RFP_New_Tug_Rev_17R0050.pdf

DTSL5517R0050

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The line items in this solicitation package are organized by three separate groups (A, B, & C).

Group A workscope consists of engineering, tug construction and long lead time equipment procurements that will comprise the first phase of the project.

The workscope consists of conducting all necessary production level engineering for this project. This includes submission of all required plans and documentation to Class and Regulatory bodies (including all fees) and obtaining required approvals of such submissions. This engineering effort also includes submission to the Saint

Lawrence Seaway Development Corporation (SLSDC) required production engineering products such as production level plans, engineering calculations/analyses, purchase orders, etc. for review and approval by the

SLSDC for all items included in Groups A, B and C. Spare parts as described in Sections 155, 335.6, 365.6, 405.1, 510.5, 525.8, and 530.9 of the TundRA3600 specifications are to be included in their respective line items in Groups A, B and C.

IMPORTANT NOTE: This engineering effort includes all engineering necessary (structural, mechanical, electrical, etc.). These engineering products become the property of the SLSDC, for the sole purpose of acquiring one vessel to this design. For the purposes of this specification, “approval” of submittals means that the SLSDC has reviewed them for completeness and for general conformance to the design concepts and specification requirements. “Approval” of any submittal does not relieve the Contractor from responsibility for proper workmanship, material conformance, dimensional accuracy and design adequacy. The Contractor retains sole responsibility for dimensional accuracy of new fabrications and installations.

The other elements of Group A are for providing all labor, materials, tools, equipment, and services necessary to build the vessel, procure and install Contract Line Item Numbers 0003 a. and b., and for providing the associated deliverables, in full accordance with the contract, plans and specifications including safe storage of items until they are installed in the vessel. All items shall be stored in a secured, sheltered space (preferably a warehouse) that provides a clean, dry and reasonably warm environment. The following components are included in Group A.

Some or all of the items will be awarded in the first phase dependent on funding availability. Upon arrival at the builder’s facility, the components on hand will be inspected by the SLSDC and title transferred over to them in order to receive final equipment purchase payment.

PHASE I/GROUP A

CLIN Description Unit Amount Unit Price Total

0001 Submission of Required Plans and Documentations. This CLIN includes:

a. Mobilization (limited to 1.5% of total pricing for all line items in

Groups A, B, and C)

For

The

Job b.

Production engineering to include preparation of all drawings and plans required by

ABS/USCG, and approval of same with all comments satisfactorily resolved c.

Completion of all production plans, calculations, and purchase orders required for construction of vessel, to satisfaction and approval of Owner.

0002 Provide all labor, materials, tools, equipment, and services necessary to build the vessel and for providing the associated deliverables in full accordance with the contract, plans and specifications. This price shall include the installation, commissioning and testing of all

Group A items. Payment for this line item shall be made in accordance with the attached Pay

Milestone Schedule.

0003 Procure and install Contract Line

Item Numbers 003 a. and b. and for providing the associated deliverables in full accordance with the contract, plans and specifications

a. Engines, Silencers & SCR’s and related components normally included in such a package

For The Job $_____________

b. Z Drives and Shafting and related components normally included in such a package

For The Job $_____________

Group B workscope consists of acquiring all remaining materials and components (that were not already procured under Group A) and providing all labor, materials, tools, equipment, and services necessary to install, commission, and test these items including the associated deliverables, in full accordance with the contract, plans and specifications. The only workscope not included in Groups A and B is the actual equipment component purchasing, installations, connections, commissioning and testing of the equipment items identified in Group C.

IMPORTANT NOTE: Group B workscope includes installation of all structural (foundations), mechanical and electrical (power, control, monitoring, alarms, etc.) components necessary to support the installation and connections of all Group C optional items, regardless of whether or not the optional equipment items get awarded in this contract. These support component installations shall be run to and stubbed out at the equipment locations.

