-6 16. COLD WEATHER PROTECTION 02200-7 17. BACKFILL AND FILL 02200-7 18. PLACEMENT AND COMPACTION 02200-8 19. GRADING 02200-9 Req. REQ. 046129 02200-a 20. PAVEMENT BASE COURSE 02200-9 21. FIELD QUALITY CONTROL 02200-10 22. EROSION CONTROL 02200-10 23. MAINTENANCE 02200-10 24. DISPOSAL OF EXCESS AND WASTE MATERIALS 02200-11 25. MEASUREMENTS AND PAYMENT 02200-11 Req. REQ. 046129 02200-b SECTION 02200―EARTHWORK PART 1―GENERAL 1. RELATED DOCUMENTS Drawings and general provisions of Contract, including other Division 1 Specification Sections, apply to this Section. 2. SUMMARY This Section includes the following: Preparing of sub-grade for walkways, and pavements, or sidewalks. Excavating and backfilling for underground mechanical and electrical utilities and buried mechanical and electrical appurtenances. Pavement base course. Placement and compaction of general backfill and site fill (sub-base). 3. DEFINITIONS Excavation consists of removal of material encountered to subgrade elevations indicated and subsequent disposal of materials removed. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be at Contractor's expense. Under footings, foundation bases, or retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position, when acceptable to Engineer. In locations other than those above, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Engineer. Additional Excavation: When excavation has reached required sub-grade elevations, notify Engineer, who will make an inspection of conditions. If Engineer determines that bearing materials at required subgrade elevations are unsuitable, continue excavation until suitable bearing materials are encountered and replace excavated material as directed by Engineer. The Contract Sum may be adjusted by an appropriate Contract Modification. Removal of unsuitable material and its replacement as directed will be paid on basis of Conditions of the Contract relative to changes in work. 02200-1 Req. REQ 046129 Subgrade: The undisturbed earth or the compacted soil layer immediately below granular sub-base, drainage fill, or topsoil materials. Base: The compacted soil layer immediately above the subgrade and below the pavement. Structure: Foundations, slabs, tanks, curbs, or other man-made stationary features occurring above or below ground surface. 4. SUBMITTALS Test Reports: Submit the following reports directly to Engineer from the testing services, with copy to Contractor: Test reports on all material. Verification of suitability of each footing subgrade material, in accordance with specified requirements. Field reports; in-place soil density tests. One optimum moisture-maximum density curve for each type of soil encountered. Report of actual unconfined compressive strength and/or results of bearing tests of each strata tested. 5. QUALITY ASSURANCE Codes and Standards: Perform excavation work in compliance with applicable requirements of authorities having jurisdiction, such as: Louisiana Standard Specifications: Comply with applicable requirements of "Louisiana Standard Specifications for Roads and Bridges," 2000 Edition, of the Department of Transportation and Development, Office of Highways, unless requirements specified in this Section are more restrictive. City of New Orleans / Sewerage and Water Board: Comply with applicable standards of the City of New Orleans Sewerage and Water Board, New Orleans Department of Public Works, unless requirements specified in this Section are more restrictive. Testing and Inspection Service: Owner will employ and pay for a qualified independent geotechnical testing and inspection laboratory to perform soil testing and inspection service during earthwork operations. Testing Laboratory Qualifications: To qualify for acceptance, the geotechnical testing laboratory must demonstrate to Engineer's satisfaction, based on evaluation of laboratory-submitted criteria conforming to ASTM E 699, that it has the experience and capability to conduct required field and laboratory geo-technical testing without delaying the progress of the Work. 02200-2 Req. REQ 046129 6. PROJECT CONDITIONS Site Information: Data in subsurface investigation reports was used for the basis of the design and are available to the Contractor for information only. Conditions are not intended as representations or warranties of accuracy or continuity between soil borings. The Owner will not be responsible for interpretations or conclusions drawn from this data by Contractor. Additional test borings and other exploratory operations may be performed by Contractor, at the Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration. Existing Utilities: Locate existing underground utilities in areas of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utilities serving facilities occupied by Owner or others, during occupied hours, except when permitted in writing by Engineer and then only after acceptable temporary utility services have been provided. Provide minimum of 48-hour notice to Engineer and Utility Owner, and receive written notice to proceed before interrupting any utility. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies for shutoff of services if lines are active. Use of Explosives: Use of explosives is not permitted. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. Protect structures, utilities, sidewalks, driveways, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. Perform excavation by hand within drip-line of large trees to remain. Protect root systems from damage or dry out to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with moistened burlap. Protect job site from localized ponding by grading site so as to route runoff to the closest operational catch basin. 02200-3 Req. REQ 046129 PART 2―MATERIALS 7. SOIL MATERIALS Backfill and Fill Materials: Non-plastic clayey sand free of all roots, wood and other deleterious materials with a maximum liquid limit of 25 and a plasticity index of no more than 6. Drainage Structure and Pavement Base Material: Crushed stone conforming to the latest requirements of the LSSRB for Class II Base Course Section 1003.03 (D). Graduation shall be as follows: U.S. SIEVE PERCENT PASSING 1-½” ¾” No. 4 No. 40 No. 200 100 50 - 100 35 - 65 10 - 32 5 - 12 Maximum Liquid Limit, 25, and Maximum plastic Index, 4, for material passing No. 40 sieve. Sodding: "Spillway" sand shall be used only as planting mix. A minimum of 6” thick spillway sand shall be mixed with minimum 3” thick topsoil layer and placed as a planting layer over compacted riversand backfill on all green areas identified in the plans. Sodding shall be planted over the topsoil/spillway sand mix. Unacceptable Materials: "Spillway" sand shall not be used for any other purpose. Materials from on-site excavations shall not be used for any purpose, unless approved by Architect. 8. OTHER MATERIALS Geotextile Fabric: Geotextile fabric shall be in accordance with Section 1019 of the Louisiana Standard Specifications for Roads and Bridges, 2000 edition and latest revisions, or as amended herein. Geotextile fabric shall be a woven high strength fabric with high burst and puncture strength. It shall have woven fabric composed of at least 85% by weight, polyester or polypropylene. The geotextile rolls shall be furnished with suitable wrapping for protection against moisture and extended ultraviolet exposure prior to placement. Each roll shall be labeled or tagged to provide product identification sufficient for field identification, as well as inventory and quality control purposes. Rolls shall be stored in a manner which 02200-4 Req. REQ 046129 protects them from the elements. protected with a waterproof cover. If stored outdoors, they shall be elevated and PART 3―EXECUTION 9. EXCAVATION Excavation is unclassified and includes excavation to subgrade elevations indicated, regardless of character of materials and obstructions encountered. 10. STABILITY OF EXCAVATIONS General: Comply with local codes, ordinances, and requirements of agencies having jurisdiction. Slope sides of excavations to comply with local codes, ordinances, and requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling. Shoring and Bracing: Provide materials for shoring and bracing, such as sheet piling, uprights, stringers, and cross braces, in good serviceable condition. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Extend shoring and bracing as excavation progresses. Provide permanent steel sheet piling or pressure- creosoted timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cut off tops a minimum of 2'-6" below final grade and leave permanently in place. 11. DEWATERING Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. 02200-5 Req. REQ 046129 12. STORAGE OF EXCAVATED MATERIALS Stockpile excavated materials acceptable for backfill and fill where directed. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Do not store within drip line of trees indicated to remain. Dispose of excess excavated soil material and materials not acceptable for use as backfill or fill. 13. EXCAVATION FOR STRUCTURES Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 foot, and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, and other construction and for inspection. Excavations for footings and foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before concrete reinforcement is placed. Trim bottoms to required lines and grades to leave solid base to receive other work. 14. EXCAVATION FOR WALKWAYS AND PAVEMENTS Cut surface under pavements to comply with cross-sections, elevations and grades as indicated. 15. TRENCH EXCAVATION FOR PIPES AND CONDUIT Excavate trenches to uniform width, sufficiently wide to provide ample working room and a minimum of 12 inches of clearance on both sides of pipe or conduit. Excavate trenches and conduit to depth indicated or required to establish indicated slope and invert elevations and to support bottom of pipe or conduit on undisturbed soil. Beyond building perimeter, excavate trenches to allow installation of top of pipe below frost line. For pipes and equipment 6 inches or larger in nominal size, shape bottom of trench to fit bottom of pipe for 90 degrees (bottom 1/4 of the circumference). Fill depressions with tamped, crushed limestone backfill. At each pipe joint, dig bell holes to relieve pipe bell of loads and to ensure continuous bearing of pipe barrel on bearing surface. 16. COLD WEATHER PROTECTION Protect excavation bottoms against freezing when atmospheric temperature is less than 35 degrees F. 02200-6 Req. REQ 046129 17. BACKFILL AND FILL General: Place soil material in layers to required subgrade elevations, for each area classification listed below, using materials specified in Part 2 of this Section. On grassed areas, use topsoil (min. 6” thick). Under pavements, use base material. Under piping and conduit and equipment, use crushed stone where required over natural subgrade and for correction of unauthorized excavation. Shape excavation bottom to fit bottom 90 degrees of cylinder. Backfill trenches with concrete where trench excavations pass within 18 inches of column or wall footings and that are carried below bottom of such footings or that pass under wall footings. Place concrete to level of bottom of adjacent footing. Concrete is specified in Division 3. Do not backfill trenches until tests and inspections have been made and backfilling is authorized by Engineer. Use care in backfilling to avoid damage or displacement of pipe systems. Provide minimum 8-inch thick concrete base slab support for all drop inlets, manholes, and catch basins. After installation and testing of piping or conduit, provide minimum 4-inch-thick encasement (sides and top) of concrete for piping or conduit less than 2'-6" below surface of roadway prior to backfilling or placement of roadway subbase. Backfill excavations as promptly as work permits, but not until completion of the following: Acceptance of construction below finish grade including, where applicable, damp proofing, waterproofing, and perimeter insulation. Inspection, testing, approval, and recording locations of underground utilities have been performed and recorded. Removal of concrete formwork. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut off temporary sheet piling driven below bottom of structures and remove in manner to prevent settlement of the structure or utilities, or leave in place if required. Removal of trash and debris from excavation. Permanent or temporary horizontal bracing is in place on horizontally supported walls. 02200-7 Req. REQ 046129 18. PLACEMENT AND COMPACTION Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. Place backfill and fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. Place backfill and fill materials evenly adjacent to structures, piping, or conduit to required elevations. Prevent wedging action of backfill against structures or displacement of piping or conduit by carrying material uniformly around structure, piping, or conduit to approximately same elevation in each lift. Control soil and fill compaction, providing minimum percentage of density specified for each area classification indicated below. Correct improperly compacted areas or lifts as directed by Engineer if soil density tests indicate inadequate compaction. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density: Under building foundation, lawn or unpaved areas, compact each layer of backfill or fill material at 90 percent maximum density, per ASTM D-698. Under concrete walkways, handicap ramps, driveways, and sidewalks, proof-roll natural subgrade and compact each successive layer of riversand base course material to 95 percent of maximum density @ optimum moisture per ASTM D-1557. Under all pavements using crushed limestone or crushed concrete base, compact to 95 percent of maximum density @ optimum moisture per ASTM D-1557. Under driveways, compact riversand base to minimum 95 percent of maximum density @ optimum moisture per ASTM D-1557. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade or layer of soil material. Apply water in minimum quantity as necessary to prevent free water from appearing on surface during or subsequent to compaction operations. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 02200-8 Req. REQ 046129 Stockpile or spread soil material that has been removed because it is too wet to permit compaction. Assist drying by discing, harrowing, or pulverizing until moisture content is reduced to a satisfactory value. 19. GRADING General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are indicated or between such points and existing grades. Grading Outside Retaining Walls: Grade areas adjacent to retaining walls to drain away from structure and to prevent ponding. Finish surfaces free from irregular surface changes and as follows: Lawn or Unpaved Areas: Finish areas to receive topsoil to within not more than 0.10 foot above or below required subgrade elevations. Ramps, Sidewalks and Walkways: Shape surface of areas under walks to line, grade, and cross-section, with finish surface not more than 0.10 foot above or below required subgrade elevation. Pavements: Shape surface of areas under pavement to line, grade, and cross-section, with finish surface not more than 1/2 inch above or below required subgrade elevation. Compaction: After grading, compact subgrade surfaces to the depth and indicated percentage of maximum or relative density for each area classification. 20. PAVEMENT BASE COURSE General: base course consists of placing subbase material, in layers of specified thickness, over subgrade surface to support a pavement. Refer to other Division 2 sections for paving specifications. Grade Control: During construction, maintain lines and grades including crown and cross-slope of subbase course. Shoulders: Place shoulders along edges of base course to prevent lateral movement. Construct shoulders of acceptable soil materials, placed in such quantity to compact to thickness of each subbase course layer. Compact and roll at least a 12-inch width of shoulder simultaneous with the compaction and rolling of each layer of subbase course. Placing: Place base course material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting subbase material during placement operations. 02200-9 Req. REQ 046129 When a compacted subbase course is indicated to be 6 inches thick or less, place material in a single layer. When indicated to be more than 6 inches thick, place material in equal layers, except no single layer more than 6 inches or less than 3 inches in thickness when compacted. 21. FIELD QUALITY CONTROL Quality Control Testing During Construction: Allow testing service to inspect and approve each subgrade and fill layer before further backfill or construction work is performed. Perform field density tests in accordance with ASTM D-1556 (sand cone method) or ASTM D-2167 (rubber balloon method), as applicable. Field density tests may also be performed by the nuclear method in accordance with ASTM D-2922, providing that calibration curves are periodically checked and adjusted to correlate to tests performed using ASTM D-1556. In conjunction with each density calibration check, check the calibration curves furnished with the moisture gages in accordance with ASTM D-3017. If field tests are performed using nuclear methods, make calibration checks of both density and moisture gages at beginning of work, on each different type of material encountered, and at intervals as directed by the Engineer. Trench Excavation: Perform at least one field density test of sub-grade for every 100 linear feet of trench area. In each compacted fill layer, perform one field density test for every 50 linear feet of overlaying backfill, but in no case fewer than 1 test per installation. If in opinion of Engineer, based on testing service reports and inspection, sub-grade or fills that have been placed are below specified density, perform additional compaction and testing until specified density is obtained. 22. EROSION CONTROL Provide erosion control methods in accordance with requirements of authorities having jurisdiction. 23. MAINTENANCE Protection of Graded Areas: Protect newly graded areas from traffic, erosion, and localized ponding. Keep free of trash and debris. Repair and re-establish grades in settled, eroded, ponded, and rutted areas to specified tolerances. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. 02200-10 Req. REQ 046129 Settling: Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 24. DISPOSAL OF EXCESS AND WASTE MATERIALS Removal from Owner’s Property: Remove excess excavated material, trash, debris, and waste materials and dispose of it off of Owner’s property at a legal landfill. 25. MEASUREMENTS AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 02200-11 Req. REQ 046129 INDEX SECTION 02520 – PORTLAND CEMENT CONCRETE PAVING PARA. NO. PARAGRAPH TITLE PAGE NO. 1. RELATED DOCUMENTS 02520-1 2. SUMMARY 02520-1 3. SUBMITTALS 02520-1 4. QUALITY ASSURANCE 02520-1 5. JOB CONDITIONS 02520-1 6. MATERIAL 02520-1 7. CONCRETE MIX, DESIGN, AND TESTING 02520-3 8. SURFACE PREPARATION 02520-3 9. FORM CONSTRUCTION 02520-3 10. REINFORCEMENT 02520-4 11. CONCRETE PLACEMENT 02520-4 12. JOINTS 02520-4 13. CONCRETE FINISHING 02520-6 14. CURING 02520-6 15. REPAIRS AND PROTECTIONS 02520-6 16. MEASUREMENTS AND PAYMENT 02520-7 Req. REQ 046129 02520-a SECTION 02520―PORTLAND CEMENT CONCRETE PAVING PART 1―GENERAL 1. RELATED DOCUMENTS Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this Section. 2. SUMMARY Extent of portland cement concrete paving is shown on drawings, including curbs, gutters, walkways, sidewalks, and driveways. Procedures and materials for construction of aggregate surfaced parking lots are specified in section 02200, Earthwork. Prepared sub-base is specified in section 02200, Earthwork. Concrete and related materials are specified in Division 3. Joint fillers and sealers as indicated in Division 2 and on Sheet C-6:00 and LS-2.01 through LS-2.03. 3. SUBMITTALS Provide samples, manufacturer's product data, test reports, and materials' certifications as required in referenced sections for concrete and joint fillers and sealers. 4. QUALITY ASSURANCE Codes and Standards: Comply with local governing regulations if more stringent than herein specified. 5. JOB CONDITIONS Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities. Coordinate with requirements for "Temporary Facilities" specified in Division 1. PART 2―PRODUCTS 6. MATERIALS Forms: Steel, wood, or other suitable material of size and strength to resist movement 02520-1 Req. REQ 046129 during concrete placement and to retain horizontal and vertical alignment until removal. Use straight forms, free of distortion and defects. Use flexible spring steel forms or laminated boards to form radius bends as required. Coat forms with a non-staining form release agent that will not discolor or deface surface of concrete. Welded Wire Mesh: Welded plain cold-drawn steel wire fabric, ASTM A 185. Furnish in flat sheets, not rolls, unless otherwise acceptable to Engineer. Reinforcing Bars: Deformed steel bars, ASTM A 615, Grade 60. Joint Dowel Bars: Plain steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. Concrete Materials: Comply with requirements of applicable Division 3 sections for concrete materials, admixtures, bonding materials, curing materials, and others as required. Expansion Joint Materials: Comply with requirements of applicable Division 2 sections for preformed expansion joint fillers and sealers. Anti-spalling Compound: Combination of boiled linseed oil and mineral spirits, complying with AASHTO M-233. Liquid-Membrane Forming and Sealing Curing Compound: Comply with ASTM C 309, Type I, Class A unless other type acceptable to Engineer. Moisture loss no more than 0.055 gr./sq. cm. when applied at 200 sq. ft. / gal. Products: Subject to compliance with requirements, provide one of the following: "A-H 3 Way Sealer"; Anti-Hydro Waterproofing Co. "Ecocure"; Euclid Chemical Co. "Kure-N-Seal"; Sonneborn-Contech. "L&M Cure"; L & M Construction Chemicals. Bonding Compound: Polyvinyl acetate or acrylic base, rewettable type. Products: Subject to compliance with requirements, provide one of the following: "Everbond"; L & M Construction Chemicals. "Hornweld"; A. C. Horn. "Sonocrete"; Sonneborn-Contech. Epoxy Adhesive: ASTM C 881, 2-component material suitable for use on dry or damp surfaces. Provide material "Type", "Grade", and "Class" to suit project requirements. 02520-2 Req. REQ 046129 Products: Subject to compliance with requirements, provide one of the following: "Epoxtite"; A. C. Horn. "Sikadur Hi-Mod"; Sika Chemical Corp. "Euco Epoxy 463 or 615"; Euclid Chemical Co. 7. CONCRETE MIX, DESIGN, AND TESTING Comply with requirements of applicable Division 3 sections for concrete mix design, sampling and testing, and quality control and as herein specified. Design mix to produce normal-weight concrete consisting of portland cement, aggregate, water-reducing or high-range water-reducing admixture (superplasticizer), air-entraining admixture, and water to produce the following properties: Compressive Strength: 4000 psi, minimum at 28 days, unless otherwise indicated. Slump Limits: 8 inches minimum for concrete containing high-range water-reducing admixture (superplasticizer); 3 inches for other concrete. Air Content: 5 to 8 percent. Flexured Strength: 650 psi, minimum at 28 days. PART 3―EXECUTION 8. SURFACE PREPARATION Remove loose material from compacted subbase surface immediately before placing concrete. Compact prepared subbase surface to check for unstable areas and need for additional compaction, per requirements of Section 02200 - Earthwork. Do not begin paving work until such conditions have been corrected and are ready to receive paving. 9. FORM CONSTRUCTION Set forms to required grades and lines, braced and secured. Install forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. Check completed formwork for grade and alignment to following tolerances: Top of forms not more than 1/8 inch in 10 feet. Vertical face on longitudinal axis, not more than 1/4 inch in 10 feet. 02520-3 Req. REQ 046129 Clean forms after each use and coat with form release agent as required to ensure separation from concrete without damage. Slope step treads at 1/4 inch per foot to drain. 10. REINFORCEMENT Locate, place and support reinforcement as specified in Division 3 sections, unless otherwise indicated. 11. CONCRETE PLACEMENT General: Comply with requirements of Division 3 sections for mixing and placing concrete, and as herein specified. Do not place concrete until subbase and forms have been checked for line and grade. Moisten subbase if required to provide a uniform dampened condition at time concrete is placed. Do not place concrete around manholes or other structures until they are at required finish elevation and alignment. Place concrete by methods that prevent segregation of mix. Consolidate concrete along face of forms and adjacent to transverse joints with internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square-faced shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Use bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. Deposit and spread concrete in a continuous operation between transverse joints as far as possible. If interrupted for more than 1/2 hour, place a construction joint. When adjacent pavement lanes are placed in separate pours, do not operate equipment on concrete until pavement has attained sufficient strength to carry loads without injury. Curbs and Gutters: Automatic machine may be used for curb and gutter placement at Contractor's option. If machine placement is to be used, submit revised mix design and laboratory test results that meet or exceed minimums specified. Machine placement must produce curbs and gutters to required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. 12. JOINTS General: Construct butt, expansion, weakened-plane (contraction), longitudinal, longitudinal construction, and construction joints true to line with face perpendicular to surface of concrete. Construct transverse joints at right angles to the centerline, unless otherwise indicated. 02520-4 Req. REQ 046129 When joining existing structures, place transverse joints to align with previously placed joints, unless otherwise indicated. Weakened-Plane (Contraction) Joints: Provide weakened-plane (contraction) joints, sectioning concrete into areas as shown on drawings. Construct weakened-plane joints for a depth equal to at least 1/4 concrete thickness, as follows: Tooled Joints: Form weakened-plane joints in fresh concrete by grooving top portion with a recommended cutting tool and finishing edges with a jointer. Sawed Joints: Form weakened-plane joints with powered saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut joints into hardened concrete as soon as surface will not be torn, abraded, or otherwise damaged by cutting action. Inserts: Use embedded strips of metal or sealed wood to form weakened-plane joints. Set strips into plastic concrete and carefully remove strips after concrete has hardened. Construction Joints: Place construction joints at end of placements and at locations where placement operations are stopped for more than 1/2 hour, except where such placements terminate at expansion joints. Construct joints as shown or, if not shown, use standard metal keyway-section forms. Where load transfer-slip dowel devices are used, install so that one end of each dowel bar is free to move. Expansion Joints: Provide pre-moulded joint filler for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks, and other fixed objects, unless otherwise indicated. Locate expansion joints at maximum 20 feet o.c. for each pavement lane, unless otherwise indicated. Extend joint fillers full width and depth of joint, not less than 1/2 inch or more than 1 inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. Furnish joint fillers in one-piece lengths for full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together. Protect top edge of joint filler during concrete placement with a metal cap or other temporary material. Remove protection after concrete has been placed on both sides of joint. Fillers and Sealants: Comply with requirements of applicable Division 7 sections for preparation of joints, materials, installation, and performance. 