automatic identification system and installation for

CONTRACT No. 2013-FT-4

for

AUTOMATIC IDENTIFICATION SYSTEM AND INSTALLATION FOR GOLDEN GATE FERRIES

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GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

CONTRACT NO. 2013-FT-4 AUTOMATIC IDENTIFICATION SYSTEM AND INSTALLATION FOR

GOLDEN GATE FERRIES

TABLE OF CONTENTS

NOTICE INVITING BIDS ...................................................................................................... N-1 GENERAL CONDITIONS AND INSTRUCTIONS FOR BIDDERS 1. Definition of Terms ....................................................................................................... GC-1 2. Explanations and Clarifications .................................................................................... GC-2 3. Form of Bid and Signature ............................................................................................ GC-2 4. Bid Form ....................................................................................................................... GC-3 5. Unauthorized Conditions .............................................................................................. GC-3 6. Submission of Bid ......................................................................................................... GC-3 7. Withdrawal of Bid ......................................................................................................... GC-3 8. Canvass of Bid .............................................................................................................. GC-3 9. Award of Contract ......................................................................................................... GC-3 10. Rejection of Bids ........................................................................................................... GC-4 11. Taxes ............................................................................................................................. GC-4 12. Additional Taxes ........................................................................................................... GC-4 13. Delivery ......................................................................................................................... GC-4 14. Alternative Bid .............................................................................................................. GC-4 15. Bidder’s Security ........................................................................................................... GC-4 16. Permits and Licenses ..................................................................................................... GC-5 17. Statement of Experience and Qualifications ................................................................. GC-5 18. Waiver ........................................................................................................................... GC-5 19. Non-Collusion Certification.......................................................................................... GC-6 20. Penalty for Collusion .................................................................................................... GC-6 21. Interest of District Personnel ......................................................................................... GC-6 22. Representation Before the District ................................................................................ GC-6 23. Time for Execution of Contract and Filing Bond ......................................................... GC-6 24. Documents Deemed Part of Contract............................................................................ GC-7 25. Governing Law, Compliance with Laws ...................................................................... GC-7 26. Manner of Execution of Contract ................................................................................. GC-7 27. Faithful Performance Bond ........................................................................................... GC-7 28. Effect of Extensions of Time ........................................................................................ GC-7 29. Changes by the Contractor ............................................................................................ GC-7 30. Changes by the District ................................................................................................. GC-7 31. Change Orders............................................................................................................... GC-8 32. Disputed Work/Claims ................................................................................................. GC-8 33. Notice of Potential Claim.............................................................................................. GC-9 34. Contractor’s Liability .................................................................................................... GC-9 35. Approval by the General Manager ................................................................................ GC-9

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36. Defective or Damaged Work ........................................................................................ GC-9 37. Independent Contractor ............................................................................................... GC-10 38. Protection of Work and of Persons and Property ........................................................ GC-10 39. Damages ...................................................................................................................... GC-12 40. Failure to Complete Contract-Effect ........................................................................... GC-12 41. Non-Performance of Contract ..................................................................................... GC-12 42. Termination of Right to Proceed ................................................................................. GC-13 43. Payments ..................................................................................................................... GC-14 44. Liquidated Damages ................................................................................................... GC-14 45. Insurance Certificates .................................................................................................. GC-14 46. Infringement of Patents ............................................................................................... GC-14 47. Assignment ................................................................................................................. GC-15 48. Warranty of Title ......................................................................................................... GC-15 49. Warranty of Fitness ..................................................................................................... GC-15 50. Time of Completion .................................................................................................... GC-15 51. Or Approved Equal Clause ......................................................................................... GC-15 52. Guarantees ................................................................................................................... GC-15 53. Antitrust Claims .......................................................................................................... GC-16 54. Environmental and Safety and Health Standards Compliance ................................... GC-16 55. Diversity Program for Contracts ................................................................................. GC-16 56. Equal Employment Opportunity ................................................................................. GC-17 57. Rights and Remedies of the District ........................................................................... GC-17 58. Disqualification Questionnaire ................................................................................... GC-17 59. Bid Protest Procedures ................................................................................................ GC-17 60. Air Pollution Control .................................................................................................. GC-18 61. Water Pollution Control .............................................................................................. GC-18 62. Compliance with Law ................................................................................................. GC-18 63. Discharge of Liens ...................................................................................................... GC-18 64. Title ............................................................................................................................. GC-19 SPECIAL PROVISIONS Section I. Bid Requirements and Conditions 1.1 Bid Invited...................................................................................................................... SP-1 1.2 Schedule of Activities .................................................................................................... SP-1 1.3 Bid Form ........................................................................................................................ SP-1 1.4 Documents to Accompany Bid ..................................................................................... SP-3 1.5 Pre Bid Conference ........................................................................................................ SP-3 1.6 Examination of Contract Documents ............................................................................ SP-3 1.7 Bidder’s Security ............................................................................................................ SP-3 1.8 Bidder’s Statement of Qualifications and Business References .................................... SP-3 1.9 Approved Equals ............................................................................................................ SP-4 1.10 Request for Approved Equals, Modifications or Clarifications ..................................... SP-4 1.11 Single-Bid Response ...................................................................................................... SP-5 Section II. Award and Execution of Contract

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2.1 Award of Contract .......................................................................................................... SP-5 2.2 Faithful Performance Bond ............................................................................................ SP-5 2.3 Time of Performance ..................................................................................................... SP-6 2.4 Ferry Availability ........................................................................................................... SP-6 Section III. Insurance 3.1 Insurance Requirements ................................................................................................. SP-6 Section IV. Contract Performance 4.1 General ......................................................................................................................... SP-10 4.2 Guarantees .................................................................................................................... SP-10 4.3 Performance Warranty ................................................................................................. SP-10 4.4 Location of Ferries ....................................................................................................... SP-10 4.5 Progress of Work and Inspection ................................................................................. SP-10 4.6 Final Acceptance .......................................................................................................... SP-11 4.7 Payment ........................................................................................................................ SP-11 4.8 Failure to Complete Contract - Effect .......................................................................... SP-12 4.9 Liquidated Damages .................................................................................................... SP-12 4.10 Protection of Property .................................................................................................. SP-12 4.11 Termination .................................................................................................................. SP-13

Section V. Federal Requirements 5.1 Fly America Requirements .......................................................................................... SP-13 5.2 Cargo Preference Requirements ................................................................................... SP-13 5.3 Energy Conservation .................................................................................................... SP-14 5.4 Clean Water and Air Requirements ............................................................................. SP-14 5.5 Recycled Products ........................................................................................................ SP-14 5.6 Lobbying ...................................................................................................................... SP-14 5.7 Access to Records and Reports .................................................................................... SP-15 5.8 Federal Changes .......................................................................................................... SP-15 5.9 No Government Obligation to Third Parties ............................................................... SP-15 5.10 Program Fraud and False or Fraudulent Statements and Related Acts ....................... SP-15 5.11 Government-Wide Debarment and Suspension .......................................................... SP-16 5.12 Civil Rights Requirements .......................................................................................... SP-16 Section VI. Hazardous Chemicals and Wastes ................................................................... SP-17 TECHNICAL SPECIFICATIONS ........................................................................................... TS Bid Form ....................................................................................................................................... BF Bidder’s Bond .............................................................................................................................. BB Irrevocable Standby Letter of Credit No. .................................................................................. ISLC Sample Certificate of Insurance ..................................................................................................... CI Acknowledgment of Addenda ..................................................................................................... AA Qualification Questionnaire and Financial Statement with Business References ....................... QQ Sample Contract ............................................................................................................................ SC Performance Bond......................................................................................................................... PB

GENERAL CONDITIONS AND INSTRUCTIONS FOR BIDDERS

2013-FT-4 General Conditions GC-1 2/6/2013


CONTRACT NO. 2013-FT-4

AUTOMATIC IDENTIFICATION SYSTEM AND INSTALLATION FOR GOLDEN GATE FERRIES

GENERAL CONDITIONS AND INSTRUCTIONS FOR BIDDERS

These General Conditions and Instructions apply to all bidding, except insofar as they may be modified by the Special Provisions, Specifications or Bid Forms.

1. Definition of Terms. Whenever in the Bid or Contract Documents the following terms or

pronouns in place of them, or abbreviations are used the intent and meaning shall be interpreted as follows:

"District" shall mean GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT.

"Board," "Director," "Directors," or "Board of Directors" shall mean the nineteen (19) member governing board of the Golden Gate Bridge, Highway and Transportation District or members thereof.

"Secretary" means the Secretary of Golden Gate Bridge, Highway and Transportation District.

"General Manager" means General Manager of Golden Gate Bridge, Highway and Transportation District.

“DBE” shall mean Disadvantaged Business Enterprise(s) as defined in the District’s Diversity Program for Contracts, dated June 22, 2001, as subsequently amended by the Board from time to time.

“DBE Program Administrator” shall mean the District employee principally responsible for effecting compliance with the District’s Diversity Program for Contracts and federal laws pertaining to Disadvantaged Business Enterprise participation.

"Contractor" shall mean any person or entity who furnishes materials, equipment or supplies to, or performs any service for, the District.

"Written Order" means a written order signed by the President and Secretary of the District, or properly authorized representative or agent, mailed to the Contractor at the address designated in his Bid, or to such other address as he may designate in writing as his official place of business.


"Bid Documents" or "Contract Documents" mean the Notice Inviting Sealed Bids, General Conditions and Instructions for Bidders, Special Provisions, Technical Specifications, Bid Forms and Addenda, if any. “Bidder” or “Bid” means Proposer or Proposal, respectively. “Office of Primary Interest” shall mean the Office, Division or Department of the District initiating a procurement. “Project Manager” shall mean the District employee in the Office of Primary Interest with principal responsibility for the procurement process and contract administration, including, but not limited to, resident engineers for construction Contracts and Contract management for professional services agreements with consultants.

2. Explanations and Clarifications

A. Request for Interpretation or Correction. Prospective Bidders must examine the Contract Documents carefully. It shall be the duty of every person contemplating submitting a Bid for the proposed Contract, to contact the Secretary of the District and request in writing, before bidding, an interpretation or correction of every discrepancy, ambiguity, error or omission in any of the Contract Documents which should have been discovered by a reasonably prudent Bidder.

Any interpretation, change or correction of said Contract Documents will be made by addenda only, duly issued by the District. Copies of such addenda will be mailed or delivered to each firm receiving a set of said specifications. Upon such mailing or delivery, such addendum will become a part of the Contract Documents, and binding on all Bidders whether or not actual notices of such addenda are shown.

B. Interpretations or Corrections Binding. Only the written interpretation or correction so given by the District shall be binding. All oral modifications of the Contract Documents are void and ineffective.

3. Form of Bid and Signature. The Bid shall be made on the form provided and shall be

enclosed in a sealed envelope marked and addressed as required. If the Bid is made by a sole owner, it shall be signed with his full name and his address shall be given; if it is made by a partnership, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member of the firm shall be given; and if it is made by a corporation it shall be signed by two officers of the corporation, consisting of (1) the chairman of the board, president, or vice president, and (2) the secretary, assistant secretary, chief financial officer, assistant financial officer, or by a person authorized by the corporation to execute written Contracts on its behalf. If the Bid made by a corporation is signed by a person other than an officer, or by only one officer, there must be attached to the Bid a certified copy of a resolution of the corporation authorizing such officer or person to sign Bids on behalf of the corporation. If it is made by a joint venture, it shall be signed on behalf of each participating company by officers or other individuals who have the


full and proper authorization so to do. Bids submitted in any other form will be considered non-responsive and may be rejected.

4. Bid Form. Blank spaces in the Bid shall be properly filled. The phraseology of the Bid

must not be changed and no additions shall be made to the items mentioned therein. Alterations by erasure or interlineations must be explained or noted in the Bid over the signature of the Bidder. If the unit price and the total amount named by a Bidder for any item do not agree, the unit price alone will be considered as representing the Bidder's intention. Any mathematical errors apparent on the face of the Bid shall be corrected and the mathematically correct total shall be used to determine the lowest Bidder.

5. Unauthorized Conditions. Unauthorized conditions, limitations or provisions attached to a

Bid will render it informal and may cause its rejection. No telegraphic Bids or modifications will be considered.

6. Submission of Bid. Prior to the hour specified in the notice inviting sealed Bids, all Bids

shall be delivered to the Secretary of the District at the address shown in the Notice. All Bids shall be in a sealed envelope properly endorsed as to the item being Bid and the Bidder's name and address. No Bids received after said time or at any place other than the time and place as stated in the notice will be considered.

7. Withdrawal of Bid. Any Bid may be withdrawn at any time prior to the time fixed in the

public notice for the opening of Bids only by written request for the withdrawal of the Bid filed with the District. The request shall be executed by the Bidder or his duly authorized representative. A telegraphic or telephonic request is not acceptable. The District will accept facsimile transmissions of properly executed requests that are received by the District prior to the time fixed in the public notice for the opening of Bids. The District will not be responsible for interruptions, delays, or any other unsuccessful facsimile transmission of Bid withdrawals, whether or not caused by the District’s facsimile equipment. The withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid. Whether or not Bids are opened exactly at the time fixed in the public notice opening Bids, a Bid will not be received after that time, nor may any Bid be withdrawn after the time fixed in the public notice for the opening of Bids.

8. Canvass of Bid. At the hour specified in the notice, the Secretary will open, examine and

publicly declare all Bids received. Bidders, their representatives, and others interested are invited to be present at the opening of Bids. Award will be made or Bids rejected by the District within the time specified in the Specifications or Bid Forms or, if not specified, within a reasonable time after Bids have been opened. The District reserves the right to postpone the Bid opening for its own convenience.

9. Award of Contract. The award of the Contract, if awarded, will be made to the lowest responsible Bidder whose Bid complies with the requirements prescribed and whose qualifications are satisfactory to the District. Such award, if made, will be made within


ninety (90) days after the opening of the Bids. If the lowest responsible Bidder refuses or fails to execute the Contract or file the required bonds, the District may award the Contract to the second lowest responsible Bidder. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the District and the Bidders concerned. All Bidders shall be notified of the award.

10. Rejection of Bids. The District may reject any and all Bids, and must reject the Bid of any

party who has been delinquent or unfaithful in any former Contract with the District. The District also reserves the right to waive any irregularities or informalities in any Bid or in the bidding procedure. All Bidders shall be notified of the award. All Bids must remain in effect at least ninety (90) days from the Bid opening date.

11. Taxes. The supplies, materials or equipment called for under the Specifications will be used

by the District in the performance of a governmental function and are exempt from taxation by the United States Government, and the District will, if requested, furnish a tax exemption certificate and any and all affidavits and documents that may be necessary to establish such exemption. California State sales or use taxes shall not be included in the Bid price for all Bidders, but listed separately, regardless of location.

12. Additional Taxes. Any sales tax, use tax, imposts, revenues, excise, or other taxes which

may hereafter be imposed by Congress, by the State of California or any political subdivision thereof, and applicable to the sale of the material delivered as a result of the Bidder’s Bid and which, by the terms of the tax law may be passed directly to the purchases, will be paid by the District

13. Delivery. If the Contract work is undertaken in a port other than one located within the San Francisco Bay Area, the Contractor will be responsible for all cost associated with the delivery to and from the port in which the work is undertaken.

14. Alternative Bid. Submission of alternative Bid or Bids, except as specifically called for in

the Specifications or Bid Forms, will render it informal and may cause its rejection. 15. Bidder's Security. Each Bidder shall submit with his or her Bid one of the following forms

of Bidder's security:

(a) An unconditional Certified or Cashier's Check on a solvent bank, in an amount equal to at least ten percent (10%) of the amount Bid, payable to the order of Golden Gate Bridge, Highway and Transportation District; or

(b) A Bidder's Bond, in an amount equal to at least ten percent (10%) of the amount Bid,

using the form entitled "Bidder's Bond," provided with the Bid documents, and properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California and acceptable to the District.


(c) An Irrevocable Standby Letter of Credit, which is available upon Bidder's demand when accompanied by a signed statement from an Officer of the Golden Gate Bridge, Highway and Transportation District, stating that the amount drafted is due to the Golden Gate Bridge, Highway and Transportation District because of failure to enter into a written contract awarded to it by the District, or to furnish the requisite bond(s) or insurance certificates within the time and in the manner required by the Contract Documents and Specifications. This letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) of the International Chamber of Commerce Publication No. 500.

Any condition or limitation placed upon said check or any alteration of said form of bond, or Irrevocable Standby Letter of Credit or imperfection in the execution thereof, as herein required will render it informal and may, at the option of the District, result in the rejection of the Bid under which such check, bond or Irrevocable Standby Letter of Credit is submitted. Said check, Bidder's Bond or Irrevocable Standby Letter of Credit shall be a guarantee that the Bidder(s), if awarded the Contract, will execute the required Contract and bonds within fifteen (15) days after receipt of the contract and bond forms from the District or such additional time as may be allowed by the District. If the Bidder(s) fails or refuses to execute the required Contract and bonds within said time, the money and proceeds from the check, bond or letter of credit as the case may be, shall be applied towards payment of the damage to the District on account of the delay in the execution of the Contract and bonds and the performance of the work thereunder, and the necessity of accepting a higher or less desirable Bid resulting from such failure or refusal to execute the Contract and bonds required. The amount of the check, bond or letter of credit as the case may be, shall not constitute a limitation upon the right of the District to recover for the full amount of such damage. The check, bond or letter of credit of the successful Bidder(s) and the next two highest Bidders will be returned after the execution of the Contract with the successful Bidder(s) and the approval of its bonds or letter of credit on behalf of the District, and the checks, bonds or letter of credit of the other Bidders will be returned promptly after the Bids have been opened and reviewed by the District.

16. Permits and Licenses. To the extent permit and licensing requirements are applicable, the

Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

17. Statement of Experience and Qualifications. Upon request, the Bidder may be required to

prove to the District’s satisfaction that it has the skill and experience and that it has the necessary facilities and ample financial resources to perform the Contract in a satisfactory manner and within the required time.

18. Waiver. The Bidder shall represent and warrant that it has sufficiently informed itself in all

matters affecting the performance of the work or the furnishing of the labor, supplies, material or equipment called for in the Specifications; that Bidder has checked its Bid for errors and omissions; that the prices stated in its Bid are correct and as intended by it and are a complete and correct statement of its prices for performing the work or furnishing the labor, supplies, materials or equipment required by the Contract Documents.


The Bidder waives any claim for the return of its Bid deposit if, on account of errors or omissions claimed to have been made by it in its Bid, or for any other reason, it should refuse or fail to execute the Contract.

19. Non-Collusion Certification. By submitting a Bid, the Bidder represents and warrants that

such Bid is genuine and not sham or collusive or made in the interest or in behalf of any person not therein named, and that the Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure to the Bidder an advantage over any other Bidder.

20. Penalty for Collusion. If at any time it shall be found that the person, firm or corporation to

whom a Contract has been awarded has, in presenting any Bid or Bids, colluded with any other party or parties, then the Contract so awarded shall be null and void and the Contractor and its bondsmen shall be liable to the District for all loss or damage which the District may suffer thereby and the District may advertise for a new Contract for said labor, supplies, materials or equipment.

21. Interest of District Personnel. By submitting a Bid, the Bidder represents and warrants

that neither the General Manager, nor any Director, officer or employee of the District is in any manner interested directly or indirectly in the Bid or in the Contract which may be made under it, or in any expected profits to arise therefrom, as set forth in Article 4, Division 4, Title 1 (commencing with Sec. 1090) or Title 9 (commencing with Section 8100 of the Government Code of the State of California.

22. Representation Before the District. No person previously in the position of Director,

Officer, employee, or agent of the District may act as an agent or attorney for, or otherwise represent, a Bidder or Contractor by making any formal or informal appearance, or any oral or written communication, before the District, or any officer or employee of the District, for a period of twelve months after leaving office or employment with the District, if the appearance or communication is made for the purpose of influencing any action involving the issuance, amendment, award, or revocation of a permit, license, grant or Contract.

23. Time for Execution of Contract and Filing Bond. The Bidder(s) to whom award is made

shall execute a written Contract with the District on the form of Contract of the District and furnish a good and approved bond as herein required within fifteen (15) days after receiving the forms of Contract and bond for execution.

If the Bidder to whom award is made fails to enter into the Contract as herein provided and furnish the said bond, the award will be annulled and an award may, in the discretion of the District, be made to the Bidder whose Bid is next most acceptable; and such Bidder shall fulfill every stipulation embraced herein as if it were the party to whom the first award was made.


24. Documents Deemed Part of Contract. The Notice Inviting Sealed Bids, General Conditions and Instructions for Bidders, Special Provisions, Bid Form, Technical Specifications and Addenda, if any, and the Agreement will be deemed a part of the Contract.

25. Governing Law, Compliance with Laws. The Contractor hereunder shall be governed by

the laws of the State of California. The Contractor must comply with all local, state and federal laws, rules and regulations applicable to this Contract and to the work to be done hereunder, including, all rules and regulations of the District.

26. Manner of Execution of Contract. If the Contractor is an individual, the Contract shall be executed by the Contractor personally. If the Contractor is a co-partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the Chairman of the Board, President or Vice President; and (2) the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer, or by a person authorized by the corporation to execute written Contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than an officer, or by only one officer there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written Contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization so to do.

27. Faithful Performance Bond. Upon execution of the contract, the Contractor shall furnish a

bond to guarantee the faithful performance of the contract. The amount of the bond shall be stated in the Special Provisions. The bond shall be with a California-admitted corporate surety, or with two or more sufficient sureties to be approved by the District. As an alternative to furnishing a bond, Contractor may guarantee faithful performance of the contract by (1) depositing with the District a certified check or cashier’s check from a solvent bank for the prescribed amount, or (2) providing the District an Irrevocable Standby Letter of Credit issues by a solvent bank satisfactory to the District, and in a form satisfactory to the District. This letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision of the International Chamber of Commerce Publication No. 600.

28. Effect of Extensions of Time. Granting, or acceptance, of extensions of time to complete

the work or furnish the labor, supplies, materials or equipment, or any one of the aforementioned, will not operate as a release to Contractor or the surety on Contractor's faithful performance bond from said guarantee.

29. Changes by the Contractor. If the Contractor, on account of conditions developing during

the performance of the contract, finds it impracticable to comply with these Specifications and applies in writing for a modification of requirements, such change may be authorized only in writing by the General Manager, if not detrimental to the District.

30. Changes by the District. In case any work, materials or equipment shall be required which

are not mentioned, specified or indicated or otherwise provided for herein, the Contractor


shall, if ordered in writing by the General Manager, do and perform such work and furnish such materials or equipment at the Contractor's catalogue prices, less discounts ordinarily allowed to users of such materials or equipment or at regular labor charges less customary discounts, or both.

The Contractor’s Bid to perform any changes requested by the District shall include the cost of the material, engineering time, labor for installation if required and a reasonable markup, it any. In case any work, materials or equipment which are mentioned, specified or indicated or otherwise provided for in the contract or in the Specifications forming a part of the contract shall be required to be omitted from, in or about the work, the Contractor shall, if ordered by the General Manager, omit the performance of such work and the furnishing of such materials or equipment and there shall be deducted from the amount to be paid to the Contractor the amount which the General Manager and the Contractor shall determine and mutually agree to be the reasonable value of such work, materials or equipment, and such determination and agreement shall be final and conclusive upon the Contractor.

It is understood, however, that the amount of work, materials or equipment required by the Contract shall not, in accordance with the above provisions referring to additions or omissions, be so increased or diminished as substantially to alter the general character or extent of the Contract.

31. Change Orders. The Contract may be modified or changed by the District from time to time, in order to carry out and complete more fully and perfectly the work agreed to be done and performed. An order that modifies or changes work to be performed under the Contract shall be valid only if issued in writing and signed by the General Manager and shall designate (1) the change in cost or manner of payment, if any and (2) the effect on time for Contract performance, if any. Work so ordered must be performed by the Contractor.

32. Disputed Work/Claims. The Contractor must promptly comply with the following

procedures in the event the Contractor has any dispute regarding (1) the District's determination on any change orders relative to adjustments in Contract price, time for performance or any other requirement or (2) whether a determination or order by the District violates the provisions of the Contract. Before proceeding with such work or complying with such determination or order, or simultaneously, the Contractor must notify the General Manager in writing of the reasons for the Contractor's opinion with respect to the dispute and request a final determination. The General Manager shall render the final determination within a reasonable time of receipt of such written request.

If the General Manager determines that the work in question is Contract work and not extra

work, or that the determination or order complained of is proper, he/she will direct the Contractor to proceed, and the Contractor must promptly comply. However, in order to reserve its right to claim compensation for such work or damages resulting from such compliance, the Contractor must, within ten (10) days after receiving notice of the General Manager's determination and direction, notify the General Manager in writing that the work is being performed, or that the determination direction is being complied with under protest.


If the Contractor fails to so appeal to the General Manager for a determination, or having so

appealed, should the Contractor thus fail to notify the General Manager in writing of its protest, the Contractor shall be deemed to have waived any claim for extra compensation or damage therefore. Oral appeals or oral protests, no matter to whom made, shall not be deemed even substantial compliance with the provisions of this Section.

33. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any

additional compensation or damages for any cause, including any act or failure to act by the District, or the happening of any event, thing or occurrence, unless, it shall give the District due written notice of potential claim as described below. Compliance with this section shall not be a prerequisite as to matters within the scope of the protest provisions in General Condition 33, "Disputed Work/Claims."

The written notice of potential claim shall set forth the reasons for which the Contractor

believes additional compensation or damages will or may be due, the nature of the cost involved and, insofar as possible, the amount of the potential claim. The notice must be given to the General Manager prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation or damages, if based on an act or failure to act by the District, or in all other cases, within fifteen days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this section that differences between the parties arising under and by

virtue of the Contract be brought to the attention of the District at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor agrees that it shall have no right to additional compensation or damages for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as required was filed.

34. Contractor’s Liability. The Contractor shall indemnify, keep and save harmless the District, its agents, officials and employees, against all suits or claims that may be based on any injury or death to persons or property and that may occur, or that may be alleged to have occurred, by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his employees; and the Contractor shall, at its own expense, defend any and all such actions, and shall at its own expense pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the District in any such action, the Contractor shall at its own expense satisfy and discharge the same.

35. Approval by the General Manager. The work shall be executed under the direction and supervision of the General Manager and his properly authorized agents, on whose inspection all work shall be accepted or condemned. The General Manager shall have full power to reject or condemn any materials furnished or work performed under the Contract which do not conform to the terms and conditions set forth in the Contract Documents.

36. Defective or Damaged Work. The Contractor agrees that within ten calendar days after

being notified in writing by the District of any work not in accordance with the requirements


in the Contract or of any defects in the work, it will commence and prosecute with due diligence all work necessary to fulfill the requirements of the Contract or correct the defect, and will complete such work in a reasonable period of time and at no additional cost to the District.

If the Contractor fails to promptly comply with this provision, the Contractor hereby authorizes the District to proceed to have such work done at the Contractor’s expense, and Contractor agrees to honor and pay the costs and charges upon the District’s demand. In the alternative, the District may elect to deduct the costs and charges from any compensation due or to become due to the Contractor. The District shall be entitled to all costs and expenses, including reasonable attorney’s fees, necessarily incurred upon the Contractor’s refusal to pay the above costs and charges. Nothing in the provision shall limit or restrict the warranty provisions set forth in the General Conditions, Special Provisions, and Technical Specifications.

37. Independent Contractor. Neither Contractor nor any of the Contractor's employees is, or

shall be deemed, an agent or employee of the District, and in the performance of all work hereunder, Contractor shall be an independent Contractor, shall comply with all applicable Worker's Compensation laws, shall comply with and carry all policies of insurance required by the Longshoremen's and Harbor Worker's Compensation Act, shall pay all required Social Security taxes and Unemployment Compensation taxes, and shall pay or perform all other obligations imposed upon an employer of labor, all at Contractor's expense, and, furthermore, shall indemnify the District against any and all liability as a result of Contractor's failure to perform any of the foregoing requirements.

38. Protection of Work and of Persons and Property. During performance and up to the date

of final acceptance by the District, the Contractor shall be under an absolute obligation to protect the finished and unfinished work against any damage, loss or injury. In the event of damage, loss or injury to the finished and unfinished work, the Contractor shall promptly replace or repair such work, whichever the District shall determine to be preferable. The obligation to deliver finished work in strict accordance with the Contract shall be absolute and shall not be affected by the District's approval of or failure to prohibit means and methods of construction used by the Contractor.

During the performance of this Contract and up to the date of final acceptance, the Contractor must take all reasonable precautions to protect the persons and property of others from damage, loss or injury. Within three (3) days after notice to it of the happening of any such loss, damage or injury to work, persons and property, the Contractor shall make a full and complete report thereof in writing to the District.

Under this article the Contractor assumes the following distinct and several risks, whether

they arise from acts or omissions (whether negligent or not) of the Contractor, or the District, or the District's Representative, or of third persons; or from any other cause, and whether such risks are within or beyond the control of the Contractor, excepting risks which arise solely from affirmative acts of the District or of the District's Representative with actual and willful intent to cause the loss, damage and injuries, and professional errors and omissions of the District or of the District's Representative:


a. The risk of loss or damage to the finished and unfinished Work prior to final

acceptance by the District; b. The risk of claims, just or unjust, by third persons against the Contractor, the District

or the District's Representative on account of injuries (including wrongful death), loss or damage of any kind whatsoever arising or alleged to arise out of or in connection with the performance of the Work (whether or not actually caused by or resulting from the performance of the Work) or out of or in connection with the Contractor's operations or presence at or in the vicinity of the work site, whether such claims are made and whether such injuries, damage and loss are sustained at any time both before and after final acceptance of the Work;

c. The risk of loss or damage to any property, including the loss of use thereof of the

Contractor, and of claims made against the Contractor, the District, or the District's Representative for loss or damage to any property, including the loss of use thereof of subcontractors, material men, workmen and other performing the Work, occurring at any time prior to completion of removal of such property from the premises or in the vicinity thereof.

The Contractor shall indemnify the District and the District's Representative against all

claims described in subparagraphs b and c above and for all expense incurred by the District and/or the District’s representative in the defense, settlement or satisfaction thereof, including expenses of attorneys. If so directed, the Contractor shall at its own expense defend against such claims. These obligations shall be insured under the Comprehensive General Liability policy furnished by the Contractor.

The provisions of this article shall also be for the benefit of the Directors, Officers, agents

and employees of the District and the District's Representative, so that they shall have all the rights which they would have under this article if they were named at each place above at which the District or the District's Representative is named, including a direct right of action against the Contractor to enforce the foregoing indemnity.

Neither the acceptance of the completed Work or payment therefore shall release the

Contractor from its obligations under this article. The enumeration elsewhere in this Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall not be deemed to limit the effect of the provisions of this article or to imply that it assumes or is responsible for only risks or claims of the type enumerated; and neither the enumeration in this article nor the enumeration elsewhere in this Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall be deemed to limit the risks which the Contractor would assume or the claims for which it would be responsible in the absence of such enumerations.

Except as these specifications otherwise may provide, all loss or damage of any sort or nature

arising from any unforeseen obstruction or difficulties, either natural or artificial, or from any act or omission not authorized by these specifications on the part of the Contractor, or any agent or person employed by it, shall be the responsibility of the Contractor.


The provisions of this Article shall not be deemed to create any new right of action in favor

of third parties against the Contractor, or the District or the District's Representative. 39. Damages. All loss or damage arising from any unforeseen obstruction or difficulties,

whether natural or artificial, which may be encountered in the prosecution of the work, or the furnishing of the supplies, materials or equipment, or from any action of the elements prior to the final acceptance of the work or of the supplies, materials or equipment, or from any act or omission not authorized by these Specifications on the part of the Contractor or any agent or person employed by it shall be sustained by the Contractor.

40. Failure to Complete Contract-Effect. In case of failure on the part of the Contractor to

complete its Contract within the specified time or within authorized extensions thereof, the Contract may be terminated and the District shall in such event not thereafter pay or allow to the Contractor any further compensation for any labor, supplies or materials furnished by it under said Contract; and the District may proceed to complete such Contract either by reletting or otherwise, and the Contractor and its bondsmen shall be liable to the District for all loss or damage which it may suffer on account of the Contractor's failure to complete its Contract within the specified time.

41. Non-Performance of Contract

a. Right to Stop Work. Authority to stop the work, in whole or in part is vested in the District and may be invoked whenever it deems such action necessary to insure proper execution of the Contract; work may not be resumed until the District has given written consent.

b. Rejection of Materials and Workmanship. The District has the right to reject

defective material and workmanship and to require its replacement or correction without additional cost to District. Defective material and workmanship includes, but is not limited to, materials and workmanship that does not meet the requirements of the specifications of this Contract reasonably interpreted in the sole discretion of the District. Contractor shall promptly segregate and remove rejected work from the premises. All adjacent work disturbed by removal of such work shall be replaced in accordance with this Contract and without expense to the District including work of other Contractors disturbed by such removals and replacements.

(1) If Contractor fails to proceed at once with replacement of rejected work,

District may, by Contract or otherwise, replace such material and correct such workmanship and charge the cost to the Contractor, or District may terminate right of the Contractor to proceed. The Contractor and its surety shall be liable for any damage to same extent as provided for by terminations hereunder.

(2) If rejected materials are not removed from the vessel or Contractor's premises

within a reasonable time, District may cause them to be removed and stored at Contractor's expense three days after issuing written notice to so remove


them. If Contractor does not pay for such removal and storage within six days thereafter, District may, six days after further written notice, sell the materials and credit Contractor with net proceeds after all costs of removal and sale are deducted. If materials so removed are valueless or sale does not meet cost of removal, Contractor shall bear all resultant loss.

c. Neglected Work. District may perform or employ others to undertake portions of the

work persistently neglected by the Contractor if work is still proceeding unsatisfactorily three days after written notice to the Contractor. In such case work will be done according to the Contract Documents and the cost deducted from next payment falling due to the Contractor. Such action shall in no way affect status of either party under Contract, nor be held as basis of any claim by the Contractor or for extension of time.

d. Right to Withhold Payment. Part or whole of any payment or any certificate may be

withheld by District if such course is deemed necessary to protect District from loss on account of Contractor's failure to meet its obligations or if balances unpaid to Contractor are insufficient to complete the work. This right may also be exercised if in District's opinion the work will not be completed in time specified for performance of the Contract.

42. Termination of Right to Proceed. If the Contractor should appear to the District to be in

default and the Contractor fails to remedy his default within five (5) days after receipt from the District of notice of such default, the District may terminate the Contractor's right to proceed with work or that portion which the District determines is most directly affected by the default.

The term "default" for purposes of this provision includes, but is not limited to, the

performance of work in violation of the terms of the Contract; abandonment, assignment or subletting of the Contract without approval of the District, bankruptcy or appointment of a receiver for Contractor's property; failure to maintain the schedule of work; refusal or failure to maintain the schedule of work; refusal or failure properly to prosecute the work; use of materials, supplies, plant or equipment of improper quality or quantity; refusal or failure to provide proper workmanship; failure to take effective steps to end a prolonged labor dispute; and the performance of the Contract in bad faith.

Upon the District's termination of the Contractor's right to proceed with the work or a portion

of it, the District will have the right to complete the work or the portion by whatever means and methods it deems expedient, including the hiring of others on such terms as the District deems advisable.

The expense of completing such work or portion thereof, together with a reasonable charge

for managerial and administrative services as certified by the District, will be charged to the Contractor, and the expense so charged will be deducted by the District out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or its surety or sureties shall promptly pay the amount


of such excess to the District, upon notice from the District of the excess so due. The District may, in its sole discretion, withhold all or any part of any progress payments otherwise due to the Contractor until completion and final settlement of the work covered by such notice of default.

43. Payments. Unless otherwise stated in the Specifications or Bid forms, one hundred percent

(100%) of the Contract price for each unit or units of materials or equipment furnished and delivered under these Specifications will be paid to the Contractor within thirty (30) days after delivery to and acceptance by the District of the said units ordered as herein provided and after the statements covering the said unit or units have been presented to the District by the Contractor.

44. Liquidated Damages. It is agreed by the parties to the Contract that time is of the essence,

and in event of delay in completion of the work or the delivery of the supplies, materials or equipment beyond the date set forth in the Contract documents, or beyond authorized extensions thereof, damage will be sustained by the District and that it is or will be impracticable to determine the actual amount of the damage by reason of such delay, and it is, therefore, agreed that the District shall be paid an amount as set forth in the Special Provisions as liquidated damages. If no amount is set forth, Contractor shall be liable for actual damages for each and every calendar day that the time consumed in said completion extends beyond the date herein specified in that the District will suffer by reason of said delay or default. If the delay in delivery is caused by strikes, government controls or other causes beyond the control of the Contractor, an extension of time without liquidated damages liability shall be granted by the District upon a proper showing and finding by the District that the extension is justified.

45. Insurance Certificates. Certificates of insurance required by Section III, Insurance, of the Special Provisions shall be delivered to the District concurrently with the executed Contract. The District reserves the right to request certified copies of an insurance policy if questions arise.

All required insurance under this Contract shall provide adequate protection for the Golden

Gate Bridge, Highway and Transportation District, its Directors, General Manager, Secretary, Engineer, Officers, Agents, Representatives and Employees, while acting in such capacity and their successors or assignees, as they now or as they may hereinafter be constituted singly, jointly or severally, and the Contractor, against all claims, liability damages and accidents of any kind.

46. Infringement of Patents. The Contractor agrees that it will, at its own expense, defend all

suits or proceedings instituted against the District and pay any award of damages assessed against the District in such suits or proceedings, insofar as the same are based on any claim that the materials or equipment, or any part thereof, or any tool, article or process used in the manufacture thereof, constitutes an infringement of any patent of the United States provided the District gives to the Contractor prompt notice in writing of the institution of the suit or proceeding and permits the Contractor through its counsel to defend the same and gives the Contractor all needed information, assistance and authority to enable the Contractor so to do.


47. Assignment. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose

of the Contract or its right, title or interest in or to the same, or any part thereof, without previous consent in writing of the General Manager endorsed thereon or attached thereto.

48. Warranty of Title. Contractor shall warrant to the District, its successors and assigns, that

the title to the material, supplies or equipment covered by the Contract, when delivered to the District or to its successors or assigns, is free from all liens and encumbrances.

49. Warranty of Fitness. Contractor hereby warrants that all materials furnished shall meet the

requirements and conditions of the Bid documents; shall be fit for the purposes intended and fulfill its design functions; shall be free of all patent and latent defects in design materials, and workmanship and perform satisfactorily.

It is understood and agreed that by acceptance of this warranty and the acceptance of materials or supplies to be manufactured or assembled pursuant to these Specifications, District does not waive any warranty, either expressed or implied in Sections 2312 to 2317, inclusive, of the Commercial Code of the State of California or any products liability of the Contractor as determined by any applicable decision of a court of the State of California or of the United States.

50. Time of Completion. The Contractor shall complete all or any designated portion of the

work called for under the Contract in all parts and requirements within the time set forth in the Special Provisions.

Time shall be computed starting the first day after the effective date of the Notice to Proceed and shall be considered complete when the vessel is first delivered alongside the dock at Larkspur. The effective date of the Notice to Proceed will be the date stated as such in the Notice to Proceed, provided that in no case will such effective date be earlier than the day following the issuance of such Notice to Proceed.

51. Or Approved Equal Clause. In order to establish a basis of quality, certain materials,

processes and type of machinery and equipment, or kinds of materials may be specified on the plans or herein, either by description of process or by designating a manufacturer by name or by referring to a brand of product designation, or by specifying a kind of material. It is not the intent of these Specifications to exclude other processes, equipment or materials of equal Value, Utility or Merit which are approved by the District.

52. Guarantees. All work, including all new work or repairs, is guaranteed by the Contractor

against failure, damage, defect, or non-compliance with the Contract, of any kind under normal operating conditions for a period of one (1) year from the date of District's acceptance of the completed Contract. Contractor shall furnish a Performance Bond therefor as provided in the Special Provisions. In addition to said guarantee of Contractor, the District shall have the benefits of any manufacturer's or builder's guarantee given by the manufacturer or builder of the items. Where any individual work item is incomplete at the time of acceptance by the District, the guarantee shall run from the date of completion of such item. If the Contractor


fails to proceed promptly with any repairs as directed by the District, such corrections and repairs shall be effected at the Contractor's expense at such time as the District may determine. The District may deduct the cost of such repairs from any amount owed to the Contractor or require the Contractor to reimburse such costs to the District. Such reimbursement shall be paid to the District within thirty (30) days from the date the District bills the Contractor.

53. Antitrust Claims. The Contractor's attention is directed to California Government Code

Section 4552, which shall be applicable to the Contractor and its subcontractors: In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder.

54. Environmental and Safety and Health Standards Compliance. Contractor shall comply

with applicable environmental statues, regulations and guidelines in performing the work under this Contract. The Contractor shall also comply with applicable Occupational Safety and Health standards, regulations and guidelines in performing the work under this Contract.

55. Diversity Program for Contracts. The District, recipient of federal financial assistance

from the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA), is committed to and has adopted a Diversity Program for Contracts in accordance with federal regulations 49 CFR Part 26, issued by the U. S. Department of Transportation (U.S. DOT).

It is the policy of the District to ensure nondiscrimination in the award and administration of all contracts and to create a level playing field on which Disadvantaged Business Enterprises (DBEs) can compete fairly for contracts and subcontracts relating to the District's construction, procurement and professional services activities. To this end, the District has developed procedures to remove barriers to DBE participation in the bidding and award process and to assist DBEs to develop and compete successfully outside of the DBE Program. In connection with the performance of this Contract, the Contractor will cooperate with the District in meeting these commitments and objectives. The District reserves the right to require the Contractor to provide additional DBE information. Pursuant to 49 CFR §26.13, and as a material term of any agreement with the District, the Contractor hereby makes the following assurance and agrees to include this assurance in any agreements it makes with Subcontractors in the performance of this Contract:

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 U.S. DOT-assisted Contracts. Failure by the Contractor or Subcontractor 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 District deems appropriate.

By submitting a bid, the Contractor is deemed to have made the foregoing assurance and to be bound by its terms. For DBE questions and assistance, contact Gail Jackson, DBE Program Administrator, at

(415) 257-4581. 56. Equal Employment Opportunity. In connection with the performance of this Contract, the

Contractor shall not discriminate against any employee or an applicant for employment because of race, color, religion, gender, national origin, ancestry, age, marital status, pregnancy, medical condition, disability, or sexual orientation as provided for in Federal, State and local laws in consideration of an award.

The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to the above factors. Such actions shall include but not be limited to the following: demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay; other forms of compensation; and selection for training, including apprenticeship.

57. Rights and Remedies of the District. The rights and remedies of the District provided

herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

58. Disqualification Questionnaire. The Contractor shall submit, prior to execution of this

Agreement, documentation showing whether or not the Contractor, any officer of the Contractor, or any employee of the Contractor, has ever been disqualified, removed, or otherwise prevented from bidding on or completing any federal, state or local government project because of a violation of law or safety regulation. For this purpose, Contractor must complete the form entitled “Disqualification Questionnaire,” which is included in the Bidder’s Statement of Qualifications Questionnaire and Financial Statement with Business References.

59. Bid Protest Procedures. The District maintains written procedures that must be followed

for all Bid protests. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure shall be filed in writing with the Secretary of the District at least five (5) calendar days prior to Bid opening. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon the District staff's recommendation for award of the Contract shall be submitted in writing to the District Secretary within forty eight (48) hours from receipt of the notice from the District advising of the staff recommendation for contract award. The protest must clearly specify in writing the grounds and evidence on which the protest is based.


Copies of the complete Bid protest procedure are available at the Office of the District Secretary, Administration Building, Toll Plaza, Golden Gate Bridge, San Francisco, CA.

60. Air Pollution Control. The Contractor shall comply with all air pollution control rules,

regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. Material to be disposed of shall not be burned, either inside or outside the work site.

61. Water Pollution Control. The Contractor shall comply with all water pollution control

rules, regulations, ordinances and statutes which apply to any work performed pursuant to this Contract.

The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, coastal waters and other bodies of water from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials, and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said waters.

62. Compliance with Law

(a) The Contract documents, and the rights of the parties thereunder, shall be interpreted in accordance with the laws of the State of California.

(b) The Contractor warrants that all operational practices of the Contractor, and all

workmanship and material, equipment and articles used in the performance of the work hereunder shall be in accordance with the rules and requirements of the United States Coast Guard and the American Institute of Electrical Engineers in effect at the time of Contractor's submission of Bid. In addition, all safety orders, rules and recommendations of the State of California, Division of Industrial Safety, and the United States Department of Labor, Occupational Safety and Health Administration applicable to the work to be done under this Contract shall be obeyed and enforced by the Contractor.

63. Discharge of Liens. The Contractor shall pay all costs and expenses incident to any work

performed by it or for its account, and shall not (a) create, incur, suffer or permit to be placed or imposed upon the vessel, or portion thereof upon which work is performed any maritime lien or other lien or encumbrance or charge in any way arising from any act or omission of the Contractor; or (b) incur any debts, obligations or charge upon the credit of the vessel. The Contractor shall orally or in writing inform all persons dealing with it in performing the work of the provisions of this paragraph.

The Contractor shall immediately discharge or cause to be discharged any lien or right in rem of any kind, other than in favor of the District, and if any such lien or right in rem is not immediately discharged, the District may, after notification to the Contractor, discharge or cause to be discharged such lien or right at the expense of the Contractor.


64. Title. Title to all materials and equipment to be incorporated in the vessel or any part thereof, or to be placed upon the vessel or any part thereof in accordance with the requirements of the Contract, shall vest in the District upon delivery of the vessel to the District. Any equipment, material, scrap or salvage removed from the vessel remains the property of the District unless relinquished in writing.

FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH IN THE DISTRICT'S WRITTEN BID PROTEST PROCEDURES MAY RESULT IN REJECTION OF THE PROTEST.

SPECIAL PROVISIONS

2013-FT-4 Special Provisions SP-2 02/05/2013

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORATATION DISTRICT


GOLDEN GATE FERRIES

SPECIAL PROVISIONS

Coordination of General Conditions and Instructions for Bidders, Special Provisions, and Technical Specifications

. The General Conditions and Instructions for Bidders, Special Provisions, and Technical Specifications are intended to be complementary and to describe and provide for a complete work. In the event that there are inconsistencies or discrepancies between provisions contained in these components of the Contract Documents, the Special Provisions and Technical Specifications shall govern over the General Conditions and Instructions for Bidders.

SECTION 1. BID REQUIREMENTS AND CONDITIONS 1.1 Bid Invited

. The Golden Gate Bridge, Highway and Transportation District (District) invites bids for a Contract to furnish Automatic Identification System (AIS) and Installation Services for the Golden Gate Ferries, in full accordance with these specifications.

1.2 Schedule of Activities

. Listed below is the “Schedule of Activities” which outlines pertinent dates of which Bidders should make themselves aware.

DATE ACTIVITY Tuesday February 12, 2013 @ 10:00 a.m.

Pre-Bid Meeting, Golden Gate Ferry, Larkspur Ferry Terminal

Friday, February 22, 2013 @ 4:30 p.m.

Written requests for approved equals/modifications/clarifications are due.

Tuesday, February 26, 2013 District will respond to requests for approved equals (Postmarked).

Tuesday, March 5, 2013 @ 2:00 p.m.

Bid Opening. Golden Gate Bridge, Highway and Transportation District Administration Building Golden Gate Bridge Toll Plaza San Francisco, CA 94129-0601

1.3 Bid Form. Bids shall be submitted on the District’s “Bid Form” attached hereto,

enclosed in a sealed envelope marked “CONTRACT NO. 2013-FT-4, AUTOMATIC IDENTIFICATION SYSTEM AND INSTALLATION FOR GOLDEN GATE FERRIES,” and plainly endorsed with the Bidder’s name and address. Bids must be received by the Secretary of the District, Golden Gate Bridge, Highway and Transportation District, at its mailing address P.O. Box 9000, Presidio Station, San Francisco, CA 94129-0601, or by courier or personal delivery to the Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA 94129 by Tuesday, March


5, 2013, at 2:00 p.m. Pacific Standard Time, at which time they will be publicly opened and read in the Board Room of said building.

The Total Bid Price shall include all labor, equipment, materials, applicable taxes, delivery charges, training, warranties, insurance, license fees, bonds, and all other costs necessary for the furnishing of Automatic Identification System (AIS) and Installation Services for the Golden Gate Ferries. Each Bid Form must be signed on Bid Form page 2 by one or more individuals with authority to bind the Contractor to the bid. Please refer to Section 3 of the General Condition and the Bid Form. All bids without the appropriate signature(s) on Bid Form page 2 may be deemed non-responsive and may result in the rejection of the bid. Bidder must submit the three-page Bid Form properly executed.

1.4 Documents to Accompany Bid

. The Bid shall be accompanied by the following:

1. A Bidder’s Bond, certified check or cashier’s check, or an irrevocable standby letter of credit required by Special Provision 1.7, in an amount of at least ten percent (10%) of the Total Bid Price

2. Certificate of Insurance in accordance with Special Provision 3.1.C 3. Qualification Questionnaire and Financial Statement with Business References in

accordance with Special Provision 1.8 4. Lobbying Certification 5. Copy of DBE Certification, if applicable 6. Acknowledgment of Addenda, if any

1.5 A Pre-Bid Conference

A pre-bid conference will be held at the Golden Gate Ferry, Larkspur Ferry Terminal, 101 E Sir Francis Drake Blvd., Larkspur, on Tuesday, February 12, 2013, at 10:00 a.m., Pacific Standard Time. Attendance at the Pre-Bid Conference is not mandatory but is strongly recommended

1.6 Examination of Contract Documents and Site of Work

. The Bidder shall have examined carefully the Contract Documents. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, as to the quantities of materials to be furnished, and as to the requirements of the Contract Documents.

1.7 Bidder’s Security

. As required by Section 15 of the General Conditions and Instructions for Bidders, the Bidder’s Security to be submitted with the Bid shall be in the amount of at least ten (10) percent of the Total Bid Price as specified on the Bid Form.

1.8 Bidder’s Statement of Qualifications and Business References

. The Bidder must submit with its Bid the Qualification Questionnaire and Financial Statement with Business References included in the Contract Documents. The District may reject a Bid as non-responsive if the Bidder does not provide all the information and data in the form and format requested.


The District may reject the Bid of any Bidder deemed not to possess the minimum qualifications to perform the work under this Contract. No Bid will be considered unless all information and data requested is provided in the form and format requested. All forms shall be signed by a person or persons duly authorized to do so. In order to be deemed minimally qualified; a Bidder must meet the following minimum qualifications: A. Have performed at least three contracts in the last five (5) years involving the

installation and wiring of complex interfaced marine electronics.

B. Must be capable of meeting all requirements of the Contract Documents; and C. Must have the financial capacity to undertake the project in the time allowed. Upon request by the District, a Bidder shall authorize the District to obtain any information pertinent to the ability of the Bidder to perform the work under this Contract, including information relating to the Bidder's net worth, assets and liabilities, surety companies and material and equipment suppliers. To the extent permitted by law, financial data submitted for qualification purposes shall be kept confidential if so requested by Bidder.

1.9 Approved Equals

. It should be understood that specifying a brand name or specific types of units in these specifications shall not relieve the Bidder from its responsibility to furnish the end product in accordance with the warranty and contractual requirements. The Bidder is responsible for notifying the District of any inappropriate brand names, or types of units that may be called for in these specifications and to propose a suitable substitute for consideration.

Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process by trade name, make, or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition; and a Bidder may, at its option, use any equipment, material, article or process which, in the judgment of the District, is equal to that designated.

The Bidder shall furnish, at its own expense, all test results, technical data, and background information required by the District in making the determination as to whether the proposed unit is an approved equal. The District shall be the sole judge as to the comparative equality and suitability of alternative units, articles, material or process and its decision shall be final.

1.10 Request for Approved Equals, Modifications, or Clarifications. A Bidder may submit

to the District requests for approved equals, modifications, or clarifications regarding any requirements, terms, or conditions contained herein. Any such requests must be received by the Secretary of the District in writing by Friday, February 22, 2013, at 4:30 p.m., Pacific Standard Time. Any requests of approved equals must be fully supported with samples, technical data, test results, or other pertinent information as evidence that the substitute offered is essentially equal or better than that specified in the Contract Documents. The District shall make a determination on each Bidder’s request under this procedure in writing. The written determination shall be mailed or otherwise furnished to


the Bidder by Tuesday, February 26, 2013. Failure of the District to respond within the time limit shall be deemed to be a denial of request. In the event that a request for an approved equal, modification, or clarification is granted, an addendum detailing the approved equal, modification, or clarification will be mailed or otherwise furnished to all potential Bidders who received bid packets.

1.11 Single-Bid Response

. In the event of a Single-Bid response, the District reserves the right to conduct a price and/or cost analysis of the Bid to verify that the Bid price is fair and reasonable. The Bidder will be expected to cooperate in this process and to submit cost and pricing data to verify that the Bid price(s) is fair and reasonable. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost of the installation, equipment, and prices quoted and shall include the computations and projections used by the Bidder.

Failure to submit the data as requested by the District within ten (10) calendar days of the receipt of written notification to the sole offerer may result in the Bidder being declared non- responsive.

SECTION II. AWARD AND EXECUTION OF CONTRACT 2.1 Award of Contract. The award of the Contract by the District, if any, will be made

within ninety (90) calendar days after the Bid opening to the lowest responsive and responsible Bidder. Each Bid as submitted shall remain in effect for ninety (90) calendar days after the date the Bids are opened. No Bidder may withdraw its Bid during this ninety (90) day time period. Bidders shall submit quotes for all items under Category “A” on page BF-1 in the Bid Form section. The lowest responsive and responsible Bidder shall be determined by comparing and evaluating the Total Bid Price as specified on Line 14

of the Bid Form.

The District reserves the right to reject any and all Bids, to award a contract that does not include every item listed in Category “A”, or to waive any irregularities in any Bid or in the bidding procedure.

2.2 Performance Bond

. The Performance Bond as described in Section 27 of the General Conditions shall be in the amount of fifty percent (50%) of the Total Bid Price, as awarded by the District. Said bond shall guarantee the Contractor’s faithful performance of the Contract and compliance with all terms, conditions and requirements specified in the Contract Documents and shall remain in full force and effect for a period of twelve (12) months after the District’s final acceptance of the Contractor’s work on the ferries, in accordance with Special Provision 4.6 hereof. Provided, however, that upon completion of milestone #3 for "final acceptance of all remaining work" as specified in Special Provision 4.6 and 4.7, the amount of the Performance bond will be reduced such that it shall be in the amount of five percent (5%) of the Total Bid Price. The Contractor shall use the form entitled “Performance Bond” included in the Contract Documents.


2.3 Time of Performance. All the work relating to Automatic Identification System and Installation Services for the Golden Gate Ferries to be performed under this Contract, and described in the Technical Specifications, not including warranty service or post-warranty support, must be completed within FORTY-FIVE (45) CALENDAR DAYS

from the date the Notice to Proceed is issued.

2.4 Ferry Availability

. At this time, the District estimates that the Ferries will be available for the Contractor to start work on or about Monday, April 1, 2013. The District anticipates issuing a Notice to Proceed effective on that date.

The District reserves the right to change the availability date and time after giving twenty-four (24) hours prior notice to the Contractor. Any such change in availability date will not affect Contractor’s Time of Performance obligations provided for in Special Provision 2.3. The District will endeavor to give the Contractor as much notice as possible if the availability date will be changed.

SECTION III. INSURANCE 3.1 A.

Insurance Requirements

Contractor shall not commence work until proper evidence of insurance coverage of the types and amounts specified in this Section has been provided to District. Contractor shall not violate or permit to be violated any conditions or provisions of said policies of insurance, and at all times shall satisfy the requirements of the insurer for the purpose of maintaining said insurance in effect. If any claim is made by any third person against Contractor on account of any incident connected to the Contract, Contractor shall promptly report the fact in writing to District, giving full details of the claim. Any person, firm, or corporation that Contractor authorizes to work upon the District’s property, including any Subcontractor, shall be deemed to be Contractor’s agent and shall be subject to all applicable terms of this Contract. Prior to the Contractor’s start of the work or entry onto the District’s property, Contractor agrees to require its Subcontractors to procure and maintain, at Contractor’s (or its Subcontractor(s)’) sole cost and expense (and to prove to the District’s reasonable satisfaction that it remains in effect throughout the performance of the work under this Contract), the kinds of insurance described below. Such insurance must remain in effect throughout the term of this Contract and will be at the sole cost and expense of Contractor (or its Subcontractor(s)).

1.

Commercial General Liability Insurance

The Contractor shall, at its own expense, procure and maintain Commercial General Liability insurance providing bodily injury and property damage coverage with a combined limit of at least One Million


Dollars ($1,000,000) each occurrence. This insurance shall include but not be limited to premises and operations, contractual liability covering the indemnity provisions contained in this Contract, personal injury, products and completed operations, and broad form property damage, and include a Cross Liability endorsement. Said Policy shall protect Contractor and District in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the insurance company’s liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.

2.

Business Automobile Liability

Contactor shall, at its own cost and expense, procure and maintain Business Automobile Liability insurance providing bodily injury and property damage with a combined single limit of at least Two Million Dollars ($2,000,000) per occurrence for all owned, non-owned and hired automobiles. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from general liability insurance.

3.

Workers’ Compensation and Employers’ Liability Insurance

If Contractor employs any person to perform work in connection with this Contract, Contractor shall procure and maintain at all times during the performance of such work Workers’ Compensation Insurance, including Longshoreman’s and Harbor Workers Act Insurance, in conformance with the laws of the State of California, and Federal laws where applicable. Employers’ Liability Insurance shall not be less than Five Million Dollars ($5,000,000) for each accident and Five Million Dollars ($5,000,000) for each disease, with a policy limit of Five Million Dollars ($5,000,000). The policy shall contain a waiver of subrogation in favor of the Golden Gate Bridge, Highway and Transportation District and its officers, directors, employees, volunteers, and agents, while acting in such capacity, and their successors and assignees, as they now or as they may hereafter be constituted, singly, jointly, or severally.

4.

Ship Repairer’s Legal Liability

The Contractor will at its own expense procure, and thereafter maintain, Ship Repairer’s Legal Liability insurance coverage to insure the Contractor against its liability as a ship repairer in the amount of One Million Dollars ($1,000,000).


B.

General Insurance Requirements

1.

Acceptable Insurance

All policies will be issued by insurers acceptable to the District. This insurance shall be issued by an insurance company or companies authorized to do business in the State of California with minimum “Best’s” rating of A- and with minimum policyholder surplus of Fifty Million Dollars ($50,000,000) or a company acceptable to District in its sole discretion. All policies shall be issued in a form satisfactory to the General Manager of the District and shall be issued specifically as primary insurance. Workers’ Compensation coverage requirements may be met with the California State Compensation Fund.

2.

Procure and Maintain Insurance

Contractor must, at its own cost and expense, procure and maintain at all times during the performance of this Contract, all of the required policies specified above. The failure to procure or maintain the required insurance policies and/or an adequately funded self-insurance program acceptable to the District will constitute a material breach of the Contract.

3.

Terms of Policies

All insurance specified above shall remain in force until all work to be performed is satisfactorily completed. If the insurance is provided on a claims-made basis it must remain in force for the entire term of the Contract and a minimum of three (3) years thereafter.

4. Self-Insurance

Upon evidence of financial capacity satisfactory to the District and Contractor’s agreement to waive subrogation against the District respecting any and all claims that may arise, the Contractor's obligations hereunder may be satisfied in whole or in part by adequately funded self-insurance.

5.

Deductibles and Retentions

The Contractor shall be responsible for payment of any deductible or retention on the Contractor’s policies without right of contribution from the District. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the Named Insured is unacceptable. In the event that the policy of the Contractor or any subcontractor contains a deductible or self-insured retention, and in the event that


the District seeks coverage under such policy as an additional insured, the Contractor shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Contractor, subcontractor, or any of their officers, directors, employees, agents, or suppliers, even if the Contractor or subcontractor is not a named defendant in the lawsuit.

C.

Evidence of Insurance and Endorsements

Prior to commencing of work or entering onto the District’s property, Contractor shall file a Certificate of Insurance with the District evidencing the foregoing coverages, including the following endorsements:

1. The insurance company(ies) issuing such policy(ies) will provide at least

thirty (30) days’ notice to the District of cancellation or non-renewal.

2. That the policy(ies) is primary insurance and the insurance company(ies) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim that Contractor is liable for under this Section, up to and including the total limit of liability, without right of contribution from any other insurance maintained or which may be maintained by the Golden Gate, Highway and Transportation District.

3. Such insurance shall include as additional insureds the Golden Gate

Bridge, Highway and Transportation District, and its respective directors, officers, employees, and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly, or severally.

4. The policy must also contain either a Cross Liability endorsement or

Severability of Interests Clause and stipulate that inclusion of the District as an additional insured will not in any way affect the District’s rights as respects any claim, demand, suit or judgment made, brought, or recovered against the Contractor. Said policy shall protect Contractor and the District in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the insurance company’s liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.

D.

Consequence of Lapse

Should any required insurance not be procured or lapse during the term of this Contract, requests for payment originating after such lapse will not be processed until the District receives satisfactory evidence of reinstated coverage as required by the Contract. If insurance is not reinstated, the District, may, at its sole option, terminate this Contract effective on the date of such lapse of insurance.


SECTION IV. CONTRACT PERFORMANCE 4.1 General

. The Contractor shall perform all work and undertake all services detailed in the Contract Documents in accordance with the specified requirements, terms, and conditions.

4.2 Guarantees

. All work, including all new work or repairs, is guaranteed by the Contractor against failure, damage, defect, or non-compliance with the Contract, of any kind under normal operating conditions for a period of one (1) year from the date of District's final acceptance of the equipment on each ferry as specified in Special Provision 4.6. The Contractor shall furnish a Performance Bond therefor as provided in the Special Provisions. In addition to said guarantee of the Contractor, the District shall have the benefits of any manufacturer's or builder's guarantee given by the manufacturer or builder of the items. Where any individual work item is incomplete at the time of acceptance by the District, the guarantee shall run from the date of completion of such item. If the Contractor fails to proceed promptly with any repairs as directed by the District, such corrections and repairs shall be effected at the Contractor's expense at such time as the District may determine. The District may deduct the cost of such repairs from any amount owed to the Contractor or require the Contractor to reimburse such costs to the District. Such reimbursement shall be paid to the District within thirty (30) days from the date the District bills the Contractor.

4.3 Performance Warranty

. The Contractor shall furnish the District with all warranties, including manufacturer's warranties, specified in the Technical Specifications, and submit them to the District prior to delivery and acceptance of the Ferries. All warranties shall commence upon final acceptance of any equipment by the District.

It is understood and agreed that the District does not waive any warranty, either express or implied, in Sections 2312 through 2317, inclusive, of the California Commercial Code, or any liability of the manufacturer or Contractor as may be determined by a decision of the court of the State of California or of the United States.

4.4 Location of Ferries

. The District will make each ferry available to the Contractor pierside at the Larkspur Terminal.

4.5 Progress of Work and Inspection

. Within three (3) calendar days of the District's issuance of Notice to Proceed, Contractor will provide for District's review and approval a work schedule that provides for all work to be completed within 45 days of Notice to Proceed. The work schedule must accommodate the District's ferry service schedule. The District will review and either accept or comment on the proposed work schedule within 48 hours of its submittal. The District shall have sole discretion to approve or reject the proposed schedule, and rejection shall not alter Contractor's obligation to complete all work within 45 days. Any changes to the work schedule must be made with District approval.


4.6 Final Acceptance

. Upon completion of work for each vessel, the District shall inspect and test the installed equipment, including any sea trials that it or the USCG determines necessary. Final Acceptance will be made for each vessel only upon the District's determination of satisfactory completion of the following items for each vessel:

a. Installation of all equipment and software. b. Satisfactory completion of all testing, sea trials, and inspections, by both the

District and the USCG as necessary. c. Completion of training for that vessel (two, two-hour trainings per vessel) d. Provision of all required as-built drawings. e. Provision of all required software license, manuals, and training materials. f. With regard to the fifth vessel, final acceptance shall also include acceptance by District of the spare equipment and software. If the District, as a result of its initial tests and inspection conducted after completion of the work but before final acceptance, determines that improvements or corrections are needed to fix deficiencies that are not conforming to these specifications, the Contractor shall make any necessary improvements or corrections of the ferries deficiencies within three (3) calendar days. If the Contractor fails or refuses to make the necessary improvements or corrections within three (3) calendar days, the District, at its option; assess liquidated damages pursuant to Special Provision 4.9; or deduct all costs and expenses incurred by the District from amounts due to the Contractor under this Contract. The Contractor agrees to pay such liquidated damages as provided, and in the case they are not paid, agrees that the District may deduct the amount from any money due or to become due the Contractor under the Contract.

4.7 Payment

. The District will make payments according to the milestone payment Schedule set forth in this section. All milestones are based on the requirements contained in the Technical Specifications. Upon completion of each milestone, to the District’s satisfaction and as determined in the District’s sole discretion, Contractor may submit an invoice for the payment associated with the completed milestone. The District shall make payment to the Contractor within thirty (30) days following the receipt of approved invoices; provided that Contractor must submit invoices within thirty (30) days of completion of a milestone and the District, in compliance with applicable grant requirements, reserves the right to reject any invoice submitted more than thirty (30) days following completion of the applicable milestone .

Upon making a milestone payment, the District is granted title to all work in progress, materials, equipment, machinery, fittings, items of outfit and furnished goods (hereinafter "property") for which the milestone payment was made. The District’s making of milestone payments does not constitute acceptance of any work by the District, which shall only occur as otherwise set forth in the contract documents. Nor shall making milestone payments alter Contractor’s responsibility for any damage to the vessel or to the property, which shall remain with Contractor at all times that Contractor is in control of the vessel or the property. Nothing in this paragraph shall undermine any rights that the District has under the Performance Bond and any insurance coverage pursuant to the Contract terms.


Following is the milestone payment schedule: 1. Final Acceptance of work on first vessel 20% of Total Contract Price. 2. Final Acceptance of work on third vessel 20% of Total Contract Price 3. Final Acceptance of work on fifth vessel 60% of Total Contract Price Prior to submission of an invoice for the last Milestone Payment, the Contractor shall furnish to the District satisfactory evidence that all liens, claims, and demands of Subcontractors, laborers and materialmen arising out of such work, are fully satisfied, and that all of the work is fully released from all liens, claims and demands of whatever kind and nature and whether just or otherwise.

The Contractor’s acceptance of Milestone Payment #3, whether such payment be made pursuant to any judgment of any court, or otherwise, shall constitute and operate as a release to the District of any and all claims of the Contractor and liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of this Contract and the work done hereunder, and for any prior act, neglect or default on the part of the District or any of its directors, officers, agents or employees excepting only a claims against the District for the amounts deducted or retained in accordance with the terms and provisions of this Contract by law.

Should the Contractor refuse to accept the final payment as tendered by the General

Manager, it shall constitute waiver of any right to interest thereon. 4.8 Failure to Complete Contract – Effect

. Attention is directed to Section 40 of the General Conditions relating to Failure to Complete Contract. Section 40 of the General Conditions shall not apply to delays which result from strikes, government controls or other causes beyond Contractor's control.

4.9 Liquidated Damages

. Attention is called to Section 44 of the General Conditions relating to liquidated damages. In the event that the work to be performed under this Contract is not completed within the time specified in Special Provision 2.3, liquidated damages shall be in the amount as follows: Five Hundred Dollars ($500) for each and every calendar day or part of a day over twelve (12) hours that the work is not completed between one and fifteen days of the time specified in Special Provision 2.3; One Thousand Dollars ($1,000) for each and every calendar day or part of a day over twelve (12) hours that the work is not completed between sixteen (16) and forty-five (45) days of the time specified in Special Provision 2.3; and Fifteen Hundred Dollars ($1,500) for each and every calendar day or part of a day over twelve (12) hours that the work is not completed within forty-five (45) days of the time specified in Special Provision 2.3.

Liquidated Damages shall not apply to delays which result from strikes, government controls or other causes beyond the Contractor's control.

4.10 Protection of Property. The Contractor shall exercise every precaution to insure that no injury or damage occurs to District property as a result of its operations. Should any existing property be damaged by or through any of the Contractor's operations, such


injury or damage shall be replaced or repaired immediately by the Contractor, at Contractor's sole cost, in a manner satisfactory to the District.

4.11 Termination

. The District may terminate the Contract for convenience for any reason at any time by giving the Contractor fifteen (15) days notice thereof. Notice of termination shall be by Certified Mail. Upon termination for the convenience of the District, the District shall pay Contractor the allowable costs incurred to the date of termination and those costs deemed reasonably necessary by the District to effect the termination. In the event that Contractor breaches the terms or violates the conditions of this Contract, and does not correct such breaches or violations within ten (10) days following notice thereof from the District, the District may immediately terminate the Contract and shall pay Contractor only for work performed in full conformance with the specifications to the date of termination, less any costs incurred by the District to repair work not in full conformance with the specifications of this Contract. Notwithstanding the foregoing, the District expressly reserves the right to reject any goods or work as non-conforming that is completed later than 45 days after Notice to Proceed, and expressly reserves the right to terminate the Contract for breach without the opportunity to cure in the event that Contractor does not complete all work within 45 days of Notice to Proceed. The District reserves the right to pursue any and all remedies available in equity or law in the event the District suffers any damages due to Contractor’s breach of the terms or violation of the conditions in this Contract, and Contractor does not correct such breaches or violations within the ten (10) day period.

SECTION V. FEDERAL REQUIREMENTS. This contract is partially funded with assistance from the Department of Homeland Security and the Marine Exchange of the San Francisco Bay Region. The following provisions apply: 5.1 Fly America Requirements

. The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America Act”) in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients and subrecipients of Federal funds and their Contractors are required to use U.S. flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. The Contractor agrees to include the requirements of this Section in all subcontracts that may involve international air transportation.

5.2 Cargo Preference Requirements. The Contractor agrees: (a) to use privately owned United States Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract by ocean vessels to the extent such vessels are available at fair and reasonable rates for


United States-flag commercial vessels; (b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the District (through the Contractor in the case of a subcontractor's bill-of-lading); and (c) to include these requirements in all subcontracts issued pursuant to this Contract when the subcontract may involve the transport of equipment, Material, or commodities by ocean vessel.

5.3 Energy Conservation

. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Federal Energy Policy and Conservation Act, 49 U.S.C. §§ 6321 et seq.

5.4 Clean Water and Air Requirements

.

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the Clear Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor agrees to report each violation to the District and understands and agrees that the District will, in turn, report each violation as required .

2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in part or in whole with federal assistance.

5.5 Recycled Products

. The Contractor will comply with Section 6002 of the Resource Conservation and Recovery Act, 42 USC § 6962, as may be amended, including but not limited to the provisions of 40 CFR Part 247 and Executive Order 12873 as they apply to the procurement of recycled goods, specifically, those items enumerated in 40 CFR Part 247, Subpart B. The Contractor shall include this requirement in any subcontract under this Contract valued at over $10,000.

5.6 Lobbying

. The Contractor shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Contractor shall certify that it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures shall be forwarded to the District. Contractor shall ensure that all of its subcontractors under this Contract shall certify the same. The District is responsible for keeping the certification of the Contractor, who is in turn responsible for keeping the certification forms of subcontractors.


The Bidder shall complete Standard Form SF-LLL, "Disclosure of Lobbying Activities," which is included with the Bid Documents, including instructions for completion. 5.7 Access to Records and Reports

. Contractor shall provide all authorized representatives of the District, the Marine Exchange of the San Francisco Bay Region, the federal government, the State Auditor, and the Comptroller General of the United States access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, copies, examinations, excerpts and transcriptions. Contractor also agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain the same until the District, the Marine Exchange of the San Francisco Bay Region, the federal government, the State Auditor, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

5.8 Federal Changes

. Contractor shall at all times comply with all applicable regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement between the District and the Marine Exchange of the San Francisco Bay Region , as they may be amended or promulgated from time to time during the term of this Contract. Contractor's failure to so comply shall constitute a material breach of this Contract.

5.9 No Government Obligation to Third Parties

.

1. The District and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the District, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

2. The Contractor agrees to include the above clause in each subcontract financed in

whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

5.10 Program Fraud and False or Fraudulent Statements and Related Acts

.

1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the project for which this Contract work is being performed. In addition to other penalties


that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

5.11 Government-Wide Debarment and Suspension

.

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, Bidder certifies as follows: The certification in this clause is a material representation of fact relied upon by the District. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Bidder or Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5.12 Civil Rights Requirements

.

The following requirements apply to the underlying contract:

1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.


2. Equal Employment Opportunity

(a)

- The following equal employment opportunity requirements apply to the underlying contract:

Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq

(b)

., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

Age

(c)

- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

Disabilities

3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance, modified only if necessary to identify the affected parties.

- In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

SECTION VII. HAZARDOUS CHEMICALS AND WASTES


For the purposes of this Section only, the term "claims" shall include (a) all notices, orders, directives, administrative, or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction, and (b) any claim, cause of action, or administrative or judicial proceeding brought against the District, its directors, or employees, or for any loss, cost (including reasonable attorney's fees), damage, or liability, sustained or suffered by any person or entity, including the District. The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract. The Contractor shall immediately report any such release to the Marine Engineer. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the District by any agency as a result of such release and shall hold harmless, indemnify, and defend the District from any claims arising from such release. If the performance of the work outlined by these Contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA generator number. In no event shall the District be identified as the generator. The Contractor shall notify the Marine Engineer of any such hazardous wastes and the District reserves the right to a copy of any test conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall hold harmless, indemnify, and defend the District from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor.

1



GOLDEN GATE FERRIES

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS Section numbering follows SWLIN Numbers in NAVSEA S9040-AA-IDX-010/SWBS 5D, Expanded Ship Work Breakdown Structure for All Ships and Ship/Combat Systems dated 13 February 1985. SWBS SECTION DESCRIPTION PAGE(S)

000 GENERAL PROVISIONS TS-3

0.1 GENERAL SCOPE TS-3

0.2 ABBREVIATIONS TS-3

0.3 EXPANDED DEFINITIONS TS-5

0.4 INTENT & GENERAL SPECIFICATION REQ. TS-7

0.5 DRAWING CORRESPONDENCE & COMMUNICATION PROCEDURES

TS-9

0.9 LAWS, CLASSIFICATION, RULES, REGULATIONS, TS-9

0.10 CONTRACT AND GUIDANCE DRAWINGS TS-10

0.15 VENDORS/SUBCONTRACTORS TS-11

0.16 ACCESS TO YARD/VESSEL/DOCUMENTS TS-11

0.18 INSPECTIONS TS-12

0.19 PROGRESS REVIEW MEETINGS TS-13

0.20 GUARANTEES TS-13

0.21 MATERIALS AND WORKMANSHIP TS-14

0.22 CONTRACTOR’S OBLIGATION TS-15

0.23 HULL AND STRUCTURAL PROTECTION

TS-15

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BID FORM CATEGORY “A” WORK SPECIFICATIONS 080 LOGISTICS AND SUPPORT 080.1 CONTRACTOR PROVIDED SUPPORT TS- 16 100 STRUCTURAL TS-17

110.3 ELECTRICAL FOUNDATIONS TS-17

150.1 ANTENNA FOUNDATION MODIFICATIONS TS-17

150.2 PILOTHOUSE CONSOLE MODIFICATIONS TS-17

400 ALARMS -- INTERNAL COMMUNICATION TS-18

420.1 NAVIGATION & COMMUNICATION EQUIP TS-18

420.1.1 General Scope TS-18

420.1.2 Reference Drawings (appendix “B” TS-30) TS-18

420.1.3 Primary Pilothouse Equipment Actions MARIN TS-18

420.1.3 Primary Pilothouse Equipment Actions SONOMA TS-20

420.1.3 Primary Pilothouse Equipment Actions SAN FRAN TS-21

420.1.3 Primary Pilothouse Equipment Actions MENDOCINO TS-23

420.1.3 Primary Pilothouse Equipment Actions DEL NORTE TS-24 600 COATINGS, INTERIOR SPACES, MISCELLANEOUS TS-26

602.1 LABELS AND MARKINGS TS-26 900 TESTS & TRIALS, SERVICES TS-27

982.1 GENERAL SCOPE TS-27

APPENDIX “A” ANTENNA EXAMPLE PHOTOGRAPHS TS-28

APPENDIX “B” ONE LINE DRAWINGS TS-32

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000 GENERAL PROVISIONS

0.1 GENERAL SCOPE These SPECIFICATIONS and the accompanying Guidance Drawings provide for the purchase of Automatic Information System operating software and hardware and installation of the same on five District Vessels, M/S Marin, M/S Sonoma, M/S San Francisco, M/V Del Norte and M/V Mendocino. It is the intention of the District that the contractor provides all labor, tools and material for removal of all existing AIS hardware and supporting hardware such as CPUs, antennas etc and for installation of new equipment. The Specification term “Provide and Install” means that the piece of equipment or system shall be purchased by the contractor and installed on the vessel in working condition. For example, floodlights or navigation lights that are to be “provided and installed” will be foundated, wired, powered, switched, and tested complete. If cable is required to bring power to a light that is to be “provided and installed,” that cable shall be provided and installed as part and parcel of the light installation. If a kick-pipe is required, that kick-pipe shall be part of the installation. Three of the aforementioned vessels are sister ships but do have subtle differences in structural detail and layout of other pilot house installed equipment. The M/V Del Norte and M/V Mendocino are of different design completely. Close inspection of all vessels by the CONTR is required. In all cases, on all drawings, and for all work in these Technical Specifications; the CONTR is responsible for shipchecking the vessels to confirm dimensions and quantities of structural and non-structural items. In particular, cut shapes indicated on structural drawings are for information purposes only. The CONTR shall be responsible for verification of all elements. These Specifications are Performance Based. The CONTR shall take delivery of the vessel pursuant to the Special Provisions. At the conclusion of the contract, the CONTR shall re-deliver the vessel to the OWNER’s Larkspur, CA terminal pursuant to the Special Provisions, fully functional and complete in all respects along with all required regulatory body documentation, certificates, licenses, letters, et cetera. 0.2 ABBREVIATIONS As used throughout these Specifications, the following partial list of terms and abbreviations shall have the meanings stated:

ABS American Bureau of Shipping ANSI American National Standards Institute ASME American Society of Mechanical Engineers

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ASTM American Society of Testing and Materials BOM Bill of Materials CFM Contractor Furnished Material or Cubic Feet per Minute CFR Code of Federal Regulations (substitute for USCG Requirements) COI Certificate of Inspection CONTR Contractor (same as YARD or SHIPYARD) CONTRACT Construction Contract between the Owner and the Contractor

including these Specifications and the accompanying Contract Drawings. These Specifications take precedent over drawings in cases of potential conflict, unless agreed otherwise.

CuNi Copper Nickel Alloy CRES Stainless Steel (SST) or (SS) DFM District Furnished Materials (same as OF & OFE) DWG Contract Drawing or Drawings E Emergency FRP Fiber Reinforced Plastic GGBHTD Golden Gate Bridge, Highway & Transportation District,

or Owner, or District IAF Installing Activity Furnished IWO In Way Of MD Main Passenger Deck, Main Deck MSO Marine Safety Office, USCG MSC Marine Safety Center, USCG Headquarters, Washington, DC OCMI Officer in Charge of Marine Inspection OEM Original Equipment Manufacturer OF or OFE Owner Furnished or Owner Furnished Equipment (DFM) OR Owner's Representative

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OWNER Golden Gate Ferry District (GGBHTD) or District P Port POC Point of Contact QA Quality Assurance S Starboard SEAL WELD Structure which is double continuously welded SST Stainless Steel (CRES) SWBS Ship Work Breakdown Structure (numbering system) TBD To Be Determined UPD Upper Passenger Deck, Upper Deck USCG United States Coast Guard USG U.S Gallons WTD Watertight Door(s) YARD Contracting Shipyard (same as CONTR)

0.3 EXPANDED DEFINITIONS

0.3.1 OWNER FURNISHED

It is the intention of the District that owner furnished equipment be limited to the engineered satellite compass foundation mast assembly. This will be an FRP extension mast that will be bolted to the top of the exiting masts. This is required so that the satellite compass antenna will be located above all other obstructions so it can function properly. All equipment herein specified as Owner Furnished (OF) is to be installed by the Yard in such condition that it is completely serviceable under normal conditions of vessel operations. Such installations are to adhere to all applicable rules, regulations, and specifications of Regulatory Agencies and are to be to the satisfaction of the OR. This includes, but is not limited to, the following:

• time and materials for receipt, inspection, unpacking, and yard movement • time and materials for assembly • time and materials for positioning and proper securing • time and materials for connections of piping, wiring, et cetera • time and materials for operational testing

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All equipment, which is not herein, specified as either Owner Furnished (OF) or “existing” shall be provided and installed as detailed above by the Contractor (CONTR). 0.3.2 GOOD SHIPBUILDING PRACTICE The term "good shipbuilding practice" means construction practices, which are in accordance with soundly engineered and approved detailed drawings. These drawings are to meet the detailed requirements contained within this document of Specifications and the DWGS. Construction and testing shall conform to regulatory agency and industry accepted standards so as to ensure that the vessel will meet the general and particular design requirements. 0.3.3 QUALITY ASSURANCE Inspections by the OR are for the purpose of verifying the CONTR’s Quality Assurance Program. OR inspections are not to be used as a substitute for in-process control of quality by the CONTR.

0.3.4 IN PROGRESS SUBSTITUTIONS It is the intent of these Specifications that all equipment shall be provided as specified herein or as specified on the DWGS. Substitutions may be considered on a "case by case" basis upon timely written notice from the CONTR to the OR; or, in the case of an OWNER generated substitution, upon timely written notice from the OR to the CONTR. Such written notice shall include written documentation that the equipment and/or components proposed qualify as equal to those specified and that spare parts and service for them are readily available. The OWNER or CONTR is under no obligation to accept substitutions by either party of any materials or equipment unless this written process is adhered to and both have signed off in agreement.

0.3.5 SUBSTITUTION CHECK LIST The following list may be used as a guide for parameters to consider when bidding substitutions or proposing in progress substitutions:

• Regulatory Body approval • Dimensional characteristics • Conformance to salient features • Electrical characteristics • Weight • Capacities (GPM, pressure, volume, wattage, HP, et cetera) • Materials of Construction (high quality marine grade) • Quality of fabrication, welding, and construction details • Constructed to recognized standards (UL, IEEE, ANSI, ASTM, et cetera) • Functional characteristics • Safety features

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0.3.6 CONFLICTS - SPECIFICATIONS/DRAWINGS Where Specification and DWGS are not in agreement, it is the responsibility of the CONTR to notify the OWNER in writing that such a disagreement does exist and request resolution of same. Generally, the Specifications are to be considered senior to the Contract Drawings; however, there may be instances where, by mutual agreement, this priority may be reversed. Written notification, therefore, is essential and required.

0.4 INTENT AND GENERAL SPECIFICATION REQUIREMENTS

0.4.1 GENERAL

These Specifications and the accompanying DWGS provide for the removal of existing old equipment and replacement with new AIS equipment and supporting subsystems from power supplies through antennas and software. The vessels are specifically the Marin, Sonoma, San Francisco, Del Norte and Mendocino. Two District owned vessels, the M/V Golden Gate and M/V Napa have recently undergone a complete refurbishment including installation of all new pilot house navigation equipment and supporting subsystems which now provide the basic equipment installation layout required of this project. It is the intent of the District to follow this general layout as far as practicable for each vessel named in paragraph one of this section with the goal being to provide commonality of navigation equipment manufacturer, equipment installation and functionality. It is understood by the District that deviation from this general plan may be required in some cases but changes must be discussed and agreed to in advance of any work.

The GGBHTD will provide one line Navigation Electronics Guidance Drawings that provide basic information such as; equipment manufacturers, model numbers, general installation locations and equipment interface connections. Prospective bidders are encouraged to perform detailed shipchecks prior to bid submission, to identify interferences and/or inconsistencies which may not be readily discernable in drawings provided in the District’s bid package. Arrangements for vessel ship check availability can be made through the GGBHTD offices. The Guidance Drawings do not attempt to identify potential interferences or engineering details; therefore, it is the CONTR’s responsibility to identify and allow for the relocation of piping, wiring, foundations, and structures due to interferences and inconsistencies not identifiable in the plans supplied. Any such interferences or inconsistencies shall be brought to the attention of the OR and a resolution agreed upon by both the OR and CONTR. 0.4.4 ERRORS/OMISSIONS/CHANGE ORDERS

In the event that there are found to be errors or omissions in these Specifications or in the accompanying DWGS that would have an adverse affect upon the completion of this Contract and/or delivery to the OWNER of vessels that are complete, functional, and seaworthy, the CONTR shall call attention to such errors or omissions in his bid package.

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Minor design errors or omissions shall be addressed by the CONTR in the normal course of the Contract performance and in compliance with the Contract requirements to use Good Shipbuilding Practices and, at the conclusion of the Contract, to deliver to the OWNER a seaworthy, fully operational vessel which can immediately enter its intended commercial service. In the event that a quantity listed in the BOM of a drawing differs from the actual quantity depicted on the drawing, in the Specifications, or the quantity actually required to complete the work, the CONTR shall provide the quantity required to complete the work at no additional cost to the OWNER. Major design errors, omissions, or modifications shall be resolved by Change Orders. Change Orders must be submitted in writing and may be initiated by the CONTR or the OR. A Request for Change Order may be generated either by the CONTR or by the OR and shall be submitted in writing to the other party. This request shall clearly state the scope of work and the reason for the Change Order. A Request for a Change Order generated by the CONTR shall also state any effect this change will have on the Contract Schedule, displacement, centers of gravity, other elements of the contract work progress, and the cost of the Change Order. The receiving party shall provide a written response to the issuing party in a reasonable period of time (generally within 48 hours). A Change Order may be negotiated; and, if agreed to, both parties shall sign off on the Change as negotiated. It is the CONTR’s responsibility to accurately access all of the direct and indirect costs (including but not limited to all taxes, customs fees, shipping, special charges, et cetera) of ALL change orders whether generated by the CONTR or the OR. A Change Order signed by both parties becomes a part of the Contract and subject to the full extent the Contract language. When the CONTR signs a Change Order to provide the requirements of a Change Order, it is incumbent upon the CONTR to perform such services, provide such equipment, et cetera as delineated by the Change Order and for the cost quoted and agreed to in the Change Order. Any affect that a Change Order has upon the performance of the Contract must be clearly stated in writing and signed off by both parties prior to the commencement of Change Order work. 0.4.5 SPECIFICATIONS IN EXCESS Although the DWGS & Specifications contemplate vessels which will be modified in accordance with the requirements of the several regulatory bodies referred to herein; in certain respects, the DWGS and Specifications may be in excess of such requirements and must not be changed except on written approval of the OWNER (Ref. Section 0.10.3). 0.4.6 MANUFACTURERS' REPS Whether or not it is specifically stated in these Specifications, when it is required by the equipment manufacturer or by the specialized technical nature of the installation, and/or when work is outside the normal scope of the CONTR’s work force, the CONTR is to

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provide the services of Manufacturers' Representatives for such assistance and expertise as is required for the proper installation, on-line testing, calibration, adjustments, et cetera of Yard Furnished and OF equipment in excess of services provided for by GGBHTD from equipment purchase. 0.4.7 CERTIFICATION/DOCUMENTATION The CONTR shall, in a timely manner, provide the OWNER with information and certifications as may be required for the re-documentation and re-certification of the vessel. It is the OWNER's responsibility to retain these documents for presentation to Regulatory Body inspectors. The CONTR shall be responsible for the scheduling of all USCG inspections and for providing the OR reasonable advance notification (normally 24 hours) of when those inspections will take place.

0.5 DRAWING CORRESPONDENCE AND COMMUNICATION PROCEDURES The CONTR shall provide the OR with a copy of all correspondence relating to this vessel modification, which the CONTR has with Regulatory Bodies, in particular, the USCG, Marine Safety (MSC) Washington and the Local OCMI. The CONTR shall invite the OR to be present during all discussions relating to this vessel, which he may have with the Representatives of Regulatory Bodies, in particular, with the Local OCMI or representatives of that office. These documents and discussions may include, but are not limited to, the design, construction of modules, ripouts, and relocations, installation of equipment and machinery, stability, tonnage, testing, Sea Trials, delivery, and operation of the vessel. Requirements for planning, scheduling, drawings, material specifications, instruction manuals, et cetera are detailed herein. The CONTR shall submit his proposed Drawing, Correspondence, and Communication Procedures to the OWNER for approval within 30 days after Contract award. 0.9 LAWS, CLASSIFICATION, RULES, REGULATIONS, STANDARDS, &

CERTIFICATES

0.9.1 COMPLIANCE

The vessel, as delivered, shall comply with the requirements of relevant State and Federal Regulatory Agencies. These shall include:

• USCG: 46 CFR Subchapter K Passenger Vessel (Lakes, Bays & Sounds service) • USCG: Inland Rules of the Road • Institute of Electrical & Electronics Engineers Standards No. 45 • Federal Communications Commission

0.9.2 DOCUMENTATION All necessary certifications and/or documents covering the approval of and indicating compliance with subject regulations shall be obtained by the CONTR and supplied to the OWNER.

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0.10 CONTRACT AND GUIDANCE DRAWINGS

0.10.1 GENERAL

0.10.2 GUIDANCE DRAWINGS

One line guidance drawings that describe the general relationship between the major components in this project are included in Appendix B

0.10.3 EXISTING VESSEL INFORMATIONAL DRAWINGS Limited drawings of the electronic navigation aids in this five vessel project are available but are not guaranteed to accurately reflect the existing equipment as installed.

0.10.4 INTERFERENCES/ACCESS

The elimination of all equipment interferences; and the location or relocation of machinery, pumps, piping, wiring, ductwork and misc. equipment; so that proper access for operation and maintenance can be readily achieved, is the CONTR responsibility. It is essential that the CONTR is aware of this obligation. The CONTR is responsible to see that all installations are arranged, constructed, and/or relocated in "good shipbuilding practice" and that they adhere to the requirements of the CFR.

0.10.5 ENGINEERING

The CONTR is responsible to provide competent and professional construction engineering and design support to modify the vessel. Any construction details that are not shown on the Guidance Drawings that may be required for fabrication and/or construction guidance shall be developed by the CONTR and shall be approved by the OWNER and, if required, by the USCG. The CONTR shall provide sufficient and well-developed details to the OR prior to the construction or modification of the specific area in question. This requirement is particularly applicable to foundation sketches for all significant pieces of machinery that are added or relocated. The CONTR shall designate an individual as the CONTR Engineer/Designer for this Contract and shall notify the OWNER of the individual’s contact information. This individual shall serve as the contact person between the OWNER or OWNER's Design Agent(s), and the CONTR in matters of engineering and design until another individual is so designated.

The CONTR is responsible to satisfy electric power requirements for each piece of equipment as identified by the guidance drawings based on the M/V Golden Gate and M/V Napa navigation equipment. For example, power input for the AIS, satellite compass, flat screen monitor and GPS is generally 12/24V DC therefore the CONTR must provide sufficient electrical capacity sizing for all new DC equipment to be installed including cables and circuit breakers etc. based on engineering calculations and standards, (refer Institute of Electrical & Electronics Engineers Standards No. 45). All electrical power distribution plans for the installed equipment shall be provided to the OR for review and approval with associated calculations if required by the OR. A 24V DC

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load analysis shall be performed by the contractor and be provided to the owner the US Coast Guard for review and approval before any modifications and installation begins. This same requirement applies for any new AC installation. Power input for the navigation computer and associated UPS is generally 120V AC. Variation from this scheme may be required but it is incumbent upon the CONTR to follow as best is practicable. If the calculations indicate that larger battery banks are required the changing of the battery banks will be completed by the District as per the direction of the CONTR. Notwithstanding any requirements of this Section, it shall be the CONTR’s sole responsibility to determine and develop working drawings, which may be necessary to complete the vessel modifications as detailed in these Specifications and accompanying DWGS. When a CONTR has been approved by the OR for use of an “or equal” piece of equipment other than specified under the terms and conditions of Section 0.3.4, the CONTR shall be responsible to revise any and all DWGS associated with the installation of this equipment. All revised or original design and engineering drawings submitted to the OR by CONTR shall be in AutoCAD format and to the satisfaction of the OR. CONTR must provide an electronics one line AS BUILT drawing for the installation on each of the five District Vessels in this project that show the same level of detail as displayed by the District provided guidance drawings from the M/V Golden Gate and M/V Napa. This is required prior to the District issuing final acceptance of the installation.

0.15 VENDORS/SUBCONTRACTORS

0.15.1 VENDOR LISTING

The CONTR shall provide the OR with a listing of major Vendors and Subcontractors being employed on the contract. The list shall include name; address; telephone and fax numbers; e-mail address; purchase order or contract number; and an equipment or service description. This list will be for the purpose of enabling the OWNER to effectively communicate with vendors and subcontractors working on the job and to give a baseline for the entry of the vessel as converted into the OWNER’s electronic contact system. An initial Vendor/Contractor List shall be provided not more than 30 days after contract signing and shall be updated, as required, every 30 days thereafter over the course of the contract. At the OWNER’s request, the CONTR will make arrangements for the OWNER (at the OWNER’s expense) to visit the Vendor’s or Subcontractor’s facility for the purpose of quality assurance and/or testing.

0.16 ACCESS TO YARD/VESSEL/DOCUMENTS

0.16.2 ACCESS TO DOCUMENTS

The OWNER and/or OR shall have ready access during normal working hours to all documentation concerning the vessel including but not necessarily limited to: drawings;

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specifications; technical information; engineering calculations; schedules; test & inspection reports; relevant subcontractor documents; regulatory body reports; approvals; recommendations; and the Contractor’s detailed contract estimate.

0.18 INSPECTIONS

0.18.1 GENERAL

All materials and workmanship shall be subject to inspection by the OR, the USCG and other regulatory bodies having jurisdiction. All inspection and observation of tests by the OR will be performed in such a manner as not to unnecessarily delay the contract work. The OR shall promptly approve all work and material conforming to the requirements of this Specification and shall promptly reject all work and materials which do not conform. Such rejected work or material shall be satisfactorily corrected. No work will be considered to be accepted until USCG VTS has observed all new installations in operation and underway and confirmed signal strength and clarity to be within standards.

0.18.2 SCHEDULING & ATTENDANCE

The CONTR is responsible for scheduling and presenting all completed work for Acceptance Inspections and for giving written (email acceptable) adequate notice (normally 24 hours) to the OR and other required inspection agencies and Tech Reps that such work is complete, has been passed by the CONTR’s QA, and is ready for such inspection. Inspections shall, when possible, be scheduled and accomplished during normal workdays on the CONTR’s day shift. The initial schedule shall be provided to the OR, GGBHTD, Tech Reps (as appropriate), and the Local OCMI (Reference Section 0.19 Progress Review Meetings) within the time frame allotted under the special provisions. The OR will make every effort to maintain communications with the parties involved and to report to the inspection site per agreed schedule. If the OR is unable to keep the schedule, he shall notify the CONTR as soon as possible and reschedule for a mutually agreeable time. Failure of the OR to attend an inspection does not constitute an acceptance of the work. Inspections by the Coast Guard or other agency do not eliminate these requirements for inspection and acceptance by the OR.

0.18.3 PREPARATIONS

Work presented for inspection shall be complete in all respects, clean, free of debris, scrap, lines, welding wire ends and all temporary gear. Reasonable accommodations shall have been made for access, lighting, and fresh air supply in advance of the inspection party. Particular attention must be paid to the presence of any copper or copper-bearing metals aboard the vessel to prevent galvanic interaction with aluminum structures. The CONTR must ensure that all copper welding tips and welding wire fragments are removed from

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the vessel and that no copper-bearing anti-seize compounds are used. Anti-seize compounds should be nickel based.

0.18.4 COVERINGS

Prior to the application/installation of paint, deck covering, insulation, sheathing, joiner work, ceilings, et cetera, all structure and weld that is to be covered will be given final inspection and will be signed off on by the OR. Particular attention must be paid to all welds to ensure that they have been thoroughly wire-brushed and all weld smoke removed. Welds not passing visual inspection will be repaired to the satisfaction of OR. It must be clearly understood by the CONTR that the OR and/or the OCMI has the right and option to require removal of any or all coverings for inspection in worked areas that have not been previously inspected and passed. This requirement makes it essential that weekend and night shift foremen, for both CONTR and Subcontractors, be in close communication with the QA Department and OR. Modified work or modified areas are NOT to be covered or concealed until inspected and approved by the OR. 0.18.6 EQUIPMENT INSTALLATION COMPLETIONS

The intent of this paragraph is to guarantee that the OWNER will receive, at delivery, a fully operational vessel which is immediately capable of entering regular on-line service. Equipment and systems, which are operational upon the vessel’s delivery to the CONTR, are to be operational upon the delivery of the vessel back to the OWNER, unless they have been removed or de-activated under the terms of this Contract. Any pre-existing deficiencies discovered by the CONTR during the course of the contracted work, must be reported to the OR and a plan of remediation recommended. Any such deficiencies not covered in these Specifications or Drawings will be subject to correction at the OWNER's expense.

0.19 PROGRESS REVIEW MEETINGS The CONTR and OR shall hold progress review meetings every one (1) to two (2) weeks. Meetings shall be held at the OR’s facility or such other location as approved by both parties. Meetings will commence no later than two (2) weeks after the CONTR is given NTP. The purpose of the meetings is to discuss, report, and resolve problems relative to progress, anticipated delays, cost experience in relation to budget and projected end costs, staffing, schedules, receipt of Owner Furnished Equipment (if any), CONTR furnished material, production problems (including Subcontractor problems), and other related matters. 0.20 GUARANTEES

0.20.1 FACTORY WARRANTIES The CONTR shall be required to install and register warranties of all specified equipment such that all factory warranties shall be fully enforceable for the advertised period of coverage. All warranties will commence upon acceptance by District, regardless of when factory warranty commences—CONTR will be responsible, at its sole expense, for any

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extended warranty if the factory warranty commences sooner than acceptance by the District. Equipment includes but is not limited to the following factory warranties:

• Furuno Equipment two years • Paxcom marine computer, three years • APC Smart 1500 UPS, three years • Charles Battery Charger Five years • Hatteland monitor, one year

0.21 MATERIALS AND WORKMANSHIP

0.21.1 MATERIAL -- GENERAL

Material unless otherwise specified herein, shall be of commercial quality; suitable for marine environment; and shall conform to ASTM, SNAME, ABS or DNV, and USCG (CFR) requirements. This material shall be so designated on Bills of Material and on the DWGS. All materials shall be free from imperfections of manufacture and from defects, which adversely affect appearance or serviceability.

0.21.2 WORKMANSHIP -- GENERAL

Workmanship shall be first-class in all respects. All material, machinery, equipment, pieces and/or parts specified herein and installed in the modified vessel shall be suitable for the marine service intended. All installations on the visible portions of the vessels console shall be aesthetically pleasing. As such all installations shall be finished out to a level better than or equal to that of the M/V Golden Gate and M/V Napa to the satisfaction of the OR.

0.21.3 MATERIAL SPECS

Where Material Federal Specifications (MILSPECS) are referred to herein, they are referenced solely to indicate the degree of quality of material required. The furnishing of material or items in strict compliance with the detailed requirements of these Federal Specifications is not intended. 0.21.4 STORAGE/PROTECTION

All material and equipment intended for the vessel in any form, whether CONTR or OR, shall be adequately stored and protected from the elements and shall be given appropriate security by the CONTR. Due consideration shall be given to the nature of particular equipment or material with storage and security mutually agreed upon by OR and CONTR. Inside storage shall be required for all equipment and material that will be located on the interior of the vessel. The CONTR shall be responsible during construction and prior to final acceptance for the protection of all pre-existing, installed items and new items with finished surfaces, such as joiner panels, door frames, deck coverings, painted surfaces, carpeting, joiner ceilings, countertops, furniture, et cetera.

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Any soft material areas, such as (but not limited to) upholstery and carpeting, damaged by CONTR or his agents during course of this contract, will be replaced at CONTR expense.

0.21.5 EXCESS & REMOVED MATERIAL

All excess and removed materials shall be made available to the OR for inspection. Disposition of these materials shall be approved by the OR. The OWNER’s account shall be credited with any scrap monies collected as a result of excess and removed materials disposition. All materials removed shall be segregated as to the material (for example aluminum, CuNi, stainless steel, joiner work, et cetera) and placed in bins near the vessel. Periodically the OR will go through each bin and indicate the disposition of each item. The bins shall be used exclusively for materials removed from the OWNER’s vessel, and shall not be used for CONTR generated waste, or for materials from other vessels in the shipyard.

0.22 CONTRACTOR'S OBLIGATION

The CONTR is obligated to coordinate with GGF Operations and Maintenance Department Management regarding scheduling of work. At no time shall the CONTR have more than one vessel incapacitated due to execution of this project at one time and that vessel down time not exceed three consecutive 24 hour days per installation. The CONTR will be granted access to the vessels at the Larkspur Ferry Terminal 24/7 Monday through Friday. Limited access is also available on weekends by prior arrangement.

0.23 HULL AND STRUCTURE PROTECTION

0.23.1 WELDING

Rigid control of welding and grounding shall be maintained for the protection of hull and hull appendages. Care shall be taken that the welding polarity and ground connections of welding machines used on this vessel, other vessels in the immediate vicinity, or on the dock to which the vessel is moored shall be such as not to damage any parts of the vessel. The CONTR shall ensure that all control system and sensitive electronics have been electrically isolated as per the manufacturer’s requirements prior to any welding taking place.

0.23.3 DISSIMILAR METALS

All mounting hardware shall be installed using anti-corrosion product, TEF-Gel by ULTRA SAFETY SYSTEMS, between all dissimilar metals. The CONTR may use non-conductive sheet goods or spacers on a case-by-case basis with the approval of the OR. All nuts shall be Nylock style.

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SWBS - SPECIFICATIONS The following Specifications are arranged by SWBS numbers in Sections:

• 080 Logistics and Support • 100 Structural • 200 Mechanical • 300 Electrical – Power Generation • 400 Alarms, Internal Communications • 500 Piping, HVAC, Valves, Fire Suppression, Trim • 600 Coatings, Interior Spaces, Miscellaneous • 900 Tests, Trials, Services

BID FORM CATEGORY “A” WORK SPECIFICATIONS

080 LOGISTICS AND SUPPORT

080.1 CONTRACTOR PROVIDED SUPPORT CONTR to provide the following support for a period of 5 years from final acceptance:

• Annual navigation electronics systems inspection and adjustment as per manufacturer's preventative maintenance recommendations.

1. Antennas and cables – radar, radio, satellite compass and gps 2. Radar heading flasher adjustment 3. Radar image quality adjustment 4. Hardware cleaning, cooling fans etc. 5. Inspect rotating components – ex. radar antenna drive system 6. Software re-installation and version update, including on spare computers.

• The CONTR shall include costs associated with one AIS system computer swap

out on one vessel during daytime hours annually. The District shall direct the CONTR when and where to swap out the computer dependant on what vessel computer requires change out. This will include but is not limited to changing out of the computer hardware with District spare AIS computer. Configuring all software and system interfacing. Completing a one hour sea trial after successful dock trials to ensure the AIS system is fully functional. USCG verification of proper AIS system operation during sea trials shall be mandatory.

o Support shall be available 7 days a week, 24 hours a day. o The CONTR is required to respond by phone to emails and phone calls

within 2 hours. o The CONTR is required to respond in person, onsite within 24 hours to

effect the repairs. o If the CONTR is going to be out of communication they shall inform the

District of their alternate contact person prior being out of communication. The intent is that the District has a service and support contact at all times to support vessel operations.

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• The CONTR shall provide detailed written step by step instructions for AIS system trouble shooting. Up to and including swapping out of the AIS computer and configuring all AIS and MAXSEA software. 10 bound copies of the instruction shall be provided to the District including the electronic version of the document. The electronic document shall be reviewed and approved by the District prior to provision of hard copies. This shall be required prior to final acceptance.

• The CONTR shall provide the District vessel crews with specific training on all aspects of the AIS system hardware, software and the MAXSEA software. The training shall be conducted on the vessels underway and at the dock. The CONTR shall provide 2 hour training sessions and shall include in the bid price 20 such training sessions, each of which will have identical content. The schedule for the trainings shall be agreed upon by the CONTR and District vessel operations to ensure all crews receive training. This shall be required prior to final acceptance.

100 STRUCTURAL

The following Specifications and drawings referenced provide for the Structural Modifications required to be performed under this contract:

• 110.3 Electrical Foundations • 150.1 Antenna Foundation Modifications • 150.2 Pilothouse Console Modifications

110.3 ELECTRICAL FOUNDATIONS

110.3.1 GENERAL SCOPE

The CONTR shall rip out, modify, and/or install new navigation equipment foundations as per Section 420.1.3. Electrical foundations shall include navigation and power supply equipment and antenna foundations. New panels and equipment will be provided with new foundations. Generally, relocated panels and equipment will have existing foundations removed and new foundations provided and installed. Sketches of all foundations shall be provided to the OR prior to their installation. The foundations shall not be installed prior to the OR approving the foundation sketch. Any foundations installed without prior approval are subject to removal and replacement with a design approved by the OR.

150.1 ANTENNA FOUNDATION MODIFICATIONS

150.1.1 GENERAL SCOPE The CONTR shall provide and install adapter plates for new antennas which will be mounted on the existing foundations in the same locations as removed antennas. This is true except for the mounting of the satellite compass antennas. The new satellite compass antennas shall be foundated on the new fiberglass reinforced plastic (FRP) top mast extensions provided by the District. The new FRP top mast extensions are designed

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to locate the satellite compass antennas in a location that meets the manufacturers requirements.

150.2 PILOT HOUSE CONSOLE MODIFICATIONS


The intention of this project is to upgrade existing navigation equipment with new of equipment of similar size and design. It is not expected the new installations will require major alteration of the exposed pilot house console operating displays, however small alterations may be required. All installations are to be to the approval of the OR and are to be arranged ergomically and executed in a quality and craftsmanship like manner. For example, display modules are to be recessed into the console without gaps between surfaces and flush to the plane of the console panel. If filler plates are required they must be neat and trim and finished to match the existing surface. As such all installations shall be finished out to a level better than or equal to that of the M/V Golden Gate and M/V Napa to the satisfaction of the OR.

400 ALARMS – INTERNAL COMMUNICATIONS 420.1 NAVIGATION & COMMUNICATION EQUIPMENT


Two District owned vessels, the M/V Golden Gate and M/V Napa have recently undergone a complete refurbishment including installation of all new pilot house navigation equipment and supporting subsystems which now provide the basic equipment installation layout required of this project. It is the intent of the District to follow this general layout as far as practicable for each of the following District vessels; M/S Marin, M/S Sonoma, M/S San Francisco, M/V Mendocino and M/V Del Norte with the goal being to provide commonality of navigation equipment manufacturer, equipment installation and functionality. Commonality of installation begins with a standardized scheme to power the basic regulation required AIS transponder and MKD by using the vessel’s 12V DC or 24V DC battery system. Additionally, GPS and satellite compass navigation aids are also to be powered from the ships battery systems. The chart display monitor and navigation computer may be powered by 120V AC via appropriately sized UPS back-up devices that are plugged into breaker protected AC receptacles. The use of “power strips” is not acceptable. Electronic navigation system power sources must be very reliable and redundant therefore the complete system including battery chargers must be evaluated by the CONTR before alterations are made. Commonality of function is best defined by example: It is desired that AIS output will interface with radar #1 and radar #2 to provide an overlay of AIS data in conjunction with radar images. It is desired that GPS, satellite compass and AIS interface with ICOM VHF radios to provide DSC radio function.

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It is understood by the District that deviation from this general plan may be required in some cases but changes must be discussed and agreed to in advance of any work.

420.1.2 GUIDANCE DRAWINGS

Bruce S. Rosenblatt & Associates, LLC FT 2013-4 420.1.3 PRIMARY PILOTHOUSE NAVIGATION EQUIPMENT ACTIONS

M/S MARIN Radar #1 Provide AIS input and chart display overlay,

satellite compass and GPS input to existing Furuno 2117 radar.

Radar #2 Modify existing Furuno 8000 series radar to accept

AIS input and chart display overlay, satellite compass and GPS input.

AIS Transponder System Remove Simrad A 180 system in its entirety. Install

Furuno FA-150 system w/4.5” Display 12/24V DC with antennas. Fully Interface to both radars and navigation PC. CONTR to verify feasibility of reusing power source from Simrad A-180. CONTR to remove old foundations if not

reusable. Satellite Compass Install new FURUNO SC-50 w/new antenna model

SC-303. Fully Interface to radars, chart plotter, and AIS. 12/24V DC. CONTR to use power supply from abandoned EJ Ward monitoring system. CONTR to verify that reference power supply has sufficient ampacity, voltage drop and anything else needed to meet the manufactures warranty requirements to the satisfaction of the OR. Any required changes shall be addressed in the change order process.

Chart Plotter Replace existing unit with a new HATTELAND

19”, JH 19T14 MMD MA1-AOBA flat screen video monitor and adjustable monitor pedestal mount. Monitor location to be same as existing. Monitor size to be verified prior to ordering, available space may require a smaller monitor. Power supply is from APC SMART UPS 1500VA 120V AC.

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Computer Replace existing Dell with PAXCOM COMPUTER Model # SH61-TZ 120 VAC. Power supply is from APC SMART UPS 1500VA 120V AC.

Chart Plotter Software System shall be MAXSEA TZ Explorer. The PC

shall have the latest version of MS Windows operating system supported by MAXSEA TZ Explorer. MAXSEA software installed incorporating AIS/DGPS input.

Include the following charts: 1) MM#-USR-005 Raster US West Coast 2) MM3-USV-001 Vector US West Coast Computer & Chart Plotter UPS Replace existing UPS with APC SMART UPS

1500VA 120V Model # SMT1500. CONTR must verify that 1500VA will power both appliances for one hour . Any required changes shall be addressed in the change order process.

GPS Remove existing Furuno GP 32 replace with Furuno

GP 33 w/GPA017 Antenna 12/24V DC. CONTR to verify that power supply to existing GP 32 is adequate. Any required changes shall be addressed in the change order process.

VHF Marine Radio Replace existing West Marine VHF radio with

ICOM 504 and provide AIS and GPS input to both VHF radios.

M/S SONOMA Radar #1 Provide AIS input and chart display overlay,





Furuno FA-150 system w/4.5” Display 12/24V DC with antennas. Fully Interface to both radars and navigation PC. CONTR must provide new foundations if required by the OR and remove old foundations if not reusable.

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Satellite Compass Install new FURUNO SC-50 w/new antenna model SC-303. Fully Interface to radars, chart plotter, and AIS. 12/24VDC. CONTR to provide foundations except for new satellite antenna.


19”, JH 19T14 MMD MA1-AOBA flat screen video monitor and adjustable monitor pedestal mount. Monitor location to be same as existing. Monitor size to be verified prior to ordering, available space may require a smaller monitor.

Computer Replace existing Dell with PAXCOM COMPUTER

Model # SH61-TZ 120 VAC. Power supply is from APC SMART UPS 1500VA 120VAC. New foundation is required, existing location on pilot house console deck is not acceptable.

Chart Plotter Software System shall be MAXSEA TZ Explorer SW. The

PC shall have the latest version of MS Windows operating system supported by MAXSEA TZ Explorer. MAXSEA software installed incorporating AIS/DGPS input.

Include the following charts: 1) MM#-USR-005 Raster US West Coast 2) MM3-USV-001 Vector US West Coast

Computer UPS Replace existing UPS with APC SMART UPS

1500VA 120V Model # SMT1500. New foundation is required, existing location on pilot house console deck is not acceptable. Power supply is console receptacle from 120V AC panel 1PL section 2 breaker 1&3, (radar #1)

GPS Remove existing Furuno GP 32 and replace with

Furuno GP33 w/GPA017 Antenna 12/24V DC. VHF Marine Radio Replace existing West Marine VHF radio with

ICOM 504 and provide AIS and GPS input to both VHF radios.

12VDC Radio Battery Chargers Replace existing 20amp La Marche with Charles 20

amp. CONTR must provide new foundation if required by the OR and remove old foundation if not reusable.

24VDC Emer. Batt. Charger Replace existing 60 amp La Marche with Charles

60 amp. CONTR must provide new foundation if required by the OR and remove old foundation if not reusable.

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Establish new 24V DC navigation sub panel to be installed on pilot house console. Power to be drawn from existing spare breaker # 26 (15 amp) on the 24V DC panel in the ship’s office. The new sub panel, Blue Sea#8023 8 position 12/24V circuit breaker panel with backlighting as required for each of the following devices. The CONTR is responsible for proving that the new power supply panel and wiring meets all USCG and manufacturers requirements for a proper installation to the satisfaction of the OR. Any changes required shall be addressed in the change order process.

1. Furuno FA 150 AIS 3.65 amps @ 24V DC 2. Furuno SC-50 satellite compass 0.625 amps @ 24V DC 3. Furuno GP-33 GPS 0.12 amps @ 24V DC 4. Hatteland 19” flat screen monitor 5.0 amps @ 24V DC

Total 9.395 amps @ 24V DC M/S SAN FRANCISCO Radar #1 Existing Furuno 2115 will not accept AIS input,

chart overlay, satellite compass or GPS. The 2115 radar shall be replaced under a different contract to a standard radar similar to the other vessels.

Radar #2 Modify existing Furuno 8000 series radar, with

required Furuno circuit board to accept AIS input and chart display overlay, satellite compass and GPS input.


Furuno FA-150 system w/4.5” Display 12/24V DC with antennas. Fully Interface to both radars and navigation PC. CONTR must provide new foundations if required by the OR and remove old foundations if not reusable.

Satellite Compass Install new FURUNO SC-50 w/new antenna model

SC-303. Fully Interface to radars, chart plotter, and AIS. 12/24V DC. CONTR to provide foundations except for new satellite antenna.


19”, JH 19T14 MMD MA1-AOBA flat screen video monitor and adjustable monitor pedestal mount. Monitor location to be same as existing. Monitor size to be verified prior to ordering, available space may require a smaller monitor.

23

Computer Replace existing Dell with PAXCOM COMPUTER Model # SH61-TZ 120 VAC. Power supply is from APC SMART UPS 1500VA 120V AC. New foundation is required, existing location on pilot house console deck is not acceptable.


PC shall have the latest version of MS Windows operating system supported by MAXSEA TZ Explorer. MAXSEA software installed incorporating AIS/DGPS input. Include the following charts: 1) MM#-USR-005 Raster US West Coast 2) MM3-USV-001 Vector US West Coast

Computer UPS Replace existing UPS with APC SMART UPS

1500VA 120V Model # SMT1500. New foundation is required, existing location on pilot house console deck is not acceptable. Power supply is console receptacle from 120V AC panel 1PL section 2 breaker 1&3, (radar #1)


Furuno GP33 w/GPA017 Antenna 12/24V DC. VHF Marine Radio Provide AIS and GPS input to both existing ICOM

504 VHF radios. 12VDC Radio Battery Chargers Replace existing 20amp La Marche with Charles 20


24VDC Emer. Batt. Charger Replace existing 60amp La Marche with Charles 60


Establish new 24V DC navigation sub panel to be installed on pilot house console. Power to be drawn from existing spare breaker # 26 (15 amp) on the 24V DC panel in the ship’s office. The new sub panel, Blue Sea#8023 8 position 12/24V circuit breaker panel with backlighting as required for each of the following devices. The CONTR is responsible for proving that the new power supply panel and wiring meets all USCG and manufacturers requirements for a proper installation to the satisfaction of the OR. Any changes required shall be addressed in the change order process.

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1. Furuno FA 150 AIS 3.65 amps @ 24V DC 2. Furuno SC-50 satellite compass 0.625 amps @ 24V DC 3. Furuno GP-33 GPS 0.12 amps @ 24V DC 4. Hatteland 19” flat screen monitor 5.0 amps @ 24V DC

Total 9.395 amps @ 24V DC M/V MENDOCINO Radar #1 Provide AIS input and chart display overlay,


Radar #2 Provide AIS input and chart display overlay,


AIS Transponder System Remove existing Simrad A 180 system in its

entirety. Replace with Furuno FA-150 w/4.5” display 12/24VDC with antennas. Fully Interface to both radars and navigation PC. CONTR to ensure that existing power supply from old Simrad AIS A 180 meets all USCG and manufacturers requirements for new Furuno system. Changes required shall be addressed in the change order process. CONTR must provide new foundations if required by the OR and remove old foundations if not reusable.

Satellite Compass Remove existing Flux Gate electronic compass in

its entirety and replace with new satellite compass. FURUNO SC-50 w/new antenna model SC-303. Fully Interface to radars, chart plotter, and AIS. 12/24VDC. CONTR to ensure old Flux Gate power supply is adequate to power new Furuno SC-50. CONTR to provide new foundations if required by the OR and remove old foundations if not reusable.

Chart Plotter Remove existing Simrad monitor and replace with a

new HATTELAND 19”, flat screen video monitor, model # JH 19T14 MMD-MA1-AOBA 24VDC or auto switch to 120VAC. Monitor location to be same as existing. Power supply is from APC SMART UPS 1500VA 120V AC. (Existing monitor is on a separate UPS)

Computer Remove existing Dell computer and replace with

PAXCOM COMPUTER Model # SH61-TZ 120 VAC. Power supply is from APC SMART UPS 1500VA 120V AC

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Chart Plotter Software System shall be MAXSEA TZ Explorer SW. The PC shall have the latest version of MS Windows operating system supported by MAXSEA TZ Explorer. MAXSEA software installed incorporating AIS/DGPS input. Include the following charts: 1) MM#-USR-005 Raster US West Coast 2) MM3-USV-001 Vector US West Coast

Computer UPS APC SMART UPS 1500VA 120V Model #

SMT1500 Possible power supply is 120 VAC Sub panel port side pilot house breaker # 12, (this is power supply for existing UPS)

GPS Replace existing Furuno GP 32 with Furuno GP 33

w/GPA017 Antenna 12V DC. CONTR to ensure power supply for old GP 32 is adequate for GP 33. (existing power supply is 12V DC emergency radio panel port side pilot house bulkhead).

VHF Marine Radio Provide AIS and GPS input to existing ICOM 504

radios DEL NORTE Radar #1 Provide AIS input and chart display overlay,




AIS Transponder System Remove existing Simrad A 180 AIS system in its

entirety and replace with Furuno FA 150 4.5” Display 12/24VDC with antenna. Fully Interface to both radars and navigation PC. Remove existing AIS 24V DC power supply, (ASTRON LS-10A) and replace with new power source from 12V DC navigation battery system. CONTR is responsible to provide a new battery power feed to power new AIS system and standard navigation load. The CONTR shall prove to the OR that the circuit breaker and wiring meeting all USCG and manufacturers requirements. CONTR to provide new foundations if required by the OR and remove old foundations if not reusable.

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Satellite Compass Remove existing electronic Azimuth compass system in its entirety and replace with new satellite compass, FURUNO SC-50 w/new antenna model SC-303. Fully Interface to radars, chart plotter, and AIS. 12/24VDC. CONTR is responsible to provide new foundations when required by the OR and remove old foundations when not re-usable. CONTR is responsible to prove to the OR that the old Azimuth power source will meet all USCG and manufacturers requirements for the new FURUNO SC-50 system. Any changes required shall be addressed in the change order process.


19”, flat screen video monitor model # JH 19T14 MMD-MA1-AOBA and mount in console. Monitor location to be same as existing. CONTR is responsible to identify new power source for new monitor as existing old monitor was powered directly from old Simrad transponder. New power source to be 120V AC receptacle protected by circuit breaker.

Computer Replace existing Dell computer with PAXCOM

COMPUTER Model # SH61-TZ 120VAC. Power supply is from APC SMART UPS 1500VA 120V AC. New foundation required


PC shall have the latest version of MS Windows operating system supported by MAXSEA TZ Explorer. MAXSEA software installed incorporating AIS/DGPS input. Include the following charts: 1) MM#-USR-005 Raster US West Coast 2) MM3-USV-001 Vector US West Coast

Computer UPS APC SMART UPS 1500VA 120V Model #

SMT1500 Possible power supply is 120 V AC pilot house panel P-201 breaker #26 (this is power supply for existing UPS)


Furuno GP 33 w/GPA017 Antenna 12/24VDC. Use existing 24V DC power from pilot house 24V panel 24-A.

VHF Marine Radios Remove existing VHF radios and replace with

ICOM 504, provide AIS and GPS input.

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420.1.4 NAVIGATION SOFTWARE STANDARDIZATION In addition to the (5) sets of software licenses outlined above, two sets of software licenses for MAXSEA TZ Explorer with charts and the latest version of the required Windows OS shall be purchased and installed on the M/V Golden Gate and M/V Napa thus bringing all District vessel’s navigation software to commonality. 420.1.5 NAVIGATION COMPUTER SPARE UNITS Two Paxcom SH 61 TZ navigation computers complete with installed operating system software and navigation software shall be supplied to the District as part of this contract and will be used in emergency repair rotation as needed in the future. The software shall be as follows:

• Maxsea TZ Explorer • Latest version of Windows OS • MM#-USR-005 Raster US West Coast • MM3-USV-001 Vector US West Coast

420.1.6 NAVIGATION COMPUTER SPECIFICATIONS Navigation computers to be installed shall be Paxcom SH 61 TZ Marine Computers with the following specifications:

• Processor - Intel Dual Core i3 (3.0 ghZ) or faster • System Memory – 4gb – DDR3 • Hard Drive – Intel 710 series 100gb. eLMC Solid State Drive • Optical Drive – ASUS DVD-RW • Graphics – GeForce 8400 w/1gb VRAM • Serial Ports – 2 Ea. – RS422, 1 Ea. RS232 Com Port(s) • Misc. Ports – 8 –USB, 1 LAN • Operating System – Windows 7 PRO, 32 bit • USB wireless adaptor for network access

600 COATINGS, INTERIOR SPACES, MISCELLANEOUS 602.1 LABELS AND MARKINGS In addition to providing “AS BUILT” drawings of all installations, the CONTR is responsible for providing and installing nameplates, labels and wiretags. The nameplates shall be on new or relocated electrical or electronic equipment selected to conform to the size, type, and prominence of the particular equipment to be marked. All control devices, power sources, circuit breakers, junction boxes, panel boards and cables, (power or signal), shall be marked as to function, power specification, power source or any other information that would be essential for system failure troubleshooting and operation by GGF maintenance or operating personnel. Labels and markings must be permanent and easy to read. All labels, markings and nameplates shall be engraved, printed or embossed, absolutely no hand drawn labels will be accepted for the final installation. All labels and markings and nameplates shall match exactly the labeling and on the “AS BUILT” drawings.

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The intent of this requirement is to provide easy identification of all components within a navigation system from initial power source through operators interface.

900 TESTS & TRIALS, SERVICES 982.1 GENERAL SCOPE It is the intent of the DISTRICT that only one vessel of the five identified in this project be out of service at any one given time, therefore, (refer section 0.22 CONTR OBLIGATION) the CONTR is expected to complete the required work on one vessel and immediately present the vessel for inspection to the OR. The CONTR shall be required to be present for all dock and sea trails with the District and the USCG as required. The trials shall include all operational tests as required by the OR and the USCG. The exact nature of these tests are not known however they should not stray for standard operations tests for these sorts of installations. They shall include but are not limited to verifications of all interfacing between all specified electronics, proper operation of all new equipment in conjunction with all existing equipment, verification of proper AIS operations, Satellite Compass operations, and verification of all equipment with USCG/VTS to their satisfaction. All tests required shall be performed at the dock for a time period of not less than one hour and at sea for a time period of not less than one hour.

29

APPENDIX “A” Satellite Compass Antenna Location Example

Furuno SC -50 antenna as installed on M/V Golden Gate and M/V Napa. The antenna unit is the SC-303.

Typical existing mast configuration on (3) Spaulding class vessels District will supply and install new 8’ fiberglass mast extensions for each vessel that have been designed to accept the new SC-303 satellite antenna. CONTR to install antenna and cables. CONTR must communicate with the District to ensure the antenna and mast extension installation are coordinated.

30

Existing Del Norte antenna mast. The District will supply and install a new 8’ fiberglass mast extension. CONTR to install antenna and cables. CONTR must communicate with the District to ensure the antenna and mast extension installation are coordinated.

Existing Mendocino antenna mast. The District will supply and install a new 8’ fiberglass mast extension. CONTR to install antenna and cables. CONTR must communicate with the District to ensure the antenna and mast extension installation are coordinated.

31

Mast Extension

33

APPENDIX “B”

1. Navigation electronics one line diagram 2. Fiberglass satellite compass mast extension

All drawings are available in electronic format by contacting: Christian Stark Director of Maintenance and Engineering Golden Gate Ferry 415 925 5590 e-mail [email protected]

Bid Form 2013-FT-4 BF-1 2/6/2013

GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT


GOLDEN GATE FERRIES

BID FORM

TO: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT SAN FRANCISCO, CA Pursuant to the Notice Inviting Bids, the undersigned bidder herewith submits a bid on the bidding form or forms attached hereto and made a part hereof, and binds itself on award by the Golden Gate Bridge, Highway and Transportation District under this bid to execute a contract in accordance with its bid, the bid documents and the award. The attached Notice Inviting Bids, General Conditions and Instructions for Bidders, Special Provisions, Technical Specifications, Bid Forms, and Addenda, if any, are made a part of this bid and all provisions thereof are accepted, and all representations and warranties required thereby are hereby affirmed. Bids below include all applicable charges, including, material, labor, insurance, and other costs necessary for the furnishing of all equipment and the performance of all services called for under the Contract. Prices quoted shall include all sales or use taxes.

BIDDER SHALL SUBMIT QUOTES FOR ALL ITEMS UNDER CATEGORY “A”


GOLDEN GATE FERRIES

CATEGORY A LINE # ITEM # DESCRIPTION AMOUNT

1 080.1 Contractor Provided Support $

2 110.3 Electrical Foundations $

3 150.1 Antenna Foundation Modifications $

4 150.2 Pilothouse Console Modifications $

5 420.1.3 Primary Pilothouse Equipment Actions Marin $

6 420.1.3 Primary Pilothouse Equipment Actions Sonoma $

7 420.1.3 Primary Pilothouse Equipment Actions San Francisco $

8 420.1.3 Primary Pilothouse Equipment Actions Mendocino $

9 420.1.3 Primary Pilothouse Equipment Actions Del Norte $

10 420.1.4 Navigation Software Standardization $

11 420.1.5 Navigation Computer Spares $

12 602.1 Labels and Markings $

13 900 Tests and Trials, Services $

14 TOTAL BID PRICE $ The Bid Form must be signed below in accordance with the General Conditions and Special Provisions. Bids submitted in any other form will be considered non-responsive and may be rejected.

Bid Form 2013-FT-4 BF-2 2/6/2013

Name Under Which Business is Conducted: _________________________________________

Business Address: ______________________________________________________________

Telephone Number: ______________________ Facsimile Number: _____________________

Check here if entity is a Disadvantaged Business Enterprise (DBE) and include a

copy of the firm’s DBE certification with bid.

MANDATORY SIGNATURE(S) (See General Condition 3 and Special Provision 1.3)

IF SOLE OWNER, sign here: I sign as sole owner of the business named above. IF PARTNERSHIP, one or more partners sign here: The undersigned certify that we are partners in the business named above and that we sign this Contract proposal with full authority to do so. IF CORPORATION, two corporate officers sign here: The undersigned certify that they sign this Contract proposal with full and proper authorization to do so. Corporate Name:

By: Title:

*By: Title:

Incorporated under the laws of the State of * If the Bidder is a corporation, this Bid Form must be executed by two corporate officers, consisting of: (1) the

president, vice president or chair of the board; and (2) the secretary, assistant secretary, chief financial officer or assistant treasurer. In the alternative, this Bid Form may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the District is provided, demonstrating that such individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws.)

IF JOINT VENTURE, officers of each participating firm sign here: The undersigned certify that they sign this Contract proposal with full and proper authorization to do so: Joint Venture Name composed of:

By Title

By Title

Bid Form 2013-FT-4 BF-3 2/6/2013

DOCUMENTS TO ACCOMPANY BID: A Bidder’s Bond, certified check or cashier’s check, or an irrevocable standby letter of

credit required by Special Provision 1.7, in an amount of at least ten percent (10%) of the Total Bid Price

Certificate of Insurance in accordance with Special Provision 3.1.C Qualification Questionnaire and Financial Statement with Business References in

accordance with Special Provision 1.8 Lobbying Certification Copy of DBE Certification, if applicable Acknowledgment of Addenda, if any

BB

BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, are held and firmly bound unto the GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT, hereinafter called the District, in the sum of ($ ) being at least ten percent (10%) of the total amount of the bid of the Principal above named, for the payment of which sum in lawful money of the United States, well and truly to be made to the District, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that, whereas the Principal has submitted said bid to the District; NOW THEREFORE, if the Principal is awarded a contract by the District and, within the time and in the manner required by the Specifications, enters into a written contract with the District and furnishes the requisite bond or bonds, then this obligation shall become null and void, otherwise to remain in full force and effect. In the event suit is brought upon this bond by the District and Judgment is recovered, the Surety shall pay all costs incurred by the District in such suit, including a reasonable attorney's fee to be fixed by the Court. Dated 2013. Principal: By: (SEAL) By: Surety: (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF By: SURETY) By: Note: Signatures of those executing for surety must be properly notarized.

ISLC

(Date) Golden Gate Bridge, Highway and Transportation District P.O. Box 9000, Presidio Station San Francisco, CA 94129-0601 Re: Irrevocable Standby Letter of Credit No.

We hereby issue in your favor this Irrevocable Standby Letter of Credit for the account of

, a

(insert nature of organization, whether sole proprietorship, partnership, corporation or joint venture), in the amount of ($ ),

which is available upon your demand when accompanied by a signed statement from an officer of

the Golden Gate Bridge, Highway and Transportation District, stating that:

The amount drafted is due to the Golden Gate Bridge, Highway and Transportation District because of failure of to enter into a written contract awarded to it by the District, or to furnish the requisite bond(s) or insurance certificates within the time and in the manner required by the Contract Documents and Specifications for , Contract # .

We hereby agree with the drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of this Letter of Credit will be duly honored upon presentation when presented on or before . Partial drawings are permitted. Except so far as otherwise expressly stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) of the International Chamber of Commerce Publication No. 500. (Financial Institution) By: Title:

SAMPLE CERTIFICATE OF INSURANCE

CI

AA

ACKNOWLEDGMENT OF ADDENDA

The undersigned Bidder acknowledges receipt of the following addenda, if issued, to the Bid Documents. If none received, write “None Received”. Addendum No. , dated Addendum No. , dated Addendum No. , dated Date: Firm: Signature: Print Name: Title:

QQ-1

QUALIFICATION QUESTIONNAIRE AND FINANCIAL STATEMENT WITH BUSINESS REFERENCES

( ) Name of Applicant or Firm Telephone ( ) Facsimile Street Address (NOTE: If using a P.O. Box, please list both P.O. Box No. AND Street Address) City, State, Zip Date Submitted: Fiscal Year Ending: The above applicant or firm is: A parent firm of: A subsidiary division of:

QQ-2

1. How many years has your organization been in business as a marine electronics contractor

under your present name? 2. How many years experience:

a) As a prime contractor:

b) As a subcontractor: 3. List below at least three contracts your organization has performed in the last five years

involving the installation and wiring of complex interfaced marine electronics. The contracts listed should demonstrate experience in all the following classifications of work: Radar Installations, VHF radio installations, Chart Plotter/GPS installations, AIS system installations. Indicate which classifications apply in the table below.

CONTRACT $ AMOUNT

PERCENT COMPLETED

APPLICABLE CLASSIFICATION OF

WORK

CONTRACTING AGENCY AND ADDRESS, NAME AND PHONE OF

OWNER/AGENCY REPRESENTATIVE

(Use separate sheet if more listing space is needed.) 4. Have you ever failed to complete any work awarded to you? ( ) Yes ( ) No

If so, where and why?

QQ-3

5. DBE/WBE status? (Disadvantaged Business Enterprise/Women Business Enterprise) DBE ( ) Yes ( ) No Certified ( ) Yes ( ) No WBE ( ) Yes ( ) No Certified ( ) Yes ( ) No 6. The Contractor shall dispose of any hazardous wastes under its own EPA generator

number. Please provide your EPA Generator Number if applicable: 7. Give information below about all your contract work underway or to which you are

committed.

TYPE OF WORK LOCATION VALUE PERCENT

COMPLETE

SCHEDULED COMPLETION

DATE

FOR WHOM PERFORMED

8. References: Give only vessel owners, including public bodies, for whom you have done

work.

NAME ADDRESS BUSINESS

QQ-4

STATEMENT OF FINANCIAL ABILITY The contractor hereby certifies:

1. That its largest bonded, successfully completed project is: 2. That its Bond for that Project was: $ 3. Date that Project was completed:

QQ-5

REFERENCES 1. Please list 3 bank references familiar with the Bidder’s accounts:

a) Name of Bank:

Street Address: City and State: Telephone: Officer Familiar with Bidder's Account:

b) Name of Bank:


c) Name of Bank:


SAMPLE CONTRACT

2013-FT-4 Contract SC-1 2/05/2013

SAMPLE CONTRACT

THIS CONTRACT is made and entered into this day of , 2013, by and between GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT (hereinafter referred to as "District") and _________________________________ (hereinafter referred to as "Contractor"). WITNESSETH, that the Contractor and the District, for the consideration hereinafter named, agree as follows: 1. Scope of Work

. The Contractor shall furnish the District all the labor, materials and equipment required to complete the work more particularly described in the plans and specifications approved by the District entitled:


GOLDEN GATE FERRIES and which are appended hereto and made part of the Contract.

The Contractor shall perform the following work listed on the Bid Form in Category "A". The District has the right to inspect the ongoing installation process on a daily basis, if necessary, and there will be a final inspection by a District representative.

2. Time of Performance. The Contractor shall begin work upon issuance of the Notice to Proceed, and shall diligently prosecute all of the work under this Contract in all parts and requirements to completion before the expiration of FORTY-FIVE (45) CALENDAR DAYS

from the date of Notice to Proceed, as provided in the Specifications.

3. Contract Price. The Contractor shall faithfully perform each and every item required of it in this Contract for the sum of Dollars ($ )

, which includes all applicable charges, including taxes, freight and delivery charges, insurance and all other costs necessary for the furnishing of all material and the performance of all the services called for under the Contract. Payments to Contractor shall be made at the time and in the manner provided in the Contract.

4. Term of Contract

. The term of this Contract shall commence upon District’s issuance of a Notice to Proceed and shall continue in force until the Contractor has completed all work under this Contract, which period shall be not less than five years following final acceptance of all installation work as set forth in the Special Provisions.

2013-FT-4 Contract SC-2 2/05/2013

5. Component Parts

. This Contract shall consist of the following documents, each of which is on file in the Office of the Secretary of the District and all of which are incorporated herein and made a part hereof by reference thereto:

A. This Contract B. Notice Inviting Bids C. General Conditions and Instructions for Bidders D. Special Provisions E. Technical Specifications F. Bid Form (as accepted by the District) G. Bidder’s Statement of Qualification Questionnaire and Financial Statement with

Business Reference H. Addenda No. to I. Performance Bond J. Insurance Certificates K. Copy of DBE Certification, if applicable

6. Service Notice

. Any notice required or permitted to be given by this Agreement shall be deemed given when personally delivered to recipient thereof or mailed by registered or certified mail, return receipt requested, postage prepaid, to the appropriate recipient thereof, in the case of the Contractor, at the business address specified in his proposal, and in the case of the District, at P.O. Box 9000, Presidio Station, San Francisco, CA, 94129-0601, or at any other address which either party may subsequently designate in writing to the other party.

7. Non-Discrimination Assurance – Title VI of the Civil Rights Act. The Contractor shall not discriminate on the basis of race, color, creed, national origin, sex, or age in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. DOT-assisted contracts. Further, the Contractor

agrees to comply with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. The Contractor shall obtain the same assurances from its joint venture partners, subcontractors, and subconsultants by including this assurance in all subcontracts entered into under this Contract. 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 District deems appropriate.

8. Governing Law

. This Contract shall be governed and construed in accordance with the laws of the State of California. Any action relating to, and all disputes arising under, this Agreement shall be instituted and prosecuted in a court of competent jurisdiction in the State of California. Each party hereby appoints the individual listed opposite its name to act as its initial agent for service of process relating to any such action.

2013-FT-4 Contract SC-3 2/05/2013

SAMPLE CONTRACT

IN WITNESS WHEREOF, the District has caused these presents to be executed by the District’s officer thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. FOR THE CONTRACTOR: Name under which business is conducted: Business Address: Telephone No. Facsimile No. If SOLE OWNER, sign here: I sign as sole owner of the business named above. FOR THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT: James Eddie President, Board of Directors Janet S. Tarantino Secretary of the District APPROVED AS TO FORM: Attorney for the District

2013-FT-4 Contract SC-4 2/05/2013

SAMPLE CONTRACT

IN WITNESS WHEREOF, the District has caused these presents to be executed by the District’s officer thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. FOR THE CONTRACTOR: Name under which business is conducted: Business Address: City/State/Zip: Telephone No: Facsimile No: If PARTNERSHIP, sign here: The undersigned certify that they are partners in the business named above and that they sign this contract bid proposal with full authority to do so (One or more partners sign). FOR THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT: James Eddie President, Board of Directors Janet S. Tarantino Secretary of the District APPROVED AS TO FORM: Attorney for the District

2013-FT-4 Contract SC-5 1/22/2013

SAMPLE CONTRACT

IN WITNESS WHEREOF, the District has caused these presents to be executed by the District’s officer thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. FOR THE CONTRACTOR: Name under which business is conducted: Business Address: City/State/Zip: Telephone No: Facsimile No: If CORPORATION, execute here: The undersigned certify that they sign this contract bid proposal with full and proper authorization to do so. Corporate name: By: Title: * By: Title: Incorporated under the laws of the State of: * If the Contractor is a corporation, this Contract must be executed by two corporate officers, consisting of: (1) the

president, vice president or chair of the board; and (2) the secretary, assistant secretary, chief financial officer or assistant treasurer. In the alternative, this Contract may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the District is provided demonstrating that such individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws.)

FOR THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT: James Eddie President, Board of Directors Janet S. Tarantino Secretary of the District APPROVED AS TO FORM: Attorney for the District

2013-FT-4 Contract SC-6 1/22/2013

SAMPLE CONTRACT

IN WITNESS WHEREOF, the District has caused these presents to be executed by the District’s officer thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. FOR THE CONTRACTOR: Name under which business is conducted: Business Address: City/State/Zip: Telephone No: Facsimile No: If JOINT VENTURE, Sign Here: The undersigned certify that they sign this contract bid proposal with full and proper authorization to do so. Joint Venture Name Composed of: By: Title: By: Title: Incorporated under the laws of the State of: FOR THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT: James Eddie President, Board of Directors Janet S. Tarantino Secretary of the District APPROVED AS TO FORM: Attorney for the District

PP-1

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS, that WHEREAS THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT, (hereinafter referred to as "District") has entered into a Contract with (hereinafter referred to as "Principal") for the Automatic Identification System and Installation for Golden Gate Ferries, Contract No, 2013-FT-4 ("Contract") ; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond of faithful performance of said Contract; NOW, THEREFORE, we, the Principal, and , as Surety are held and firmly bound unto the District, in the penal sum of ___________________________________________________ Dollars ($_____________) lawful money of the United States, being a sum equal to fifty percent (50%) of the total amount payable under the Contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound Principal, or its heirs, executors, administrators, successors, or assigns approved by the District, shall promptly and faithfully perform the covenants, conditions and agreements in the Contract until the completion, delivery and acceptance of said work, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless the District as stipulated in the Contract, then this obligation shall be reduced as described below upon final acceptance of all installation work; otherwise it shall be and remain in full force and effect.

No extension of time, change, alteration, modification, or addition to the Contract, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition. As a condition precedent to satisfactory completion of the said contract, the above obligations will be reduced to the amount of _____________($ _______), being not less than five percent (5%) of the total amount payable under the Contract, and shall hold for a period of twelve (12) months after the completion, delivery and final acceptance of said work, during which time if the above bounded Principal shall fail to make full, complete and satisfactory repair and replacement or totally protect the District from loss or damage made evident during said period of twelve (12) months from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.

PP-2

Whenever Principal shall be and declared by the District to be in default under the Contract, Surety shall promptly remedy the default, or shall promptly do one of the following at District’s election:

1. Undertake through its agents or independent Contractors, reasonably acceptable to the District, to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.

2. Reimburse the District for all costs the District incurs in completing the Contract, and in correcting, repairing or replacing any defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the Contract.

Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the District’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the District or its successors or assigns.

In the event suit is brought upon this bond by the District, Surety shall pay reasonable attorney’s fees and costs incurred by the District in such suit.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal) NOTE: By: To be signed by Principal and Surety and acknowledgement By: and notarial seal attached. (Surety) (Address)

By:

By: