MASSACHUSETTS PORT AUTHORITY

Transcription

1 M569 S1 RTG Engine, Drive and Generator Retrofit MASSACHUSETTS PORT AUTHORITY Request for Information For MPA CONTRACT NO. M569-S1 RTG Engine, Drive and Generator Retrofit Conley Container Terminal, South Boston, Massachusetts MASSPORT CAPITAL PROGRAMS & ENVIRONMENTAL AFFAIRS DEPARTMENT February, Operating Boston Logan International Airport Port of Boston general cargo and passenger terminals Hanscom Field Boston Fish Pier Commonwealth Pier (site of World Trade Center Boston)

2 M569 S1 RTG Engine, Drive and Generator Retrofit TABLE OF CONTENTS 1 BACKGROUND/SCOPE OF WORK SUBMISSION PROCESS and SCHEDULE REQUIREMENTS AND FORMAT OF THE SUBMITTAL... 5 Section 1 Cover Letter 5 Section 2 Summary of Qualifications, Credentials and Recent Relevant Experience 5 Section 3 List of References 5 Section 4 Company Overview 5 Section 5 Project Approach 6 4 EVALUATION CRITERIA PUBLIC RECORDS REQUIREMENT... 7 Attachments: - Division IIC Federal Regulations - Division IIC, Appendix I - Division IIC, Appendix II 2

3 M569 S1 RTG Engine, Drive and Generator Retrofit 1 BACKGROUND/SCOPE OF WORK The MASSACHUSETTS PORT AUTHORITY (Massport) is soliciting a Request for Information for MPA Contract No. M569-S1, RTG Engine, Drive and Generator Retrofit at Massport s Conley Container Terminal in South Boston, MA. The five RTGs were manufactured by Konecranes and came into service in They have run approximately 28,000 hours each (an average of 67 hours per week). They are utilized in two separate operations at the Conley Container Terminal unloading ships and loading drayage trucks. The present Tier 3 engines do not have any fuel saving technologies installed on them. They run continuously at high RPM during container moving operations even though there are frequently periods of waiting involved between container moves. The current fleet of RTGs is an integral part of Massport s operations at Conley Container Terminal and is significant source of noise and diesel emissions which are important issues to the surrounding neighborhood. The proposed Project will aim to achieve a significant reduction in noise and diesel emissions by providing the following upgrades to the RTGs: Replace Tier 3 engine-generator set with EPA Tier 4 certified generator set. Upgrade the electrical room to accommodate Tier 4 generator set system and associated controls. Tier 4 generator set shall be outfitted with a fuel saving system that reduces the engine idle speed during down time between container moves; and this system shall reduce the fuel consumption at least 15% over standard genset configurations. Upgrade the RTG drive and control systems to be compatible with the new Konecranes DynAC/DynaHoist Vector II (D2V) drive technology and the Siemens S7-300 PLC system with Ethernet and Profibus DP network. The control system should be powered by a Proface operator s display and a Crane Monitoring System (CMS) for diagnostic and reporting. The drive and control systems should use independent inverters for hoist and gantry. Thus enabling operation of the hoist and gantry simultaneously and without time delays. Provide locking pins control system and Bogie cameras control system. Provide 3G modem for remote services. GPS auto steering system will be upgraded and integrated to the new crane control system and to CMS. Provide remote communication device for TRUCONNECT. Remove the old ACM inverters and braking resistors. Provide new ACM inverters and braking resistor set connected to the new common DC bus, installed outside electrical room on top of the electrical room roof. Replace the existing cable chain and cables. New cables may be added. All cables and terminal boxes required for integration of new equipment to existing RTG cranes will be added or changed. Provide a 12-month warranty for all equipment, materials and installation work from the date of completion of works under the contract. The commencement date or the warranty is the date of final acceptance. 3