02520-5 Req. REQ 046129 13. CONCRETE FINISHING After striking-off and consolidating concrete, smooth surface by screeding and floating. Use hand methods only where mechanical floating is not possible. Adjust floating to compact surface and produce uniform texture. After floating, test surface for trueness with a 10-ft. straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2-inch radius, unless otherwise indicated. Eliminate tool marks on concrete surface. After completion of floating and when excess moisture or surface sheen has disappeared, complete troweling and finish surface as follows: Broom finish by drawing a fine-hair broom across concrete surface perpendicular to line of traffic. Repeat operation if required to provide a fine line texture acceptable to Engineer. On inclined slab surfaces, provide a coarse, non-slip finish by scoring surface with a stiff-bristled broom, perpendicular to line of traffic. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point-up any minor honeycombed areas. Remove and replace areas or sections with major defects, as directed by Engineer. 14. CURING Protect and cure finished concrete paving in compliance with applicable requirements of Division 3 sections. Use membrane-forming curing and sealing compound or approved moist-curing methods. Anti-spalling Treatment: Apply treatment to concrete surfaces no sooner than 28 days after placement, to clean, dry concrete free of oil, dirt, and other foreign material. Apply curing and sealing compound at a maximum coverage rate of 300 s.f. per gallon. Apply anti-spalling compound in 2 sprayed applications. First application at rate of 40 sq. yds. per gal.; second application, 60 sq. yds. per gallon. Allow complete drying between applications. 15. REPAIRS AND PROTECTIONS Repair or replace broken or defective concrete, as directed by Engineer. Drill test cores where directed by Engineer when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement concrete bonded to pavement with epoxy adhesive. 02520-6 Req. REQ 046129 Protect concrete from damage until acceptance of work. Exclude traffic from pavement for at least 14 days after placement. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. Sweep concrete pavement and wash free of stains, discolorations, dirt, and other foreign material just before final inspection. 16. MEASUREMENTS AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 02520-7 Req. REQ 046129 INDEX SECTION 02588 – CONCRETE POLES PARA. NO. PARAGRAPH TITLE PAGE NO. 1. REFERENCES 02588-1 2. SUBMITTALS 02588-2 3. QUALITY ASSURANCE 02588-2 4. DESIGN REQUIREMENT 02588-3 5. CONCRETE 02588-3 6. CEMENT 02588-3 7. WATER 02588-4 8. AGGREGATES 02588-4 9. ADMIXTURES 02588-4 10. REINFORCEMENT 02588-4 11. HARDWARE 02588-4 12. ELECTRICAL GROUND 02588-4 13. GENERAL 02588-4 14. INSTALLATION 02588-6 15. MEASUREMENT AND PAYMENT 02588-6 Req. REQ. 046129 02588-a SECTION 02588 – CONCRETE POLES PART 1 - GENERAL 1. REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ACI INTERNATIONAL (ACI) ACI 211.1 (1991; R 2002) Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete ACT 318 Building Code Requirements for Structural Concrete and Commentary ASTM INTERNATIONAL (ASTM) ASTM A 416/A 416M (2006) Standard Specification for Steel Strand, Uncoated Seven-Wire for Prestressed Concrete ASTM A 421/A 421M (2005) Standard Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete ASTM A 615/A 615M (2006a) Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement ASTM A 706/A 706M (2006a) Standard Specification for Low-Alloy Steel Deformed and Plain Bars For Concrete Reinforcement ASTM A 82/A 82M (2005a) Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM C 150 (2005) Standard Specification for Portland Cement ASTM C 260 (2006) Standard Specification for Air-Entraining Admixtures for Concrete 02588 - 1 Req. REQ 046129 ASTM C 33 (2003) Standard Specification for Concrete Aggregates ASTM C 494/C 494M (2005a) Standard Specification for Chemical Admixtures for Concrete ASTM C 595 (2006) Standard Specification for Blended Hydraulic Cements ASTM C 618 (2005) Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan For Use in Concrete ASTM C 989 (2006) Standard Specification for Ground Granulated Blast-Furnace Slag for Use in Concrete and Mortars PRECAST/PRESTRESSED CONCRETE INSTITUTE (PCI) 2. PCI MNL-116 (1999) Manual for Quality Control for Plants and Production of Structural Precast Concrete Products PCI MNL-120 (2004) Design Handbook – Precast and Prestressed Concrete SUBMITTALS Design Data Concrete Mix Design Calculations Submit calculations for the design of the Prestressed concrete poles Prepared and sealed by a registered engineer in the State of Louisiana. 3. QUALITY ASSURANCE Concrete Poles Provide precast prestressed poles for support of components for the wireless security system. Precast prestressed concrete poles shall be the product of a manufacturer specializing in the production of precast concrete members with at least 5 years of experience in the manufacture of prestressed concrete poles. Prestressed concrete poles shall be designed in accordance with PCI MNL-120. Produce poles in one piece, and in accordance with PCI MNL-116. 02588 - 2 Req. REQ 046129 Modification of References In the ACI publications, consider the advisory provisions to be mandatory, as though the word “shall” had been substituted for “should” wherever it appears. 4. DESIGN REQUIREMENT At least 30 calendar days prior to concrete placement, submit a mix design approved by certified testing lab for each strength and type of concrete. Submit a complete list of materials including type; brand; source and amount of cement, fly ash, Pozzolan, ground slag, and admixtures; and applicable reference specification. Submit copies of test reports showing that the mix has been successfully tested to produce concrete with the properties specified and is suitable for the job conditions. Furnish fly ash and Pozzolan test results performed within 6 months of submittal date. Obtain approval before concrete placement. Submit additional data regarding concrete aggregates if the source of aggregate changes. Certificates: Procedure Requirement Submit the precasting manufacturer’s quality control procedures accordance with PCI MNL-116. established in PART 2 - PRODUCTS 5. CONCRETE ACI 211.1 or ACI 318 for Contractor furnished mix design. The minimum compressive strength of concrete at 28 days shall be 5000 psi unless otherwise indicated. Add airentraining admixtures to produce between 4 and 6 percent air by volume. 6. CEMENT ASTM C 150, Type I, II, or III, or ASTM C 595, Type IP or IS blended cement, except as modified herein. The blended cement shall consist of a mixture of ASTM C 150 cement and one of the following materials: ASTM C 618 pozzolan or fly ash, or ASTM C 989 ground iron blast-furnace slag. The pozzolan or fly ash content shall not exceed 25 percent by weight of the total cementitious material and the ground iron blast-furnace slag shall not exceed 50 percent by weight of total cementitious material. Fly Ash and Pozzolan ASTM C 618, Type N, F, or C, except that the maximum allowable loss on ignition shall be 6 percent for Types N and F. Ground Iron Blast-Furnace Slag ASTM C 989, Grade 100 or 120. 02588 - 3 Req. REQ 046129 7. WATER Provide fresh, clean and potable water. 8. AGGREGATES ASTM C 33, Size 57, 67, or 7. Aggregates shall not contain any substance which may be deleteriously reactive with the alkalies in the cement. 9. ADMIXTURES ASTM C 494/C 494M, except that air entraining shall conform to ASTM C 260. 10. REINFORCEMENT Reinforcing Bars ASTM A 615 Grade 60. Ties and Spirals Steel, ASTM A 82 Prestressing Steel Seven-wire stress-relieved strand conforming to ASTM A 416 or stress-relieved wire conforming to ASTM A 421, Type WA. The minimum ultimate strength shall be 250,000 psi. Prestressing steel shall be free from grease, oil, wax, paint, soil, dirt, loose rust, kinks, bends, or other defects. 11. HARDWARE All structural steel shall conform to ASTM A 36 and zinc alloy AC41A shall conform to ASTM B 240. The finish shall be hot dipped galvanized in accordance with ASTM A 153. 12. ELECTRICAL GROUND All sports lighting poles will be supplied with a #6 stranded copper ground wire cast into the wall of the pole. 13. GENERAL Prior to installation of poles, check for damage, such as cracking, spalling, and honeycombing. Structurally impaired prestressed members will be rejected. 02588 - 4 Req. REQ 046129 Design poles to support equipment to be placed on poles, wind loading on equipment and wind loading on pole in accordance with ASCE 7 02. Wind criteria is 150 MPH, 3 second gust, importance factor 1.15. Submit calculations prepared and sealed by a registered civil engineer in the State of Louisiana for review. Poles shall be Prestressed and the concrete placed in steel molds by the centrifugal spinning process. Poles shall have a smooth natural form finish, soft gray in color. Poles shall be designed and constructed so that all wiring and grounding facilities are concealed within the pole. All handholes, couplings, inserts for step bolts, thru-bolt holes and ground wire shall be cast into the pole during the manufacturing process. Poles shall be round in cross section and provide a continuous taper of .18” per foot of length and provide a minimum ¾” of concrete coverage over the longitudinal steel. All cable entry holes shall be in accordance with the location and sizes as required by the buyer and shall be free from sharp edges for passages of electrical wiring. All handhole frames shall be composed of a non-metallic, non-conductive injection molded material or a rugged high density cast zinc. A. B. C. D. E. A 3” x 12” or 4” x 10” conduit entrance opening centered 18” below grade (depending on size of pole). A 3.5” x 10.5” handhole frame with flush cover centered 3’ 6” above grade (or as specified). A 2.5” x 8.5” handhole frame with flush cover located 180 degrees from dis-connect switches. Top wiring will be through a 2” or 1 ½” threaded coupling which ever is suitable for the diameter of the pole with access by way of a 2 ½” x 8” handhold frame with flush cover located at platform/crossarm level for use during installation and maintenance of electrical wiring. A “J” hook wire hanger will be provided at top coupling location for use with kellems grip. Or as needed by specifier. All poles shall be provided with a fish wire to facilitate cable installation. An aluminum nameplate cast into the wall of the pole approximately 4’5” above the groundline identifying the manufacturer, manufacture date, length, weight, class and fabrication number. Provide lightning protection system. Approved by Engineer. 14. INSTALLATION Handling and Erection, pole placement 02588 - 5 Req. REQ 046129 Augering Poles shall be set in augered holes with permanent casings with a minimum diameter 12 inches larger than the concrete pole and a minimum of 36” in diameter. Each pole shall be installed in a straight-sided casing. The casing shall be installed by driving or vibratory methods. The casing is to be designed to have sufficient strength to withstand handling stresses, concrete placement, and surrounding earth and water pressures. One the casing has been installed, soils within the casing may be removed by augering. The inside of the casing shall be cleaned to be free of mud to the maximum depth which may be practically achieved, but a minimum depth of at least 75% of the casing embedment. The casing shall be cleaned by mechanically scraping and hydrologicly scouring the inside of the casing adequately to allow bonding of the concrete to the casing. Concrete used to fill the annular space between the poles and casings should be placed with a tremie pipe or pump from the bottom of the hole upward. The concrete shall be placed so that any drilling fluids or mud will be displaced to maintain the integrity of the concrete. Cure concrete a minimum of 72 hours before performing further work on the poles. Fill augered hole around pole with air-entrained concrete having a minimum compressive strength of 3000 psi at 28 days and finish in a dome. Cure concrete a minimum of 72 hours before performing further work on poles. 15. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 02588 - 6 Req. REQ 046129 INDEX SECTION 02821 – CHAIN-LINK FENCES AND GATES PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 02821-1 2. PERFORMANCE REQUIREMENTS 02821-1 3. SUBMITTALS 02821-1 4. QUALITY ASSURANCE 02821-2 5. PROJECT CONDITIONS 02821-2 6. PRODUCTS 02821-2 7. CHAIN-LINK FENCE FABRIC 02821-2 8. INDUSTRIAL FENCE FRAMING 02821-3 9. INDUSTRIAL SWING GATES 02821-4 10. INDUSTRIAL HORIZONTAL-SLIDE GATES 02821-4 11. FITTINGS 02821-5 12. GROUT AND ANCHORING CEMENT 02821-5 13. POLYMER FINISHES 02821-5 14. EXECUTION 02821-6 15. EXAMINATION 02821-6 16. PREPARATION 02821-6 17. INSTALLATION, GENERAL 02821-6 18. CHAIN-LINK FENCE INSTALLATION 02821-6 19. GATE INSTALLATION 02821-7 Req. REQ. 046129 02821-a 20. ADJUSTING 02821-7 21 MEASUREMENTS AND PAYMENT 02821-8 Req. REQ. 046129 02821-b SECTION 02821 - CHAIN-LINK FENCES AND GATES PART 1 - GENERAL 1. SUMMARY This Section includes the following: Chain-Link Fences Industrial, galvanized with polymer coating at kennels. Industrial, galvanized at perimeter fencing. Gates (as shown on Drawings): Swing Gates at kennels. Rolling gates at perimeter fencing as shown on Drawings. Related Sections include the following: Division 2 Section "Earthwork" for site excavation, fill, and backfill where chain-link fences and gates are located. Division 3 Section "Cast-in-Place Concrete" for concrete. 2. PERFORMANCE REQUIREMENTS Structural Performance: Provide chain-link fences and gates capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine based on mesh size and pattern specified, and on the following minimum design wind pressures and according to CLFMI WLG 2445: Basic wind gust: V = 130 mph Fence Height: See Drawings. Line Post Group: IA, ASTM F 1043, Schedule 40 steel pipe. Wind Exposure Category: B. 3. SUBMITTALS Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for chain-link fences and gates. Fence and gate posts, rails, and fittings. Chain-link fabric, reinforcements, and attachments. 02821 - 1 Req. REQ 046129 Gates and hardware. Accessories. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, weights, and finishes of components. Include plans, gate elevations, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances. Samples for Initial Selection: Manufacturer's color charts or 6-inch (150-mm) lengths of actual units showing the full range of colors available for components with factoryapplied color finishes. Samples for Verification: For each type of chain-link fence and gate indicated. Polymer-coated galvanized steel wire (for fabric) in 6-inch (150-mm) lengths. Polymer coating, in 6-inch (150-mm) lengths on shapes for posts, rails, wires, and gate framing and on full-sized units for accessories. Maintenance Data: For the following to include in maintenance manuals: Polymer finishes. 4. QUALITY ASSURANCE Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. 5. PROJECT CONDITIONS Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. 6. PRODUCTS 7. CHAIN-LINK FENCE FABRIC General: Height indicated on Drawings. Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: Steel Wire Fabric at kennels: Galvanized Metallic Polymer-coated wire with a diameter of 0.120 inches (3.05 mm). Mesh Size: 1 inch (25 mm). Weight of Metallic (Zinc) Coating: ASTM A 392, Type II, Class 2, 2.0 oz./sq. ft. (610 g/sq. m) with zinc coating applied after weaving. 02821 - 2 Req. REQ 046129 Polymer Coating: ASTM F 668, Class 2b over metallic-coated steel wire. Color: As selected by Architect from manufacturer's full range, complying with ASTM F 934. Steel Wire Fabric at perimeter fencing: Steel Wire Fabric: Galvanized Metallic-coated wire with a minimum diameter of 0.148 inch (3.76 mm). Mesh Size: 2 inches (50 mm). Weight of Metallic (Zinc) Coating: ASTM A 392, Type II, Class 2, 2.0 oz./sq. ft. (610 g/sq. m) with zinc coating applied after weaving. 8. INDUSTRIAL FENCE FRAMING Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group IC round pipe, and the following: Group: IA, round steel pipe, hot-dipped galvanized steel pipe conforming to ASTM F 1083, plain ends, standard weight (schedule 40) with not less than 1.8 oz. zinc per sq. ft. of surface area coated. Coating for all Steel Framing: Metallic Coating: External, Type B, zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. (0.27 kg/sq. m) of zinc after welding, a chromate conversion coating, and a clear, verifiable polymer film. Internal, Type D, consisting of 81 percent, not less than 0.3-mil(0.0076-mm-) thick, zinc pigmented coating. Polymer coating over metallic coating at kennel area. Fence Height: See Drawings Strength Requirement: Light industrial according to ASTM F 1043. Post Diameter and Thickness: According to ASTM F 1043. Line Post: 2.375 inches (60 mm) minimum. End, Corner and Pull Post: 2.875 inches (73 mm) minimum. Swing Gate Post: According to ASTM F 900. Top Rail: 1.66-inch OD Type I or II steel pipe. Manufacturer's longest lengths, with expansion-type couplings, approximately 6 inches long, for each joint. Provide means for attaching top rail securely to each gate corner, pull, and end post. 02821 - 3 Req. REQ 046129 9. INDUSTRIAL SWING GATES General: Comply with ASTM F 900 for single swing gate types. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1043 and ASTM F 1083 for materials and protective coatings. Frames and Bracing: Fabricate members from, galvanized steel tubing, shape as selected by Architect, with outside dimension and weight according to ASTM F 900 and the following: Gate Fabric Height: As indicated. Leaf Width: As indicated. Frame Members: Tubular Steel: 1.90 inches (48 mm) round. Frame Corner Construction: Welded or assembled with corner fittings. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and keepers for each gate leaf more than 5 feet (1.52 m) wide. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 10. INDUSTRIAL HORIZONTAL-SLIDE GATES General: Comply with ASTM F 1184 for single slide gate types. Classification: Type II Cantilever Slide, Class 1 with external roller assemblies. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1184 for materials and protective coatings. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside dimension and weight according to ASTM F 1184 and the following: Gate Fabric Height: 6 feet (1.83 m). Gate Opening Width: As indicated on Drawings. Frame Members: Tubular Steel: 1.90 inches (48 mm) round. Bracing Members: Tubular Steel: 1.90 inches (48 mm) round. Frame Corner Construction: Welded frame with panels assembled with bolted or riveted corner fittings and 5/16inch- (7.9-mm-) diameter, adjustable truss rods for panels 5 feet (1.52 m) wide or wider. 02821 - 4 Req. REQ 046129 Roller Guards: As required per ASTM F 1184 for Type II, Class 1 gates. Hardware: Latches permitting operation from both sides of gate, locking devices hangers roller assemblies and stops fabricated from galvanized steel. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 11. FITTINGS General: Comply with ASTM F 626. Rail Fittings: Provide the following: Top Rail Sleeves: Pressed-steel or round-steel tubing not less than 6 inches (152 mm) long. Tie Wires, Clips, and Fasteners: According to ASTM F 626. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: Hot-Dip Galvanized Steel: 0.148-inch- (3.76-mm-) diameter wire; galvanized coating thickness matching coating thickness of chain-link fence fabric. Finish: Metallic Coating for Pressed Steel or Cast Iron: Not less than 1.2 oz. /sq. ft. (366 g /sq. m) zinc. 12. GROUT AND ANCHORING CEMENT Nonshrink, Nonmetallic Grout: Premixed, factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by manufacturer, for exterior applications. Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-controlled expansion cement formulation for mixing with potable water at Project site to create pourable anchoring, patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating and that is recommended in writing by manufacturer, for exterior applications. 13. POLYMER FINISHES Supplemental Color Coating: In addition to specified metallic coatings for steel, provide fence components with polymer coating. Metallic-Coated Steel Tension Wire: PVC-coated wire complying with ASTM F 1664, Class 2b. Metallic-Coated Steel Framing and Fittings: Comply with ASTM F 626 and ASTM F 1043 for polymer coating applied to exterior surfaces and, except inside cap shapes, to exposed interior surfaces. 02821 - 5 Req. REQ 046129 Polymer Coating: Not less than 10-mil- (0.254-mm-) thick PVC or 3-mil- (0.076-mm-) thick polyester finish. Color: As selected by Architect from manufacturer's full range, complying with ASTM F 934. 14. EXECUTION 15. EXAMINATION Examine areas and conditions, with Installer present, for compliance with requirements for a verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work, and other conditions affecting performance. Do not begin installation before final grading is completed, unless otherwise permitted by Architect. Proceed with installation only after unsatisfactory conditions have been corrected. 16. PREPARATION Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet (152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments. 17. INSTALLATION, GENERAL Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. 18. CHAIN-LINK FENCE INSTALLATION Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. Exposed Concrete: Extend 2 inches (50 mm) above grade; shape and smooth to shed water. Posts Set into Concrete in Sleeves: Use steel pipe sleeves preset and anchored into concrete for installing posts. After posts have been inserted into sleeves, fill annular space between post and sleeve with nonshrink, nonmetallic grout, mixed and placed to 02821 - 6 Req. REQ 046129 comply with anchoring material manufacturer's written instructions, and finished sloped to drain water away from post. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of as indicated on Drawings. Line Posts: Space line posts uniformly at 8 feet (2.44 m) o.c. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of corner and pull posts. Locate horizontal braces at midheight of fabric 6 feet (1.83 m) or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. Bottom Rails: Install, spanning between posts. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2 inches (50 mm) between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 15 inches (380 mm) o.c. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. Maximum Spacing: Tie fabric to line posts at 12 inches (300 mm) o.c. and to braces at 24 inches (610 mm) o.c. 19. GATE INSTALLATION Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper-resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. 20. ADJUSTING Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, 02821 - 7 Req. REQ 046129 throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. Lubricate hardware and other moving parts. 21. MEASUREMENTS AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 02821 - 8 Req. REQ 046129 INDEX SECTION 16010 – BASIC ELECTRICAL REQUIREMENTS PARA. NO. PARAGRAPH TITLE PAGE NO. 1. RELATED DOCUMENTS 16010-1 2. DESCRIPTION OF WORK 16010-1 3. DRAWINGS AND SPECIFICATIONS 16010-1 4. LAWS, CODES, AND PERMITS 16010-2 5. JOB SITE 16010-2 6. TEMPORARY POWER 16010-3 7. SERVICE INTERRUPTIONS 16010-3 8. WARRANTY 16010-3 9. MATERIALS 16010-3 10. SUBSTITUTIONS 16010-3 11. SUBMITTALS 16010-4 12. INSTALLATION 16010-4 13. AS-BUILT DRAWINGS & OPERATING INSTRUCTIONS 16010-4 14. CUTTING AND PATCHING 16010-4 15. EXCAVATING AND BACKFILLING 16010-5 16. PAINTING 16010-5 17. EXISTING EQUIPMENT 16010-5 18. MEASUREMENT AND PAYMENT 16010-5 Req. REQ. 046129 16010 - a SECTION 16010 – BASIC ELECTRICAL REQUIREMENTS PART 1 - GENERAL 1. RELATED DOCUMENTS All drawings and general provisions of the contract, including General Conditions, Supplementary Conditions, and other Division 1 Specifications, apply to this section. Separation of Specifications into Sections is for convenience only and is not intended to establish limits of work or liability. The following sections apply to this project: 16010 – Basic Electrical Requirements 16100 – Basic Electrical Materials and Methods 16300 – Overhead Support Structures and Cabling 16400 – Panelboards 16500 – Lighting Fixtures 16600 – RF Radio and Networking Equipment 16700 – Workstation Console 2. DESCRIPTION OF WORK Furnish all labor, tools, materials, fixtures, equipment, accessories, transportation, etc., required for a complete electrical lighting and power systems, and a fully functioning wireless broadband network, complete with necessary auxiliaries as indicated on the drawings and specifications. Reference the civil/structural documents for installation details of the concrete poles required for the wireless radio transmitters. Coordinate with supplier of concrete poles for the provision of handholes, threaded inserts, lightning arrestors, etc., as needed for the complete and proper installation of obstruction lights, lightning arrestors and downleads, power wiring, and networking equipment and wiring. Also included in the work is the installation of wood ferry poles to provide power and network connections to the concrete poles, and two monitor stations inside Harbor Police Department Building, complete with furniture and network connections. 3. DRAWINGS AND SPECIFICATIONS The drawings showing the layout of electrical work indicate the approximate location of electrical and network equipment. The contractor shall refer to structural drawings as well as equipment manufacturer’s shop drawings and rough-in drawings, and adjust work accordingly to provide a coordinated installation. All adjustments and minor deviations necessary shall be made without additional cost to the owner. It shall be the electrical contractor’s responsibility to see that all equipment such as pull boxes, 16010-1 Req. REQ 046129 junction boxes, panelboards, and other apparatus, that may require maintenance from time to time, are made accessible. Any condition that may occur during construction which conflicts with accessibility to the proposed installation of the electrical equipment, shall be brought to the Engineer’s attention prior to the point at which a change in location would require additional cost and delays to construction. The drawings and specifications are complementary and what is shown and/or called for on one shall be furnished and installed the same as if shown and/or called for on the other. Where the Contractor is not certain about the method of installation, he shall ask the Engineer for further installation details. Lack of details, not requested, will not be an excuse for improper installation. When a color or other condition for a product is specified to be determined by the Engineer, the submittal for that item shall be clearly marked with the available options. (Do not select a color or other condition in the submittal) The Engineer shall be specifically asked by the contractor to provide the required information, and that product shall not be manufactured prior to obtaining such information. 4. LAWS, CODES, AND PERMITS The latest accepted edition of the National Electrical Code (NFPA 70), National Electrical Safety Code (IEEE-C2), and all applicable FCC, and FAA requirements shall be considered a part of these specifications, and pertinent articles will not be repeated herein. These codes establish the minimum acceptable criteria where more stringent requirements have not been defined in these specifications and/or drawings. The Contractor shall submit all information associated with installations near and over the existing Public Belt railroad tracks electrical work, and receive approval prior to commencement. This Contractor shall give notice to the proper authorities in ample time for the work to be inspected and approved as it progresses, and no work shall be concealed until inspected and approved by authorized inspectors. If the plans or these specifications in any way conflict with the adopted codes, the Engineer shall be notified of this condition and approval secured before changes are made. 5. JOB SITE Prior to submitting quotation for electrical work, Contractor shall attend the pre-bid walk through, as scheduled in other sections of the specifications, and examine the job site with all authorities concerned in order to become familiar with all existing conditions pertinent to the work to be performed thereon. No additional compensation will be allowed for failure to be so informed. Where existing equipment/overhead installations, including wireless lines-of-sight, conflict with work of this project, the contractor shall notify the Engineer of the conflict. 