For the crane as an example, all structural design and installations shall be accomplished to accommodate the crane and its working loads. This will include underdeck reinforcement, thicker deck foundation plate with tapered transition, pedestal foundation with bolting flange, below deck HPU foundation. The hydraulic piping will be routed from the HPU location, through deck penetrations, close to where the connection point to the crane unit will

be. The piping will be descaled and flushed clean per the specifications. The pipe ends are then capped, unless the

Group C item has been awarded for actual equipment installation. All power, control, monitoring, indication and alarm cabling shall be pulled throughout the vessel as necessary to accommodate the final, vessel wide installation, including runs such as HPU remote control cabling to the wheelhouse, etc. Such cabling, which cannot be terminated until the item to be terminated to is awarded in Group C, shall be coiled up at the ends with enough spare cabling to make termination to the Group C equipment component at a future date by the SLSDC.

Plans are to award Group B items in Phase II of the contract by a separate modification, no later than seven months after the Phase I award. The supplies and/or services awarded in Phase II will be dependent on funding availability.

PHASE II/GROUP B

CLIN Description Unit Amount Unit Price Total

0004 Equipment/Machinery

a. Anchoring System For The Job $_____________

b. Bollard, Bitts, Cleats For The Job $_____________

c. Tow & Barge Winches For The Job $_____________

d. Stern Roller For The Job $_____________

e. Shark Jaws For The Job $_____________

f. Fendering For The Job $_____________

g. Oil Recovery Equipment For The Job $_____________

h. Generators For The Job $_____________

i. All Vessel Batteries For The Job $_____________

j. Switchboard/Distribution Panels For The Job $_____________

k. Transformers For The Job $_____________

l. Lighting For The Job $_____________

m. Deck De-Icing System For The Job $_____________

n. All Machinery Pumps For The Job $_____________

o. All Ship’s Service Pumps For The Job $_____________

p. Box Coolers For The Job $_____________

q. Air Compressors/Receivers For The Job $_____________

r. LO Purifier For The Job $_____________

s. O/W Separator For The Job $_____________

t. Sewage Treatment Plant For The Job $_____________

u. Grey Water Evaporator For The Job $_____________

v. Control Consoles For The Job $_____________

w. Bow Thruster R/C For The Job $_____________

x. Alarm/Monitoring System For The Job $_____________

y. Int/Ext Comms Equipment For The Job $_____________

z. Navigation Aids, Signaling

Equipment

For The Job $_____________

aa. Antenna Systems For The Job $_____________

Group C workscope consists of the procurement, installation, making service support connections, commissioning, testing and meeting all other contract requirements related to the incorporation of the individual equipment components/systems listed below. These are optional items. Contract modification(s) will be awarded in either Phase I or Phase II for each item(s) based on funding availability.

GROUP C

CLIN Description Unit Amount Unit Price Total

Option

Workboat

a. Procurement, receipt, inspection

b. Installation, connections, commissioning, and testing

Option

Capstan

a. Procurement, receipt, inspection

Option

Tugger Winch

a. Procurement, receipt, inspection

Option

Crane

a. Procurement, receipt, inspection

Option

FiFi Pump, Gear, Clutch

Monitors

a. Procurement, receipt, inspection

END OF SECTION B

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT

SPECIAL PROVISIONS

For the purposes of this solicitation, the terms “SLSDC”, “Corporation”, “Government”, and “Owner” refer to the Saint Lawrence Seaway Development Corporation.

C.1. DESCRIPTION OF WORK

The Contractor shall perform the detail design and construction of an ice breaking class tug boat at the Contractor's facilities in accordance with the provisions of this contract and all associated and referenced requirements.

C.2. CONTRACT AND REFERENCE DRAWINGS AND SPECIFICATIONS

The contract and contract drawings and specifications have been furnished to the Contractor in an electronic format for the purpose of preparing a proposal. The work shall conform to the contract, and contract drawings and specifications. See list of drawings and specifications under Part III, Section J, List of Attachments.

C.3. WORK SITE REQUIREMENTS

a. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the character, quality and quantity of materials as well as from information presented by the contract and contract drawings and these specifications. If the Contractor fails to properly acquaint himself/herself with the available information, he/she will not be relieved from responsibility for properly estimating the cost of successfully performing the work. The Contractor shall be responsible for performing all work in strict accordance with applicable

Occupational Safety and Health Administration (OSHA) safety and health requirements.