4 M569 S1 RTG Engine, Drive and Generator Retrofit The Authority is seeking a qualified and dependable Vendor with proven experiences and capabilities to retrofit the RTGs with equipment and systems as described above; and to fully test and commission the new equipment and systems on the RTGs. The Authority has secured Federal grants for this Project. The Vendor will be required to comply with all applicable Federal Regulations. Refer to Massport Division IIC and Division IIC Appendices in the Attachment for details of the requirements. 2 SUBMISSION PROCESS and SCHEDULE The Request for Information is being used to solicit qualifications for a vendor for the above described work in Massport s Conley Container Terminal. The Authority reserves the right to utilize any information submitted, with the consent of the proposer, to enter into any agreement in connection with this RFI, all as the Authority in its sole discretion may decide is in its best interest. Massport is utilizing the RFI process to shortlist qualified vendors who are capable of implementing the scope of work described herein. Massport will identify a Selection Committee for the purpose of reviewing and evaluating submittals received in response to an RFI. Upon receipt of the Qualification Statements submitted in response to this RFI, a copy of each submittal shall be delivered to each member of the Selection Committee who will be responsible for reviewing the documents independently. Then, the Selection Committee will meet to discuss each submittal and will then vote to create a shortlist. The short-listed vendors may then be invited to submit written proposals and/or invited to provide oral presentations or demonstrations to the Authority. Ten (10) bound copies of the response to the RFI, should be submitted to the following contact no later than 12:00 NOON (local time) on Thursday, March 9, 2017: Mr. Houssam H. Sleiman, PE, CCM Director of Capital Programs and Environmental Affairs Massachusetts Port Authority Capital Programs Department Logan Office Center One Harborside Drive Suite 209S East Boston, MA Responses to the RFI are limited to a maximum of ten (10) 8 ½ x 11 sheets of double-sided paper for a total of twenty (20) pages, exclusive of covers, dividers, and resumes. All 20 pages must be numbered sequentially and shall include the cover letter. Any submittal which exceeds the page limit, or is not received in the Capital Programs Department by the deadline, shall be rejected as non-responsive. Additional details about the format and content of Submissions is provided in Section 3 below. Firms responding to the RFI are responsible for their costs associated with the development and 4

5 M569 S1 RTG Engine, Drive and Generator Retrofit submission of a response, including any follow-on interview, oral presentation, and product demonstrations, as requested by the Authority. Questions regarding the RFI may be sent via to CPBidQuestions@massport.com. 3 REQUIREMENTS AND FORMAT OF THE SUBMITTAL Submissions in response to this RFI shall be organized and presented as outlined below. Section 1 Cover Letter Part 1 of the Submission shall consist of a cover letter signed by an individual authorized to contractually bind the Respondent. It shall include, at a minimum, the following: Clearly state the name of the RFI (RFI for RTG Engine, Drive and Generator Retrofit) and the contract number (M569-S1) for the solicitation. Concisely summarize the content of the Submission and establish why your firm is the best qualified to undertake this project and that you will meet the Authority s criteria; and Include the name, title, address, telephone number(s) and address of one or more individuals who are the lead contact on this submission and are authorized to sign a contract. Section 2 Summary of Qualifications, Credentials and Recent Relevant Experience Provide an overview of your proposed team for this project. Resumes for key individuals, including Project Managers and staff members who may be proposed for this assignment, should be included. Any teaming partners or sub-contractors shall be clearly identified, including a description of experience working together on past projects. Resumes are not included in the maximum page count and need not be numbered. Provide an organization chart illustrating how your team will be structured and indicating the overall organization and reporting structure of all personnel that will be required to meet the objectives of this assignment. Describe recent relevant experience in dealing with this type of RTG retrofitting work. The descriptions shall include a summary of each project, the scope of work performed, the projects schedule and budget, and any unusual or unique aspects of the project. Section 3 List of References References for up to three of the projects listed above in Section 2, and indicate the project, the client name, client address, contact person s name, current address and current telephone number, and role of the contact in the provided work shall be provided. Respondents may submit Massport contacts as references, if applicable. Section 4 Company Overview Provide an overview of your company including ownership, date founded, organization chart, special classifications (e.g. MBE, WBE, DBE, etc.), locations, and number and location of 5

6 M569 S1 RTG Engine, Drive and Generator Retrofit employees by job category. Note if the firm has obtained ISO 9001 or a similar certification as well as the level of commitment to and compliance with Equal Employment, Anti-Discrimination and Affirmative Action requirements. Section 5 Project Approach The Authority is requesting that interested vendors provide the following: 1. Detailed overall approach and pricing quote for the Project; 2. Supporting documents on proposed specific equipment and systems used for the Project; 3. Technical approach and site activities for working on these RTGs in Conley Container Terminal; 4. Scope of supply and scope of delivery; 5. Proposed production, installation and commissioning schedule; 6. Detailed start-up and testing procedures and checklists; 7. Detailed commissioning procedures and documentations; 8. Engineering design and support capabilities; 9. Local service support and availability of spare parts. Summarize the key issues and challenges related to the successful completion of the Project, and why your company is best suited to provide the services. 4 EVALUATION CRITERIA The Selection Committee will evaluate Submissions based upon the Respondents response to the evaluation criteria including a combination of the following factors: 1. Capability and proven experiences to retrofit and install replacement equipment on RTGs; 2. Qualifications, credentials and recent relevant experience on similar projects; 3. Experience, geographic location and availability of the proposed Project Manager(s) and other Key Staff; 4. Ability to provide local service, technical support and availability of spare parts to support continued operations of the RTGs; 5. Financial stability and years of proven experience in working on RTGs (OEM Konecranes); 6. M/W/DBE participation and affirmative action efforts; 7. Estimated cost submitted for this project; and 8. Past performance on Massport projects, if applicable.. The selection shall involve the short-listing of one or more vendors based on an evaluation of the Information received in response to this solicitation. Massport reserves the right to conduct 6

7 M569 S1 RTG Engine, Drive and Generator Retrofit interviews or issue a Request for Proposal if it is deemed necessary or, based on the quality and responsiveness of the submittals, select a vendor or vendors for completion of this Project. The Authority is soliciting this RFI pursuant to a determination that such a process best serves the interest of the Authority and the general public, and not because of any legal requirement to do so. The Authority reserves the right to accept one or more of the submissions, to award the entire project or portions of the project to one or more proposers, to reject any or all submissions, to waive any informality of the submission or the submission forms, or to modify or amend any submission with the consent of the proposer, all as the Authority in its sole judgment may deem to be in its best interest. 5 PUBLIC RECORDS REQUIREMENT Massport shall seek to hold all information in confidence, to the extent consistent with applicable law. Respondents are advised, however, that pursuant to M.G.L. c. 66, all materials received by Massport which fall within the definition of public record as set forth in M.G.L. c. 4, 7, cl.(26), shall be disclosed by Massport upon request. ATTACHMENTS: Division IIC Federal Regulations Division IIC Appendix I Division IIC Appendix II (Form FHWA 1273) 7

8 MASSACHUSETTS PORT AUTHORITY BOSTON, MASSACHUSETTS DIVISION IIC FEDERAL REGULATIONS MPA M569-S1 II-C1

9 APPLICABLE FEDERAL LAWS AND REGULATIONS By entering into this Contract, Contractor and all sub-contractors, of any tier, assures and certifies, with respect to this Contract, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the Work for this Project. Performance under this Contract shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Contractor and any applicable sub-contractors. The applicable provisions to the Contract include, but are not limited to, the following, which are further detailed, in part, in Division IIC Federal Regulations, Appendices I and II : General Federal Legislation a. Davis-Bacon Act - 40 U.S.C. 3141, et seq., as applicable under 23 U.S.C. 113 b. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. c. Hatch Act - 5 U.S.C. 1501, et seq. d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of U.S.C. 4601, et seq. e. National Historic Preservation Act of Section U.S.C f. Archeological and Historic Preservation Act of U.S.C , et seq. g. Native American Graves Protection and Repatriation Act - 25 U.S.C. 3001, et seq. h. Clean Air Act, P.L , as amended - 42 U.S.C. 7401, et seq. i. Section 404 of the Clean Water Act, as amended - 33 U.S.C j. Section 7 of the Endangered Species Act, P.L , as amended - 16 U.S.C k. Coastal Zone Management Act, P.L , as amended - 16 U.S.C. 1451, et seq. l. Flood Disaster Protection Act of Section 102(a) - 42 U.S.C. 4012a m. Age Discrimination Act of U.S.C. 6101, et seq. n. American Indian Religious Freedom Act, P.L , as amended o. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101, et seq. p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L , as amended - 42 U.S.C. 4541, et seq. q. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd through 290dd-2 r. Architectural Barriers Act of U.S.C. 4151, et seq. s. Power Plant and Industrial Fuel Use Act of 1978, P.L Section U.S.C t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 3701, et seq. u. Copeland Anti-kickback Act, as amended - 18 U.S.C. 874 and 40 U.S.C v. National Environmental Policy Act of U.S.C. 4321, et seq. w. Wild and Scenic Rivers Act, P.L , as amended 16 U.S.C. 1271, et seq. x. Federal Water Pollution Control Act, as amended - 33 U.S.C y. Single Audit Act of U.S.C. 7501, et seq. z. Americans with Disabilities Act of U.S.C , et seq. aa. Title IX of the Education Amendments of 1972, as amended - 20 U.S.C through 1683, and 1685 through 1687 bb. Section 504 of the Rehabilitation Act of 1973, as amended - 29 U.S.C. 794 cc. Title VI of the Civil Rights Act of U.S.C. 2000d et seq. dd. Title IX of the Federal Property and Administrative Services Act of U.S.C. MPA M569-S1 II-C2

10 , 541, et seq. ee. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions 31 U.S.C ff. Freedom of Information Act - 5 U.S.C. 552, as amended gg. Magnuson-Stevens Fishery Conservation and Management Act 16 U.S.C hh. Farmland Protection Policy Act of U.S.C. 4201, et seq. ii. Noise Control Act of U.S.C. 4901, et seq. jj. Fish and Wildlife Coordination Act of U.S.C. 661, et seq. kk. Section 9 of the Rivers and Harbors Act and the General Bridge Act of U.S.C. 401 and 525 ll. Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. 138 mm.comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended --42 U.S.C. 9601, et seq. nn. Safe Drinking Water Act U.S.C. 300f to 300j-26 oo. Wilderness Act U.S.C pp. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of U.S.C. 6901, et seq. qq. Migratory Bird Treaty Act 16 U.S.C. 703, et seq. rr. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L , as amended by section 6202 of Public Law ) ss. Cargo Preference Act of U.S.C Executive Orders a. Executive Order Equal Employment Opportunity b. Executive Order Protection of Wetlands c. Executive Order Floodplain Management d. Executive Order Intergovernmental Review of Federal Programs e. Executive Order Debarment and Suspension f. Executive Order Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations g. Executive Order Improving Access to Services for Persons With Limited English Proficiency General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 C.F.R. Parts 200, 1201 b. Non-procurement Suspension and Debarment 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures - 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates - 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States - 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) - 29 C.F.R. Part 5 MPA M569-S1 II-C3

11 g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) - 41 C.F.R. Parts 60, et seq. h. Contractor Qualifications - 48 C.F.R. Part 9 i. New Restrictions on Lobbying 49 C.F.R. Part 20 j. Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of C.F.R. Part 21 k. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs - 49 C.F.R. Part 24 l. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance - 49 C.F.R. Part 25 m. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance - 49 C.F.R. Part 27 n. DOT s oversight of DOJ s ADA regulations for non-transit programs, including the ADA Accessibility Guidelines, required by the DOJ regulations at 28 C.F.R. Part 35 o. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation 49 C.F.R. Part 28 p. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors - 49 C.F.R. Part 30 q. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) 49 C.F.R. Part 32 r. DOT's implementing ADA regulations for transit, including the ADA Accessibility Guidelines in Part 37, Appendix A - 49 C.F.R. Parts 37 and 38 s. Procedures for Transportation Workplace Drug and Alcohol Testing Programs 49 C.F.R. Part 40 t. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs 49 C.F.R. Part 26 Office of Management and Budget Circulars a. Any applicable OMB Circular based upon the specific FY 2016 TIGER Discretionary Grant Recipient. Highway Federal Legislation a. Highways Title 23, U.S.C. b. Brooks Act (for FHWA projects, this incorporates Title IX of the Federal Property and Administrative Services Act of 1949 (formerly 40 U.S.C. 541, et seq.)) - 40 U.S.C ; 23 U.S.C. 112(b)(2) c. Highway Design and Construction Standards, 23 U.S.C. 109 d. Prevailing Rate of Wage, 23 U.S.C. 113 e. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) MPA M569-S1 II-C4

12 f. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. g. Size, Weight, and Length Limitations - 23 U.S.C. 127, 49 U.S.C et seq. h. Buy America Act 23 U.S.C. 313 (see i. Nondiscrimination 23 U.S.C. 140 j. Efficient Environmental Reviews - 23 U.S.C. 139 Federal Highway Regulations a. Planning 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards 23 C.F.R. Part 625 c. Manual on Uniform Traffic Control Devices 23 C.F.R. Part 655 d. Environmental Impact and Related Procedures 23 C.F.R. Part 771 e. Procedures for Abatement of Highway Traffic and Construction Noise C.F.R. Part 772 f. Procedures Implementing Section 4(f) of the Department of Transportation Act 23 C.F.R. Part 774 g. Permitting Requirements under the National Pollutant Discharge Elimination System 40 C.F.R. Part 122 h. Required Contract Provisions 23. C.F.R. Part 633 (Form 1273) i. External Programs 23 C.F.R. Part 230. Specific assurances required to be included in the FASTLANE Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into the Contract. - END OF DIVISION IIC MPA M569-S1 II-C5

13 MASSACHUSETTS PORT AUTHORITY BOSTON, MASSACHUSETTS DIVISION IIC APPENDIX I FEDERAL REGULATIONS MPA M569-S1 IIC APPENDIX I - 1

14 TABLE OF CONTENTS DIVISION IIC APPENDIX I FEDERAL REGULATIONS Chapter Article Subject Page I. FEDERAL REGULATIONS A. Civil Rights Title VI Assurances... IIC-APPENDIX I-3 B. Civil Rights - General... IIC-APPENDIX I-6 C. Access to Records and Reports... IIC-APPENDIX I-6 D. Breach of Contract Terms... IIC-APPENDIX I-6 E. Disadvantaged Business Enterprise... IIC-APPENDIX I-7 F. Trade Restriction Certification... IIC-APPENDIX I-7 G. Debarment and Suspension... IIC-APPENDIX I-8 H. Veteran s Preference... IIC-APPENDIX I-9 I. Termination of Contract... IIC-APPENDIX I-9 J. Clean Air and Water Pollution Control... IIC-APPENDIX I-10 K. Davis Bacon Requirements... IIC-APPENDIX I-10 L. Contract Work Hours and Safety Standards Act Requirements... IIC-APPENDIX I-17 M. Equal Employment Opportunity... IIC-APPENDIX I-18 N. Notices to be Posted for Paragraphs (1) and (3) of the EEO Clause.....IIC-APPENDIX I-18 O. Affirmative Action Requirement... IIC-APPENDIX I-19 P. Prohibition of Segregated Facilities IIC-APPENDIX I-20 Q. Buy American Preference... IIC-APPENDIX I-21 R. Energy Conservation Requirements... IIC-APPENDIX I-22 S. Lobbying and Influencing Federal Employees... IIC-APPENDIX I-22 T. Copeland Anti-Kickback Act IIC-APPENDIX I-23 U. Distracted Driving... IIC-APPENDIX I-23 V. Federal Fair Labor Standards Act (Federal Minimum Wage)..... IIC-APPENDIX I-24 W. Occupational Safety and Health Act of IIC-APPENDIX I-24 X. Federal Wage Rates... IIC-APPENDIX I-24 Y. Procurement of Recovered Materials....IIC-APPENDIX I-24 Z. Seismic Safety.... IIC-APPENDIX I-25 ATTACHMENT A. Certificate of Buy American Compliance for Total Facility... IIC-APPENDIX I-26 ATTACHMENT B. Certificate of Buy American Compliance for MPA M569-S1 IIC APPENDIX I - 2

15 Manufactured Products... IIC-APPENDIX I-28 MPA M569-S1 IIC APPENDIX I - 3

16 FEDERAL REGULATIONS I. In the performance of the work of this Contract, the Contractor and subcontractors shall be governed by the attached Federal Regulations. Where provisions Sponsor s (or Recipient s) name in the various subparagraphs of these regulations occur, insert the following: Sponsor or Recipient... Massachusetts Port Authority Wherever these regulations refer to Federal Aid projects, it will be taken to mean the FASTLANE Grant issued to the Massachusetts Port Authority by the United States of America, represented by the U.S. Department of Transportation Maritime Administration ( MARAD or Government ) under the Nationally Significant Freight and Highway Projects (NSFHP) Program as described in the Notice of Funding Opportunity for the Department of Transportation s Nationally Significant Freight and Highway Projects (FASTLANE Grants) for Fiscal Year 2016, 81 FR (March 2, 2016)(the NOFO ).. A. CIVIL RIGHTS TITLE VI ASSURANCES 49 U.S.C , DOT Order A I. Title VI Clauses for Compliance with Nondiscrimination Requirements: During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. MPA M569-S1 IIC APPENDIX I - 4

17 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the MARAD to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the MARAD, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non-discrimination provisions of this Contract, the Sponsor shall impose such Contract sanctions as it or the MARAD may determine to be appropriate, including, but not limited to a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancelling, terminating, or suspending a Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of Paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or MARAD may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. II. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor ) agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); CFR Part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation Effectuation of Title VI of The Civil Rights Act of 1964); MPA M569-S1 IIC APPENDIX I - 5

18 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987, (PL ), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C ) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38; 9. The Federal Aviation Administration s Non-discrimination statute (49 U.S.C ) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C et seq.). MPA M569-S1 IIC APPENDIX I - 6

19 13. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discribminiation on the basis of sex). III. The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. B. CIVIL RIGHTS GENERAL 49 U.S.C The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and sub-tier Contractors from the bid solicitation period through the completion of the Contract. This provision is in addition to that required under Title VI of the Civil Rights Act of C. ACCESS TO RECORDS AND REPORTS 2 CFR , 2 CFR ) The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, MARAD, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor agrees to maintain all books, records and reports required under this Contract for a period of not less than three (3) years after final payment is made and all pending matters are closed. D. BREACH OF CONTRACT TERMS FOR ALL CONTRACTS THAT EXCEED $150, CFR 200 Appendix II(A) Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract. Sponsor will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. Sponsor reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Sponsor elects to terminate the Contract. The Sponsor s notice will identify a specific date by which the Contractor must correct the breach. Sponsor may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in Sponsor s notice. MPA M569-S1 IIC APPENDIX I - 7

20 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. E. DISADVANTAGED BUSINESS ENTERPRISE - 49 CFR PART 26 See Division IIA, Sections II and VI of this Contract for these provisions. Contractor and subcontractors attention is directed to the following provisions: 1. Contract Assurance (49 CFR 26.13): The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the Sponsor deems appropriate. 2. Prompt Payment (49 CFR 26.29): The Prime Contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Prime Contractor receives from the Sponsor. The Prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-dbe subcontractors. F. TRADE RESTRICTION CERTIFICATION 49 USC 50104, 49 CFR PART 30 By submission of an offer, the Offeror/Bidder certifies that with respect to this solicitation and any resultant Contract, the Offeror/Bidder: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any Contract or subcontract for this Project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c.. has not entered into any subcontract for any product to be used on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section The Bidder/Contractor must provide immediate written notice to the Sponsor if the Bidder/Contractor learns that its certification or that of a subcontractor was erroneous when MPA M569-S1 IIC APPENDIX I - 8

21 submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CRF 30.17, no Contract shall be awarded to a Bidder or subcontractor: a. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or b. whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or c. Who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Bidder agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R., unless the Bidder has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. It if is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, MARAD may direct through the Sponsor cancellation of the Contract or subcontract for default at no cost to the Sponsor or MARAD. G. DEBARMENT AND SUSPENSION FOR ALL CONTRACTS AND SUBCONTRACTS THAT EXCEED $25, CFR Part 180 (Subpart C), 2 CFR Part 1200, DOT Order Bidder of Offerer Certification 1. Certification of Offerer/Bidder Regarding Debarment: By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Lower Tier Contract Certification MPA M569-S1 IIC APPENDIX I - 9

22 2. Certification of Lower Tier Contractors Regarding Debarment: The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction, must verify each lower tier participant of a covered transaction under the project is not presently debarred or otherwise disqualified from participation in this Federally assisted project. The successful bidder will accomplish this by: (a) Checking the System for Award Management at website: (b) (c) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. Inserting a clause or condition in the covered transaction with the lower tier contract. 3. If MARAD later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, MARAD may pursue any available remedies, including suspension and debarment of the non-compliant participant. H. VETERAN'S PREFERENCE TITLE 49 U.S.C (c) In the employment of labor (excluding executive, administrative and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. I. TERMINATION OF CONTRACT FOR ALL CONTRACTS AND SUBCONTRACTS THAT EXCEED $10, CFR 200 Appendix II(B), FAA Advisory Circular 150/ , Section Termination for Convenience The Sponsor may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Sponsor. Upon receipt of a written notice of termination, except as explicitly directed by the Sponsor, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: a. Contractor must immediately discontinue work as specified in the written notice.. MPA M569-S1 IIC APPENDIX I - 10

23 b. Terminate all subcontracts to the extent they relate to the work terminated under the notice. c. Discontinue orders for materials and services except as directed by the written notice. d. Deliver to the Sponsor all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. e. Complete performance of the work not terminated by the notice 2. Termination for Default Section of FAA Advisory Circular 150/ establishes conditions, rights and remedies associated with Sponsor termination of this Contract due to default of the Contractor. J. CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS FOR ALL CONSTRUCTION CONTRACTS AND SUBCONTRACTS EXCEEDING $150, CFR 200, Appendix II(G) Contractors and subcontractors agree..... to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act, as amended (33 U.S.C The Contractor agrees to report any violation to the Sponsor immediately upon discovery. The Sponsor assumes responsibility for notifying the Environmental Protection Agency (EPA) and MARAD. Contractor must include this requirement in all subcontracts that exceeds $150,000. K. DAVIS BACON REQUIREMENTS FOR ALL CONSTRUCTION CONTRACTS AND SUBCONTRACTS THAT EXCEED $2, CFR 200 Appendix II(D), 29 CFR Part 5 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the Work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. MPA M569-S1 IIC APPENDIX I - 11

24 Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 1.(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify or disapprove every MPA M569-S1 IIC APPENDIX I - 12

25 additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (C) (D) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) (iv) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. MARAD or the Sponsor shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the Contract, MARAD bmay, after written notice to the Contractor, Sponsor, applicant, or MPA M569-S1 IIC APPENDIX I - 13