16010-2 Req. REQ 046129 6. TEMPORARY POWER The Contractor shall be responsible for providing temporary light and power to the construction site as necessary to meet all of the OSHA requirements for construction, and as required by the general contractor and various sub-contractors. 7. SERVICE INTERRUPTIONS Services to the buildings shall be kept in operation at all times during construction. If a situation occurs that the service needs to be interrupted, the Contractor shall be responsible for contacting the proper authorities to schedule the outage at a time that is convenient to the occupants. It shall be understood that this outage may have to be scheduled after regular working hours or on the weekends. Allowances shall be added to the Contractors bid to cover the cost of any overtime work. This shall come at no additional cost to the Owner after the bid date. 8. WARRANTY The contractor shall guarantee all labor and materials for a period of twelve (12) months from the date of final acceptance. All defective materials and work shall be replaced with new materials or equipment. This shall come at no additional cost to the Owner. PART 2 – PRODUCTS 9. MATERIALS Equipment and materials shall be new and shall be listed by Underwriters Laboratories for the purpose for which they are being used. Substitutions to materials listed on the drawings and specifications can be made as long as they are approved as acceptable by the Engineer, in accordance with all prior approval requirements as detailed in other sections of the specifications. All termination lugs shall be rated 75 degree C minimum and shall be compatible with the number and size of wires to be terminated. 10. SUBSTITUTIONS Names of manufacturers or catalog numbers are mentioned herein in order to establish a standard as to design quality. Other products similar in design and of equal quality may be used if submitted to the Engineer and found acceptable by him. Refer to the general conditions for additional information on prior approval requirements. When the contractor elects to use an acceptable alternate manufacturer’s equipment, the contractor shall be responsible to coordinate the change with all trades affected and pay for any additional work required under this or any other division affected by the substitution. 16010-3 Req. REQ 046129 11. SUBMITTALS Within thirty days of the award of the contract, the Contractor shall be responsible for submitting eight (8) copies of submittals containing catalog cuts and performance data for all material and equipment proposed for use. These submittals shall be reviewed by the Engineer for general compliance to the contract documents. The Engineer’s review of these submittals in no way modifies the contract or relieves the Contractor from compliance with the contract unless a difference is clearly stated in the submission and specific acceptance is given by the Engineer as a change to the contract. Submittals shall be identified with the project name and the contractors name and have the contractor’s stamp showing that he has reviewed the submittal and found it to be in accordance with the plans and specifications. Submittals that do not comply with the above will be returned, without review, for resubmission. All shop drawings must be reviewed before the various factories start fabrication. PART 3 – EXECUTION 12. INSTALLATION Ask for details whenever uncertain about installation method. Lack of details requested shall not excuse proper installation and corrections shall be the responsibility of the contractor. 13. AS-BUILT DRAWINGS & OPERATING INSTRUCTIONS The Contractor shall be responsible for providing As-Built drawings to the Engineer at the completion of the project. The Contractor shall be provided with the AutoCad bid document files (2007 release) for use in preparing as-built documents. Contractor hsall deliver as-built documents as follows: 2 copies printed on bond paper (full size), and 1 compact disc containing AutoCad files (2007 release), PDF files of all drawings, and PDF files of all equipment cut sheets. As-built drawings shall contain all information on equipment installations, including locations, and all manufacturer model numbers, including cable types and quantities. Final payment shall be withheld until these drawings are accepted by the Engineer. The Contractor shall also furnish two bound sets of any operating instructions and maintenance manuals to the Engineer upon completion of the project. 14. CUTTING AND PATCHING The Contractor shall be responsible for all cutting and patching that is required to complete the installation of the electrical systems. All work shall be coordinated 16010-4 Req. REQ 046129 between trades with strict accordance with the requirements of the General Conditions. Structural members shall not be cut or modified without the approval of the Engineer. All concrete patching shall be performed in accordance with requirements of the Structural Engineer. The Contractor shall be responsible for covering, caulking, or otherwise to make weatherproof all openings created in the exterior walls of buildings for electrical work performed herein. This includes openings around conduit penetrations. Contractor shall seal all penetrations through interior walls, and shall provide painting touch-up in any unconcealed areas. 15. EXCAVATING AND BACKFILLING The Contractor shall be responsible for all excavating and backfilling required to complete the installation of the electrical systems. All excess material and debris shall be removed. All backfilling shall be with sand. Backfilling shall be thoroughly tamped and compacted, in accordance with requirements of Structural Engineer. It shall be the Contractor’s responsibility to locate all underground utilities before trenching and excavating. In all instances, Contractor shall mark locations of proposed underground installations, and provide necessary documentation to owner for review. Contractor shall receive approval form owner prior to commencement. Contractor shall be responsible for any repairs to existing utilities where approval from owner is not obtained. 16. PAINTING Any damaged surfaces of factory items shall be repaired by the Contractor to an acceptable level determined by the Engineer. 17. EXISTING EQUIPMENT The Contractor shall be responsible for the removal and reinstallation of any electrical equipment, such as light fixtures, that shall be reused. Any existing electrical equipment that is removed and not reused shall be returned to the Owner. Any material that the Owner does not wish to keep shall be removed from the site by the Contractor. 18. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16010-5 Req. REQ 046129 INDEX SECTION 16100 – BASIC ELECTRICAL MATERIALS AND METHODS PARA. PAGE NO. PARAGRAPH TITLE NO. 1. SUMMARY 16100-1 2. QUALITY ASSURANCE 16100-1 3. COORDINATION 16100-1 4. RACEWAYS 16100-2 5. WIRES, CABLES, AND CONNECTIONS 16100-2 6. WIRING DEVICES 16100-2 7. GROUNDING 16100-3 8. SAFETY SWITCHES AND FUSES 16100-3 9. SUPPORTING DEVICES 16100-3 10. EQUIPMENT FOR UTILITY COMPANY’S ELECTRICITY METERING 16100-4 11. ELECTRICAL EQUIPMENT INSTALLATION 16100-4 12. RACEWAY APPLICATION 16100-4 13. RACEWAY AND CABLE INSTALLATION 16100-5 14. WIRING INSTALLATION 16100-5 15. SUPPORT INSTALLATION 16100-6 16. IDENTIFICATION MATERIALS AND DEVICES 16100-6 17. ELECTRICITY-METERING EQUIPMENT 16100-7 18. FIRESTOPPING 16100-7 Req. REQ. 046129 16100 - a 19. MOUNTING HEIGHTS 16100-7 20. MEASUREMENT AND PAYMENT 16100-7 Req. REQ. 046129 16100 - b SECTION 16100 - BASIC ELECTRICAL MATERIALS AND METHODS PART 1 – GENERAL 1. SUMMARY This Section includes the following: Raceways Wires, cables, and connections Wiring devices Grounding Safety Switches and fuses Supporting devices for electrical components Equipment for utility company’s electricity metering 2. QUALITY ASSURANCE Electrical Components, Devices, and Accessories shall be listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. Devices for Utility Company Electricity Metering shall comply with utility company published standards. 3. COORDINATION Coordinate chases, slots, inserts, sleeves, and openings for electrical supports, raceways, and cable with general construction work. Prior to release of concrete poles for fabrication, Contractor shall coordinate all provisions for the installation of lightning arrestors, handholes, and any threaded inserts for mounting of obstruction lights, antennas, conduit, etc. Sequence, coordinate, and integrate installing electrical materials and equipment for efficient flow of the Work. Coordinate electrical service connections to components furnished by utility companies. 16100-1 Req. REQ 046129 Coordinate installation and connection of exterior underground and overhead utilities and services, including provision for service entrances and electricity-metering components. Where electrical identification devices are applied to field-finished surfaces, coordinate installation of identification devices with completion of finished surface. PART 2 – PRODUCTS 4. RACEWAYS EMT: Electrical metallic tubing; ANSI C80.3, zinc-coated steel. FMC: Flexible metal conduit; zinc-coated steel. IMC: Intermediate metal conduit; ANSI C80.6, zinc-coated steel, with threaded fittings. LFMC: Liquidtight flexible metal conduit; zinc-coated steel with sunlight-resistant and mineral-oil-resistant plastic jacket. RMC: Rigid metal conduit; galvanized rigid steel; ANSI C80.1. RNC: Rigid nonmetallic conduit; NEMA TC 2, Schedule 40 or 80 PVC, with NEMA TC3 fittings. Raceway Fittings: Specifically designed for raceway type with which used. 5. WIRES, CABLES, AND CONNECTIONS All power conductors shall be copper. Conductors, No. 10 AWG and Smaller: Solid or stranded copper. Conductors, Larger Than No. 10 AWG: Stranded copper. No wire shall be smaller than #12 AWG unless noted otherwise. Insulation: Thermoplastic, rated 600 V, 90 deg C minimum, Type THHN-THWN, or USE depending on application. Wire Connectors and Splices: Units of size, ampacity rating, material, type, and class suitable for service indicated. 6. WIRING DEVICES Wall Switches shall be 20A, 120/277V, AC type designed for quiet operation. Duplex receptacles shall be 20A/2 pole, 3-wire, 125V, grounding type. 16100-2 Req. REQ 046129 All devices shall be specification grade as manufactured by Hubbell, Leviton, or approved equal. All device plates shall be brushed stainless steel with matching counter sunk screws unless noted otherwise. Use multigang plates where devices are grouped together. Boxes and fittings shall comply with article 314 of the NEC. Particular attention shall be paid to the number of conductors allowed in an outlet box or junction box. Contractor shall make provisions to prevent overcrowding outlet and junction boxes regardless of the number of conductors shown on the plans at the outlets. In locations where power, combination, and tele/data outlets are mounted together, care shall be taken to minimize the overall spacing along the wall. Consult with the Engineer for specific details. 7. GROUNDING The grounding system shall be in accordance with N.E.C. Article 250. A grounding conductor shall be provided in all conduit. 8. SAFETY SWITCHES AND FUSES Safety switches shall be of the quick-make, quick-break, heavy-duty, fusible or nonfusible type with cover interlock to prevent opening of the door when the switch is in the “ON” position. Use NEMA 3R enclosures outdoors and NEMA 1 enclosures indoors, unless otherwise noted. Provide a complete set of dual-element, class RK-1 or class J fuses of ampere rating shown on the drawings. Furnish the owner with 20% spare fuses with at least one set for every rating. All fuses shall have a minimum interrupting rating of 200,000 A. 9. SUPPORTING DEVICES Exterior equipment frames: Minimum 2” angle iron, hot-dipped galvanized after fabrication. Equipment mounting supports: Pre-galvanized C-channel with manufacturer provided mounting accessories, Unistrut or equal. Raceway and Cable Supports: Manufactured clevis hangers, ring clamps, riser clamps, straps, threaded C-clamps with retainers, ceiling trapeze hangers, wall brackets, and spring-steel clamps or click-type hangers. 16100-3 Req. REQ 046129 Pipe Sleeves: ASTM A 53, Type E, Grade A, Schedule 40, galvanized steel, plain ends. Cable Supports for Vertical Conduit: Factory-fabricated assembly consisting of threaded body and insulating wedging plug for non-armored electrical cables in riser conduits. Plugs have number and size of conductor gripping holes as required to suit individual risers. Body constructed of malleable-iron casting with hot-dip galvanized finish. Expansion Anchors: Carbon-steel wedge or sleeve type. Toggle Bolts: All-steel springhead type. 10. EQUIPMENT FOR UTILITY COMPANY'S ELECTRICITY METERING Comply with requirements of electrical power utility company for current transformer cabinets, meter sockets, and modular meter centers. PART 3 - EXECUTION 11. ELECTRICAL EQUIPMENT INSTALLATION Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom. Materials and Components: Install level, plumb, and parallel and perpendicular to other building systems and components, unless otherwise indicated. Equipment: Install to facilitate service, maintenance, and repair or replacement of components. Connect for ease of disconnecting, with minimum interference with other installations. 12. RACEWAY APPLICATION Outdoor Installations: Exposed: RMC. Concealed: RNC. Underground, Single Run: RNC. Underground, Grouped: RNC. Connection to Vibrating Equipment: LFMC. Boxes and Enclosures: NEMA 250, Type 3R or Type 4, unless otherwise indicated. 16100-4 Req. REQ 046129 Indoor Installations: Exposed: EMT except in wet or damp locations, use IMC. Concealed in Walls or Ceilings: EMT. In Concrete Slab: RNC. Below Slab on Grade or in Crawlspace: RNC. Connection to Vibrating Equipment: FMC; except in wet or damp locations: LFMC. Boxes and Enclosures: NEMA 250, Type 1, unless otherwise indicated. 13. RACEWAY AND CABLE INSTALLATION Conceal raceways and cables, unless otherwise indicated, within finished walls, ceilings, and floors. Exposed conduits shall be installed with runs arranged perpendicular to walls and ceilings. Keep legs of raceway bends in the same plane and keep straight legs of offsets parallel. Install pull wires in empty raceways. Leave at least 12 inches of slack at each end of pull wires. Connect motors and equipment subject to vibration, noise transmission, or movement with a maximum of 72-inches flexible metallic conduit. Install LFMC in wet or damp locations. Install separate ground conductor across flexible connections. Unless a larger size is indicated, raceways, troughs, and junction boxes shall be sized in accordance with the fill requirements of the NEC. Provide color-coding of wires and mark panels in accordance with NEC article 210.5 (C) and NEC article 215.12 (C) when more than one voltage is present for branch circuits. 14. WIRING INSTALLATION Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. No wires shall be pulled in until the conduit system is complete. Ideal “Yellow 77” or other approved pulling lubricant shall be used. 16100-5 Req. REQ 046129 15. SUPPORT INSTALLATION Support parallel runs of horizontal raceways together on trapeze or bracket-type hangers. Size supports for multiple raceways or cable runs so capacity can be increased by a 25 percent minimum in the future. Support individual horizontal single raceways with separate, malleable-iron pipe hangers or clamps except use spring-steel fasteners for 1-1/2-inch and smaller single raceways above suspended ceilings and for fastening raceways to slotted channel and angle supports. Install sleeves for cable and raceway penetrations of concrete slabs and walls unless core-drilled holes are used. Install sleeves for cable and raceway penetrations of masonry and fire-rated gypsum walls and of all other fire-rated floor and wall assemblies. Install sleeves during erection of concrete and masonry walls. Secure electrical items and their supports to building structure, using the following methods unless other fastening methods are indicated: Wood: Wood screws or screw-type nails. Gypsum Board: Toggle bolts. Seal around sleeves with joint compound, both sides of wall. Masonry: Toggle bolts on hollow block and expansion bolts on solid block. Seal around sleeves with mortar, both sides of wall. New Concrete: Concrete inserts with machine screws and bolts. Existing Concrete: Expansion bolts. Structural Steel: Spring-tension clamps. Light Steel Framing: Sheet metal screws. Fasteners for Damp, Wet, or Weather-Exposed Locations: Stainless steel. Light Steel: Sheet-metal screws. Fasteners: Select so load applied to each fastener does not exceed 25 percent of its proof-test load. 16100-6 Req. REQ 046129 16. IDENTIFICATION MATERIALS AND DEVICES Install at locations for most convenient viewing without interference with operation and maintenance of equipment. Coordinate names, abbreviations, colors, and other designations used for electrical identification with corresponding designations indicated in the Contract Documents or required by codes and standards. Use consistent designations throughout Project. Install continuous underground plastic markers during trench backfilling, for exterior underground power, control, signal, and communication lines. 17. ELECTRICITY-METERING EQUIPMENT Install utility company metering equipment according to utility company's written requirements. Provide grounding and empty conduits as required by utility company. 18. FIRESTOPPING Penetrations through interior walls shall be sealed with a material capable of preventing the passage of flames and hot gases when tested in accordance with ASTM-EB14. Notify the Engineer for inspection of all completed fire and/or smoke barrier walls before any construction is installed that would conceal construction and prevent a proper inspection. Access to random selected areas may be required by the Engineer at the time of final inspection if this notification is not given. Provide detailed instructive cut sheets of the fire penetration sealing system used to the Engineer at the time of inspection. Random selective sampling by the Contractor will be observed by the Engineer and the Fire Marshall’s inspector. 19. MOUNTING HEIGHTS Unless otherwise noted on the drawings or required by the Engineer, the following mounting heights shall apply. Unless noted otherwise, mounting heights are to the centerline of the device: Receptacles 18” above floor Toggle Switches 48” above floor Panelboards 72” to top Telephone Outlets 18” above floor Data Outlets 18” above floor Meter Can 60”-72” to centerline 16100-7 Req. REQ 046129 20. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16100-8 Req. REQ 046129 INDEX SECTION 16300 – OVERHEAD SUPPORTING STRUCTURES AND CABLING PARA. PAGE NO. PARAGRAPH TITLE NO. 1. SUMMARY 16300-1 2. QUALITY ASSURANCE 16300-1 3. STANDARDS 16300-1 4. TREATED WOOD POLES AND ANCHORS 16300-1 5. AERIAL POWER CABLE 16300-2 6. AERIAL FIBER OPTIC CABLE 16300-2 7. POLES 16300-2 8. MEASUREMENT AND PAYMENT 16300-2 Req. REQ. 046129 16300 - a SECTION 16300 – OVERHEAD SUPPORTING STRUCTURES AND CABLING PART 1 - GENERAL 1. SUMMARY This Section includes the following: Treated wood poles Guy wires and anchors Grounding Cabling Cable dead end terminations 2. QUALITY ASSURANCE Electrical Components, Devices, and Accessories shall be listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use, and shall meet the requirements of ANSI/IEEE standards as applicable. 3. STANDARDS Materials and installation shall meet all requirements of the National Electrical Safety Code, and in particular: NESC 21: Grounding NESC 23: Clearances NESC 24: Grades of Construction PART 2 - PRODUCTS 4. TREATED WOOD POLES AND ANCHORS Wood poles shall be class 2, Penta or CCA treated, meeting the requirements of ANSI 05.1 for strength, sweep and crook. Guy wires shall be minimum 1/4” diameter. Guy wire and all accessories (eyebolts, turnbuckles, terminations/clamps, etc.) shall be hot-dipped galvanized. 16300-1 Req. REQ 046129 Anchors shall be screw-type, minimum 5 feet long, with a minimum 6 inch helix, yielding a pulling force of 4000 pounds or greater in a weak soil application. At contractor option, an expanding anchor may be substituted, providing the minimum pulling force of 4000 pounds is achieved. 5. AERIAL POWER CABLE Aerial power cable shall be aluminum quadruplex with XLPE 600V insulation. Messenger shall be ACSR. Insulated conductor size shall be #6 AWG. 6. AERIAL FIBER OPTIC CABLE Aerial fiber optic cable shall be messenger stranded, loose tube, armored, outside plant, singlemode, fiber optic cable. Provide quantity 12 singlemode, non-zero dispersionshifted fibers. Commscope M-012-LA-8T-F12NS, or prior-approved equal. PART 3 – EXECUTION 7. POLES Poles shall be installed plumb, with a minimum burial depth of 8 feet, or as required by installation conditions to achieve 120 MPH nominal wind loading with a 3-second gust factor. All poles shall be provided with a 24” lightning arrestor mounted at the tip, and a bare #6 AWG solid ground wire routed down pole to a 3/4” x 10’ copperbonded driven ground rod. Use listed grounding clamp installed above grade. Install guy wires and anchors in accordance with NESC requirements and industry standards. Guy wires shall be grounded, and protected at base with colored plastic sheaths. Install overhead cables as shown on the drawings and described herein. Cable messengers shall be dead-ended in accordance with NESC and manufacturer’s recommendations. Provide minimum 30-inch clearance between supply and communications cables per NESC. Provide minimum clearance of 24 feet where aerial cables are routed over existing railroad tracks. Measurements are taken from the top of rail to the lowest point of the aerial cable within a 20-foot wide servitude centered on each set of tracks. Provide minimum clearance of 16 feet where aerial cables are routed over existing roadways. Measurements are taken from the top of roadway crest to the lowest point of the aerial cable within the roadway and shoulder. Pole locations as shown on the drawings are approximate. Adjust locations as necessary to achieve appropriate line of sight, and required clearances from existing overhead utilities and buildings. 8. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16300-2 Req. REQ 046129 16300-3 Req. REQ 046129 INDEX SECTION 16400 – PANELBOARDS PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 16400-1 2. SUBMITTALS 16400-1 3. QUALITY ASSURANCE 16400-1 4. MANUFACTURERS 16400-1 5. FABRICATION AND FEATURES 16400-2 6. LIGHTING AND APPLIANCE BRANCH-CIRCUIT PANELBOARDS 16400-2 7. DISTRIBUTION PANELBOARDS 16400-2 8. INTEGRATED TRANSIENT VOLTAGE SURGE SUPPRESSION 16400-2 9. OVERCURRENT PROTECTIVE DEVICES 16400-3 10. INSTALLATION 16400-4 11. IDENTIFICATION 16400-4 12. MEASUREMENT AND PAYMENT 16400-5 Req. REQ. 046129 16400 - a SECTION 16400 – PANELBOARDS PART 1 - GENERAL 1. SUMMARY This Section includes branch-circuit panelboards. 2. SUBMITTALS Product Data: For each type of panelboard, overcurrent protective device, accessory, and component indicated. Include dimensions and manufacturers' technical data on features, performance, electrical characteristics, ratings, and finishes. Operation and maintenance data. 3. QUALITY ASSURANCE Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. Comply with NEMA PB 1. Comply with NFPA 70. PART 2 – PRODUCTS 4. MANUFACTURERS Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: Eaton Corp.; Cutler-Hammer Products. Siemens Energy & Automation, Inc. Square D Co. General Electric. 5. FABRICATION AND FEATURES Enclosures: Flush- and surface-mounted cabinets. NEMA PB 1, Type 1, suitable for environmental conditions at installed location. 16400 -1 Req. REQ 046129 Outdoor Locations: NEMA 250, Type 3R. Other Wet or Damp Indoor Locations: NEMA 250, Type 4. Hazardous Areas Indicated on Drawings: NEMA 250, Type 7C. Front: For surface-mounted fronts, match box dimensions; for flush- mounted fronts, overlap box. Finish: Manufacturer's standard enamel finish over corrosion-resistant treatment or primer coat. Directory Card: A clear plastic directory holder shall be mounted inside panelboard door. Bus: Hard-drawn copper, 98 percent conductivity. Equipment Ground Bus: Adequate for feeder and branch-circuit equipment ground conductors; bonded to box. Panelboard Short-Circuit Rating: Fully rated to interrupt symmetrical short- circuit current as scheduled on drawings. Panelboards with Main Service Disconnect: Listed for use as service equipment. Spaces for Future Devices: Mounting brackets, bus connections, and necessary appurtenances required for future installation of devices. Feed-through Lugs: Where scheduled, locate at opposite end of bus from incoming lugs or main device. 6. LIGHTING AND APPLIANCE BRANCH-CIRCUIT PANELBOARDS Branch Overcurrent Protective Devices: Bolt-on circuit breakers, replaceable without disturbing adjacent units. Doors: Front mounted with concealed hinges; secured with flush latch with tumbler lock; keyed alike. 7. DISTRIBUTION PANELBOARDS Doors: Front mounted, and secured with vault-type latch with tumbler lock; keyed alike. Branch overcurrent protective devices shall be Bolt-on circuit breakers. 8. INTEGRATED TRANSIENT VOLTAGE SURGE SUPPRESSION 16400 -2 Req. REQ 046129 DEVICES Surge Protective Device (SPD) SPD shall be Listed and Component Recognized in accordance with UL 1449 Second Edition to include Section 37.3 highest fault current category. SPD shall be UL1283 listed. SPD shall be installed by and shipped from the electrical distribution equipment manufacturer’s factory. The TVSS devices in lighting and appliance panelboards shall be bus mounted between the main and branch devices. TVSS devices bussed off the end of the panelboard are not allowed. SPD shall provide surge current diversion paths for all modes of protection; L-N, LG, N-G. SPD shall be modular in design, with each mode protection module individually replaceable. Each mode including N-G shall be fused with a 200kAIR UL recognized surge rated fuse and incorporate a thermal cutout device. TVSS shall safely reach an end-of-life condition when subjected to fault current levels between 0 and 200 kA, including low level fault currents from 5 to 5000 amperes. SPD shall meet or exceed the following criteria: Minimum surge current capability (single pulse rated) per phase shall be 160 kA: UL 1449 Suppression Voltage Ratings: VOLTAGE 208Y/120V 240/120V LOCATION Distribution: Distribution: L-N L-G N-G 400V 400V 400V 400V 400V 400V SPD shall have a minimum EMI/RFI filtering of up to –30 dB over the range of 100 kHz to 100 MHz. SPD shall be provided with one set of NO/NC dry contacts. The manufacturer of the electrical equipment in which the TVSS is installed shall warrant the integrated TVSS device to be free from defects in material and workmanship for a period of five (5) years from the date of invoice the manufacturer or its authorized sales channel. 9. OVERCURRENT PROTECTIVE DEVICES Molded-Case Circuit Breaker: NEMA AB 1, with interrupting capacity to meet available fault currents. 16400 -3 Req. REQ 046129 Thermal-Magnetic Circuit Breakers: Inverse time-current element for low- level overloads, and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. GFCI Circuit Breakers: Single- and two-pole configurations with 5mA trip sensitivity. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HACR for heating, air-conditioning, and refrigerating equipment. Shunt Trip: 120-V trip coil energized from separate circuit, set to trip at 55 percent of rated voltage. Verify exact voltage of shunt trip with fire alarm vendor. Fused Switch: NEMA KS 1, Type HD; clips to accommodate indicated fuses; lockable handle. PART 3 - EXECUTION 10. INSTALLATION Install panelboards and accessories according to NEMA PB 1.1. Mounting Heights: Top of trim 86 inches above finished floor, unless otherwise indicated. Highest switch or breaker at 72” max above finished floor. Mounting: Plumb and rigid without distortion of box. Mount recessed panelboards with fronts uniformly flush with wall finish. Install filler plates in unused protective device spaces. Wiring in Panelboard Gutters: Arrange conductors into groups and bundle and wrap with wire ties after completing load balancing. Locate panelboards so that ratings are not reduced by heat from external sources. 11. IDENTIFICATION Identify field-installed conductors, interconnecting wiring, and components; provide warning signs as specified in Division 16 Section "Basic Electrical Materials and Methods." Panelboard Nameplates: Label each panelboard with engraved metal or laminatedplastic nameplate mounted with corrosion-resistant screws. Circuit Directory: Create a directory to indicate installed circuit loads after balancing panelboard loads. Obtain approval before installing. Use a computer or typewriter to create directory; handwritten directories are not acceptable. 16400 -4 Req. REQ 046129 12. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16400 -5 Req. REQ 046129 INDEX SECTION 16500 – LIGHTING FIXTURES PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 16500-1 2. SUBMITTALS 16500-1 3. QUALITY ASSURANCE 16500-1 4. LIGHT FIXTURES 16500-1 5. INSTALLATION 16500-2 6. MEASUREMENT AND PAYMENT 16500-2 Req. REQ. 046129 16500 - a SECTION 16500 – LIGHTING FIXTURES PART 1 – GENERAL 1. SUMMARY This Section describes the provision and installation of obstruction lights atop each concrete pole. 2. SUBMITTALS Product Data: Include data on features, photometric data, accessories, and finishes. Installation Data: Include all brackets, fittings, fasteners, and accessories. Provide installation drawing showing all components including wire routing, and all details associated with connection to concrete pole. Operation and maintenance data. 3. QUALITY ASSURANCE Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. Comply with NFPA 70, and FAA requirements. PART 2 - PRODUCTS 4. LIGHT FIXTURES Obstruction light shall be a dual unit, steady burning, red light, FAA type 810, certified to FAA AC No: 150/5345-43E. Unimar 12004-860-1R05-002, or prior-approved equal. Lamps shall be LED, operating at 24VDC. Housing shall be weather/corrosion resistant, IP66/NEMA 4X rated, with self-contained wiring compartment. Dual unit shall be bracket-mounted at top of concrete pole, with lamp assemblies located above top of pole, but below tip of lightning arrestor. Bracket and lamp assembly shall be installed so as to achieve 120 MPH wind load rating. Provide ring clamps or factory installed threaded inserts into concrete pole as necessary. Provide 120VAC:24VDC power supply in NEMA 3R/4X enclosure, mounted next to panelboard at base of pole, sized at minimum 200% of input wattage to lamp assembly. 16500 - 1 Req. REQ 046129 Coordinate with concrete pole manufacturer for provision of handhole/cable access at base and top of pole. Wiring from obstruction light assembly to power supply shall be routed through interior of pole. Wiring between obstruction light assembly and power supply shall be type SO cord, minimum #10 AWG, or sized as required to maintain voltage drop within LED lamp input voltage tolerance. Provide watertight glandular fittings and cable strain relief fittings at all transitions through pole and power supply enclosure. PART 3 – EXECUTION 5. INSTALLATION Provide #6 AWG ground wire from grounding lug provided on obstruction light, through lug provided on bracket, to lightning arrestor ground wire. Make connection at lightning arrestor or at lug in base of pole. Coordinate with concrete pole manufacturer for provision of handhole/cable access at base and top of pole. Wiring from obstruction light assembly to power supply shall be routed through interior of pole. Wiring between obstruction light assembly and power supply shall be type SO cord, minimum #10 AWG, or sized as required to maintain voltage drop within LED lamp input voltage tolerance. Provide watertight glandular fittings and cable strain relief fittings at all transitions through pole and power supply enclosure. 6. MEASUREMENT AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16500 - 2 Req. REQ 046129 INDEX SECTION 16510 – LIGHTING PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SCOPE 16510-1 2. QUALITY ASSURANCE 16510-1 3. SUBMITTALS 16510-1 4. LIGHTING FIXTURES 16510-1 5. LAMPS 16510-3 6. EMERGENCY LIGHTING 16510-3 7. INSTALLATION OF LIGHTING FIXTURES 16510-3 8. LOCATION OF FIXTURES 16510-4 9. INSTALLATION AFTER PAINTING 16510-4 10. PROCEDURE 16510-5 11. CLEARANCE 16510-5 12. FIXTURE COORDINATION 16510-5 13. FIXTURE ADJUSTMENT 16510-5 14. TAMPERPROOF TOOLS 16510-5 15. ADJUST AND CLEAN 16510-5 16. FIELD QUALITY CONTROL 16510-5 17. MEASUREMENT AND PAYMENT 16510-6 Req. REQ. 046129 16510 - a SECTION 16510 - LIGHTING PART 1 - GENERAL 1. SCOPE Extent of lighting fixture work is indicated by drawings and schedules and/or as required by project. 2. QUALITY ASSURANCE NEC Compliance: Comply with NEC as applicable to installation and construction of lighting fixtures. UL Compliance: Provide lighting fixtures which have been UL listed and labeled. CBM Labels: Provide fluorescent lamp ballasts which comply with Certified Ballast Manufacturers Association standards and carry the CBM label. Coordination: Determine the exact type of ceiling to be furnished in each area and obtain fixtures to suit. Deviate from specified descriptions only where necessary and to the extent necessary to ensure fixture ceiling compatibility. 3. SUBMITTALS Submit manufacturer's data on lighting fixtures and lamps which shall include complete catalogue data, photometrics and other data necessary to describe the fixture proposed. Submit fixture shop drawings in booklet form with separate sheet for each fixture, assembled in luminaire type alphabetical order, with proposed fixture and accessories clearly indicated on each sheet. PART 2 - PRODUCTS 4. LIGHTING FIXTURES General: Provide lighting fixtures, of sizes, types and ratings indicated; complete with, but not necessarily limited to, housings, lamps, lamp holders, reflectors, ballasts, starters and wiring. All ballasts shall be low noise, high power factor, low radio interference type and shall be provided with an automatic thermal cutout device. Fluorescent Lamp Ballasts: Provide fluorescent lamp ballasts, capable of operating lamp types indicated; with high power factor, and low noise features; and with internal thermal protection; Ballasts shall be completely electronic type with minimum ballast factor of 85% and less than 20% total harmonic distortion (THD) Electronic ballasts shall meet FCC Rules/Regulations Part 18, 15J for ENI/RFI Emissions, and shall meet Req. REQ 028786 16510 - 1 1988 Federal Efficiency Standard (Law 100-357) where applicable. Ballasts shall be manufactured by Advance, Universal, Valmont, or approved equal. High Intensity Discharge Lamp Ballasts: Provide HID lamp ballasts, of ratings, types and makes as recommended by lamp manufacturer, which properly matches lamps to power line by providing appropriate voltages and impedances for which lamps are designed. Ballasts shall limit inrush current to an amount less than operating current. Ballasts for HID lamps shall be high power factor, constant wattage or constant wattage autotransformer, low noise level, and shall be furnished by the manufacturer of each type of particular lighting fixture specified. Emergency Fluorescent Power Packs (Battery backup ballasts) shall be manufactured to provide a minimum of 1100 lumens per fixture for 1 1/2 hours operation during the emergency mode. Comply with additional fixture requirements contained by Lighting Fixture Schedule shown on drawings. Catalogue numbers scheduled for lighting fixtures may indicate fixture compatibility with certain types of ceiling construction. The Contractor shall determine exact type of ceiling actually to be furnished in each area and shall obtain fixtures to suit. Additionally, ceiling space requirements shall be verified and fixtures compatible for operation within the confines present shall be used. This would include any special mounting due to temperature, space limiting or above ceiling access requirement factors. Provide for heat resisting shielding or spacers and access panels as required. Submit any deviation to the Architect for review. Any fixture specifically to be furnished by others, shall unless noted otherwise, be roughed-in, installed, connected and lamped by the Contractor. Do not perform any work on such fixtures unless any damage noted is called to the attention of the Engineer. Fluorescent fixtures with multiple lamps shall have lamp sockets arranged so that lamps are equally spaced to produce uniform lamp appearance. Fixtures to be installed in damp or wet locations shall be labeled by Underwriters Laboratory for that purpose. Fixtures shall be finished (painted or other finish as specified) after fabrication. Where the lamp manufacturer indicates possible hazardous conditions caused by lamp breakage, fixtures shall contain protective lenses and/or screens to contain parts of broken lamps. Req. REQ 028786 16510 - 2 5. LAMPS Unless noted otherwise on the drawings, lamps installed in each fixture shall be of the type specifically recommended by the manufacturer of the fixture for use in the fixture: incandescent lamps shall be inside frosted type and fluorescent lamps shall be reduced wattage, energy efficient type. Lamps shall be General Electric, Philips, or Sylvania. Unless otherwise indicated in fixture schedule, fluorescent lamps for outdoor applications and for dimming or other reduced current/reduced light output applications shall be standard warm white, rapid start. All other fluorescent lamps shall be General Electric Watt-Miser standard warm white, rapid start or equal. Where existing fixtures are to be removed and/or removed and reinstalled, each shall be completely cleaned and relamped using new lamps. Lamps shall be furnished and installed for all fixtures as work of this Section, including fixtures furnished as work of other Divisions. All lamps of the different types (incandescent, fluorescent or HID) must be by the same manufacturer. Any lamp as judged by the Engineer as having a different apparent color or apparent color rendering shall be replaced by the Electrical Subcontractor without any additional cost. 6. EMERGENCY LIGHTING Where battery fixtures are used with switched branch circuits, the sensor circuit of each fixture shall be connected ahead of any local switching. This will permit “switching-off” fixture without signaling to sensor circuit that a power failure has occurred and “turning-on” of lamps on battery circuit. PART 3 - EXECUTION 7. INSTALLATION OF LIGHTING FIXTURES Install lighting fixtures at locations and heights as indicated, in accordance with fixture manufacturer's written instructions, applicable requirements of NEC, NECA's "Standard of Installation", NEMA standards, and with recognized industry practices to ensure that lighting fixtures fulfill requirements. Coordinate with other electrical work as appropriate to properly interface installation of lighting fixtures with other work. The Contractor shall support each fixture directly from building structural members independent of any ceilings or other installed item. Provide supplemental angle or channel trapeze supports required to span across piping, ductwork or other objects where direct above the fixture support is not possible. Do not attach to the ductwork. All support and weight of the fixture must be borne by the structure. These supports shall Req. REQ 028786 16510 - 3 be installed by the Contractor as required by field conditions without additional cost. Ceiling framing members shall not be used to support fixtures except in specific areas where ceiling supports for this purpose have been specified elsewhere in this specification. Unless noted otherwise, lighting fixtures shall be permanently installed and connected to the wiring system. Provide a minimum of 4 feet, but not more than 6 feet, of steel constructed flexible metal conduit between the last branch wiring junction box and the junction box at the fixture. Do not loop from fixture to fixture with flexible conduit. Refer to "Flexible Metal Conduit" as hereinbefore specified. Fixtures and accessories requiring above the ceiling access in inaccessible ceilings shall be provided with an approved access panel of type and configuration and finish as approved by the Engineer. This access panel is to be located by the Engineer and provided for by the Contractor. Suspended fluorescent fixtures in continuous rows shall have one stem at the beginning of the row, one stem at each channel joint, and one stem at the end of the row. Fluorescent fixtures mounted individually on stems shall each have two single stem hangers. Fluorescent fixtures individually surface mounted shall be supported at both ends. 8. LOCATION OF FIXTURES Work of this Section includes advising other trades of exact location of all recessed fixtures so that ceiling construction and/or spacing may be coordinated as necessary to permit symmetrical positioning of fixtures in room. For acoustical tile ceiling surface and/or suspended fixtures shall be centered on a tile a tile joint, unless indicated otherwise. The locations of fixtures in mechanical equipment rooms, electrical equipment rooms and boiler rooms are approximate. The Contractor shall determine exact locations based on exact locations of mechanical, electric and boiler equipment. 9. INSTALLATION AFTER PAINTING Fixtures to be installed in or on painted ceilings and/or walls shall not be installed until painting is completed. Fixtures installed with paint applied over factory finishes will be rejected. Req. REQ 028786 16510 - 4 10. PROCEDURE The Contractor shall demonstrate to the Owner at his convenience the proper procedure for relamping each type of fixture. 11. CLEARANCE Thermal or acoustic insulation shall not be installed over the top or within 3 inches of the sides of a recessed (incandescent, HID, or compact fluorescent) fixture enclosure, wiring compartment, or ballast unless the equipment is labeled for the purpose. Work of this Section includes advising other trades of this requirement, so that proper clearances are maintained. 12. FIXTURE COORDINATION Lighting fixture submittal shall include data on each type of ceiling suspension system and associated acoustical tile. Information on the ceiling suspension systems shall include types of recessed fluorescent fixture suitable for use with each type as well as recommended installation details. 13. FIXTURE ADJUSTMENT The Contractor shall aim all adjustable fixtures at night as directed by Engineer or his designated representative. The Contractor shall furnish all equipment necessary for aiming fixtures. Equipment shall include but not be limited to bucket trucks, aerial booms, ladders, tools, meters and personnel. The Contractor shall use a factory prepared aiming diagram. 14. TAMPERPROOF TOOLS The Contractor shall provide to the Owner two tools for each type of tamperproof hardware. 15. ADJUST AND CLEAN Clean lighting fixtures of dirt and debris upon completion of installation. Protect installed fixtures from damage during remainder of construction period. 16. FIELD QUALITY CONTROL After completion of installation of lighting fixtures, and after circuitry has been energized, apply electrical energy to demonstrate capability and compliance with requirements. Where possible, correct malfunctioning units at site, then retest to demonstrate compliance; otherwise, remove and replace with new units, and proceed with retesting. Req. REQ 028786 16510 - 5 At the time of Substantial Completion, replace lamps in lighting fixtures which are observed to be noticeably dimmed after Contractor’s use and testing, as judged by Engineer. 17. MEASUREMENT AND PAYMENT Exterior light poles with fixtures shall be measured for payment per each pole. The fixtures on the poles will not be measured separately and the price of the fixtures will be included in the price for the pole. Payment for exterior light poles shall be made at the contract unit price per each bid under “Item No. 55 - Exterior Light Poles”, which price and payment will constitute full compensation for furnishing all plant, labor, materials, equipment and all other incidentals necessary to install the exterior light poles and fixtures. Relocation of existing light poles shall be measured for payment per each pole. Payment for relocation of existing light poles shall be at the contract unit price per each bid under “Item No. 56 - Relocated Existing Light Poles”, which price and payment will constitute full compensation for furnishing all plant, labor, materials, equipment and all other incidentals necessary to relocate the existing light poles as indicated on the drawings. No separate measurement for payment will be made for other work performed and for materials furnished under this section of the specifications. Payment for all other work required by this section of the specifications shall be included in other items of work specified elsewhere. Req. REQ 028786 16510 - 6 INDEX SECTION 16600 – RF RADIO AND NETWORKING EQUIPMENT PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 16600-1 2. SUBMITTALS 16600-1 3. RF RADIO PRODUCT SPECIFICATIONS 16600-4 4. RF RADIO SOFTWARE PLATFORM REQUIREMENTS 16600-4 5. INSTALLATION 16600-14 6. IDENTIFICATION 16600-16 7. FIELD QUALITY CONTROL 16600-16 8. QUALITY ASSURANCE 16600-17 9. MEASUREMENTS AND PAYMENTS 16600-18 Req. REQ. 046129 16600-a SECTION 16600 – RF RADIO AND NETWORKING EQUIPMENT PART 1 – GENERAL 1. SUMMARY This Section includes the wireless networking radio equipment, associated operational software, networking equipment, uninterruptible power supplies, and cabling for all. This is a RF Ethernet radio system design utilizing 23Ghz licenses and/or 24Ghz unlicensed frequency bands for the RF section and Gigabit Ethernet switches for the wired components (see drawings). LOA (Laser over Air) systems are not acceptable, due to severely degraded reliability in foggy conditions. 2. SUBMITTALS Submit eight (8) copies of submittal data as listed herein. Submittal shall be bound, and submitted separately from all other sections of the Division 16 specifications. Product Data: For each type of radio, transmitter/receiver device, power injector or power insertion accessory, and any mounting equipment indicated. Include dimensions and manufacturers' technical data on data transfer speeds, radio duplex capabilities, QOS (quality of service) features, software upgradeability, IP protocol features, environmental performance, electrical characteristics, FCC and other ratings, and installation (and subsequent calibration/alignment) requirements. Product Data: For each type of dish antennae and mounting equipment required, include dimensions and manufacturers' technical data on mounting requirements, radio integration features, environmental performance showing tolerance for 125 mph winds or better (wind loading and force tolerances to be at least those illustrated in drawing 400.D2), and installation (and subsequent calibration/alignment) requirements. Product Data: For each type of cable and associated retaining (clamps, stress relief or other form of physical attachment) equipment required, include weights, terminations, dimensions, and manufacturers' technical data on data capacity, termination requirements, maximum allowable length for self support of weight, mounting requirements, environmental tolerances, and installation requirements. Product Data: For each type of network switch, show rack mounting mechanism/brackets dimensions, weight, any clearances required, power requirements, and environmental specifications. Product Data: For each type of uninterruptible power supply (UPS), show rack mounting mechanism/brackets dimensions, weight, any clearances required, power requirements, and environmental specifications. 16600 - 1 Req. REQ 046129 Product Data: For each type of external rack cabinet with air conditioner, show rack mounting mechanism/brackets dimensions, weight, pole mounting templates/requirements, any clearances required, power requirements or air conditioner, and environmental specifications of enclosure and air conditioning unit. Drawings: For each radio system, including the following: Dimensioned drawings of radio unit, mounting requirements of radio units, dish antenna integration with radio, and wiring details for data and power. Show any required and installed devices, equipment features, and ratings. Include the following data: Radio installation drawings. Radio to dish installation drawings. Radio to cable installation drawings. Radio protective devices drawings. Drawings to illustrate features, characteristics, use, and requirements of any additional devices required for radio installations (if any). Drawings: For each antennae and mounting system, including the following: Dimensioned drawings of dish, mounting requirements of dish, dish integration with radio, and mounting bracket specifications to match towers contained in this RFP. Show any required brackets, equipment, and wind force ratings. Include the following data: Dish mounting installation drawings (see drawing 400D1). Dish environmental tolerance drawing (see drawing 400.D2). Dish to radio installation drawing. Dish to radio alignment and tuning procedure drawings. Features, characteristics, and ratings of any individual devices required for correct dish to radio and/or dish to tower installations (a custom bracket may be required to attach the dish mounting hardware to the towers, due to tower diameter). Drawings: For each radio to power source wiring design, include the following: Dimensioned drawings of wiring equipment, mounting requirements, radio integration, and mounting bracket specifications to match towers contained in this RFP. Show any additional required brackets or other equipment. Include the following data: Radio to cable mounting installation drawings. Cable to power injector installation drawings 16600 - 2 Req. REQ 046129 Wiring Diagrams: Power requirements, data cable, signaling cables, and any control wiring Wiring to meet the power requirements. Wiring to meet the data transfer requirements. Wiring to meet the other control signaling requirements, if applicable. Drawings: For each network switch, include the following: Dimensioned drawings of equipment, mounting requirements, cabling clearance requirements to match enclosures located on the lower portion of the towers contained in this RFP. Include the following data: Cable clearance and ventilation clearance drawing. Simple physical installation drawings. Drawings: For each UPS, include the following: Dimensioned drawings of equipment, mounting requirements, cabling clearance requirements to match enclosures located at the base of each tower as shown on the drawings (except Port of New Orleans Administration Building). Include the following data: Rack installation with respect to weight distribution. Cable clearance and ventilation clearance drawing. Simple physical installation drawings. Drawings: For each External Equipment Cabinet, include the following: Dimensioned drawings of cabinets, mounting requirements, cabling clearance requirements, internal equipment mounting guidelines, and power connection locations. The enclosures will be located on steel frames located at the base of each tower as shown on the drawings (except Port of New Orleans Administration Building). Include the following data: Rack installation equipment templates. Power cable connections, air flow clearance, ventilation clearance, and conduit entry point drawings. Cabinet structural sizing and material drawings. Support documentation: For each component, supply documentation to verify support/compliance for requirements listed in PART-2. 16600 - 3 Req. REQ 046129 PART 2 - PRODUCTS 3. RF RADIO PRODUCT SPECIFICATIONS RF Radio Hardware platform requirements: Native Ethernet Interface to be provided (100/1000 BaseT auto sensing) Copper and Optical Options for the interface are required Adaptable to support TDM (T1/E1) services delivery Compliant with all 802.3 Fast Ethernet Standards Availability in 11, 18 and 23 Ghz Licensed Bands Availability in 24 Ghz Unlicensed Band The minimum initial speed per radio is 50MB per second full duplex over the air CIR (committed information rate). The required maximum speed per radio is at least 370MB per second full duplex over the air CIR (committed information rate). Deliver up to 740 mbps full duplex over the air CIR (Committed Information Rate) with end to end latency of less than 250 usec in a dual Mount Configuration using polarization multiplexing and a single antenna. Full Wire speed two way bandwidth 4. RF RADIO SOFTWARE PLATFORM REQUIREMENTS List of all protocols supported: Must support TCPIP (including, but not limited to TCP, UDP, ICMP,) Support static IP routing, forwarding, and ability to forward OSPF routing packets. Support for CDP protocol forwarding Data transfer speeds must be upgradeable through software only upgrade paths (upgrade keys or equal) that do not require any hardware replacements. The minimum initial speed per radio is 50MB per second full duplex over the air CIR (committed information rate). 16600 - 4 Req. REQ 046129 The required maximum speed per radio is at least 370MB per second full duplex over the air CIR (committed information rate). Deliver up to 740 mbps full duplex over the air CIR (Committed Information Rate) with end to end latency of less than 250 usec in a dual Mount Configuration using polarization multiplexing and a single antenna. Full Wire speed two way bandwidth Management Capability requirements: Basic Management requirements Alarm, Event, and Parameter Logging (15 minute intervals, >24 hour memory) SNTP Support Backup MIB Memory Integrated RF Loopback Supported 100 msec Adaptive Modulation Supported Remote Network Management requirements Standards based SNMP v2C support with integration into existing SNMP based NMS solutions SSL HTTP-Web Based management access allowing GUI based configuration and status monitoring Network delivered FTP upgrade availability In band management Separate 10 BT port for out of band management functions Network Recovery for MESH/Ring Configurations (not used in initial implementation, but support for this is required). Support for metro Ethernet rapid-self-healing operation requested 802.1w (RSTP) protocol or proprietary protocol to achieve mesh-fail-switchover of less than 60msec. Traffic Differentiation 16600 - 5 Req. REQ 046129 Support 802.1p QoS and 802.1q VLAN. Support high value traffic types such as voice and video services Enables queue management and prioritization Manage 8 or more priority queues - individual VLANs may be broken into individual service types (Video/Voice/Management/Data) Allows the ability to over provision based on service type Jumbo Frame Support ATPC (Automatic Transmit Power Control) Fully Supported Outdoor mounting requirements and operational specifications: All radio equipment mounted outdoors with no enclosed rack space required AC powered (120/240v, 45-65 Hz) Power injectors can be mounted in the enclosures at base of each tower or in each applicable building. Full environmental range specification (–40° C to +50°) This is the minimum acceptable rating, however greater tolerances are acceptable. Power Over Ethernet Capable is required to support design. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: Dragonwave Incorporated – Horizon Compact models Radio Dish Product Specifications The .6 m diameter dish antennae equipment and mounting hardware specifications. This is a RF system design utilizing 23Ghz licensed and 24Ghz unlicensed frequency bands. 16600 - 6 Req. REQ 046129 The dish and associated mounting hardware, alignment flanges, etc. should be able to withstand up to 125 MPH winds. The dish specifications are required to meet or exceed those shown in drawing 400.D2 Alignment procedure instructions: How dish to radio alignment is to be accomplished following installation to tower. This is physical alignment only, since the RF signal alignment is covered in PART 3. Product to ship with instructions/illustrations of procedure. Product to ship with and special tools or software needed for this procedure. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: Dragonwave Incorporated – .6 meter dish for Horizon Compact models Wiring External Radio Package to Ethernet Switch Product supplied to be external grade shielded four pair Category 5E or greater wiring to connect the external radio package, located on the upper part of the towers to the power injector (or other power insertion device). Cable selected must be able to support its own weight when installed through the hollow sections of the concrete poles specified in other sections of the specifications. Cable must meet or exceed the following specifications: Temperature Range: -40 to 75 degrees C Insulation Material: Polyolefin or equal Jacket Material (Black): PVC Max. Pulling Tension: 25 lbs. Min. Bend Radius: 1.0" Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 16600 - 7 Req. REQ 046129 Commscope Belden Network Switches – Gigabit Ethernet Switch Product supplied to be an Ethernet switch, having 24 or more 100BASE-TX ports (RJ45 connectors, two-pair Category 5 UTP cabling) and have 2 or more 1000 Base-X ports (dual function with 1000BaseT four pair Category 5 UTP cabling and small fiber package (SFP) ports supporting LC fiber connectors (single/multimode fiber) in each). Hardware must be able to be rack mounted in the enclosures specified in this RFP and must meet or exceed the following requirements: Dissipated power: should net exceed 450 BTUs per hour 100-240 VAC (autoranging), 500mA, 50-60 Hz Internal-Power-Supply Connector Have the following LEDs: Per-port status LEDs: Link integrity, disabled, activity, speed, full-duplex indications System-status LEDs: System, link status, link duplex, link speed Mean time between failure (MTBF) of at least 320,000 hours Hardware must meet or exceed the following environmental requirements: Operating temperature: 32 to 113ºF (0 to 45ºC) Storage temperature: -13 to 158ºF (-25 to 70ºC) Operating relative humidity: 10 to 85% (noncondensing) Operating altitude: Up to 10,000 ft (3049m) Storage altitude: Up to 15,000 ft (4573m) Hardware must meet FCC requirements as defined in FCC Part 15 Class A. Hardware must be able to be accessed, configured, and diagnosed through a physical console port supporting at least 9600 baud. Software, and hardware where applicable, must support the following standards: 16600 - 8 Req. REQ 046129 IEEE 802.1s IEEE 802.1w IEEE 802.1x IEEE 802.3x full duplex on 10BASE-T, 100BASE-TX, and 1000BASE-T ports IEEE 802.1D Spanning Tree Protocol IEEE 802.1p CoS Prioritization IEEE 802.1Q VLAN IEEE 802.3 10BASE-T specification IEEE 802.3u 100BASE-TX specification IEEE 802.3ab 1000BASE-T specification IEEE 802.3z 1000BASE-X specification Software must support the following VLAN specific features: Support VLAN trunks creation from any port, using either standards-based 802.1Q tagging. Support Up to 1024 VLANs per switch or stack and up to 128 spanning-tree instances per switch. For entire switching domain, at least 1024 VLAN IDs supported. Support Voice VLAN for telephony installations by keeping voice traffic on a separate VLAN. VLAN ACLs (VACLs) on all VLANs to prevent unauthorized data flows from being bridged within VLANs. Private VLAN Edge provides security and isolation between switch ports, helping ensure that users cannot snoop on other users' traffic. Private VLANs restrict traffic between hosts in a common segment by segregating traffic at Layer 2, turning a broadcast segment into a nonbroadcast multi-access-like segment. Software should have support for the following general features: 16600 - 9 Req. REQ 046129 Native support for OSPF Version 2 routing with support for multiple areas. Web authentication for non-802.1x clients to allow non-802.1x clients to use an SSL-based browser for authentication. Multi-Domain Authentication to allow an IP phone and a PC to authenticate on the same switch port while placing them on appropriate Voice and Data VLAN. MAC Auth Bypass (MAB) for voice to allow IP phones without an 802.1x supplicant to get authenticated using their MAC address. Standard and extended IP security router ACLs (RACLs). Port-based ACLs (PACLs) for Layer 2 interfaces allow application of security policies on individual switch ports. Unicast MAC filtering to prevent the forwarding of any type of packet with a matching MAC address. Unknown unicast and multicast port blocking to allow tight control by filtering packets that the switch has not already learned how to forward. SSHv2, Kerberos, and SNMPv3 provide network security by encrypting administrator traffic during Telnet and SNMP sessions. Bidirectional data support on the Switched Port Analyzer (SPAN) or equivalent function port. RADIUS authentication to enable centralized control of the switch and restrict unauthorized users from altering the configuration. MAC address notification to allow administrators to be notified of users added to or removed from the network. Dynamic ARP Inspection (DAI) to help ensure user integrity by preventing malicious users from exploiting the insecure nature of the ARP protocol. DHCP snooping to allow administrators to ensure consistent mapping of IP to MAC addresses. This can be used to prevent attacks that attempt to poison the DHCP binding database, and to rate limit the amount of DHCP traffic that enters a switch port. IP source guard to prevent a malicious user from spoofing or taking over another user's IP address by creating a binding table between the client's IP and MAC address, port, and VLAN. 16600 - 10 Req. REQ 046129 DHCP Interface Tracker (Option 82) to augmentsa host IP address request with the switch port ID. Port security to secure the access to an access or trunk port based on MAC address. Support specific timeframe aging feature to remove the MAC address from the switch to allow another device to connect to the same port. Support a Trusted Boundary to provide the ability to trust the QoS priority settings if an IP phone is present and to disable the trust setting if the IP phone is removed, thereby preventing a malicious user from overriding prioritization policies in the network. Multilevel security on console access to prevent unauthorized users from altering the switch configuration. The user-selectable address-learning mode to simplify configuration and enhances security. BPDU Guard to shut down Spanning Tree Protocol interfaces when BPDUs are received to avoid accidental topology loops. Spanning-Tree Root Guard (STRG) to prevent edge devices not in the network administrator's control from becoming Spanning Tree Protocol root nodes. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: Cisco Systems Hewlett Packard Procurve Systems Wiring Ethernet Switch to Network Node Location See Specifications Section 16300 for details on messenger stranded, loose tube, armored, outside plant, singlemode, fiber optic cable. Uninterruptible Power Supply (UPS) Product supplied to accept an input voltage of either 208VAC and provide an output voltage of 208VAC or 240VAC, supply backup power for at least 15 minutes at 600 watts of power load. All inputs/outputs are single phase. Product supplied to support at least 2200VoltAmps (VA) of power at 208Volts input current 16600 - 11 Req. REQ 046129 Input cable to be terminated with a NEMA L6-30P connector. Product to supply at least 4 output IEC C-13 receptacles. Product to include an Ethernet management port capable of SMTP alerting and SNMP alerting for conditions requiring attention or maintenance. Product to be rack mountable in the racks located in both the enclosures specified in the RFP. Include any additional hardware required to rack mount as per the manufacturers recommendations. Meet or exceed the following environmental requirements: Operating Environment 32 - 104 °F (0 - 40 °C) Operating Relative Humidity 0 - 95% Operating Elevation 0-10000 feet (0-3000 meters) Storage Temperature 5 - 113 °F (-15 - 45 °C) Storage Relative Humidity 0 - 95% Storage Elevation 0-50000 feet (0-15000 meters) Online Thermal Dissipation 750 BTU/hr or less Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: APC Corporation Leibert External Equipment Cabinets with Air Conditioner Product supplied to accept an input voltage of 208VAC and/or 240VAC, supply a minimum of 2000BTU of cooling capacity utilizing single phase AC power. Cabinet to meet or exceed the following requirements: General: Two doors 16600 - 12 Req. REQ 046129 Handles to be stainless steel and support padlocks Doors sealed with aluminum filled gaskets Non-ferrous RF properties Removable filter panels Exterior screws to be stainless with NEMA washers Usable height of 30” or more Maximum usable depth of at least 21” Rails: Two standard sized rails Alodine or equivalent coated Holes tapped to 10 x 32 threads Each rail supported by at least two R-STRUTS .125 or thicker material 19" EIA standard spacing Cooling product supplied to support at least 2000BTU cooling at 208/240VAC input current. Power input cable to be terminated directly into the cooling unit. Cooling unit must drain directly to outside environment. Cooling unit to be directly integrated onto external cabinet Product to be rack mountable in the racks located in both the enclosures specified in the RFP. Include any additional hardware required to rack mount as per the manufacturers recommendations. Meet or exceed the following environmental requirements: Operating Environment 0 - 145 °F Operating Relative Humidity 0 - 100% Operating Elevation 0-10000 feet (0-3000 meters) Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: DDB Unlimited OD-30DCX Fiber Termination Cabinets 16600 - 13 Req. REQ 046129 In exterior equipment cabinets: 1U Rack-mount fiber cabinet for combination patch/splice applications. Provide type LC fiber adapter panel insert, containing 6 duplex ports for termination of singlemode fibers. Provide termination of 2 duplex ports, totaling four singlemode strands. In interior building locations: wall-mount fiber cabinet with same specifications as above. Provide type LC fiber adapter panel insert, containing 6 duplex ports for termination of singlemode fibers. Provide termination of 2 duplex ports, totaling four singlemode strands. Provide duplex fiber jumper cable to connect Ethernet switch to fiber termination panel. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: Ortronics Hubbell PART 3 – EXECUTION The execution will require complete installation of the RF radio system, including the radios, power injectors, antennae, cabling from radio to Ethernet switches, Ethernet switches, uninterruptible power supplies, and configuration and calibration of all components. 5. INSTALLATION Phase 1 Radio preloading: Preload software and base configuration on the RF radio systems. Configure the radios to base operational level for testing. Configure channel and pairs of radios for communication. Set IP addresses (using schemes provided by Port) and bridging modes on radios. Update operational software to most current version. Switch preloading: Preload software and base configuration on the switches. 16600 - 14 Req. REQ 046129 Configure the switches to base operational level for testing. Set IP addresses (using schemes provided by Port) and bridging modes on switches. Configure routing protocols and domains (scheme provided by Port) for OSPF Version 2 operation. Update operational software to most current version. Phase 2 Cabinet Installation: Install external enclosure. Cable power drops to enclosure Install power plugs as required by RFP. Install Air Conditioner wiring and startup air conditioner. Install UPS in cabinet and power up. Test UPS for proper battery function Install network switch and radio power injector, but do not power up. Ensure cooling system functional and cooling properly on enclosures at base of pole. Radio/dish package installation: Install radio/dish package on tower using approved brackets. Ensure elevations match for each pair. Visually align with other member of radio pair. Install cabling for connection from radio to power source. Secure cabling with tension relievers, etc. Power up radios in pairs Radio/dish package calibration: Install calibration instruments on approved brackets. 16600 - 15 Req. REQ 046129 Ensure correct azimuth and elevation for each communicating pair. Calibrate each radio/dish to its corresponding next link. Fine tune each pair to ensure maximum signal strength. Repeat procedure until optimum reading are observed Record readings for each radio. Remove calibration instruments. Integration with network switches Power up the network switches Test upstream and downstream operations and reach ability. Test OSPF reach ability of neighbors. Test bandwidth across network from one end to each point by transmitting and monitoring of 10 files larger than 50MB each. Record and report results at each site. 6. IDENTIFICATION All radio and networking devices are to be labeled (information concerning names and addresses to be supplied by Port) and each label will contain: Device name IP addresses and subnets Serial number, if not visible on each device A complete inventory, including all the information in section above and referenced to each serial number, will be required with the final certification documents. 7. FIELD QUALITY CONTROL Testing and Inspection: Test upstream and downstream operations and reach ability by IP. Test OSPF reach ability of all neighbor devices. 16600 - 16 Req. REQ 046129 Test bandwidth across network from one end to each point by transmitting and monitoring of 10 files larger than 50MB each. Record and report results at each site. 8. QUALITY ASSURANCE All radio hardware shall be designed in compliance with the provision of: ETSI CORE (Telcordia) All Ethernet hardware and software shall be compliant with applicable 802.x specifications for Fast Ethernet and Gigabit Ethernet and meet the applicable electrical/safety standards: UL 60950-1, First Edition CUL to CAN/CSA 22.2 No. 60950-1, First Edition TUV/GS to EN 60950-1, First Edition CB to IEC 60950-1 with all country deviations AS/NZS 60950-1, First Edition All UPS hardware shall meet or exceed the applicable regulatory requirements of: FCC Part 15 Class A UL 1778 CSA All External Cabinet Enclosures with Air Conditioner hardware shall meet or exceed the applicable regulatory requirements of: FCC Part 15 Class A UL NEMA Class 250 Type 4 Painted to withstand 500 hour salt spray/immersion testing 16600 - 17 Req. REQ 046129 9. MEASUREMENTS AND PAYMENTS All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16600 - 18 Req. REQ 046129 Drawing 400-D1 Antenna Dimensions, mm (in) A 663 (26.10) B 358 (14.10) C 72 (2.80) D 143 (5.60) E 335 (13.20) Antenna Fine Adjustment Fine Azimuth ± 10° Fine Elevation ± 25° 16600 - 19 Req. REQ 046129 Drawing 400.D2 HIGH PERFORMANCE ANTENNAS –DIAMETER: 0.6 M WIND FORCES The axial, side and twisting moment forces provided are maximum loads applied to the tower by the antenna at a wind survival speed of 200 km/h (125 mph). In every instance they are the result from the most critical direction for each parameter. The individual maximums may not occur simultaneously. All forces are referenced to the antenna mounting pipe. Axial Force Fa max 682 N Side Force Fs max 317 N Moment MT max 244 N 16600 - 20 Req. REQ 046129 Drawing 400.D3 This is an example of an external enclosure that meets the specification. It is a DDB Unlimited OD-30DXC with AC2400I2 The AC-2400I2 in integrated to the enclosure, as illustrated on the right side photograph below: 16600 - 21 Req. REQ 046129 16600 - 22 Req. REQ 046129 INDEX SECTION 16700 – MONITOR STATION CONSOLE PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 16700-1 2. SUBMITTALS 16700-1 3. QUALITY ASSURANCE 16700-1 4. INSTALLATION 16700-5 5. MEASUREMENTS AND PAYMENT 16700-5 Req. REQ. 046129 16700-a SECTION 16700 – MONITOR STATION CONSOLE PART 1 - GENERAL 1. SUMMARY Provide a 2-person workstation in the Harbor Police station, as shown on the drawings. Console shall be designed for information technology applications, and 24-hour continuous usage. Conventional office furniture systems are not acceptable. 2. SUBMITTALS Product Data: Include data on features, components, accessories, and finishes. Installation Data: Include all brackets, fittings, fasteners, and accessories. Provide installation drawing showing all components including accessories, and all standard finish options for selection by owner. Provide drawings of installation, including plan and isometric views. 3. QUALITY ASSURANCE Console shall meet the requirements of ANSI-BIFMA X5.5 – 1998 (American National Standard for Office Furnishings – Desk Products), as well as all requirements described herein. All components described herein shall have a minimum factory provided warranty of one year. PART 2 – PRODUCTS The console shall be manufactured by Write Line, or approved equal, with the following features. Overall dimensions of the console shall be nominal 13’ 3” x 7’ 2”, with an overall partition height of 45”. Core Construction The core shall serve as the primary structural foundation for the console system with heavy-duty 14-gauge and 16-gauge steel. Overall construction is an open frame design with detachable skins, (also referred to as “panels” or “tiles”), to maximize service access to interior of the core and to minimize any barriers to internal cabling and wiring. The base of the core (area of core parallel to flooring) and the top of the core are permeated with multiple cable ports to permit vertical cable management from core to (optional) attached walls. The sides of the core (perpendicular to floor) are permeated with 16700 - 1 Req. REQ 046129 similar portals to permit lateral cabling among cores. Portals measure 3" and 3.5" in diameter and are trimmed with a plastic sleeve as necessary to create a smooth, uniform internal surface to reduce the potential for shearing of cables as they are pulled through the cavities. The base core is available in six (6) nominal sizes: 24”, 30”, 36", 48", 60" and 72" with an overall height of 28"-30" to correlate to standard seated height applications. The core depth is nominally 6" deep to maximize internal cable management. The core carries a load rating of 1200-lbs based on a double-sided application and 750lbs for a single-sided configuration. The Profile system is tested in accordance with ANSI-BIFMA X5.5 – 1998 (American National Standard for Office Furnishings – Desk Products). The core includes (2) adjustable glides to properly level the unit and integrated ergonomic surfaces to allow for uneven flooring. The face of the core includes mounting points to accept attached stationary worksurfaces or to mount stabilizing bracketry for adjustable surfaces. The core is a self-supporting unit with the stabilization of core-mounted uprights or integrated structural CPU/Rackmount docking stations. The core accepts steel panels or other decorative skins to finish the exposed face of the core. These panels are easily removed by hand and permit service access to the interior of the core. Steel skins include a vent pattern to permit heat dissipation. Fabric skins include a vented steel base skirt to permit heat dissipation and resist wear from routine user contact or service/maintenance equipment. The core accepts contiguous additional cores to create a linear run without breaks or interruptions. Additional linear-run cores attach mechanically without creating floor creep. The cores also accept connectors to create angled configurations based on 15°, 45° and 90° angles through the connection of a bolt-on vertical column that minimizes floor space consumption and permits continuous lateral cable management among cores. These connectors are available with concave, convex and multiple full corner shape building characteristics. Core finish is epoxy powder-coated with a uniform application over all steel surfaces. Each core unit is a fully welded frame (no bolt-together construction). No particleboard or wood substrate is used in wall construction due to the risk of component deflection, environmental emissions, fatigue, chipping or delamination. Display Walls A display wall is defined as a vertical surface to create workstation privacy and support technology integration above the worksurface level. The framework for the display wall is 14-gauge and 16-gauge steel. These walls mechanically attach directly to the top of a core to vertically stack and build viewing levels. The display wall shall be 16” in height, and run continuous atop the core. The wall matches the depth (6") and width size of cores (24" - 72" wide) for space planning and appearance purposes. The 16” high wall shall be modular in construction with the ability to accept different finishing panels or skins. Finishing panel options shall include: fabric insert, full slatwall 16700 - 2 Req. REQ 046129 extrusion, writeable (“whiteboard”) panel and/or desktop rack-mount modules. Provide fabric inserts, with owner to select color/pattern from manufacturer’s standard offerings. The display wall includes multiple 3" and 3.5" portals to permit lateral and vertical pathways for cabling and wiring within a Profile unit. The base of wall includes one (1) to two (2) removable raceway covers at the beltline level for accessibility to the interior of the display wall (up to four panels on a double-sided wall). These removable covers are trimmed with soft plastic edging to permit seamless entry of cabling and wiring from the desktop into the display wall. A steel top trim shall finish the exposed top portion of a display wall and is removable by hand. Top trim is constructed of steel with a dome shape to compliment system lines and includes an integrated vent pattern for heat dissipation. The display wall gangs laterally to adjacent walls to create a continuous run of walls without breaks or interruptions. The walls also accept connectors to create angled configurations based on 15°, 45° and 90° standards with a bolt-on vertical column that minimizes desktop space consumption and permits continuous lateral cable management among walls. These connectors are available with concave, convex and full corner shape building options. Display wall finish is epoxy powder-coated with a uniform application over all steel surfaces. Slat wall extrusions are black anodized T6 aluminum. Flat Panel Arms Provide a total of 4 flat panel display arms. FPD Arms that mechanically attach to display walls that are configured with full slatwall extensions shall have the following attributes: Arm mounts feature multiple points of rotation for maximum adjustability. Monitors can fully extend across a 30" deep worksurface to the point of use, or retract out of the way when not in use. The range of motion afforded by the arm addresses: • • • • Vertical adjustment – 6" vertical adjustment easily adjusted with thumbscrew Side-to-side rotation - 360°. Multiple monitors can be rotated to create a viewing parabola to increase data visibility, maintain a single focal length for viewer’s eyes, and utilize space efficiently. Monitor tilt/pivot - 125°-180° tilt; 180° side-to-side tilt; 360° portrait/landscape (P/L) adjustment. Telescoping extension – 0 to 20" (508mm) Flat panel arms accept most flat monitors up to 25 lbs. with appropriate VESA compliant standard for 75mm or 100mm mounting. Arm mechanisms utilize an adjustable resistance friction system to provide stabilization of FPD screens and FPD Touch-screens. Arms have integrated cable management cavities to conceal cables to the point of attachment. Finish is black to match color of corresponding slatwall interface. 16700 - 3 Req. REQ 046129 Worksurfaces, Standard Worksurfaces shall be stationary tops that anchor directly to a core and are supported by two (3) engagement points; one (1) on each end of the surface, and one (1) steel support bracket in the center. End supports may be comprised of dockers, uprights, cantilever brackets or any combination of the above. The worksurface is mounted approximately 29" from the floor and provide maximum clearance underneath the surface for optional articulating keyboard platform accessories, personal storage modules, pedestals and optional storage for CPUs and rack-mount hardware. The top is constructed of 45-lb. particleboard construction with a decorative laminate finish on the top and an equivalent backer sheet on the underside of the top. Top thickness is 1.2" thick with full radius .6” thick bullnose T-mold leading edge for comfort. Secondary edges are finished with a 0.1” thick vinyl extrusion flat edgebanding. The worksurface top is 30" deep and in widths to match core sizes: 24”, 30”, 36", 48", 60" and 72". Worksurfaces are safety rated to a minimum of 300 lbs. (evenly distributed) in accordance to ANSI-BIFMA X.5.5-1998. In addition to linear shapes, worksurface styles also match concave, convex and full corner workstation configurations with the same specifications. Finished surface shall be decorative laminate with armored protection coat, providing significantly better wear value than the applicable NEMA standard for high-pressure laminates. CPU Storage/Rack-Mounts Provide 2 CPU Caddies. The caddy is a recessed equipment enclosure that retracts into the core to afford uninhibited free leg swing, or to share space with other storage units such as mobile pedestals. The caddy attaches to the face of the core and swings forward up to 90° on a two-point hinge assembly. The caddy closure panel features a loop-style, easy-pull handle, keyed lock and venting. Max. CPU Size is 20H x 7.5W x 17.5D. Electrical Each cable management raceway provides ample internal storage for user-defined power strips, power transformers for computers and monitors, as well as other electrical components. Options are available for 15 amp, 20 Amp, 20 Amp NEMA Twist Lock and Hardwire 20 amp power solutions compatible with core raceway. Cable Management Each workstation supports the ability to conceal electrical and communications wiring to prevent accidental contact or disconnection through both vertical and horizontal cable routings. 16700 - 4 Req. REQ 046129 Cables to movable worksurfaces are contained in an enclosed cable management raceway without stretching or chafing. The cable movement device is of metal construction and has removable covers. Keyboards Provide 2 ergonomic keyboards with mouse pads. These ergonomic keyboards are to be adjustable with a plug and play mouse surface. Chairs Provide 2 chairs with adjustable arms, mid back and medium seat and warranty are required. Chairs shall be Neutral Postures Model SAH2336, or approved equal. PART 3 – EXECUTION 4. INSTALLATION Provide complete installation of console on site, including all accessories. Installation shall be plumb and level. And scratches shall be touched up with factory provided kits. Any components damaged during shipping or installation shall be replaced at no cost to owner. 5. MEASURMENTS AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 16700 - 5 Req. REQ 046129 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 Req. REQ 046129 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 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 OF THE PORT OF NEW ORLEANS WITNESSES: BY: ____________________________ GARY P LAGRANGE PRESIDENT & CEO DATE: _________________________ ________________________________ ________________________________ NAME OF CONTRACTOR WITNESSES: BY:____________________________ DATE:__________________________ ________________________________ ________________________________ Req. REQ 046129 ACKNOWLEDGMENTS STATE OF LOUISIANA PARISH OF ORLEANS On this day of , 2007, 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 Executive Director 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 Executive Director 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. NOTARY PUBLIC STATE OF LOUISIANA PARISH OF ORLEANS On this day of , 2007, 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. NOTARY PUBLIC REQ NO. 046129 BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS NOTE TO PROSPECTIVE BIDDERS ON CONTRACT FOR UPRIVER SECURITY WIRELESS COMMUNICATION SYSTEM REQUISITION NO. REQ. 046129 NOVEMBER 16, 2007 FOR BIDS DUE ON NOVEMBER 28, 2007 AT 2:00 P.M. Dear Sirs: Please note the following: ADDENDUM NO. 1 I. PERTAINING TO THE SPECIFICATIONS Item No. 1 Subject project tile is “UPRIVER SECURITY WIRELESS SYSTEM”. Item No. 2 Delete the TABLE OF CONTENTS, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached TABLE OF CONTENTS issued with this Addendum No. 1. Item No. 3 Delete the INSTRUCTIONS TO BIDDER, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached INSTRUCTIONS TO BIDDER issued with this Addendum No. 1. Item No. 4 Delete Article 45, QUANTITIES AND PRICES, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached Article 45, QUANTITIES AND PRICES issued with this Addendum No. 1. Item No. 5 Delete Article 49, REQUIRED COORDINATION OF WORK, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached Article 49, REQUIRED COORDINATION OF WORK issued with this Addendum No. 1. Req. No. REQ. 046129 Sheet 1 of 7 Addendum No. 1 Item No. 6 Delete Article 50, GENERAL SPECIFICATIONS, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached Article 50, GENERAL SPECIFICATIONS issued with this Addendum No. 1. Item No. 7 Delete first sentence of the second to last paragraph, Article 51, VALUE ENGINEERING, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with “These data, furnished under the Value Engineering – Article 51 of Requisition REQ No. 041629, 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 the clause.” Item No. 8 Add new Section 02132, UNKOWN INFRASTUCTURE, issued with this Addendum No. 1. Item No. 9 Delete Section 02200, EARTHWORK, issued with November 1, 2007 Bid Documents, in it’s entirety. Item No. 10 Delete Section 02520, PORTLAND CEMENT CONCRETE PAVING, issued with November 1, 2007 Bid Documents, in it’s entirety. Item No. 11 Delete Section 02821, CHAIN-LINK FENCES AND GATES, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached Section 02821, CHAIN-LINK FENCES AND GATES issued with this Addendum No. 1. Item No. 12 Delete first paragraph of Section 16010, Item No. 5-JOB SITE (16010-2), BASIC ELECTRICAL REQUIREMENTS, and replace with the following: “Prior to submitting quotation for electrical work, Contractor shall examine the job site in order to become familiar with all existing conditions pertinent to the work to be performed thereon. No additional compensation will be allowed for failure to be so informed”. Item No. 13 Delete Section 16510, LIGHTING, issued with November 1, 2007 Bid Documents, in its entirety. Item No. 14 Delete last sentence of the third paragraph, Section 16600, page 4, RF RADIO & NETWORKING EQUIPMENT, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with “All radios must be fully licensed and activated at the data rates specified in the individual site drawings. It is the responsibility of the contractor to provide any and all required license keys and/or activation codes to obtain and maintain, at a minimum, the required data transfer rates specified by the individual site drawings.” Req. No. REQ. 046129 Sheet 2 of 7 Addendum No. 1 Item No. 15 II. Delete fifth and sixth lines from bottom of page 12, of Section 16600, RF RADIO & NETWORKING EQUIPMENT: and replace with “Cooling capacity of air-conditioning unit a minimum of 2400 BTU per hour. Provide minimum ½” rigid insulation on all interior surfaces, with an Rvalue of 3.3 or higher”. PERTAINING TO THE PLANS Item No. 16 Delete Drawing No. C3-12019-C0 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C0 issued with this Addendum No. 1. Item No. 17 Delete Drawing No. C3-12019-C1 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C1 issued with this Addendum No. 1. Item No. 18 Delete Drawing No. C3-12019-C2 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C2 issued with this Addendum No. 1. Item No. 19 Delete Drawing No. C3-12019-C3 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C3 issued with this Addendum No. 1. Item No. 20 Delete Drawing No. C3-12019-C4 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C4 issued with this Addendum No. 1. Item No. 21 Delete Drawing No. C3-12019-C5 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C5 issued with this Addendum No. 1. Item No. 22 Delete Drawing No. C3-12019-C6 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C6 issued with this Addendum No. 1. Item No. 23 Delete Drawing No. C3-12019-C7 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C7 issued with this Addendum No. 1. Item No. 24 Delete Drawing No. C3-12019-C8 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C8 issued with this Addendum No. 1. Req. No. REQ. 046129 Sheet 3 of 7 Addendum No. 1 Item No. 25 Delete Drawing No. C3-12019-C9 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C9 issued with this Addendum No. 1. Item No. 26 Delete Drawing No. C3-12019-C10 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C10 issued with this Addendum No. 1. Item No. 27 Delete Drawing No. C3-12019-C11 issued with November 1, 2007 Bid Documents and replace with attached revised drawing C3-12019-C11 issued with this Addendum No. 1. Item No. 28 Sheet E2, specific note 17: Delete equipment rack and provide framing as required to mount all equipment at towers #1 and #2 directly to concrete façade of existing wharf. Use maximum 3/8” expansion anchors as needed. Item No. 29 Sheet E2, specific note 21: Revise service voltage to 120/208V, 1-phase, 100A. Item No.30 Sheet E2, specific note 22: Revise meter voltage to 120/208V. Provide additional clips and accessories as required by Entergy for metering of 120/208V, 1-phase, 3-wire service. Item No. 31 Sheet E2, L1 and L2 panel schedules: Revise voltage of both panels to 120/208V. Item No. 32 Sheet E4, specific notes 19 through 23: Delete references to existing light pole. Existing light pole shall not be used for support of overhead cabling. Conduit and weather head for overhead power cabling shall be installed on wall of Felicity Street FAS building. Provide support and height as required to maintain clearances specified. Provide 1” GRS conduit and weather head, mounted to wall of Felicity Street FAS building, for termination of overhead fiber-optic cable. Provide support and height as required to maintain clearances specified. III. PRE-BID MEETING – The sign-in sheet for the pre-bid meeting is provided for your information. Item No. 33 In response to a question raised at the pre-bid conference regarding encryption, we offer the following. All data transmission across wireless links shall be encrypted. Encryption may be proprietary to the radio manufacturer, and shall meet or exceed the minimum standards of 3DESSHA2. Req. No. REQ. 046129 Sheet 4 of 7 Addendum No. 1 Item No. 34 In response to a question at the pre-bid conference regarding directional boring, we offer the following. Due to the extensive underground utilities and construction grade of the existing concrete roadways, the design engineers and Port of New Orleans elected to avoid directional boring of conduits. The contractor may submit value engineering proposals post-bid in accordance with Article 51 of the Requisition. Req. No. REQ. 046129 Sheet 5 of 7 Addendum No. 1 ACKNOWLEDGMENT 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: _______________________ (Prospective Bidder) By: ____________________ Date: ___________________ Req. No. REQ. 046129 Sheet 6 of 7 Addendum No. 1 ACKNOWLEDGMENT 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: _______________________ (Prospective Bidder) By: ____________________ Date: ___________________ Req. No. REQ. 046129 Sheet 7 of 7 Addendum No. 1 UPRIVER SECURITY WIRELESS COMMUNICATION SYSTEM Requisition No. 046129 Work Order No. 1-845 Addendum No. 1 Prepared by Engineering Department, Port of New Orleans 1350 Port of New Orleans Place New Orleans, LA 70130 and Schrenk & Peterson Consulting Engineers 4141 Bienville St. New Orleans, LA 70119 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 UPRIVER SECURITY WIRELESS COMMUNICATION SYSTEM Requisition No. 046129 Work Order 1-845 Contract Documents Prepared by Engineering Department, Port of New Orleans 1350 Port of New Orleans Place New Orleans , LA 70130 and Schrenk & Peterson Consulting Engineers 4141 Bienville St. New Orleans, LA 70119 November 1, 2007 New Orleans, Louisiana ADDENDUM NO. 1 TABLE OF CONTENTS FOR WIRELESS COMMUNICATION SYSTEM REQUISITION NO. 046129 AGREEMENT TABLE OF CONTENTS INVITATION TO BID INSTRUCTIONS TO BIDDERS BIDDER’S CHECKLIST BID FORM MBE AND WBE FORM CONTRACTOR’S EXPERIENCE NOTARIAL CONTRACT INFORMATION MONTHLY REPORT SAMPLE AFFIDAVIT 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. Req. No. 046129 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 III Addendum No. 1 26. 27. 28. 28A. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 44A. WARRANTY INDEMNITY BOARD'S INSURANCE FORCE MAJEURE 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 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 Req. No. 046129 III-a Addendum No. 1 SECTION 02132 – UNKNOWN INFRASTRUCTURE SECTION 02588 – CONCRETE POLES SECTION 02821 – CHAIN LINK FENCES & GATES SECTION 16010 – BASIC ELECTRICAL REQUIREMENTS SECTION 16100 – BASIC ELECTRICAL MATERIALS & METHODS SECTION 16300 – OVERHEAD SUPPORTING STRUCTURES & CABLING SECTION 16400 – PANELBOARDS SECTION 16500 – LIGHTING FIXTURES SECTION 16600 – RF RADIO & NETWORKING EQUIPMENT SECTION 16700 – MONITOR STATION CONSOLE Req. No. 046129 III-b Addendum No. 1 BOND ACKNOWLEDGEMENT DRAWINGS BOUND SEPARATELY DRAWING NOS. C0 TITLE SHEET C1 OVERALL SITE PLAN C2 PARTIAL SITE PLAN SHOWING ADMIN. BLDG. ROOFTOP ANTENNA C3 PARTIAL SITE PLAN SHOWING WIRELESS POLE #1 C4 PARTIAL SITE PLAN SHOWING WIRELESS POLE #2 C5 PARTIAL SITE PLAN SHOWING WIRELESS POLE #3 C6 PARTIAL SITE PLAN SHOWING WIRELESS POLE #4 C7 PARTIAL SITE PLAN SHOWING WIRELESS POLE #5 C8 PARTIAL SITE PLAN SHOWING WIRELESS POLE #6 C9 WIRELESS POLE PLANS AND DETAILS C10` WIRELESS POLE PLANS AND DETAILS AT JACKSON AVENUE C11 WIRELESS POLE PLANS AND DETAILS–HARBOR POLICE STATION E1 ADMINISTRATION BUILDING ELECTRICAL E2 POLES #1 & #2 ELECTRICAL E3 POLES #1 & #2 ELECTRICAL E4 POLE 3 ELECTRICAL – FELICITY E5 POLE 3 ELECTRICAL – FELICITY E6 POLE 4 ELECTRICAL – HARBOR POLICE E7 POLE 4 ELECTRICAL – HARBOR POLICE Req. No. 046129 III-c Addendum No. 1 E8 POLE 5 ELECTRICAL – LOUISIANA E9 POLE 5 ELECTRICAL – LOUISIANA E10 POLE 6 ELECTRICAL – NAPOLEON E11 POLE 6 ELECTRICAL – NAPOLEON Req. No. 046129 III-d Addendum No. 1 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. 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. 046129 V Addendum No. 1 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 Tuesday, November 13, 2007 at 9:00 a.m. local time at the Port of New Orleans Office Building. 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 Req. No. 046129 V-a Addendum No. 1 liable to exist during the time of the work, and their possible effect on receipt and storage of 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 Req. No. 046129 V-b Addendum No. 1 specifications and visiting the site, more detailed information is needed it may be obtained by inquiry from the Board's Engineering Dept., 1350 Port of New Orleans Place, New Orleans, LA., P.O. Box 60046, Zip 70160, phone (504) 528-3300. 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 foregoing requirements, following a review of bids by the Director, Port Development, and her recommendation to the Board. In making her recommendation, the following elements will be considered: whether the bidder involved (a) has a high standing and long experience in the type of work involved; (b) has adequate plant equipment and personnel to do the work properly and expeditiously; and (c) has a suitable financial status and reputation for meeting obligations incident to work of the kind specified. Upon request, the apparent low bidder shall furnish the American Institute of Architects Documents A 305 Contractor's Qualification Statement within three (3) working days. 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 (MBEs) and Req. No. 046129 V-c Addendum No. 1 Women Business Enterprises (WBEs) as prime contractors and as subcontractors. As part of their bid package Bidders are requested to submit on the attached form the following information regarding MBE/WBE participation. 1. 2. A plan for use of MBE/WBE subcontractors by task/function and the estimated dollar value for each subcontract. A list of MBE/WBE subcontractors, construction-related service providers and construction materials suppliers contacted and considered for this project. On the award of the contract, Contractor shall submit to Board a list of all subcontractors, service providers and suppliers, identifying MBEs/WBEs. Monthly reports on MBE/WBE utilization shall be submitted during the project. All MBE/WBE subcontractors, service providers or suppliers contacted shall be noted as part of this list. Questions regarding MBE/WBE utilization and requests for a list of MBEs/WBEs should be directed to the Board's Minority & Women's Business Consultants at (504) 8964600. The appropriate Board Committee may require successful bidders to meet and review their responsiveness to this policy. Successful bidders may also be required to clarify details of their proposed plan for the use of MBE/WBE subcontractors during the respective projects. Lists of potential subcontractors can be attained from the Port's offices and/or the following sources: --Mayor's Office of Minority Business Development (New Orleans) --The Government Office of Minority Affairs (Kenner) --The Louisiana Department of Economic Development --The Louisiana Department of Transportation --The Chamber/New Orleans and the River Region --The Guide, published by Riverworks (896-4600) In addition, the Contractor shall maintain sufficient records to complete a monthly report on minority and women contractors’ participation. During the first week of each month that a progress payment is to be made, the Contractor shall submit the monthly report form issued in the Contract Documents. (See sample form following the Bid Forms.) Req. No. 046129 V-d Addendum No. 1 BIDDER'S CHECKLIST A. B. THE SEALED ENVELOPE SHALL CONTAIN: (PREFERABLY BOARD-FURNISHED) 1. Completed Bid Form including signatures and State Contractor's license number 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. Completed "Information to be Furnished with Bid" - Part I and Part II. 5. Completed Board's form indicating Bidder's plan for use of MBE/WBE subcontractors by task/function and the estimated dollar value for each subcontract and a list of MBE/WBE subcontractors, service providers and suppliers contacted and considered for this project. 6. Evidence of corporate 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. Note: The "Non Collusion Declaration" is not required until the bidder receives the "Notice of Award." Evidence of the authority of the person signing the contract is not required until the bidder receives the "Notice of Award." Req. No. 046129 V-e Addendum No. 1 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. (b) Coordinate 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. Req. No. 046129 Special Conditions Article 49 - Sheet 1 Addendum No. 1 SPECIFICATIONS FOR WIRELESS COMMUNICATION SYSTEM ART. 50 - GENERAL SPECIFICATIONS (a) Extent of Entire Project The work consists of furnishing all labor, material and equipment for the Wireless Communication System by installing six (6) concrete poles at six (6) locations on the east bank of the Mississippi River and all associated electrical and telecommunications hardware and software all in accordance with project specifications and drawings. Also included is the installation of all electrical and telecommunications hardware and software at The Port of New Orleans Administration Building. (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: 1. Mobilization. 2. Port of New Orleans Administration Building: Installation of rooftop radio, and electrical/communications equipment and wiring. 3. Pole #1 & #2 locations: Installation of concrete pole and foundation. Installation of civil/structural/electrical/communications materials, equipment and wiring. 4. Pole #3 location: Installation of concrete pole and foundation. Installation of civil/structural/electrical/communications materials, equipment and wiring. 5. Pole #4 location: Installation of concrete pole and foundation. Installation of civil/structural/electrical/communications materials, equipment and wiring. Installation of monitoring console station inside Harbor Police Building. 6. Furnish and install four (4) Treated wooden poles, Class 2 (48 ft. x 12” dia. at base to 8”+/- at tip) 8 ft. in ground with all accessories. . 7. Unknown Infrastructure. Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 1 8. Pole #5 location (Alt #1): Installation of concrete pole and foundation. Installation of civil/structural/electrical/communications materials, equipment and wiring. 9. Pole #6 location (Alt #2): Installation of concrete pole and foundation. Installation of civil/structural/electrical/communications materials, equipment and wiring. 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. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 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. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 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. CONFORMS WITH CONCEPT The Engineer's review found no objectionable deviations and it conforms with the design concept. 2. CONFORMS WITH CONCEPT 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. REVISE AND RESUBMIT 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 Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 4 furnish, for Board use, four (4) sets of prints of all final drawings, plus one or more sets of prints for return to Contractor after approval. The Contractor, at his option, may elect to submit one (1) reproducible drawing and two (2) check prints, in which case, one (1) marked-up reproducible will be returned to the Contractor for his duplication. Where manufacturer's drawings or catalogue cuts are required, the quantities required shall be the same as above. Two (2) of these MUST BE PRINTED ORIGINALS which will be kept by the Board for its records. Those submittals which do not contain two (2) originals will not be accepted. 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. As far as practical, drawings shall be submitted in installments as to avoid any unnecessary concentration of checking by Board. When submission of manufacturer's catalogue cuts or brochures is required to described 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 "Conforms with Concept" or "Conforms with Concept 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 "Conforms with Concept" or "Conforms with Concept as Noted." Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 5 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 and resubmission, and final review of all submittals. In no case will a schedule be acceptable which allows less than fourteen (14) calendar days, not including Board holidays, for each review by Engineer. MAINTENANCE AND OPERATION MANUALS AND AS-BUILT DRAWINGS Within ten (10) days after substantial completion, the Contractor shall submit two copies of all maintenance and/or operation manuals, installation drawings, instructions, calibration manuals and assembly instructions received or used for this contract. 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 one (1) set 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. 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 Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 6 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. 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. (See Section 1500) This varies specification to specification so refer to 1500 only. (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 tests shall be at the Contractor’s expense and will be deducted from amounts due the Contractor. The Board will Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 7 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. 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. (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 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 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 Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 8 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 fail 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. 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, Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 9 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 East Bank of the Mississippi River 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 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 Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 10 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 material 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. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 11 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 keep all equipment, tools and materials stored at least ten (10) feet from the center line of any usable track. Any cost for damage to NOPB or ICRR 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. (i) Prevention of Environmental Pollution Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 12 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 and similar materials shall be disposed of by the Contractor at an off-site location at his expense, beyond Board’s property. (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 (Occupational Safety and Health Administration). Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 13 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. (n) Maintenance of Traffic The Contractor will be required to provide for and maintain terminal traffic during the construction of this project. It will be the responsibility of the Contractor to conduct his operations in such a manner as not to block any roads during construction. It is further the responsibility of the Contractor to provide tenants and their customers with reasonable access to their properties at all times during construction and to provide access for emergencies and necessary service vehicles, such as fire fighting equipment and sanitary refuse collection trucks. The Contractor will be required to provide and maintain all necessary flagmen, police, barricades, warning and detour signs in order to properly facilitate the movement of all traffic at all times when work is in progress that obstructs or is hazardous to traffic safety or impedes traffic flow. (o) Underground Installations 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. Contractor shall be responsible for discovery of existing underground installations, in advance of excavating or trenching, by contacting all local utilities, and by prospecting. (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 Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 14 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. 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. Req. No. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 15 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. 046129 Addendum No. 1 Special Conditions Article 50 – Sheet 16 INDEX SECTION 2132 - UNKNOWN INFRASTRUCTURE ___________________________________________________________________________ PARA. PAGE NO. PARAGRAPH TITLE NO. ___________________________________________________________________________ 1. SCOPE 02132-1 2. MEASUREMENT AND PAYMENT 02132-1 Req. No. 046129 02132-a SECTION 2132 - UNKNOWN INFRASTRUCTURE 1. SCOPE An allowance, for Unknown Infrastructure, of a specific amount of monies has been mandatorily included in the Bid. These monies are to be utilized, upon authorization by the Engineer, to compensate the Contractor for removal, relocation, or for reconstruction of infrastructures (as defined herein) encountered during the construction phase which were not indicated or shown, or differs substantially from the Contract Documents. 2. MEASUREMENT AND PAYMENT Unknown infrastructure payable under "Bid Item No. 7 - Unknown Infrastructure" is defined as any man-made objects encountered during the required work excluding objects and materials indicated on the Contract Drawings and/or reasonably known by the Contractor through a pre-bid inspection of the site which conflict with new construction. This item may be used as follows: Not At All, In Part, In Whole, Greater Than Whole. Measurement for payment of removal of obstructions will be made by the cubic yard of obstructions removed or for conduits and pipes, by the linear foot. Compensation for Unknown Infrastructure will be made in accordance with Article 43 of the General Conditions and such price and payment shall include furnishing of all materials, equipment tools, labor, and incidentals and performance of all work necessary to complete the works not covered, or covered in part, by the Contract Documents. Req. No. 046129 02132-1 INDEX SECTION 02821 – CHAIN-LINK FENCES AND GATES PARA. NO. PARAGRAPH TITLE PAGE NO. 1. SUMMARY 02821-1 2. PERFORMANCE REQUIREMENTS 02821-1 3. SUBMITTALS 02821-1 4. QUALITY ASSURANCE 02821-2 5. PROJECT CONDITIONS 02821-2 6. PRODUCTS 02821-2 7. CHAIN-LINK FENCE FABRIC 02821-2 8. INDUSTRIAL FENCE FRAMING 02821-3 9. INDUSTRIAL SWING GATES 02821-3 10. FITTINGS 02821-4 11. GROUT AND ANCHORING CEMENT 02821-4 12. POLYMER FINISHES 02821-4 13. EXECUTION 02821-5 14. EXAMINATION 02821-5 15. PREPARATION 02821-5 16. INSTALLATION, GENERAL 02821-5 17. CHAIN-LINK FENCE INSTALLATION 02821-5 18. GATE INSTALLATION 02821-6 19. ADJUSTING 02821-7 Req. REQ. 046129 02821-a Addendum No. 1 20. MEASUREMENTS AND PAYMENT Req. REQ. 046129 02821-b 02821-7 Addendum No. 1 SECTION 02821 - CHAIN-LINK FENCES AND GATES PART 1 - GENERAL 1. SUMMARY This Section includes the following: Chain-Link Fences Industrial, galvanized with polymer coating. Swing Gates (as shown on Drawings): 2. PERFORMANCE REQUIREMENTS Structural Performance: Provide chain-link fences and gates capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine based on mesh size and pattern specified, and on the following minimum design wind pressures and according to CLFMI WLG 2445: Basic wind gust: V = 130 mph Fence Height: See Drawings. Line Post Group: IA, ASTM F 1043, Schedule 40 steel pipe. Wind Exposure Category: B. 3. SUBMITTALS Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for chain-link fences and gates. Fence and gate posts, rails, and fittings. Chain-link fabric, reinforcements, and attachments. Gates and hardware. Accessories. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, weights, and finishes of components. Include plans, gate elevations, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances. Samples for Initial Selection: Manufacturer's color charts or 6-inch (150-mm) lengths of actual units showing the full range of colors available for components with factoryapplied color finishes. 02821 - 1 Req. REQ 046129 Addendum No. 1 Samples for Verification: For each type of chain-link fence and gate indicated. Polymer-coated galvanized steel wire (for fabric) in 6-inch (150-mm) lengths. Polymer coating, in 6-inch (150-mm) lengths on shapes for posts, rails, wires, and gate framing and on full-sized units for accessories. Maintenance Data: For the following to include in maintenance manuals: Polymer finishes. 4. QUALITY ASSURANCE Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. 5. PROJECT CONDITIONS Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. 6. PRODUCTS 7. CHAIN-LINK FENCE FABRIC General: Height indicated on Drawings. Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: Polymer Coating: ASTM F 668, Class 2b over metallic-coated steel wire. Color: Green as indicated on drawings or as selected by Engineer from manufacturer's full range, complying with ASTM F 934. Steel Wire Fabric at perimeter fencing: Steel Wire Fabric: Galvanized Metallic-coated wire with a minimum diameter of 0.1495 inch (3.797 mm). Mesh Size: 2 inches (50 mm). Weight of Metallic (Zinc) Coating: ASTM A 392, Type II, Class 2, 2.0 oz./sq. ft. (610 g/sq. m) with zinc coating applied after weaving. 02821 - 2 Req. REQ 046129 Addendum No. 1 8. INDUSTRIAL FENCE FRAMING Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group IC round pipe, and the following: Group: IA, round steel pipe, hot-dipped galvanized steel pipe conforming to ASTM F 1083, plain ends, standard weight (schedule 40) with not less than 1.8 oz. zinc per sq. ft. of surface area coated. Coating for all Steel Framing: Metallic Coating: External, Type B, zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. (0.27 kg/sq. m) of zinc after welding, a chromate conversion coating, and a clear, verifiable polymer film. Internal, Type D, consisting of 81 percent, not less than 0.3-mil(0.0076-mm-) thick, zinc pigmented coating. Polymer coating over metallic coating. Fence Height: See Drawings Strength Requirement: Light industrial according to ASTM F 1043. Post Diameter and Thickness: According to ASTM F 1043. Line Post: 2.375 inches (60 mm) minimum. End, Corner and Pull Post: 2.875 inches (73 mm) minimum. Swing Gate Post: According to ASTM F 900. Top Rail: 1.66-inch OD Type I or II steel pipe. Manufacturer's longest lengths, with expansion-type couplings, approximately 6 inches long, for each joint. Provide means for attaching top rail securely to each gate corner, pull, and end post. 9. INDUSTRIAL SWING GATES General: Comply with ASTM F 900 for single swing gate types. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1043 and ASTM F 1083 for materials and protective coatings. Frames and Bracing: Fabricate members from, galvanized steel tubing, shape as selected by Engineer, with outside dimension and weight according to ASTM F 900 and the following: Gate Fabric Height: As indicated. Leaf Width: As indicated. Frame Members: Tubular Steel: 1.90 inches (48 mm) round. 02821 - 3 Req. REQ 046129 Addendum No. 1 Frame Corner Construction: Welded or assembled with corner fittings. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and keepers for each gate leaf more than 5 feet (1.52 m) wide. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 10. FITTINGS General: Comply with ASTM F 626. Rail Fittings: Provide the following: Top Rail Sleeves: Pressed-steel or round-steel tubing not less than 6 inches (152 mm) long. Tie Wires, Clips, and Fasteners: According to ASTM F 626. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: Hot-Dip Galvanized Steel: 0.148-inch- (3.76-mm-) diameter wire; galvanized coating thickness matching coating thickness of chain-link fence fabric. Finish: Metallic Coating for Pressed Steel or Cast Iron: Not less than 1.2 oz. /sq. ft. (366 g /sq. m) zinc. 11. GROUT AND ANCHORING CEMENT Nonshrink, Nonmetallic Grout: Premixed, factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by manufacturer, for exterior applications. Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-controlled expansion cement formulation for mixing with potable water at Project site to create pourable anchoring, patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating and that is recommended in writing by manufacturer, for exterior applications. 12. POLYMER FINISHES Supplemental Color Coating: In addition to specified metallic coatings for steel, provide fence components with polymer coating. Metallic-Coated Steel Tension Wire: PVC-coated wire complying with ASTM F 1664, Class 2b. Metallic-Coated Steel Framing and Fittings: Comply with ASTM F 626 and ASTM F 1043 for polymer coating applied to exterior surfaces and, except inside cap shapes, to exposed interior surfaces. 02821 - 4 Req. REQ 046129 Addendum No. 1 Polymer Coating: Not less than 10-mil- (0.254-mm-) thick PVC or 3-mil- (0.076-mm-) thick polyester finish. Color: Green as indicated on drawings or as selected by Engineer from manufacturer's full range, complying with ASTM F 934. 13. EXECUTION 14. EXAMINATION Examine areas and conditions, with Installer present, for compliance with requirements for a verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work, and other conditions affecting performance. Do not begin installation before final grading is completed, unless otherwise permitted by Engineer. Proceed with installation only after unsatisfactory conditions have been corrected. 15. PREPARATION Stake locations of fence lines, gates, and terminal posts. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments. 16. INSTALLATION, GENERAL Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. 17. CHAIN-LINK FENCE INSTALLATION Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. Exposed Concrete: Extend 2 inches (50 mm) above grade; shape and smooth to shed water. Posts Set into Concrete in Sleeves: Use steel pipe sleeves preset and anchored into concrete for installing posts. After posts have been inserted into sleeves, fill annular space between post and sleeve with nonshrink, nonmetallic grout, mixed and placed to 02821 - 5 Req. REQ 046129 Addendum No. 1 comply with anchoring material manufacturer's written instructions, and finished sloped to drain water away from post. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of as indicated on Drawings. Line Posts: Space line posts uniformly at 8 feet (2.44 m) o.c. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of corner and pull posts. Locate horizontal braces at midheight of fabric 6 feet (1.83 m) or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. Bottom Rails: Install, spanning between posts. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2 inches (50 mm) between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 15 inches (380 mm) o.c. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. Maximum Spacing: Tie fabric to line posts at 12 inches (300 mm) o.c. and to braces at 24 inches (610 mm) o.c. 18. GATE INSTALLATION Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper-resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. 19. ADJUSTING Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. 02821 - 6 Req. REQ 046129 Addendum No. 1 Lubricate hardware and other moving parts. 20. MEASUREMENTS AND PAYMENT All work shall be measured for payment based upon each location, as described on The Bid Form. Include all elements as required for each location. No separate measurement for payment will be made for any work described under this section of the specifications. 02821 - 7 Req. REQ 046129 Addendum No. 1 BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS ENGINEERING AND CONSTRUCTION ATTENDANCE RECORD PREBID CONFERENCE . I DATE: \ 1/ / i3jO'{ I f I/t1.. m~az., I ~ -5 . PURPOSE: () P REQ 644? {;).<1 NAME I LOCATION: ~ ~ L ,,~ T(~)<€ (2..'rY1,,-I~ A \ S wo VO~+ Xf,c-'(. - ' I' (/l tu \ M.. eS 5 L--.t fr\ \-"-~-t''''-')------I ~I ., /Yl ./' vrJ) Girl' lo...J S'1').-t{ ey.-.' 1~ 13 q SCOMPANY TELEPHONE FAX BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS NOTE TO PROSPECTIVE BIDDERS ON CONTRACT FOR UPRIVER SECURITY WIRELESS COMMUNICATION SYSTEM REQUISITION NO. REQ. 046129 NOVEMBER 19, 2007 FOR BIDS DUE ON NOVEMBER 28, 2007 AT 2:00 P.M. Dear Sirs: Please note the following: ADDENDUM NO. 2 I. PERTAINING TO THE SPECIFICATIONS Item No. 1 Delete the BID FORM, issued with November 1, 2007 Bid Documents, in it’s entirety and replace with attached BID FORM issued with this Addendum No. 2. Req. No. REQ. 046129 Sheet 1 of 3 Addendum No. 2 ACKNOWLEDGMENT This notice of addendum No. 2 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: _______________________ (Prospective Bidder) By: ____________________ Date: ___________________ Req. No. REQ. 046129 Sheet 2 of 3 Addendum No. 2 ACKNOWLEDGMENT This notice of addendum No. 2 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: _______________________ (Prospective Bidder) By: ____________________ Date: ___________________ Req. No. REQ. 046129 Sheet 3 of 3 Addendum No. 2 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 1350 Port of New Orleans Place New Orleans, Louisiana 70160 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) The work consists of furnishing all labor, material and equipment for the Wireless Communication System by installing six (6) concrete poles at six (6) locations on this east bank or the Mississippi River and all associated electrical and telecommunications hardware and software all in accordance with project specifications and drawings. Req. No. 046129 VI Bid Form - Page 1 of 5 Addendum No. 2 ITEM NO APPROXIMATE UNIT ITEM QUANTITY PRICE TOTAL DESCRIPTION 1. Mobilization 2. Furnish and install all electrical and communications equipment and wiring for complete and operational radio installation at the Port Administration Bldg. Lump 3. Lump Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole locations #1 & #2. Lump $ lump sum $ _________ $ lump sum $ _________ $ $ _________ $ _________ $ _________ lump sum 4. Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #3. Lump $ lump sum 5. Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #4. Lump $ lump sum 6. 7. Furnish and install four (4) treated wooden poles, Class 2 (48 ft. x 12” dia. at base to 8”+/at tip) 8 ft. in ground with all accessories. Lump $ lump sum $ _________ Unknown Infrastructure Lump $ 15,000.00 lump sum $ 15,000.00 TOTAL AMOUNT OF BASE BID (Items 1 thru 7)----------------------------------------------------------------$ _ Req. No. 046129 VI-a Bid Form - Page 2 of 5 _____ Addendum No. 2 ALTERNATE BID #1 – In addition to Base Bid add the following: 8. Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #5. Lump $ $ _________ lump sum TOTAL AMOUNT OF ALTERNATE BID #1 (Sum of Base Bid and Item #8)-------------------------------------------$ __ ____ ALTERNATE BID #2 – In addition to Base Bid and Alternate #1 add the following: 9. Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #6. Lump $ $ _________ lump sum TOTAL AMOUNT OF ALTERNATE BID #2 (Sum of Base Bid. Item #8 and Item #9)--------------------------------$ _ Req. No. 046129 VI-b Bid Form - Page 3 of 5 Addendum No. 2 _ 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 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 one hundred eighty (180) consecutive calendar days after date in said Notice to Proceed, subject to the assessment of ascertained and liquidated damages of five hundred dollars ($500) per calendar day of delay. We agree that we will perform work with our own organization to meet the requirements of Article 46. Upon request of the Board we agree to furnish, within two working days thereafter, a list of work by classes that we will perform with our own organization, and the percentage of the total work that each represents. We deposit with this bid a certified or cashier's check in the amount of: Dollar($ ) 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. Req. No. 046129 VI-c Bid Form - Page 4 of 5 Addendum No. 2 The performance bond hereinabove stipulated will be written by: ____________________________________________________________________________ name of company of _________________________________________________________________________ address of company in full complexity 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 forty-five (45) calendar days after date of opening of bids. 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 Corporate Resolution or other document showing person whose signature appears above is duly authorized to sign.) Req. No. 046129 VI-d Bid Form - Page 5 of 5 Addendum No. 2 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 Hi-Tech Electric, Inc. d/b/a HTE Contractors of DE !.,.....• 5""'!.,.....• 5 License No. ----""?....•• Building Construction: Classification Elec trical Sta tewide Address 22189 M C H Road City Mandeville, State Louisiana Date To: Zip 11/28/07 _ 70471 Telephone (985) 809-1054 Board of Commissioners, Port of New Orleans 1350 Port of New Orleans Place New Orleans, Louisiana 70160 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) The work consists of furnishing all labor, material and equipment for the Wireless Communication System by installing six (6) concrete poles at six (6) locations on this east bank or the Mississippi River and all associated electrical and telecommunications hardware and software all in accordance with project specifications and drawings. Req. No. 046129 VI Bid Form - Page 1 of 5 Addendum NO.2 um sum ump sum 6,000.00 VI-aAPPROXIMATE Unknown TOTAL DESCRIPTION Furnish and all electrical Mobilization ITEM UNIT ITEM QUANTITY 102,644.00 $Infrastructure 102,644.00 110,298.00 $PRICE install four (4) Bid Form -Lump Page 2 of 5 15,000.00 26,023.00 15,000.00 Lump Lump $138.531. $~298.00 00civil 27.683.00 $~683.00 $~023.00 $$$138,531.00 accessories. materials communication for structural, electrical and treated wooden poles, Class 2 radio at pole location #3. and the Port communications Administration equipment Bldg. at (48 ft. 8x ft. 12" in dia. ground atinstallation base with toall operational andtip) wiring and for radio locations complete #1and &8"+/#2. at complete operational #4. (ItemsNo. 1 thru 7)----------------------------------------------------------------$ Req. 046129 426,179.00 ALTERNATE 8. BID #1 - In addition to Base Bid add the following: Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #5. $ Lump 96.596.00 $ 96.596.00 lump sum TOTAL AMOUNT OF ALTERNATE BID #1 (Sum of Base Bid and Item #8)-------------------------------------------$ ALTERNATE 9. BID #2 -In 522,77 5.00 --------- addition to Base Bid and Alternate #1 add the following: Furnish and install all civil structural, electrical and communication materials for complete and operational radio at pole location #6. Lump $104, 71 ').00 $104,71').00 lump sum TOTAL AMOUNT OF ALTERNATE BID #2 --'--------- (Sum of Base Bid. Item #8 and Item #9) READ PUBLICLY r $627,490.00 I RECORDED ,. VERIFIED Req. No. 046129 VI-b Bid Form - Page 3 of 5 Addendum No.2 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 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 one hundred eighty (180) consecutive calendar days after date in said Notice to Proceed, subject to the assessment of ascertained and liquidated damages of five hundred dollars ($500) per calendar day of delay. We agree that we will perform work with our own organization to meet the requirements of Article 46. Upon request of the Board we agree to furnish, within two working days thereafter, a list of work by classes that we will perform with our own organization, and the percentage of the total work that each represents. We deposit with this bid a certified or cashier's check in the amount of: ill Dollar($ 2 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: 5% Bid Bond w/Power of Attorney or AttachedDollar($ ). 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. Req. No. 046129 VI-c Bid Form - Page 4 of 5 Addendum NO.2 The performance bond hereinabove stipulated will be written by: Agent: Mullis -Newby - Hurst LP (Fidelity & Deposit Company of Maryland) name of company of 5057 Keller Springs Road, Suite 400, Addison, TX 75001 address of company in full complexity 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 forty-five (45) calendar days after date of opening of bids. 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: Addendum #1 dated 11/16/07; Addendum #2 dated (Bidders must fill in the above line with the Addendum acknowledged.) 11/19/07; No. of all Addenda received and (Please supply a Corporate Resolution or other document showing person whose signature appears above is duly authorized to sign.) Req. No. 046129 VI-d Bid Form - Page 5 of 5 Addendum NO.2 Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) Instructions to Bidders: This form shall be completed and submitted with your 8id Form. Use additional sheets if necessary. See Instructions to Bidders Page V-c. Plan for Usinq MBE/WBE Subcontractors, Materials Supplies Indicate WBE or MBE Name Constructed Related Service Providers, or Construction Contract Dollar Value -- Task/Function N/A Listinq of Subcontractors, Construction-Related Suppliers Contacted and Considered Service Providers, or Construction Materials Indicate WBE or MBE Name Hi-Tech Electric, Inc. of DE d/b/a HTE Contractors Vice President Title in Firm 11/28/07 Date Req. No. 046129 Fidelity and Deposit Company of Maryland Colonial American Casualty and Surety Company Home Offtce: P.O. Box 1227. Baltimore. MD 21203·1227 BID BOND KNOW ALL MEN BY 1HESE PRESENTS: That we, Hi-Tech Electric, Inc. dba HTE Contractors, 22189 MCH Road, Mandeville, ____________________ LA 70471 , as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland , P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and finnly bound unto Board of Commissioners of the Port of New Orleans. 1350 Port of New Orleans Place. New Orleans. LA 70160 as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Greatest Amount Bid - - - - - - - - Dollars ($ 5% GAB ), for the payment ofwmch sum well and truly to be made, the said Principal and the said Surety, bind ourselves, ourheilS, executors, administmtolS, successors and assigns, jointly and severally, fumly by these presents. WHEREAS, the Principal has submitted a bid for New Orleans, Upriver Security Wireless Communication System, Louisiana NOW, TIIEREFORE, 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 tenus of such bid and give such bond or bonds as may be specified in the bidding OT 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, OT in the event of the failure of the Principal to enter into 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 perfonn 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 28th day of November A.D., _2_0_0_7 _ (SEAL) Witness FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASU~L,TY AND SURETY COMPANY Surety By '6" ~ 0.0 Wi~ (SEAL) Ne;'';y , Wi"'e", Attnmey-in-Fad Printed in cooperation with the American Institute of Architects (AlA) by Fidelity and Deposit CQJJIpany 0 Maryland and Colomal Amcncan Casualty and Surety Company. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company vouch that the language in me document conforms exactly to the language used in AlA Document A·31 0, February 1970 Edition. BrD70(}{)()TXO 10 I c Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations oftheS at aryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pUffln :IJt t . granted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth on t~ffi9~ ~ 0 an '" reby certified to be in j' LIS, JR., John full force and effect on the date hereof, does hereby nomina~~fUt1ill--appoffia; GOODENOUGH, Julie P. STORM . s~H~~~ ~ Y, all of Addison, Texas, EACH its true \ ~~y nd WATSON, Carolyn J. William NEWBY, Robert Donald HURST, pa~~~~l deed: any and all ~"d and lawful agent and~ttorn ~=~ -i~~~ )~onds on behalf of Independent Executors, Community 0.~e 'ver, for, and on its behalf as surety, and as its act and ex shall be as binding u ~l m~Me's', as fully and amply, to all intents and purposes, as if they had been duly executed Survivors and co~~. y.gularly UU~~d of such at bonds or undertakings of own these proper presents, and acknowledged b elected officersexecution of the Company its office in Baltimore,in pursuance Md., in their persons. This power of attorney revokes that issued on behalf of Sammy Joe MULLIS, JR., John William NEWBY, Robert Donald HURST, Patricia Lee BARTLETT, Wilbert Raymond WATSON, Carolyn J. GOODENOUGH, Julie P. STORM, Troy Russell KEY, Sandra Lee RONEY, dated May 4, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of September, A.D. 2007. FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ATTEST: By: Gerald F. Haley City of State of Baltimore Maryland Assistant Secretary William J. Mills Vice President } 55: On this 24th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY written. WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 168-0016A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the SeniOJ Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Residen Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or tc authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments ir the nature ofmortgages, ...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the SeniOJ Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Residen Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or tc authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments ir the nature ofmortgages, ...and to affix the seal of the Company tbereto;" CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power 0 Attorney is still in full force and effect on the date of this certificate; and I do further certify tbat the Vice.-President whe executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Direct on to appoint any Attorney-ill-Fact as provided ill Article VI, Section 2, of the respective By-Laws of the FIDEPTY AN[ DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held or the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETI: COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanic all) reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore 0: hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid ane binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY this 28th WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, day of November ,. 2007 Assistant Secretary ACKNOWLEDGMENT 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, W...b...•• ~ William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: Hi-Tech Electric, Inc. of DE d/b/a HTE Contractors Gfl7?~ BY .. Date. ,;Jc;,R-Jr27· ( I Reg. No. REQ. 046129 Sheet 7 of 7 Addendum No. 1 ACKNOWLEDGMENT 1.- f This notice of addendum No. 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 Port of New Orleans. FAX: 504-528-3445. Very truly yours, W.b ...~ William Cromartie Engineering Manager Board of Commissioners of the Port of New Orleans New Orleans, Louisiana NOTICE ACKNOWLEDGED: H~-Tech Electric, Inc. of DE d/b/a HTE Contractors By: ~ Date: ~c "IIJag/{f/ Req. No. REQ. 046129 Sheet 3 of 3 Addendum No.2 INFORMATION TO BE FURNISHED WITH BID PART I CONTRACTOR'S EXPERIENCE Under our present title, as given immediately below, (or under other titles, if any, also stated) Electrical Contractor August, 1984 NATURE OF ORGANIZED BUSINESS d/b/a Delaware HTE Contractors FIRM NAME WORK, COMPARABLE IN KIND (NOT NECESSARILY BOARD'S) AND EXTENT TO THAT COVERED BY THE ACCOMPANYING BID, HAS BEEN PERFORMED BY US, AS FOLLOWS: CONTRACT TIME DATE OF COMPLETION OWNER OF WORK AND WHERE ! BRIEF DESCRIPTION I II , i ! i (Bidder's Signature) . Req. No. 041629 INFORMATION TO BE FURNISHED WITH BID PART II '---~ The information furnished below is necessary for the drafting of a notarial contract; however, it does not constitute a formal part of the contract documents. PLEASE PRINT OR TYPE IN BLANK SPACES 1. Bidder is (a) _ (full name) If bidder is an individual, use paragraph (a) and ignore para~ (b) and (c). residing at _ (street, city, and zone number) or doing business at _ (street, city, and zone number) and is sole owner of, and doing business as, (trade name) If a bidder is a partnership, us paragraph (b) and ignore paras. (a) and (c). (b) A commercial co-partnership partners: composed of the following (Give names of all partners) doing business as _ (trade name) domiciled at _ (street, city, and zone number) in the state of and which contract will be be signed by _ a member of _ (Name of co-partner) partnership. If bidder is a corporation, USE paragraph (c) and ignore paras (a) and (b). (c) A corporation organized under the laws of the State of domiciled at Mandeville, LA (city and state) Req. No. 041629 INFORMATION TO BE FURNISHED WITH BID (PART III (continued) authorized to do and doing business in the State of Louisiana, whose address is 22189 MCRRoad (street, city, and zone number) R. Russo. Vice Pres. and which contract will be signed by Patrick (name and title to officer) Officer who signs contract for successful bidder must furnish Notary with and extract of minutes of corporation's Board of Directors showing his authority to act for the corporation. 2. The following name surety company, being qualified, as required in the Advertisement, Sheet IV, of these specifications, will execute the bond as surety for the bidder: Req. No. 041629 NOV.27.2007 1:28PM HI-TECH ELECTRIC 832-457-0132 Hi- Tech NO. 397 F'.2/2 E'ectric~Inc. ELECTRICAL CONTRACTORS & ENGINEERS Superior electrical solutions for Industrial, Commercial & Service EnvironmslitE. November 27,2007 Board of Commissioners Port of New Orleans 1350 Port of New Orleans Place New Orlea.n$~LA 70160 To Whom It May Concern: 1, 2007 the Board of Directors re-elected Patrick R. Russo With that title Mr. Russo is Q.uly authorized to execute all bid documents and contracts for the corpc;>ration. Please note that on November to the of11,ceof Vice-President. Sincerely, Michael L. Hodge Secretary/Treasurer 11116 W. Little York. RS{ju/i1W'1 by rhs Tsxa~ Department I:Jldg.S • HouGton, Texas 77041 • Telephone (8~2) 243-0345 • Facsimile (832) 467-0132 or Llcerrslng ana F/BglJlatlon, PO I3D!! 12157, AUSI/n, TX ;8711, 1·/lQO·80S-92G2,512-4lilJ.fi599: wsc6lrs "If'>V",.'lcen~e,Bt.!;j18,t){,U8ICQmpllJlnrs (TEc:~g1f;n) WORKOR 70620 24786 30787 60619 80567 10607 21759 81017 60782 60788 60289 60618 50264 21758 30288 50756 20777 81010 61011 51002 20782 60770 50278 71024 30774 872849 60789 71018 40781 20617 70285 40998 60280 60283 80785 20783 20287 80786 30779 862844 20760 24778 30252 21757 51032 41012 862845 22787 40982 872848 71023 PROJECT LOCATION Second Baptist Church Baytown River Garden Apartments Weatherford Manufacturing U.S. Oncology Houston Pavilions Valero Port Arthur Baytown New Orleans Houma The Woodlands Houston Port Arthur Hammond NG Army Avaiation Support Dayton WWTP NAS P-263 Hanger P262K Public Works HBK 20 Waterway IBOC Church NG Readiness Center Bluebonnet Medical Plaza Jackson Barracks Chevron Northpark Cypress Hill MUD #1 NASA Building 52 FBC MUD #23 RWW#1 Trinity Yachts PT Slip Valero Maintenance Building Sagamore Hill Baptist Church Magellan 500 Series Tanks Westminster Pump Station Northwestern Trust NAS Building 386 LCY Elastomers Line 2 Capital One Pi Cyrus One Phase 5 Akin Gump North Park PUD Generator Thompson & Knight First American Marsh Avondale Tech's Rolls Royce Syncrolift Transcore Avondale Restrooms Textron Office Building First American Lab Stennis Rolls Royce Magellan Fuel Dock Safety-Kleen Generator Shell Robert Training Facility Agrifos Truck Loading Freeport LNG Dock Bldg. Verizon Conference Room Pecan Island Cameron LNG Merrill Lynch Magellan Tank 842 Dayton Belle Chase New Orleans Dallas The Woodlands Dallas Hammond Ennis New Orleans Mandeville Houston Houston Houston New Orleans New Orleans Ft. Worth Galena Park New Orleans Dallas Plaquemines Baytown New Orleans Houston Dallas Houston Dallas Dallas Avondale Gulfport Dallas Avondale New Orleans Dallas Belle Chase New Orleans Plano New Orleans Pasadena Freeport Dallas Kaplan Hackberry Dallas Houston CONTRACTOR G.L. Barron Clayco Carl E. Woodward DE Harvey D.E. Harvey Spaw Glass Broadmoor Allco Inc. Broadmoor Broadmoor Spaw Maxwell Harvey G.L. Barron Broadmoor DE Rogers O'Brien Broadmoor Clayco Wolf Smith EMI Alsay Incorp Trinity Yachts Spaw Glass G.L. Barron Magellan M.R. Pittman Constructors Hall Builders Inc. LCY Elastomers Core Construction Lee Technologies Spaw Maxwell Nicholson Consulting Constructors FBE Construction Northrop Grumman Trinty Yachts Pacific Builders Weidner Engineering C.G. Favret First American Contential Const. Stewart Construction Safety-Kleen Broadmoor TKS Tessenderlo Superior Buildings Constructors Data Cell Systems Superior Buildings Turner Construction Magellan 862847 90615 71028 51030 10608 60284 781832 862846 70286 70578 60551 60690 70997 781821 60279 70603 50265 50272 10753 20766 61004 10596 60277 10604 781825 30610 41016 22785 22784 10783 50612 80784 10616 10614 70282 51014 71000 22781 22765 20746 80534 20779 20780 80752 60274 90606 872843 10772 20276 40968 30257 70992 Verizon 400 Cooling Tower West Pavilion Voice & Data Kaneka Waste Water System Equistar Heaters Dr. Ciaravino Verizon Emergency Feeder East Jeff North Raceway Verizon Cube Consolidation GloballP Network Bellaire Plaza 24 Waterway Tower Hale Boggs VAM Yard Lights Tulane Coax Cables Verizon Royal Lane Lab IBM Consolidation IBM Belleview UPS Commercial Metals Lakeside Garage Boh Bros Service HC MUD #402 CVS Store Renovations First American MCC Building 9 Apache Level 5 Tulane Power Plant Telecom SJMH X-Ray Rooms Generon Port Radiation Monitor Rescue 21 Cell Site Pittman Office/Warehouse Fidelity Memorial Avondale Buildout Crescent Basement Apache Level 2 SHW Group Spring Valley Transfer Switch Magellan 7 Tanks Embarq Upgrades Embarq DSL Upgrades Naval Air Hangers Perry Homes Office Building Alltel Main Switch HTTS Service Work Avondale Telecom First American "B" Service Apache Level 2 Data Price Waterhouse Coopers London Ave Canal Pumps Network Appliance Freeport LNG Buildings The Campus Phase 3 Magellan Truck Loading Richardson The Woodlands Pasadena LaPorte Houston Richardson New Orleans Dallas Plano Bellaire The Woodlands New Orleans Houston New Orleans Dallas Houston Dallas Dallas Metairie New Orleans Houston Houston Westlake Houston New Orleans Baytown Houston New Orleans Reggio New Orleans Houston Avondale Houston Houston Dallas Houston Galena Park New Orleans New Orleans New Orleans Houston New Orleans New Orleans Avondale Westlake Houston Dallas New Orleans Addison Freeport Plano Houston Verizon Scheidt & Bachmann Quality Plus Service Equistar Spaw Maxwell Verizon East Jefferson Verizon Allied Interiors Brothers Const D.E. Harvey Bernhard Mechanical VAM USA Tulane University Verizon Aguirre Corp. Skanska Pacific Builders Broadmoor Boh Bros D.J. Civil Engineeri NCS Retail Services FBE Construction Spaw Maxwell Tulane Delk Construction IGS Generon South Bay EDC Tower One M.R. Pittman Constructors Weidner Engineering Spaw Maxwell SpawMaxwell Turner Construction Claunch & Miller Magellan Embarq Embarq Sauer Inc. Durotech, Inc. Alltel HTTS Northrop Grumman FBE Construction Spaw Maxwell Spaw Maxwell M.R. Pittman Constructors Demar Abstract Const. Magellan 862841 862837 71001 862832 51005 711828 41008 22768 30281 41006 20772 10598 80780 20609 20575 50580 50521 20996 60761 852811 50601 50777 862839 90605 50611 20588 60275 20734 832836 862840 862842 50581 50536 70273 862827 60773 20739 50593 90592 20600 80965 50602 - 842825 20587 50530 70594 872835 20259 30654 40547 60268 50270 1201 Cooling Tower Replacement Verizon 3rd Floor XFMR VAM Engineering Office Goldman Sachs Equistar Cable Pull Barto Marble Marino Ware Office Trailers Moffet Hangar PNMR Services Enterprise Warehouse Seminole WesTower Generators Apache Level 4 Avondale Turnstile Fiber Crescent Generator Cyrus One Data Center Halliburton DAC Art Works Pepsi Bottling Loadind Docks TCI - Steves First American Bldg #7 Twinrose Repairs Intralox 2nd Floor Extruder Verizon VA V Apache Level 5 Data Halliburton 1NW 15-18 Apache Level 20 Fidelity Convergence 1st Floor Verizon Generators EDS H4 Lab Verizon 1201 DC Plant 1201 Torque & Clean Verizon Paul Mitchell School American First National Bank Knowledge Base Marketing Verizon Bollard Replacement Superdome Clubrooms Trinty Yachts Sub Replacement Well Dynamics Apache Level 4 Voice & Data Merrill Lynch PDU MC MUD #99 Water Plant Timet Service Upgrade Inerf Lab UPS Merrill Lynch Claghorn Lesem Clinic Fidelity Investments Viant Remodel Gateway Plaza Lot #1 Loyola Law School 17000 Katy Freeway Fidelity Convergence Halff & Associates Dallas Dallas Houston Dallas En Tech Services Verizon VAM USA Constructors Laporte New Orleans Pasadena New Orleans Equistar Bar to Marble Marino Ware Orleans Levee Board FBE Construction Irving Seminole New Orleans Houston New Orleans Houston Houston Houston New Orleans Pasadena Jefferson Irving Houston New Orleans Richardson Houston Houston Houston Dallas New Orleans Dallas Richardson Richardson Houston Houston Richardson Richardson New Orleans New Orleans Houston Houston College Station Spring Houston Richardson Houston Houston Houston Dallas Southlake New Orleans Houston Lewisville Richardson Superior Buildings WesTower Spaw Maxwell Northrop Grumman Crescent Lee Technologies D.E. Harvey Gibbs Construction ICI Steves & Sons FBE Construction MAPP Construction Laitram Verizon Spaw Maxwell Cactus Builders Spaw Maxwell Constructors Verizon Wireless EDS Valere Power Verizon MAPP Construction Spaw Glass Turner Construction Verizon Broadmoor Trinty Yachts Cactas Builders Spaw Maxwell Merrill Lynch Industrial Tx Beltway 8 Business H.C. Beck Constructors K.L. Heidtmann Constructors MAPP Construction Constructors Brice Building Co. D.E. Harvey Constructors Pacific Builders 40574 60522 80559 70590 80554 20670 862838 872830 872831 70249 862815 70988 50751 832833 70271 70269 90583 70993 30744 70999 50989 50253 20579 50591 751814 60749 10586 30576 90589 70267 60232 70979 22769 30571 21764 70266 50260 70261 822816 90577 30762 30741 40981 30250 20735 10941 30572 20720 30569 70262 872817 90582 Memorial City Mall SW Entry 911 Walker Parking Garage Lakewood Crossing Medical KHS Batting Cage Woodlands Street Lights NAS Pensacola SOW 6 HBK Electrical Survey Cap Gemini 3rd Floor Cap Gemini 6th Floor Nucomm Call Center Verizon Temp Transformer Sanyo Tub Project Intralox 301 Front Office EDS H5 D&E Tapmates GE Capital Restack Tenet Phase 3 Remodel Apache Leve 19 Voice & Data AKZO SCHP VOC Project Laitram Machine Shop VAM Underground Invista CSD Whse. Hewlett Packard Waterview Apache Level 19 Integrated Production Service CHNO Helipad TCI Edwards Service Town & Country Service Repair Apache Level 22 Apache Level 20 Data Tenet First American Data Center Magellan Tank Farm Iberia Bank Apache Level 16 Honda of Slidell VHA Place Watermark Church ABSG Amerisource Bergen Solana Heliport Apache Level 22 Telcom Avondale Western Loop Textron Marine Bldg #3 Generon IGS Shop Communities Foundation Superdome Audio Visual Houston Cement GX Technology Bldg. 3 Verizon Wireless Service Apache Level 23 Spencer Furniture @ ABSG Fritz Industries CMC Recycling OSP Fiber Houston Houston Houston Kingwood Woodlands Pensacola Dallas Dallas Dallas Lafayette Dallas Pasadena New Orleans Dallas Frisco Frisco Houston Houston New Orleans Houston Orange Richardson Houston Houston New Orleans Jefferson Houston Houston Houston Dallas Irving Gelena Park Abbeville Houston Slidell Irving Dallas Frisco Westlake Houston Avondale New Orleans Houston Dallas New Orleans Houston Houston New Orleans Houston Frisco Mesquite Houston Anslow Bailey D.E. Harvey Anslow Bailey Kingwood Baseball D.E. Harvey Sauer Southeast HBK MAPP Construction MAPP Construction MAPP Construction Verizon Gunther-Nash Carl E. Woodward Schweiger Const. Constructors Constructors Spaw Maxwell AKZO Carl E. Woodward V AM USA Independent Const. Precept Builders Spaw Maxwell Spaw Maxwell Carl E. Woodward TCI Davis Brothers Spaw Maxwell Spaw Maxwell Constructors FBE Construction Magellan Lincoln Builders Spaw Maxwell Teal Construction MAPP Construction Pacific Builders Turner Construction Constructors Spaw Maxwell Weidner Engineers C.G. Favret Superior Building Constructors Broadmoor Continental Const. DE Harvey Verizon Wireless Spaw Maxwell The Spencer Co. Front Line Fire CMC Recycling 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: NameofPr~ect: Parish: (if applicable) Upriver Security Wireless Communication System Requisition No. REQ 046129 ORLEANS ~:ID{i){>.~JH{~X1QC Hi-Tech Electric, Inc. of DE d/b/a ~~miX~~ (a corporation) HTE Contractors 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 the::- d~t:es fe:- 8ff:G~t. (an individual) (a partnership) ~orporatiOn) WITNESSES: ~~- Title Vice ~ Parish or county State of fuJ..s..s..Q ~ ..... St. President "Tammany Louisiana Subscribed and sworn to before me this day of _ ')f) L.V_ NOTARY PUBLIC (signature) NOTARY PUBLIC (printed name) NOTARY PUBLIC NUMBER Req. No. 041629 EXPIRATION DATE Non-Collusion Declaration R-1020 Louisiana Department of Revenue (11/04) Designation of Construction Contractor Agent of a Governmental Entity and Exemption Certificate Board of Commissioners Port of New Orleans Legal Entity name of Governmental as , an agency of the United States government, or an agency, board, commission, or instrurnentality of the State of Louisiana or its political subdivisions, including parishes, municipalities and school boards, does hereby designate the following contractor as its agent for the purpose of rnaking sales tax exernpt purchases on behalf of the governmental body: Hi-Tech Electric, Inc. dba HTE Contractors Name of Contractor 22189 M C H Road Add ress Mandeville, LA 70471 City,State,zlp This designation of agency shall be effective for purchases of cornponent construction materials, taxable services and leases and rentals of tangible personal property for the following named construction project: Upper Mississippi River Terminals Wireless This designation and acceptance of agency is effective for the period Communication ________ System , through - Purchases for the named project during this period by the designated contractor shall be considered as the legal equivalent of purchases directly by the governmental body. Any materials purchased by this agent shall immediately, upon the vendor's delivery to the agent, become the property of this government entity. This government entity, as principal, assumes direct liability to the vendor for the payrnent of any property, services, leases, or rentals made by this designated agent. This agreement does not void or supersede the obligations of any party created under any construction contract related to this project, including specifically any contractual obligation of the construction contractor to submit payment to the vendors of materials or services for the project. This contractor-agent governmental is not authorized to delegate this purchasing agency to others; separate designations of agency by this entity are required for each contractor or sub-contractor who is to purchase on behalf of this governmental entity. The undersigned hereby certify that this designation is the entirety of the agency designation agreement between them. In order for a purchase for an eligible governmental entity through a designated agent to be eligible for sales tax exemption, the designation of agency must be made, accepted, and disclosed to the vendor before or at the time of the purchase transaction. Designation Signature Acceptance of Agency of Authorized Designator, Date Signature of Agency of Contractor or Subcontractor Name of Contractor's Designator Board of Commissioners, Name of Governmental Port of New Orleans Entity Acceptor, Date Patrick R. Russo Gary LaGrange, Chairman and CEO Name of Authorized Authorized or Subcontractor's Acceptor Hi-Tech Electric, Inc. dba HTE Contractors Name of Contractor 22189 M C H Road 1350 Port of New Orleans Place Add ress Address Mandeville, LA 70471 New Orleans, LA 70130 City, State, ZIP City, State, ZIP This designation of agency form, when properly executed by both the contractor and the governmental entity, shall serve as evidence of the sales tax exempt status that has been conferred onto the contractor. necessary to claim exemption from sales taxes. No other exemption certificate form is ~ ~#, PORT OP NEW ORLEANS December 14, 2007 Mr. Patrick R. Russo, Vice President Hi-Tech Electric, Inc dba HTE Contractors 22189 M C H Road Mandeville, Louisiana 70095 RE: UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATIONS SYSTEM REO. 046129 W.O. NO 1-845 NOTICE OF AWARD Dear Mr. Russo: I am pleased to advise you that the Board of Commissioners of the Port of New Orleans has accepted your Lump Sum Bids and the summation thereof in the amount of $627,490.00 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 Managerofthe foregoing, please contact Mr. Joseph Fritz, the Board's Staff Attorney, at 528-3226 forthe purpose of signing the contract. You are requested to advise this Board promptly of the number of complete sets of BOARD OF COMMISSIONERS Post Office Box 60046. OF THE PORT OF NEW ORLEANS New Orleans, Louisiana 70160 • Tel: 504 522-2551 • Fax: 504524-4156 Mr. Russo December 14,2007 Page 2 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. Sincerely, '\--~---J c WJM/bgh cc Ms. Carol Balthazar Riverworks 201 St Charles Ave, Suite 2570 New Orleans, Louisiana 70170 Mr. Wayne Peterson Schrenk and Peterson Consulting Engineers 4141 Bienville Street New Orleans, Louisiana 70119 Mr. Tony Marinello New Orleans Public Belt Railroad 4822 Tchoupitoulas Street New Orleans, Louisiana 70115 C:\Documents and Settings\PORTOFNO_USER\My Documents\Notofaward\046129 BOARD OF COMMISSIONERS Post Office Box 60046. HTE 12-14-07.wpd OF THE PORT OF NEW ORLEANS New Orleans, Louisiana 70160 • Tel: 504522-2551 • Fax: 504 524-4156 CONTRACT FOR MATERIAL AND LABOR FOR THE CONSTRUCTION OF UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM This Agreement, 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 HI-TECH ELECTRIC, INC dba HTE CONTRACTORS 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 UPPER MISSISSIPPI RIVER TERMINALS WIRELESS COMMUNICATION SYSTEM 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: REQ 046129 I (a) The Notice of Award dated the 14TH day of December 2007, 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 1 st day of November 2007, are hereto annexed and made a part of this agreement as fully as if written herein at length and are marked for identification “Upper Mississippi River Terminals Wireless Communication System.” (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 28th day of November 2007 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. 046129 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 OF THE WITNESSES: GE, PRESIDENT CUTIVE OFFICER HI-TECH ELECTRIC, INC dba HTE CONTRACTORS WITNESSES: B~' ::>__ VICE PRESIDENT DATE: REQ NO. 046129 ACKNOWLEDGMENTS STATE OF LOUISIANA PARISH OF ORLEANS On this day of , 2007, 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 President and Chief 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 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. NOTARY PUBLIC I )j' J STATE •••. PARISH OF OFLOUISIANA ORLEANS On this Z-day , 20C/t, before me personally came and appeared Patrick R. Russo to me known; who, being duly worn, did depose and say that he is Vice President for Hi-Tech Electric, Inc., dba HTE Contractors, described in and which executed the foregoing contract; and that he signed his name thereto pursuant to authority granted to him by Hi-Tech Electric, Inc., dba HTE Contractors; and that said instrument is the full and free act and deed of Hi-Tech Electric, Inc., dba HTE Contractors. And the said did further produce to me sufficient proof that he is Vice President and that he was dully authorized by Hi-Tech Electric, Inc., dba HTE Contractors, to execute the foregoing instrument, and I, the Notary Public, hereby certify that the signature of said Patrick R. Russo is authentic. REQ NO. 046129 Fidelity and Deposit Company of Maryland Colonial American Casualty and Surety Company Home Office: P.O. Box 1227, Baltimore, MD 21203~1221 Bond No. PRF8898064 Performance Bond Arry singular reference to Contractor, Surety, Owner or other party shall be considered pluml where applicable. CONTRACTOR (Name and Address): Hi-Tech Electric, Inc. dba HTE Contractors 22189 MCH Road Mandeville, LA 70471 SURETY: [!] Fidelity and Deposit Company ofMaIyland D Colonial American Casualty and Surety Company P.O. Box 1227 Baltimore, Mmyland 21203 OWNER (Name and Address): Board of Commissioners of the Port of New Orleans 1350 Port of New Orleans Place New Orleans, LA 70160 CONSTRUCTION CONTRACT Date: J./I D-/D<g Amount: Six Hundred Twenty-Seven Thousand Four Hundred Ninety And No/I00ths---Dollars, ($627,490.00) Description (Name and Location): Upper Mississippi River Terminals Wireless Communication System, New Orleans, Louisiana, BOND Date (Not earlier than Construction Contract Date): 0211 bl{JD g Amount: Six Hundred Twenty-Seven Thousand Four Hundred Ninety And No/I00ths----Dollars, ($627,490.00) o See Page 3 ~ None Modifications to this Bond: CONTRACTOR AS PRINCIPAL SURE1Y COmp2.ny:.~i-Tech Electric, Inc. dba HTE Contractors Company: [X] Fidelity and Deposit Company ofM3IYland D Colonial American C~ty and Surety Company Colp017lteSea] b-:-::~=~Ti~~;C~ _ .__ .i-~~ I'. ? 1,..D",~~ II f',,1.,t:J./<-Jj .• P Signature: Name and Title: ·(~w additiQi1;\jsignatures appear on page 3) '-" (F01UNFORMAT/ON ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (AIchitect, Engineer or other party): Mullis Newby Hurst, LP Schrenk and Peterson Consulting Engineers 5057 Keller Springs Road, Suite 400 4141 Bienville Street Addison, TX 75001 New Orleans, LA 70119 972-201-0100 ~ Printed in cooperation with the American Institute of Architects (AlA) by Fidelity and Deposit Company of Maryland and Colonial American Casuahy and Surety Company. Fidelity and Deposit Company of Maryland and ColoniaJ American Casualty and Surety Con1>any vouch that the language in the document conforms exactly to the language used in AlA Document A-312, December 1984 Edition. PFlF760001J(0601c I 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 perfonns 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. L 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 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 ContrdCtorDefault 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 Ownets 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 Sub-paragmph 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 perlOnn 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, 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 pertorm and complete the Construction Contract, or 4.2 Undertake topeIform and complete the Coru.1ruction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals ftom qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contmct, 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 circwnst.anccs: .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 linbility in whole or in part and notitY the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shaJl 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 Contractors right to complete the Const.mction 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 sul:!jectto 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 wolk and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting ITomthe 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 UTlTe1ated to the Construction Contract. and the Balance of the ContractPnce 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 subcontractors, purchase oIders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jwisdiction in the location in which the wolk or part of the wolk is located and shall be instituted VI-'ithin two years after Contmctor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perfonn 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 available to sureties as a defense in the jurisdiction Printed in cooperation with the American Institute of Architects (AlA) by Fidelity and Deposit Cumpany of Maryland and Colonial American Casualty and Surety Comp'lllY. Fidelity and Dt.'Posit Comp'lllY of Maryland 'IIld Colonial American Casualty and Surety Comp'lllY vouch that the language in the document conforms exactly to the language used in AlA Document A-312, December t984 Edition. 2 shall be applicable. 10 Notice 10 the Surety, the Owner or the Contractor shall be majled or delivered to the address shown on the signature JXtge. II 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 confonning 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, inc1uding allowance to the Contractor of any axnounts received or to be received by the MODIFICATIONS 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 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 perfonn or otherwise to comply with the terms of the Construction Contract 12.4 Owner Defanlt: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other terms thereof. TO TIllS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, otrer than tbose appearing on the cover page.} CON1RACTOR Company: Signature: ~ SURErY: AS PRINCIPAL (Corporate Seal) _ Company: (Corporate Seal) Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of Afchitects (AIA) by Fidelity and Deposit C.ompany of Maryland and Colonia! American Casualty and surety Company. Fidelity and Deposit Company of Maryland and C<>lonial American Casualty and Surety Company vouch that the language in the document confOTm$ exactly to the language used in AlA Document A-312, December J984 Edition, _ 3 Fidelity and Deposit Company of Maryland Colonial American Casualty and Surety Company Home Office: P.O. Box 1221, Baltimore, MD 21203~1227 BondNo. PRF8898064 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hi-Tech Electric, Inc. dba HTE Contractors 22189 MCH Road Mandeville, LA 70471 SURETY: 00 o Fidelity and Deposit Company of MatyJand Colonial American Casualty and Surety Company P.O. Box 1227 Baltimore, MaIyland 21203 OWNER (Name and Address): Board of Commissioners of the Port of New Orleans 1350 Port of New Orleans Place New Orleans, LA 70160 CONSTRU<;:1}ONCONTRACT Date: d.{Six /(j)IIundred Dg Amount: Twenty-Seven Thousand Four Hundred Ninety And No/I00ths----Dollars, ($627,490.00) Description (Name and Location): Upper Mississippi River Terminals Wireless Communication System, New Orleans, Louisiana, I Date (Not earlier than Construction Contract Date): .12. 1:;'/0 <3 J BOND Amount: Six Hundred Twenty-Seven Thousand Four Hundred Ninety And No/I00ths----Dollars, ($627,490.00) !!J None See Page 3 Modifications to this Bond: 0 CO~'0-bT01.t - -- /' .. AS PRINClP AL ~_:..). Qj~~Y~.!!ije~h SURETY Electric, Inc. dba HTE Contractors ::.t:;.,: :. ".-:-::-f~/~~ /'.- , Company:[j] Corporate Seal "'S~~ture~ ~ N~l~.@~·ntl .Thirick R~RUSSD/ V P. Fidelity and Deposit Company of Maryland D Colonial/J--. American Casua1?'1fld Corporate Surety Company Seal /I Signature: () Name and Title: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name. Address and Telephone) AGENT or BROKER: Mullis Newby Hurst, LP 5057 Keller Springs Road, Suite 400 Addison, TX 75001 972-201-0100 OWNER'S REPRESENTATIVE (Architect, Engineer or' other party): Schrenk and Peterson Consulting Engineers 4141 Bienville Street New Orleans, LA 70119 '--trinted in cooper8tioo with The American Institute of Architects (AlA) by Fidelity and Depusit Cumpany of Maryland and Colonial American Casualty and Swety Company. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company vouch that the language in the document conforms exactly to the language used in AlA Document A-312, December 1984 EDmON. PAY76000TXOSOlc I The Contractor and the Smety, jointly and severally, bind themsel yes, their heirs, executors, administmtors, successor and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the ConsIIUction Contract, which is incoIpOrated herein by reference. 2 With ~t to the Owner, this obligation void if the Contractor: 2.1 Promptly makes payment, sums due Claimants, and directly shall be null and or indirectly, for all 2.2 Defends, indemnifies and holds hannless the Owner trom claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for 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 pamgraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, 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 Bond until: to Claimants under this 4.1 Claimants Who are employed by or have a direct contract with the Contractor have given notice to the Smety (at the address described in Paragraph 12) and sent II copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and, wifu substantial accuracy, the amount of the claim. 4.2 Claimants Contractor: Who do not have a direct contract with the . I 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 Ole materials were furnished or supplied or for whom the labor was done or perfonn~ and .2 Have either received Iirejection in Whole or in part from from 1.b.eContractor, or not received wifuin 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 addrcss described in Paragmph 12) and sent a copy, or notice 1.b.ereol: to 1.b.eOwner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Ole Contractor. 5 If a notice required by Paragmph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant bas satisfied the conditions ofParagIaph 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. 6.2 Payor arrange fOTpayment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the am01mt of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Smety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for 1.b.epetformance 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 Ole Owner's priority to use the funds for the completion of the wolk. 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 expenses of 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. II 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 c.xpiration ()f one year from the date (1) on which the Claimant gave Ole 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 Jm.1 materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) fJrst OOOJTS. If the provisions of this Paragraph are void or prolnoited by law, Ole 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 Smety, 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 01.b.er 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 hcrefrom 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. Printed in cooperation with The American Institute of Architects (AlA) by Fidelity and Deposit Company of Maryland and Colonial Americ<m Casualty and Surety Company. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company vouch that the language in the document conforms exactly to the language used in AlA Document A-312, December 1984 EDmON. 2 14 Upon request by any person or entity appearing to be a potential beneficiaJy of this Bond, the ConbBctor shall promptly fUrnish a copy of this Bond or shall pennit a copy to be made. 15 DEFINITIONS 15.1 Claimant An individual or entity having a direct contract with the Contmctor or with 8 subcontmctor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contmct. The intent of this Bond shall be to include without limitation in the ter.ms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Const:ruction Contmct, architectural and engineering services MODmCATlONS required for performance of the WOtX of the Contmctor and the ConbBctor'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 fumisbed.. 15.2 ConstIUction Contract The agreement between the Owner and the Contmctor identified on the signature page, including all Contmct Documents and changes thereto. 15.3 Owner Default Failure oftbe Owner, which bas neither been remedied nor waived. to pay the Contmctor as required by the ConstnIction Contmct or to perform and complete or comply with the other terms thereof TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CON1RACTOR AS PRINCIPAL SURETY: Company: Signature: Name and Title: Address: (Corporate Seal) _ Company: (Corporate Seal) Signature: Name and Title: Address: ---------------------------------------------.------- Printed in cooperation with The American Institute of Architects (AlA) by Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company voucb that the language in the document conforms exactly to the language used in AlA Document A-312, December 1984 EDmON. _ 3 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the theBs COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of aryland, by WILLIAM <6"ta t . ranted by Article VI, J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pUffln~ ~5 an ~~reby certified to be in Section 2, of the By-Laws of said Companies, which are set forth on the.-r.$Y~~ William NEWBY, Robert Donald HURST, Pa .. T I nd WATSON, Carolyn J. GOODENOUGH, Julie P. STORM s v an Y, all of Addison, Texas, EACH its true t 31Wl-aPPO· '" ~LIS, JR., John full force and effect on the date hereof, does hereby nomina 0 ~~/i;; deed: any and all '" and lawful agent an~Attorn -i~~~~~ ! ~~f ),~onds on behalf of Independent Executors, Community rs.~e ·ver, for, and on its behalf as surety, and as its act and ex ~l m~Me's', as fully and amply, to all intents and purposes, as if they had been duly executed shall be as binding u Survivors and Co b _y U~~delected officersexecution of such at bonds or undertakings of own these proper presents, and acknowledged gularly of the Company its office in Baltimore,in pursuance Md., in their persons. This power of attorney revokes that issued on behalf of Sammy Joe MULLIS, JR., John William NEWBY, Robert Donald HURST, Patricia Lee BARTLETT, Wilbert Raymond WATSON, Carolyn J. GOODENOUGH, Julie P. STORM, Troy Russell KEY, Sandra Lee RONEY, dated May 4, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of September, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Gerald F. Haley City of State of Baltimore Maryland Assistant Secretary William J. Mills Vice President } 55.. On this 24th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY written. WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 168-0016A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "---../ "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages, ...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages, ...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Direcjors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced reproduced signature of any Vice-President, Secretary, or Assistant hereafter, wherever appearing upon a certified copy of any power binding upon the Company with the same force and effect as though seal of the company and facsimile or mechanically Secretary of the Company, whether made heretofore or of attorney issued by the Company, shall be valid and manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this / :L day of FebrUtL-irvf J Assistant Secretary