COMMERCIAL HARBOR CRAFT

Transcription

1 DEMONSTRATION OF AIR POLLUTANT EMISSION REDUCTION TECHNOLOGIES FOR COMMERCIAL HARBOR CRAFT REQUEST FOR PROPOSALS THE PORT OF LONG BEACH AND PORT OF LOS ANGELES CLEAN AIR ACTION PLAN TECHNOLOGY ADVANCEMENT PROGRAM JULY 2017

2 TABLE OF CONTENTS 1.0 BACKGROUND INTRODUCTION Frequently Asked Questions SOLICITATION OVERVIEW Eligible Technologies Ineligible Technologies and Project Categories Prohibition Against Funding Projects Required Under CARB Commercial Harbor Craft Regulations Prohibition Against Duplication of Effort with South Coast Air Quality Management District Carl Moyer Program Available Funding and Match Funding Requirements RFP Timeline HARBOR CRAFT EMISSIONS REDUCTION PROJECT TECHNICAL REQUIREMENTS Minimum Emission Reduction Effectiveness Vessel Demonstration Partner In-Use Demonstration & Emissions Testing Schedule Environmental Permits Wastewater Discharge Quality Ammonia Slip PROPOSAL PREPARATION REQUIREMENTS & GUIDELINES Proposal Format Requirements Cover Page Contact Information Project Description Project Schedule Project Team Project Scope of Work Business Case Assessment & Commercialization Plan Cost Proposal Port of Los Angeles City Ethics Commission (CEC) Form ii

3 6.0 PROPOSAL SUBMITTAL INSTRUCTIONS PROPOSAL EVALUATION Evaluation Criteria & Scoring Matrix Board of Harbor Commissioners Review Contracting with the Ports PUBLIC INFORMATION NOTICE APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E iii

4 1.0 BACKGROUND Harbor craft that operate at the Port of Long Beach and the Port of Los Angeles (collectively Ports ) tugboats, crewboats, and workboats are among the cleanest in the world, due in large part to federal-level requirements between 2014 and 2018 that operators phase-in the use of more stringent engine emissions standards and state regulations that require accelerated turnover of all Tier 1 and older engines by Additionally, several harbor craft have been repowered with cleaner engines using incentive funding from the Ports and other state and federal incentive programs. Despite these emissions reduction efforts, the relative contribution of emissions from harbor craft - compared to emissions from all port-related sources - has increased and is projected to remain at this higher level in the future. This is because the engines will continue to deteriorate absent new mandates for turnover. Today, harbor craft are the Ports' second largest source of diesel particulate matter (DPM), comprising 18% of the port-related PM emissions. Harbor craft also represent 10% of oxides of nitrogen (NO x ) emissions and 6% of Greenhouse Gas (GHG) emissions. To achieve the emission reduction goals outlined in the Ports draft 2017 Clean Air Action Plan (CAAP), the accelerated deployment of cleaner harbor craft engines, demonstration and proof of concept of advanced technologies, and identification and adoption of vessel operational efficiency improvements is required. To accelerate the identification, demonstration, and validation of technologies that can achieve emission reductions from harbor craft beyond current state and federal regulations, the Ports have set aside $500,000 in funding from the CAAP Technology Advancement Program (TAP) and seek submittal of proposals in accordance with the Request for Proposals (RFP) process described herein. The goals are to fund one or more projects that can: Achieve meaningful reductions in harbor craft air pollutant emissions, with emphasis on reductions in NOx and DPM along with potential co-benefits in reducing GHG, specifically, projects that result in NOx emission levels lower than Tier 4 standards, or that allow existing harbor craft to be retrofitted to achieve Tier 3 (if not already required) or Tier 4 emission levels; Obtain an Executive Order (i.e., certification or verified emission reduction level) from the California Air Resources Board; and Present a business case on how the technology will be commercialized once successfully demonstrated. 1

5 The following Sections describe project and applicant eligibility requirements, allowable costs and match funding requirements, proposal evaluation criteria, and proposal submittal instructions. Proposers are advised to review the TAP Guidelines for Proposals for additional information regarding the proposal evaluation criteria definitions and evaluation process: INTRODUCTION This RFP requests the submittal of proposals to conduct development and in-use demonstration of technologies and emissions reduction systems capable of significantly reducing air pollutant emissions from commercial harbor craft. Commercial harbor craft operating in the San Pedro Bay include the following vessel types: Crew, supply, and workboats Ferry vessels Excursion vessels Government vessels Harbor tugboats/assist tugboats Ocean tugboats The above vessel types are predominately fueled with ultra-low sulfur diesel (ULSD) fuel. This RFP seeks submittal of proposals for: Technologies that have the potential to attain harbor craft NO x and DPM emission levels cleaner than Tier 4 standards, or Technologies that can be retrofitted to existing Tier 1 and Tier 2 harbor craft to achieve Tier 3 or Tier 4 emission levels, respectively. While the Ports primary objective under the RFP is reductions in NOx and DPM, applicants should also address a technology s effectiveness in reducing GHG emissions. 2.1 Frequently Asked Questions Who Should Respond to this Request for Proposals? Developers and vendors of marine engine emission reduction systems that can be readily adapted for use in commercial harbor craft are encouraged to review the RFP requirements. This includes, but is not limited to, developers and manufacturers of diesel engine emission control devices, exhaust gas after-treatment or exhaust gas scrubbing systems, selective catalytic reduction systems, alternative fuels, advanced marine propulsion technologies, etc. 2

6 Additionally, harbor craft owners and/or authorized operators may submit a proposal seeking to demonstrate an emission control technology on their vessel. Is the Proposed Technology Required to be Commercially Available? No. The Ports understand that many of the emissions reduction systems submitted in response to this RFP will be based upon emission reduction technologies used in other applications but not currently available for maritime use. However, it is important to stress that proposals submitted under this RFP must demonstrate a high level of technical maturity and be capable of being configured for in-use demonstration and emissions testing on a harbor craft at the Ports. Respondents are required to provide detailed technical and programmatic data as they pertain to adapting the proposed emission reduction system to commercial harbor craft. What will be the Result of this Request for Proposals? Depending on the merits of the proposals received, the following are potential outcomes of this Request for Proposals: The Ports will evaluate, score, and rank proposals in accordance with the evaluation and selection criteria specified in this RFP. One or more top ranked proposals may be selected to enter into a contract with either the Port of Long Beach or the Port of Los Angeles for the purpose of conducting an in-use demonstration and emissions testing on a harbor craft at the Ports. The Port where the demonstration vessel or vessel operator is located will be the contracting Port. The Ports may determine that no proposals received in response to this RFP possess the necessary technical and programmatic attributes to warrant demonstration at this time. In this case, no further action will be taken. The Ports retain sole authority for determining the merits of any proposal submitted under this RFP. What is the Anticipated Outcome for Technology(s) following Successful In-Use Demonstration? Assuming a harbor craft technology successfully completes the in-use demonstration and emissions testing sponsored under this RFP, the technology or system will be adequately tested to verify the emission reductions that can be achieved through its use. It is expected that the technologies and systems sponsored by the Ports under this RFP would be positioned to seek CARB certification or verification. Once obtained, the technology developer or vendor would be in a position to market their system or technology to vessel operators. It is important to understand the Ports role following completion of the level of effort sponsored under this RFP: 3

7 The Ports cannot mandate that any tenant or harbor craft operator pursue the acquisition or installation of a harbor craft emissions reduction technology or system. The Ports will ensure that tenants and commercial harbor craft operators are aware of the availability of the systems or technologies and corroborate test and in-use demonstration results if successfully completed. The Ports cannot guarantee the availability of incentive funding from any source to co-fund the future acquisition of a harbor craft emission reduction system or technology. The business case or future marketability of a vendor s emission reduction system should not be reliant or contingent upon the availability of public money. In the event incentive funding is available to offset the cost of system or technology acquisition, the Ports may support the system vendor(s) in pursuing incentive funding. The acquisition or use of harbor craft emission reduction systems or technologies will be based upon an agreement between a Port s tenant or harbor craft owner and the technology vendor or manufacturer. The Ports do not intend to be a party to, or have any financial interest in, any future agreement between a technology vendor and a Port tenant/harbor craft owner. The Ports role is not expected to extend beyond initial funding for the demonstration and testing of one or more technologies as described in this RFP. Proposers who wish to submit additional questions regarding this RFP must do so by Friday, August 11, 2017 at 4:00 PM. Please send questions via to Rose Siengsubcharti at rose.sieng@polb.com. Questions received after this date cannot be accepted and will not be answered. The Ports will answer all questions received by that date and will post them online at: The Ports anticipate posting answers to submitted questions by early-september. 4

8 3.0 SOLICITATION OVERVIEW 3.1 Eligible Technologies Eligible technologies that may be proposed under this RFP include, but are not limited to, the following: Alternative Fuels Engine Modifications, including Tier upgrade (this is not a repower, but an upgrade to an existing engine that results in emission reductions that achieve a more stringent Tier level.) Engine Emission Control Technologies, including diesel exhaust after-treatment Advanced Propulsion, including Electric Hybridization (diesel or alternative fuel) 3.2 Ineligible Technologies and Project Categories Technologies that are not eligible for consideration under this RFP include, but are not necessarily limited to: Fuel Additives Non-Fuel Cell Hydrogen Injection (e.g., water electrolysis gaseous injection) Technologies for which a sound scientific basis cannot be made, or projects that cannot present a programmatically sound business case or commercialization pathway. 3.3 Prohibition Against Funding Projects Required Under CARB Commercial Harbor Craft Regulations Harbor craft subject to the in-use requirements of CARB s Commercial Harbor Craft Regulation are not eligible as part of any proposed project(s) for the purpose of achieving compliance under any CARB regulation. Any and all emission reductions achieved through the Portssponsored project(s) must be surplus to the currently applicable U.S. EPA marine engine emissions standard and CARB Commercial Harbor Craft Regulation Prohibition Against Duplication of Effort with South Coast Air Quality Management District Carl Moyer Program Funding under this RFP may not be used to supplement or duplicate funding awarded or sought from the South Coast AQMD for vessel engine repowers under the Carl Moyer Program. 1 Access the CARB Commercial Harbor Craft Regulation at: ationcontext=documenttoc&transitiontype=categorypageitem&contextdata=%28sc.default%29 5

9 3.5 Available Funding and Match Funding Requirements Request For Proposals THE PORTS HAVE SET ASIDE $500,000 IN TAP FUNDING TO DEMONSTRATE ONE OR MORE HARBOR CRAFT EMISSION REDUCTION TECHNOLOGIES. NOTE THAT MATCH FUNDING IS A TAP REQUIREMENT. The TAP will fund up to 50% of a project s total cost. The technology provider must contribute a minimum of 50% of the total project cost. Of the technology provider s minimum 50% cost share, a minimum of 10% must be in the form of a cash contribution to the project. All project costs, including Match Funding, must be tracked and documented in accordance with contract requirements Eligible Project Costs: The following project costs are eligible for TAP Funding: Design and engineering Materials and equipment Systems integration Data tracking equipment and software Emissions testing Fueling infrastructure to support the demonstration In-use demonstration costs, including staff time to track and report data Project management not to exceed 10% of the total project cost Ineligible Project Costs: The following costs are not eligible for TAP Funding: Fuel and other consumables Labor to operate the vessel during the course of normal business operations Administrative overhead, including office space, utilities, insurance, and personnel not directly related to project implementation Travel expenses Marketing or promotional costs Although TAP funds cannot be used to pay for labor to operate the vessel in the course of normal business operations or fuels and other consumables, these costs can be used to meet Match Funding requirements. 6

10 3.6 RFP Timeline Proposals submitted in response to this RFP must be received no later than 5:00 pm on Thursday, September 21, Evaluation of proposals will be conducted in accordance with the following timeline: Table 3.6-1: Timeline for Harbor Craft Emission Reduction Technologies RFP Process Milestone Date Release RFP July 27, 2017 Deadline to submit questions via August 11, 2017 Post answers to questions online Early-September, 2017 Deadline to submit proposal September 21, 2017 Ports staff and TAP Advisory Committee evaluate proposals Sept. Oct Notification of selected proposal(s) November 2017 Ports staff recommend selected project(s) to each Ports Board of Harbor Commissioners for funding consideration and contract approval December 2017* Demonstration project(s) begin April 2018 *Schedule is subject to change if technology developer/vendor needs to secure a demonstration partner 7

11 4.0 HARBOR CRAFT EMISSIONS REDUCTION PROJECT TECHNICAL REQUIREMENTS The following are the minimum Technical Requirements that must be satisfied by all harbor craft emission reduction technologies proposed for demonstration in response to this RFP. 4.1 Minimum Emission Reduction Effectiveness The intent of this RFP is to identify and demonstrate harbor craft emission reduction strategies that: Result in NO x emission levels lower than Tier 4 standards, or Allow existing harbor craft to be retrofitted to achieve Tier 3 2 or Tier 4 emission levels The primary criteria air pollutants targeted under this RFP are NO x and DPM. Emission reductions are also sought from additional criteria air pollutants, including carbon monoxide (CO) and volatile organic compounds (VOC). Reductions in these criteria pollutants, while beneficial and desired by the Ports, are less critical as compared to the primary criteria pollutants NOx and DPM. In addition, technology resulting in reductions of GHG, including carbon dioxide (CO 2 ), methane (CH 4 ) and nitrous oxide (N 2 O), are highly sought by the Ports; thus, proposers under this RFP should highlight their technology s capabilities as they pertain to the reduction of CO, VOC, and GHG. 4.2 Vessel Demonstration Partner A harbor craft demonstration partner is an essential component of a technology demonstration project. Proposers under this RFP are not required to identify a harbor craft demonstration partner as an element of their proposal. Upon completion of the RFP process, the port will assist the technology demonstration vendor(s) in securing a port tenant demonstration partner. Proposers that are able to secure a harbor craft demonstration partner prior to proposal submittal are encouraged to do so and submit documentation of the project partnership as an element of their proposal. Proposers that submit signed letters of commitment, memorandum of agreement, or other documentation attesting to the willingness of a harbor craft owner or operator to participate in an in-use technology demonstration will be considered more favorably during project evaluation and scoring. Please refer to Section 7 of this RFP. 2 Commercial Harbor Craft already subject to Tier 3 requirements would not be eligible for this program. 8

12 In the event a firm written commitment cannot be obtained from a demonstration partner within sixty- (60) days of selection notification, the Ports reserve the right to cancel the technology selection and select the next project in rank order. A list of Port tenants can be found at the following links: POLB: POLA: In-Use Demonstration & Emissions Testing Schedule When preparing a response to this RFP, proposers should provide schedule information that details the milestones and timelines required to complete the development, fabrication, installation, demonstration, and testing of their proposed emissions reduction system. The schedule information should be prepared from the perspective of the earliest date the proposed system could be available for testing and in-use demonstration on a commercial harbor craft, using contract Authority to Proceed as the initial timeline benchmark. The preparation and presentation of proposal schedule information is discussed further in Section 5.5 of this RFP. 4.4 Environmental Permits Proposers are required to be cognizant of, and comply with, all environmental laws, rules and regulations applicable to operations at the Ports as well as those enforced by the South Coast Air Quality Management District (SCAQMD). 4.5 Wastewater Discharge Quality Proposers of harbor craft emissions reduction systems that utilize water-based exhaust gas scrubbing must include a water quality analysis, including test results, of the discharge effluent in their proposal. The method for properly discharging or disposing of all wastewater must be clearly described. All proposed wastewater discharges must be in compliance with applicable regulations Ammonia Slip Harbor Craft emissions reduction systems that propose the use of selective catalytic reduction (SCR) as a strategy to reduce engine NO x emissions are required to mitigate any excess ammonia emissions resulting from the use of an SCR reductant such as urea (i.e., ammonia slip). The Ports have not established a threshold for an acceptable level of ammonia slip; however, proposers under this RFP are required to estimate the net amount of ammonia slip associated with their specific technology, if applicable. 9

13 5.0 PROPOSAL PREPARATION REQUIREMENTS & GUIDELINES Request For Proposals 5.1 Proposal Format Requirements The Ports require that Proposals submitted in response to this RFP be prepared in accordance with the following guidelines Page Limit: Proposals submitted in response to this RFP should be prepared as follows: Main Body the main body of the proposal shall not exceed a maximum of 15 pages. It is recommended that the proposal be written concisely. Technical Appendix the proposal may include a Technical Appendix which shall not to exceed 25 pages. The Technical Appendix may include additional narrative, diagrams, schematics, brochures, etc. 5.2 Cover Page Include a cover page with a descriptive project title. 5.3 Contact Information Proposers are required to provide contact information for the primary project lead, additional project team members and the harbor craft demonstration partner, if applicable. Appendix A provides an example template for this information, but any format is acceptable. 5.4 Project Description Proposers are required to provide a technical description and any applicable drawings of the proposed harbor craft emission reduction technology. Proposers should not include proprietary information in proposals. All proposals shall become property of the Ports, which as public agencies, are subject to the California Public Records Act. The following elements must be included in the proposal: Project Description & Scientific Basis for the Proposed Harbor Craft Emissions Reduction Technology Provide the following information regarding the proposed harbor craft emissions reduction technology: 1. Clear and concise description of the proposed project, description of the emissions reduction technology(s), including scientific principle(s) of operation for the proposed system; 2. Technology development status and degree of technical maturity; 10

14 3. Description of any prototype units that have been demonstrated or placed into operation; 4. Expected project deliverables Expected Air Pollutant Emissions Reduction Effectiveness Provide an engineering estimate of the proposed project s emissions reduction effectiveness; i.e., the percentage of each air pollutant reduced as compared to the baseline harbor craft emissions. Provide the basis for the effectiveness quoted; i.e., empirical data derived from previous full-scale tests, results from subscale testing, or results that were analytically derived. Air Pollutant Diesel Particulate Matter (DPM) Nitrogen Oxides (NO x ) Carbon Monoxide (CO) Volatile Organic Compounds (VOC) Greenhouse Gases (CO 2 E) 3 Technology Effectiveness (% Reduction) Port Infrastructure Requirements Provide a description of any infrastructure requirements at the Ports to accommodate the proposed harbor craft emission reduction technology. This would include, but is not limited to, alternative fuel infrastructure, shorepower requirements to support battery storage system recharging, etc CARB Certification or Verification Discuss whether the proposed harbor craft emissions reduction technology is currently certified or verified by the California Air Resources Board (CARB) for ANY APPLICATION; e.g., a SCR currently verified for industrial engines that is proposed for adaptation to a harbor engine application. If the proposed technology has a CARB Executive Order Number, please provide it in your proposal. Also, if your technology is currently in the CARB certification or verification protocol, please discuss the status of earning CARB certification/verification in your proposal. 5.5 Project Schedule Provide an estimate of the proposed project schedule: 3 CO 2 E = greenhouse gases, including CO 2, CH 4 and N 2 O, expressed as an equivalent amount of carbon dioxide. 11

15 1. Provide schedule information that details the milestones and timelines required to complete the development, fabrication, onsite installation, and system checkout of the proposed harbor craft emissions reduction system; 2. Identify the earliest feasible date to conduct full-scale testing and in-use demonstration of the proposed emission reduction technology on a harbor craft at the Ports. Identify milestones that must be met prior to implementing an in-use demonstration; 3. The schedule information should be prepared from the perspective of the earliest date the proposed system could be available for full scale testing and in-use demonstration on a harbor craft, using contract Authority to Proceed as the initial timeline benchmark. 5.6 Project Team Proposers are required to describe the project team. This should include, at a minimum: 1. A description of the qualifications and capabilities of each project team member in addition to a resume; 2. A signed letter of commitment, memorandum of agreement, or other documentation attesting to the willingness of the harbor craft owner to participate in the project, if applicable; 3. Signed commitment letters from each project partner attesting to their role on the project and amount of cost share offered. Note that a minimum of 10% of project cost share must be in the form of a cash contribution to the project. 5.7 Project Scope of Work Provide a draft project Statement of Work, including the following elements: 1. A thorough but concisely-written description of each Project Task; 2. A list of Key Project Milestone(s) associated with each Project Task; 3. A list of Project Deliverables as a function of each Project Task/Milestone(s). Note that project invoicing and reimbursement from the Ports will be linked to successful completion of project milestones as specified in the Contract. 5.8 Business Case Assessment & Commercialization Plan Proposers must prepare a business case and commercialization plan as an element of the proposal. This should include, at a minimum: 12

16 5.8.1 Estimated costs for the proposed harbor craft emissions reduction technology when fully commercialized. To the extent possible, include costs for the following: 1. Estimated capital acquisition cost for the fully commercialized system; 2. Estimated operations costs; 3. Estimated life cycle cost for the fully commercialized system please state the assumptions used in estimating life cycle cost Identification of issues impeding commercialization, and recommendations for mitigating or eliminating perceived barriers. 5.9 Cost Proposal Proposers must submit a Project Cost Proposal in the format provided in Appendix B. Note that the proposer may tailor the Task Descriptions shown in Appendix B and/or add additional Project Tasks as necessary to conform to the specific emission reduction technology project proposed. Appendix B also provides a formatting template to document the proposed project s Match Funding commitment. At least 50% match funding is required for all TAP projects, including at least a 10% cash contribution Port of Los Angeles City Ethics Commission (CEC) Form 55 Proposers must submit CEC Form 55 (See Appendix C). Proposers may not make campaign contributions to and or engage in fundraising for certain elected City of Los Angeles officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful proposers, 12 months after the contract is signed. The proposer s principals and subconsultants performing $100,000 or more in work on the contract, as well as the principals of those subconsultants, are also subject to the same limitations on campaign contributions and fundraising. Responses submitted without a completed CEC Form 55 may be deemed nonresponsive. Proposers who fail to comply with City of Los Angeles law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) or ethics.lacity.org. 13

17 6.0 PROPOSAL SUBMITTAL INSTRUCTIONS Proposals must be submitted no later than Thursday, September 21, 2017 at 5:00 pm. Proposals received after 5:00 pm on September 21, 2017 cannot be accepted and will not be evaluated. All proposals must be submitted by in PDF format. Proposals must be submitted to: Rose Siengsubcharti Port of Long Beach 7.0 PROPOSAL EVALUATION The Ports, in consultation with the TAP Advisory Committee, will use the evaluation criteria and scoring matrix shown below in Table 7-1 when reviewing proposals. Proposers should refer to the TAP Guidelines for Proposals for additional information regarding the proposal evaluation criteria definitions and evaluation process: Evaluation Criteria & Scoring Matrix Evaluation Criteria Potential Emission Reductions Table 7-1: Proposal Evaluation Criteria & Scoring Matrix Has the proposer adequately articulated the technology s potential to significantly reduce emissions? (0-5 points) Has initial emissions testing documentation submitted to support these claims? (0-5 points) Does the technology significantly reduce NOx, DPM, or GHG? (Reductions <10% = 3 points, reductions 11-24% = 5 points, reductions > 25% = 10 points) Maximum Score 20 Project Cost What percentage of funding is the TAP expected to contribute to this project? (TAP funding request is 50% of total project cost = 3 points; TAP funding request is less than 50% of total project cost = 4-10 points, with more points awarded for larger cost share contributions). Is 10% of your match funding in the form of cash? Yes or No 10 14

18 Degree of Technology Maturity Is the technology certified or verified, even in another application? Is the technology ready for in-use demonstration? 10 Proposal Team s Qualifications Has a harbor craft demonstration partner been secured, including submittal of commitment documentation? (0-5 points) Has the team developed this technology before, even in another application? ( 0-5 points) Has the team previously worked together? Did the team complete the project per the scope of work, budget, and schedule? (0-5 points) Potential Benefits Is this technology applicable to a large segment of the harbor vessel fleet? (0-5 points) Does the technology have the potential to meet the demands of port operations? (0-10 points) Has the proposer articulated the potential capital, operating, and lifecycle costs associated with commercialization of this technology? (0-5 points) Has the Port or vessel owner partner signaled intent to use the technology in regular operations upon completion of a successful in-use demonstration? (0-5 points) Technical Approach Has the proposer clearly articulated the demonstration plan? (0-10 points) Is the plan able to meet the project objectives? (0-5 points) Is the schedule reasonable? (0-5 points) TOTAL 100 Proposals will undergo an initial screening by Port staff to ensure they meet the minimum requirements outlined in this RFP. Proposals that do not meet the minimum technical and cost share requirements stipulated in the RFP will be deemed nonresponsive and will not undergo further evaluation. Proposals deemed responsive to this RFP will be forwarded to the Evaluation Committee, consisting of members of the TAP Advisory Committee, Port staff, and Ports contractors. The evaluation criteria identified in Section 7.1 will be used by the Evaluation Committee. Committee members scores will be averaged and a minimum average score of 70 points must be achieved in order for the proposal to be considered for TAP Funding. Proposals will be ranked in order of numerical score. It is anticipated that one or more topranked proposals will be recommended for a funding award. The Ports, however, retain the right to make no awards under this RFP. 15

19 7.2 Board of Harbor Commissioners Review Projects recommended for TAP Funding by the Ports staffs, in consultation with the TAP Advisory Committee, will be forwarded to each Port s respective Board of Harbor Commissioners. The Boards of Harbor Commissioners have final approval over all TAP projects. 7.3 Contracting with the Ports Proposers who are approved for a funding award are required to enter into a contract with either the Port of Long Beach or the Port of Los Angeles. The contracting Port will be determined by the location of the demonstration vessel and/or vessel operator. The Standard Contract Provisions for the Port of Los Angeles (Appendix D) as well as a sample Agreement, Contractor Certification Form and Insurance Requirements for the Port of Long Beach are attached (see Appendix E). If you are awarded a contract, you must be able to comply with the Ports terms and conditions. Proposers should anticipate a minimum contract formation and legal review period of approximately three (3) months from the date of preliminary approval. Please note that this contract formation timeline is contingent upon timely receipt of all information, materials, and determination of a demonstration partner from the contractor including a detailed scope of work and a timeline of milestones and deliverables for the project. No work can commence on a project until the contract is fully executed and authority to proceed has been issued by the Ports. 8.0 PUBLIC INFORMATION NOTICE Please note that any information and materials submitted in response to this Request for Proposals becomes public information and may be released under a California Public Records Act request without further notification. Therefore, it is recommended that any proprietary or tradesecret information not be included in any proposal submitted under this solicitation. All proposals submitted become the property of the Ports. 16

20 APPENDIX A 4 Contact Information provide the information requested below: Company Name Division of: Subsidiary of: Website Address Request For Proposals Address City/Town State/Province Zip Phone ( ) - Ext Fax ( ) - Contact Title Address Additional Project Team Member(s) Contact Information, if applicable. (Please add additional contact information as needed for your specific project): Company Name Phone Contact Name Title Company Name Phone Contact Name Title Harbor Craft Demonstration Partner Contact Information: Company Name Phone Contact Name Vessel Name & U.S Coast Guard Identification Number Title 4 Access this Appendix in MS Word format at: 17

21 APPENDIX B 5 Cost Proposal Proposers must submit a Project Cost Proposal in the format shown below. Note that the proposer may tailor the Task Descriptions shown in this example and/or add additional Project Tasks as necessary to conform to the specific emission reduction technology project proposed. Task Description TABLE B-1: Cost Proposal Overview Requested TAP Funding (A) Project Team Cash $ (B) Project Team In- Kind $ (C) Total Project Team Cost Share ($) (B+C=D) Total Cost (A+D) Design and Engineering Materials and Equipment a Installation and/or Systems Integration In-Use Demonstration b Emissions Testing Fueling Infrastructure Project Management c TOTAL: a Includes data tracking equipment and software, if applicable. b Includes labor during the demonstration to test the equipment and staff time to track and report data. c Not to exceed 10% of the total project cost. The example below provides a formatting template for documenting the proposed project s Match Funding commitment. At least 50% match funding, including at least 10% cash contribution, is required for all TAP projects: TABLE B-2: Project Cost Share Summary Project Partner/Agency Cost Share ($) 6 Total Project Team Cost Share ($) (Table B-1, Column D, bottom row) 5 Access this Appendix in MS Word format at: 6 Total cost share = Column D in the first table, or the sum of the project team s cash and in-kind match contribution. 18

22 APPENDIX C 19

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25 APPENDIX D PORT OF LOS ANGELES - STANDARD CONTRACT PROVISIONS The following sections are standard contract provisions for the Harbor Department. In submitting a proposal, proposer agrees to accept these terms without change. If your firm cannot agree to the following requirements, exactly as set forth below, please do not submit a proposal. Affirmative Action Consultant, during the performance of the Agreement, shall not discriminate in its employment practices against any employee or applicant for employment because of the employee s or applicant s race, religion, national origin, ancestry, sex, age, sexual orientation, disability, marital status, domestic partner status, or medical condition. The provisions of Section of the Los Angeles Administrative Code shall be incorporated and made a part of the agreement. All subcontracts awarded shall contain a like nondiscrimination provision. Small/Very Small Business Enterprise Program and Local Business Preference Programs It is the policy of the Department to provide Small Business Enterprises (SBE), Very Small Business Enterprises (VSBE), Minority-Owned, Women-Owned, Disabled Veteran-Owned and all Other Business Enterprises (MBE/WBE/DVBE/OBE) an equal opportunity to participate in the performance of all City contracts in all areas where such contracts afford such participation opportunities. Consultant shall assist the City in implementing this policy and shall use its best efforts to afford the opportunity for SBEs, VSBEs, MBEs, WBEs, DVBEs, and OBEs to achieve participation in subcontracts where such participation opportunities present themselves and attempt to ensure that all available business enterprises, including SBEs, VSBEs, MBEs, WBEs, DVBEs, and OBEs, have equal participation opportunity which might be presented under this Agreement. It is also the policy of the Department to support an increase in local and regional jobs. The Department s Local Business Preference Program aims to benefit the Southern California region by increasing jobs and expenditures within the local and regional private sector. Consultant shall assist the City in implementing this policy and shall use its best efforts to afford the opportunity for Local Business Enterprises to achieve participation in subcontracts where such participation opportunities present themselves. NOTE: Prior to being awarded a contract with the Harbor Department, all consultants and subconsultants must be registered on the City s Contracts Management and Opportunities Database, Los Angeles Business Assistance Virtual Network (LABAVN), at 22

26 Business Tax Registration Certificate The City of Los Angeles, Office of Finance requires the implementation and enforcement of Los Angeles Municipal Code Section et seq. This section provides that every person, other than a municipal employee, who engages in any business within the City of Los Angeles, is required to obtain the necessary Business Tax Registration Certificate and pay business taxes. The City Controller has determined that this Code Section applies to consulting firms that are doing work for the Los Angeles Harbor Department. Indemnity Except for the sole negligence or willful misconduct of the City, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, Contractor undertakes and agrees to defend, indemnify and hold harmless the City and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the City, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including Contractor s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Contract by Contractor or its subcontractors of any tier. Rights and remedies available to the City under this provision are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California, and the City. Conflict of Interest It is hereby understood and agreed that the parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section et seq. of the California Government Code relating to conflict of interest of public officers and employees, as well as the Los Angeles Municipal Code (LAMC) Municipal Ethics and Conflict of Interest provisions of Section et seq. and the Conflict of Interest Codes of the City and Department. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of City relating to this Agreement. Notwithstanding any other provision of this Agreement, it is further understood and agreed that if such financial interest does exist at the inception of this Agreement, City may immediately terminate this Agreement by giving written notice thereof. During the term of this Agreement, Consultant shall inform the Department when Consultant, or any of its Subconsultants, employs or hires in any capacity, and for any length of time, a person who has worked for the Department as a Commissioner, officer or employee. 23

27 Said notice shall include the individual s name and current position and their prior position and years of employment with the Department. Notice shall be provided by Consultant to the Department within thirty (30) days of the employment or hiring of the individual. Compliance with Applicable Laws Consultant shall at all times in the performance of its obligations comply with all applicable laws, statutes, ordinances, rules and regulations, and with the reasonable requests and directions of the Executive Director. Governing Law / Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the conflicts of law, rules and principles of such State. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State or Federal courts located in the County of Los Angeles, State of California, in the judicial district required by court rules. Termination Provision The Board of Harbor Commissioners, in its sole discretion, shall be able to terminate and cancel all or any part of the Agreement it enters into with the selected Consultant for any reason upon giving the Consultant ten (10) days notice in writing of its election to cancel and terminate the Agreement. It is agreed that any Agreement entered into shall not limit the right of the City to hire additional Consultants to perform the services described in the Agreement either during or after the term of the Agreement. Proprietary Information 1. Writings, as that term is defined in Section 250 of the California Evidence Code (including, without limitation, drawings, specifications, estimates, reports, records, reference material, data, charts, documents, renderings, computations, computer tapes or disks, submittals and other items of any type whatsoever, whether in the form of writing, figures or delineations), which are obtained, generated, compiled or derived in connection with this Agreement (collectively hereafter referred to as "property"), are owned by City as soon as they are developed, whether in draft or final form. City has the right to use or permit the use of property and any ideas or methods represented by such property for any purpose and at any time without compensation other than that provided in this Agreement. Consultant hereby warrants and represents that City at all times owns rights provided for in this section free and clear of all third-party claims whether presently existing or arising in the future, whether or not presently known. Consultant need not obtain for City the right to use any idea, design, method, material, equipment or other matter which is the subject of a valid patent, unless such patent is owned by Consultant or one of its employees, or its Subconsultant or the Subconsultant's employees, in which case such right shall be obtained without additional compensation. 24

28 Whether or not Consultant's initial proposal or proposals made during this Agreement are accepted by City, it is agreed that all information of any nature whatsoever connected with the Scope of Work, regardless of the form of communication, which has been or may be given by Consultant, its Subconsultants or on either s behalf, whether prior or subsequent to this Agreement becoming effective, to the City, its boards, officers, agents or employees, is not given in confidence. Accordingly, City or its designees may use or disclose such information without liability of any kind, except as may arise under valid patents. 2. If research or development is furnished in connection with this Agreement and if, in the course of such research or development, patentable work product is produced by Consultant, its officers, agents, employees, or Subconsultants, the City shall have, without cost or expense to it, an irrevocable, non-exclusive royalty-free license to make and use, itself or by anyone on its behalf, such work product in connection with any activity now or hereafter engaged in or permitted by City. Upon City's request, Consultant, at its sole cost and expense, shall promptly furnish or obtain from the appropriate person a form of license satisfactory to the City. It is expressly understood and agreed that, as between City and Consultant, the referenced license shall arise for City's benefit immediately upon the production of the work product, and is not dependent on the written license specified above. City may transfer such license to its successors in the operation or ownership of any real or personal property now or hereafter owned or operated by City. Trademarks, Copyrights, and Patents Consultant agrees to save, keep, hold harmless, protect and indemnify the City and any of its officers or agents from any damages, cost, or expenses in law or equity from infringement of any patent, trademark, service mark or copyright of any person or persons, or corporations in consequence of the use by City of any materials supplied by Consultant in the performance of this Agreement. Confidentiality The data, documents, reports or other materials which contain information relating to the review, documentation, analysis and evaluation of the work described in this Agreement and any recommendations made by Consultant relative thereto shall be considered confidential and shall not be reproduced, altered, used or disseminated by Consultant or its employees or agents in any manner except and only to the extent necessary in the performance of the work under this Agreement. In addition, Consultant is required to safeguard such information from access by unauthorized personnel. Notices In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the same. For the purposes 25

29 hereof, unless otherwise provided by notice in writing from the respective parties, notice to the Department shall be addressed to, Los Angeles Harbor Department, P.O. Box 151, San Pedro, California, , and notice to Consultant shall be addressed to it at the address set forth above. Nothing herein contained shall preclude or render inoperative service of such notice in the manner provided by law. Termination Due to Non-Appropriation of Funds This Agreement is subject to the provisions of the Los Angeles City Charter which, among other things, precludes the City from making any expenditure of funds or incurring any liability, including contractual commitments, in excess of the amount appropriated thereof. The Board, in awarding this Agreement, is expected to appropriate sufficient funds to meet the estimated expenditure of funds through June 30 of the current fiscal year and to make further appropriations in each succeeding fiscal year during the life of the Agreement. However, the Board is under no legal obligation to do so. The City, its boards, officers, and employees are not bound by the terms of this Agreement or obligated to make payment thereunder in any fiscal year in which the Board does not appropriate funds therefore. The Consultant is not entitled to any compensation in any fiscal year in which funds have not been appropriated for the Agreement by the Board. Although the Consultant is not obligated to perform any work under the Agreement in any fiscal year in which no appropriation for the Agreement has been made, the Consultant agrees to resume performance of the work required by the Agreement on the same terms and conditions for a period of sixty (60) days after the end of the fiscal year if an appropriation therefore is approved by the Board within that 60 day period. The Consultant is responsible for maintaining all insurance and bonds during this 60 day period until the appropriation is made; however, such extension of time is not compensable. If in any subsequent fiscal year funds are not appropriated by the Board for the work required by the Agreement, the Agreement shall be terminated. However, such termination shall not relieve the parties of liability for any obligation previously incurred. Taxpayer Identification Number The Internal Revenue Service (IRS) requires that all consultants and suppliers of materials and supplies provide a TIN to the party that pays them. Consultant declares that it has an authorized TIN which shall be provided to the Department prior to payment under the Agreement. No payments will be made under the Agreement without a valid TIN. 26

30 Service Contractor Worker Retention Policy and Living Wage Policy Requirements The Board of Harbor Commissioners of the City of Los Angeles adopted Resolution No on January 3, 1999, agreeing to adopt the provisions of Los Angeles City Ordinance No relating to Service Contractor Worker Retention (SCWR), Section et seq. of the Los Angeles Administrative Code, as the policy of the Harbor Department. Further, Charter Section 378 requires compliance with the City s Living Wage requirements as set forth by ordinance, Section et seq. of the Los Angeles Administrative Code. Consultant shall comply with the policy wherever applicable. Violation of this provision, where applicable, shall entitle the City to terminate the Agreement and otherwise pursue legal remedies that may be available. Wage and Earnings Assignment Orders/Notices of Assignments Consultant and/or any subconsultant are obligated to fully comply with all applicable state and federal employment reporting requirements for the Consultant and/or subconsultant s employees. Consultant and/or subconsultant shall certify that the principal owner(s) are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignments applicable to them personally. Consultant and/or subconsultant will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with Cal. Family Code 5230 et seq. Consultant or subconsultant will maintain such compliance throughout the term of the Agreement. Equal Benefits Policy The Board of Harbor Commissioners of the City of Los Angeles adopted Resolution No on January 12, 2005, agreeing to adopt the provisions of Los Angeles City Ordinance 172,908, as amended, relating to Equal Benefits, Section et seq. of the Los Angeles Administrative Code, as a policy of the Harbor Department. Consultant shall comply with the policy wherever applicable. Violation of the policy shall entitle the City to terminate any Agreement with Consultant and pursue any and all other legal remedies that may be available. State Tidelands Grants The Agreement will be entered into in furtherance of and as a benefit to the State Tidelands Grant and the trust created thereby. Therefore, the Agreement will at all times be subject to the limitations, conditions, restrictions and reservations contained in and prescribed by the Act of the Legislature of the State of California entitled An Act Granting to the City of Los Angeles the Tidelands and Submerged Lands of the State Within the Boundaries of Said City, approved June 3, 1929, (Stats. 1929, Ch. 651), as amended, and provisions of Article VI of 27

31 the Charter of the City of Los Angeles relating to such lands. Consultant agrees that any interpretation of the Agreement and the terms contained therein must be consistent with such limitations, conditions, restrictions and reservations. Contract Solicitations Charter Section 470 (c) (12) Persons who submit a response to this solicitation (proposers) are subject to Charter section 470 (c) (12) and related ordinances. As a result, proposers may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful proposers, 12 months after the contract is signed. The proposer s principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Proposers must submit CEC form 55 to the awarding authority at the same time the response is submitted. The form requires proposers to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Proposers must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 may be deemed nonresponsive. Proposers who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) or ethics.lacity.org. 28

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