C.4. CONTRACTOR-FURNISHED MATERIALS

General. The Contractor shall furnish all materials and services that are required for the satisfactory completion of this contract. All materials furnished by the Contractor shall be of the type and quality described in these specifications and shall be of sufficient quality to perform the intended purpose.

1) Underwriters Laboratories, Inc. (UL™) Standards. Where items/materials to be supplied are available with

UL™ standard of approval, they shall be provided including Health and Sustainability standards as created through UL™ Environment and the GREENGUARD Environmental Institute (GEI). Where determined that the UL™ standard is in conflict with Paragraph a. below, Paragraph a. shall take precedence over meeting the

UL™ standard.

2) Compliance with Executive Orders. Pursuant to Executive Order 13693, “Planning for Federal Sustainability in the Next Decade”, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and wellbeing of Federal employees and contract service providers. To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

Energy Independence and Security Act of 2007, Energy Policy Act of 2005, Executive Orders and Federal

Acquisition Regulation (FAR) Compliance. The Contractor shall provide ENERGY STAR® qualified and

FEMP designated products in performance of construction. When acquiring energy-using products, the contractor shall purchase ENERGY STAR® or other energy-efficient items listed on the Department of Energy’s Federal

Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list. This applies to any power-consuming equipment to be installed or used in SLSDC facilities, whether title to the equipment will pass to the Government or be retained by the Contractor.

For products that consume power in a standby mode (as listed on FEMP’s Standby Power Devices product listing), the contractor shall -

(1) Purchase items which meet FEMP’s standby power wattage recommendation or document the reason for not purchasing such items; or

(2) If FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, purchase items with the lowest standby wattage practicable.

The requirements of this section do not apply if (1) no compliant product’s utility and performance can meet the contractor’s need or contract specifications, (2) compliance would not be life-cycle cost-effective, or (3) compliant solutions are otherwise not available.

Information is available via the Internet about -

ENERGY STAR® at http://www.energystar.gov/; and

FEMP at http://www.eere.energy.gov/femp/procurement .

The following is a list of construction products for which ENERGY STAR qualified and FEMP designated products are available. It is not all inclusive and is evolving.

− Air Conditioners

− Ballasts

− Boilers

− Chillers

− Doors

− Electric Motors

− Furnaces

− Heat Pumps

− Lamps

− Lighting Controls

− Luminaries

− Plumbing (faucets, showerheads)

− Roofs

− Seals and Insulate

− Windows

a) Use of Products That Have a Lesser or Reduced Effect on Human Health and the Environment. The

Contractor shall use products that have a lesser or reduced effect on human health and the environment over their lifecycle when compared with competing products or services that serve the same purpose. A number of standards and ecolabels are available in the marketplace to assist in making environmentally preferable decisions. For recommendations, consult the Federal Green Construction

Guide for Specifiers at www.wbdg.org/design/greenspec.php.

b) Reuse and Recycling of Materials. The Contractor shall provide salvage and/or recycle materials generated from demolition, construction and/or renovations to the greatest extent practical and feasible in the regional market.

http://www.wbdg.org/design/greenspec.php

c) Eliminate/Minimize the Use of Ozone Depleting Compounds. The Contractor shall eliminate/minimize the use of ozone depleting compounds in the project where alternative environmentally preferable products are available, consistent with either the Montreal Protocol and Title VI of the Clean Air Act Amendments of 1990, or equivalent overall air quality benefits that take into account lifecycle impacts.

d) Use of Low Emitting Materials. The Contractor shall include the use of low emitting materials for building modifications and construction, and maintenance and cleaning when applicable during Contract period. In particular, the following materials and products are to have low pollutant emissions: composite wood products, adhesives, sealants, interior paints and finishes, solvents, carpet systems, janitorial supplies, and furnishings.

C.5. PLANT

The Contractor shall furnish all plant required for the successful completion of the project. The Contractor-furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work. The plant shall be accessible to the Contracting Officer’s Representative (COR) (See Section G) at all times.

C.6. ENVIRONMENT PROTECTION

For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and the enhancement of the natural appearance in its final condition. Environment protection 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. In order to prevent and to provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his/her subcontractors shall identify and comply with all Federal, State, and Local laws and regulations concerning environmental pollution control and abatement. Any non-compliance shall be immediately corrected.

C.7. SAFETY AND HEALTH

1. The Contractor shall comply with the following regulations during performance of this contract:

(a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.);

(b) The Safety and Health Regulations for Ship Repairing (29 CFR 1915); and

(c) Any other applicable Federal, State, and local laws, codes, ordinances, and regulations.

2. Good housekeeping conditions shall be maintained at all times. Adequate aisles and passageways shall be maintained in all work areas. All staging platforms, ramps, stairways, walkways, aisles, and passageways on vessels or dry docks shall be kept clear of all tools, materials, and equipment except that which is in use, and all debris such as welding rod tips, bolts, nuts, and similar material. Hose and electric conductors shall be elevated over or placed under the walkway or working surfaces or covered by adequate crossover planks. While a walkway is being used as a working surface, that portion shall be cordoned off to prevent it from being used as a walkway.

All working areas on vessels and dry docks shall be:

(a) Cleared of tools, materials, and equipment that are not necessary to perform the job in progress;

(b) Cleared of debris, including solid and liquid wastes, at the end of each workshift or job, whichever occurs first;

(c) Maintained, so far as practicable, in a dry condition. When a wet process is used, the employer shall maintain drainage and provide false floors, platforms, mats, or other dry standing places.

C.8. PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with any movement over the public highways of overweight/over-dimensional materials.

TECHNICAL PROVISIONS

C.9. SUBMITTALS

a. General. All submittals shall be furnished in electronic format and any drawings prepared with

AutoCad or another design/drafting program shall be submitted in that format.

b. Offerors. Offerors shall submit the required information with their proposals as described in Section

L:

c. Contractor.

The Contractor shall submit the following within ten (10) weeks of contract award:

• A detailed project schedule showing dates, timelines, tasks percent complete progress, and critical paths for all engineering tasks, materials procurement and delivery, all facets of vessel fabrication and equipment installations, tests and trials, and performance of all other salient features of the work. Updated schedules shall be provided monthly with more frequent updates as work progresses.

• Project-specific health and safety plan outlining how the Contractor will maintain the health and safety of all personnel (Contractor, Corporation and others).

• Quality Control Plan including qualification and certification data for firms and personnel performing quality control activities.

• Welder performance qualification records (required 30 days prior to undertaking any hotwork).

For the purposes of this specification, “approval” of submittals means that the Corporation has reviewed them for completeness and for general conformance to the design concepts. “Approval” of any submittal does not relieve the Contractor from responsibility for proper workmanship, material conformance, dimensional accuracy and design adequacy. The Contractor retains sole responsibility for dimensional accuracy of new fabrications and installations.

The Contractor shall provide a copy of the marked up drawings to the COR upon completion of the project while the Contractor prepares the as-built drawings in an electronic format. The as-built drawings are due no later than

60 days after project acceptance.

C.10. BRAND NAME OR EQUAL

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Corporation’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products based on information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

See Sections 102.2.2 and 115.4 of the attached specifications “TundRA3600” Revision 3 dated 5/1/15 for additional information on equal or alternative products.

C.11. PROTECTION

The Contractor shall maintain a plan of fire prevention, fire detection, and firefighting to protect each vessel module assembly and the assembled vessel prior to delivery. The Contractor shall maintain a plan of flooding prevention, flooding detection, flooding repair and dewatering capability to protect the vessel while it is waterborne and prior to delivery. The Contractor shall provide, for the plant and work in process, reasonable safeguards against all hazards, including unauthorized entry, malicious mischief, theft, vandalism, and fire.

The Contractor shall ensure that the vessel and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions.

C.12. ACCEPTANCE OF THE WORK

After completion of all work contracted for, the COR will examine the work for final acceptance. All equipment/systems shall be tested by the Contractor in the presence of the COR or his designated representative at the Contractor’s facility. If defects are detected, the tests shall be repeated after the defects are corrected.

END OF SECTION C

PART I

SECTION D

PACKAGING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING

The Contractor shall preserve, pack, and package all items in accordance with best established and functioning commercial practices to ensure delivery at destination and to prevent deterioration of items and damages due to the hazards of shipping, handling, and storage. Standard commercial preservation, packing, and packaging, practices shall be employed.

All packages shall be plainly marked on or adjacent to the exterior shipping label to show the contract number, description of contents, and the contractor’s name.

SLSDC Delivery Address:

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

251 Fregoe Road

Massena, New York 13662

D.2. PREPARATION AND CARE OF TUG

The tug shall be prepared for delivery in accordance with Section C, and the Section H clause entitled “Delivery of Completed Tug.”

D.3. SPARE PARTS

All spare parts shall be placed aboard the tug by the Contractor after they have been packaged and marked by the

Contractor in accordance with the contract specifications.

D.4. MARKINGS OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark the items delivered or otherwise furnish notice with the items of the existence of the warranty. Brief markings shall include:

• A statement that the warranty exists,

• The substance of the warranty,

• Warranty duration, and

• Whom to notify if the supplies are found to be defective.

For commercial items, the Contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

END OF SECTION D

PART I

SECTION E

INSPECTION AND ACCEPTANCE

All operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of

Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of

Contractor's submission of offer, and shall be intended and approved for marine use.

The Corporation may inspect and test all material and workmanship at any time during the Contractor's performance of the work.

The Contractor shall perform work in accordance with the contract, any drawings and specifications made a part of this contract, and any change or modification issued under the Changes clause.

(1) If, prior to delivery, the Government finds any material or workmanship is defective or not in accordance with the contract, the Corporation may reject the defective or nonconforming material or workmanship and require the Contractor to correct or replace it at the Contractor's expense.

(2) As specified in the contract, the Contractor shall provide and maintain an inspection system acceptable to the Government.

(3) The Contractor shall maintain complete records of all inspection work and shall make them available to the

Government during performance of the contract and for 90 days after the completion of all work required.

The Contractor shall not permit any welder to work on a vessel unless the welder is, at the time of the work, qualified to the standards established by the U.S. Coast Guard, American Bureau of Shipping, or Department of the Navy for the type of welding being performed. Qualifications of a welder shall be as specified in the contract.

The Contractor shall provide “Safe for Workers” labels, in accordance with the OSHA regulations stated in 29

CFR 1915.11-12, for all confined and enclosed spaces prior to permitting entrance for work or inspection. This procedure shall be reflected in the Contractor’s Safety Plan.

52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.1. ACCEPTANCE OF DATA AND DOCUMENTATION

All contract data deliverables including drawings, reports, calculations and manuals will be reviewed by the

Corporation and/or its designee for various purposes, including progress monitoring, quality checks (random and systematic), and to ensure the Corporation has a reasonable expectation of the Contractor meeting the contract requirements. Deliverables may be returned with comments, recommendations, or with advisory notes concerning contract compliance.

Final approval and/or acceptance of documentation required herein will be by letter of approval and/or acceptance from the Contracting Officer. Any letter of acknowledgment of receipt of material shall not be construed as a waiver of review or as an acknowledgment that the material is in conformance with the contract.

Approvals will be limited to the extent defined in the contract. Approval of design deliverables will not relieve the Contractor from meeting the contract requirements including, but not limited to, performance and verification requirements. For all deliverables that require Government acceptance, the Corporation will provide a response that indicates acceptance or rejection and may provide comments. Absence of comments by the Corporation shall not relieve the Contractor of responsibility for complying with the requirements of the contract.

E.2. LAUNCHING

The Contractor shall be responsible for the satisfactory launching of the vessel at the time and date selected and mutually agreed upon by the Contractor and the COR. The Contractor shall provide a written notice to the

COR 10 calendar days prior to the launching. Prior to launching, all painting below the main deck (interior and exterior) must be completed. The hull interior and exterior surfaces shall be thoroughly inspected by an authorized

Government representative or its designee to verify compliance with the requirements of the specification. The vessel shall not be launched until the hull painting has been approved by the COR.

The condition of the vessel shall be recorded at the time of launch. This shall include the levels of all tanks, draft and freeboard readings at the port and starboard forward, midship, and aft locations, a list of shipyard equipment on board, an estimate percent of the vessel complete, and the time and date of the launch.

After launching, all tanks and voids shall be inspected for damage and leaks, and their conditions shall be inspected for damage and leaks, and their conditions shall be recorded.

E.3. FINAL INSPECTION

When all work and testing has been satisfactorily completed at the builder’s yard, the Contractor and a

Government Representative shall make a complete physical inspection and inventory of the vessel. A “punch list” of deficiencies (if any) will be developed and presented to the Contractor for corrective action. All corrective action necessary to eliminate the “punch list” deficiencies shall be completed at the Contractor’s facility. The

Contractor shall give the COR 7 working days notice prior to the desired date of re-inspection.

Prior to any inspection or re-inspection, the vessel and all its equipment shall be thoroughly cleaned and all painting and finishes required to be performed by the Contractor put in first class condition.

E.4. PROVISIONAL ACCEPTANCE AND DELIVERY

Delivery of the vessel may not be started until provisional acceptance of the vessel has been made. The vessel will be provisionally accepted at the builder’s yard upon satisfactory completion of the following:

• Tests and trials

• Correction of all “punch list” deficiencies

Delivery of the vessel may not be started until provisional acceptance of the vessel is made at the Contractor’s facility. The Contractor shall deliver the vessel to Government’s facility as required in Section F of the contract.

The Contractor shall assume all costs associated with the delivery of the vessel. The vessel shall be subject to a complete inspection at the time of delivery.

E.5. FINAL ACCEPTANCE

Final acceptance will be made upon delivery of the vessel, afloat and “Ready for Service” at the delivery point.

At the time of Final Acceptance, the vessel will be “Ready for Service”, which is defined as:

• clean inside and out

• all trash, dunnage, lashing, and delivery related material disposed of

• loose items of outfit in place

• all electrical and mechanical systems operational

• equipment properly adjusted

• instruments and electronics calibrated or aligned

• fuel tanks filled, outboard and portable gasoline tanks filled, lube oil tank filled, gear oil tank filled, hydraulic oil tank filled, potable water tank filled

• all waste tanks empty

• damaged paint touched up

• completion of Final Acceptance Demonstrations (Level 5 Testing)

• all required contract deliverables

The Contractor shall provide necessary personnel, equipment and materials and assumes all costs to make the vessel “Ready for Service”. At final acceptance, the vessel shall be subject to a complete inspection with every space, compartment, and deck of the vessel shall be cleaned to the satisfaction of the COR.

Upon completion and delivery of the vessel, the Contractor shall provide the Government with three (3) bound copies of a complete Tests and Trials Report containing an organized record of all tests and trials required by the contract specifications.

END OF SECTION E

PART I

SECTION F

DELIVERIES OR PERFORMANCE

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

F.1. Upon the award of the contract, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor shall not start work until the contract has been awarded except in the case of emergency work ordered by the Contracting Officer in writing.

The Contractor shall without charge—

(1) Make access available to Corporation personnel and/or its designees of the vessel at all times during the project duration acceptable to the Contracting Officer;

(2) Supply and maintain suitable brows and gangways from the pier, dry dock, or marine railway to the vessel;

(3) Furnish suitable offices, office equipment and telephones at or near the site of the work for the

Corporation's use.

F.2. The Corporation requires delivery of the tug to be made within sixteen (16) months after award of Phase II of the contract.

The tug shall be delivered FOB Destination to:

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

251 Fregoe Road

Massena, New York 13662

F.3. The tug shall be delivered with all items such as, but not limited to, equipment, accessories, appliances, plumbing fixtures, walls (interior and exterior), floors and decks, ceilings and overheads, windows, machinery spaces, etc., displaying an obvious appearance of being new and unused. The tug shall be free of dirt and debris associated with construction and adequately prepared for transportation to destination. The tug shall, in addition to the above, also display the highest level of cleanliness such that all areas of the tug can be immediately put to its intended use.

END OF SECTION F

PART I

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Patricia L. White, Contracting Officer, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764-3236, facsimile number (315) 764-3268, and e-mail address patricia.white@dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (SLSDC). No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

G.2. LIABILITY AND INSURANCE

(a) The Contractor shall exercise its best efforts to prevent accidents, injury, or damage to all employees, persons, and property, in and about the work, and to the vessel or part of the vessel upon which work is done.

Notwithstanding this clause, the Government does not assume any risk with respect to, and will not pay for any costs of the Contractor for the inspection, repair, replacement, or renewal of any defects in the vessel or such materials and equipment for which the Contractor is responsible, in accordance with the clauses of the contract concerning quality assurance, warranty or inspection.

(b) All policies under this clause shall be delivered to the Contracting Officer for their approval and custody. The terms of the policies, the insurance companies and the underwriters shall at all times be satisfactory to the

Contracting Officer. Policies not in conformance herewith shall be surrendered and cancelled upon the direction of the Contracting Officer, and new policies procured in conformance herewith.

(c) Marine Builder’s Risk Insurance shall provide coverage for the tug. The coverage shall include vessel underway activity prior to delivery, and shall be on an “all risk” basis and shall be for a value equal to the

Contractor’s actual cost of the tug plus “soft cost expense cover” (including but not limited to, additional construction financing interest, construction load fees, engineering expenses/fees, insurance premiums, accounting fees, project administration expenses, attorneys’ fees, and fees and other costs associated with such damage or loss). The coverage shall be written without risk of liability of the Government for payment and without deduction for depreciation. There shall be no coinsurance penalty provision in any such policy. The policy deductible shall not exceed one hundred thousand dollars per occurrence.

In addition to liability for physical loss of, or damage to, or damage caused by the vessel imposed upon the

Contractor by law or contract, as provided herein, the Marine Builder’s Risk Insurance Policy shall be written to specifically include all Tug underway activity as often as necessary for completion and testing of the contract work; a statement that the policy is primary to all other collectible insurance; a waiver of subrogation against the

Government and all subcontractors at any tier; coverage for hurricanes, ice flows, earthquake, and tornados;

coverage for renewal of faulty welds, and coverage for hull and machinery, and all other equipment and materials while the vessel is at the shipyard or other premises of the Contractor or any subcontractor.

Additional Insured: The Saint Lawrence Seaway Development Corporation shall be added as additional insured and loss payee with regard to claims arising from the operations and activities performed by or on behalf of the

Named Insured.

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(d) Indemnification: The Contractor indemnifies and holds harmless the Government, its agencies and instrumentalities, against all suits, actions, claims, costs or demands, (including, without limitation, suites, actions, claims, costs or demands resulting from death, personal injury, and property damage) to which the Government, its agencies, instrumentalities, may be subject or put by reason of damage or injury (including death) to the property or person of anyone other than the Government, its agencies, instrumentalities and personnel, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the Contractor, or other subcontractor, or their servants, agents or employees; provided, that the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner(s) might be subject as a result of damage or injury (including death) to the property or person of anyone other than the

Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor, or its agents or employees, or any subcontractor, or its agents or employees.

(1) The Contractor's obligation to indemnify under this paragraph shall not exceed the sum of $10,000,000 as a consequence of any single occurrence with respect to any one vessel.

(2) The indemnity includes, without limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work on the vessel;

and with respect to any such suits, actions, claims, costs, or demands resulting from death, personal injury or property damage occurring after the expiration of such period, the rights and liabilities of the Government and the

Contractor shall be as determined by other provisions of this contract and by law; provided, however, that such indemnity shall apply to death occurring after such period which results from any personal injury received during the period covered by the Contractor’s indemnity as provided herein.

(e) Additional Insurance: The Contractor shall, at its own expense, obtain and maintain Workers Compensation

Insurance (or its equivalent) covering the employees engaged on the work. The Contractor shall ensure that all subcontractors engaged on the work obtain and maintain the insurance required in this paragraph. Upon request of the Contracting Officer, the Contractor shall provide evidence of the insurance required by this paragraph.

(f) The Contractor shall give the Contracting Officer written notice as soon as practicable after the occurrence of a loss or damage for which the Government has assumed the risk. The notice shall contain full details of the loss or damage. If a claim or suit is later filed against the Contractor as a result of the event, the Contractor shall immediately deliver to the Government every demand, notice, summons, or other process received by the

Contractor or its employees or representatives. The Contractor shall cooperate with the Government and, upon request, shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. The Government shall reimburse the Contractor for expenses incurred in this effort, other than the cost of maintaining the Contractor's usual organization.

(g) In the event of loss of or damage to any vessel(s), material, or equipment which may result in a claim against the Government under the insurance provisions of this contract, the Contractor shall promptly notify the

Contracting Officer of the loss or damage. The Contracting Officer may, without prejudice to any right of the

Government, either—

(1) Order the Contractor to proceed with replacement or repair, in which event the Contractor shall effect the replacement or repair;

(i) The Contractor shall submit to the Contracting Officer a request for reimbursement of the cost of the replacement or repair together with whatever supporting documentation the Contracting Officer may reasonably require, and shall identify the request as being submitted under the Insurance clause of this contract.

(ii) If the Government determines that the risk of the loss or damage is within the scope of the risks assumed by the Government under this clause, the Government will reimburse the Contractor for the reasonable allowable cost of the replacement or repair, plus a reasonable profit (if the work or replacement or repair was performed by the Contractor) less the deductible amount specified in paragraph (c) of this clause.

(iii) Payments by the Government to the Contractor under this clause are outside the scope of and shall not affect the pricing structure of the contract, and are additional to the compensation otherwise payable to the

Contractor under this contract; or

(2) Decide that the loss or damage shall not be replaced or repaired and in that event, the Contracting Officer shall—

(i) Modify the contract appropriately, consistent with the reduced requirements reflected by the unreplaced or unrepaired loss or damage; or

(ii) Terminate the repair of any part or all of the vessel(s) under the Termination for Convenience of the

Government clause of this contract.

G.3. PERFORMANCE AND PAYMENT BONDS

52.228-16 PERFORMANCE AND PAYMENT BONDS—OTHER THAN CONSTRUCTION (NOV 2006)

(PHASE I ONLY)

a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100% percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100% percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the

Contracting Officer, within ten (10) days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the

Federal Register, or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

52.228-16 PERFORMANCE AND PAYMENT BONDS—OTHER THAN CONSTRUCTION (NOV 2006)

(PHASE II ONLY)

a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 50% percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 50% percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the

Contracting Officer, within ten (10) days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard47.html#wp1176941 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard46.html#wp1176933 http://www.fms.treas.gov/c570/ https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard47.html#wp1176941 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard46.html#wp1176933

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the

Federal Register, or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

G.4. CONTRACTING OFFICER DELEGATION OF AUTHORITY

The Contracting officer may delegate all or part of her authority to administer this contract. Such a delegation will be in writing and will describe the extent of the authority delegated. The Contracting Officer will provide a copy of such delegation to the Contractor.

G.5. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors to act as the Contracting Officer’s

Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award. The designation letter will set for the authorities and limitations of the COR under the contract. The COR will ensure that the Corporation's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

G.6. CONTRACTOR REPRESENTATIVES AUTHORIZED TO SIGN DOCUMENTS

Upon execution of the Contract, the Contractor shall provide a list to the Contracting Officer, which identifies those Contractor representatives who are authorized to sign written communications on behalf of the Contractor.

The report shall specifically contain the following: (1) name of individual authorized to sign Contractor-generated technical data and Contractor management type documentation, and (2) type of documentation each individual is authorized to sign. Upon addition or deletion of one or more names, the list shall be revised accordingly.

G.7. ADDITIONAL WORK

a. The Contractor shall not perform any additional work without the Contracting Officer's authorization.

b. The Contractor, in connection with any proposal he/she makes for a contract modification, shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown.