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Alaska Department of T Ransportation & Public Facilities Alaska Department of Transportation & Public Facilities & Public Transportation Alaska Department of Optimizing Implementation of Civil Rights Requirements for Vessel Construction Prepared By: Authors: Edward W. Morris, Jr. Tanya Taylor-Morris October 2011 Prepared For: Alaska Department of Transportation & Public Facilities Research, Development, and Technology Transfer 2301 Peger Road Fairbanks, AK 99709-5399 FHWA-AK-RD-11-05 DISCLAIMER Notice This document is disseminated under the sponsorship of the U.S. Department of Transportation in the interest of information exchange. The U.S. Government assumes no liability for the use of the information contained in this document. The U.S. Government does not endorse products or manufacturers. Trademarks or manufacturers’ names appear in this report only because they are considered essential to the objective of the document. Quality Assurance Statement The Federal Highway Administration (FHWA) provides high-quality information to serve Government, industry, and the public in a manner that promotes public understanding. Standards and policies are used to ensure and maximize the quality, objectivity, utility, and integrity of its information. FHWA periodically reviews quality issues and adjusts its programs and processes to ensure continuous quality improvement. Author’s Disclaimer Opinions and conclusions expressed or implied in the report are those of the author. They are not necessarily those of the Alaska DOT&PF or funding agencies. Form approved OMB No. REPORT DOCUMENTATION PAGE Public reporting for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-1833), Washington, DC 20503 1. AGENCY USE ONLY (LEAVE BLANK) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED FHWA-AK-RD-11-05 October 2011 FINAL 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS Optimizing Implementation of Civil Rights Requirements for Vessel AKSAS #62905/T2-06-08 Federal # HPR-4000(55) Construction 6. AUTHOR(S) Edward W. Morris, Jr. Tanya Taylor-Morris 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT E.W. Morris & Associates NUMBER 1951 Woodshade Ct FHWA-AK-RD-11-05 Bowie, MD 20721 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING AGENCY Alaska Department of Transportation and Public Facilities REPORT NUMBER Research, Development &Technology Transfer 2301 Peger Rd FHWA-AK-RD-11-05 Fairbanks, AK 99709-5399 11. SUPPLEMENTARY NOTES 12a. DISTRIBUTION / AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE No restrictions. 13. ABSTRACT (Maximum 200 words) Research addressed problems inherent in receiving funds from two Federal agencies with overarching nondiscrimination, Equal Employment Opportunity, and Disadvantaged Business Enterprise requirements but different, agency-specific statutory authorities for Civil Rights programs. Some specifications implementing the same statutes are dissimilar. Guidance is either obsolete or inconsistent. Ferry construction was not addressed in regulations and guidance was developed before ferry funds were authorized. Bid and contract documents must include Civil Rights provisions. Between 1999 and 2010, 23 bidders on 27 Alaska ferry contracts had facilities in 14 cities in six states, including Alaska; each with different employment and DBE goals. Some bidders hold Federal contracts with the same objectives but different requirements and Davis-Bacon wage rates may not have been set for shipbuilding. FTA allows recipients to use State requirements and adjust specifications to address needs. FHWA requires that provisions be physically included in bid and contract documents and subcontracts, prohibiting inclusion by reference. The effort’s objectives were to identify and articulate problems, analyze relevant information, and develop a simpler, more effective framework for Civil Rights specifications for approval by funding agencies as a pilot. Lessons learned implementing the pilot might be helpful in revising current regulations and guidance. 15. NUMBER OF PAGES 14. KEYWORDS : Marine transit (Aetw), Contract administration (Cu), Laws and legislation (Cre), Administrative 121 procedures (Crm) 16. PRICE CODE N/A 17. SECURITY CLASSIFICATION OF 18. SECURITY CLASSIFICATION 19. SECURITY CLASSIFICATION 20. LIMITATION OF ABSTRACT REPORT OF THIS PAGE OF ABSTRACT Unclassified Unclassified Unclassified N/A NSN 7540-01-280-5500 STANDARD FORM 298 (Rev. 2-98) Prescribed by ANSI Std. 239-18 298-1 SI* (MODERN METRIC) CONVERSION FACTORS APPROXIMATE CONVERSIONS TO SI UNITS Symbol When You Know Multiply By To Find Symbol LENGTH in inches 25.4 millimeters mm ft feet 0.305 meters m yd yards 0.914 meters m mi miles 1.61 kilometers km AREA in2 square inches 645.2 square millimeters mm2 ft2 square feet 0.093 square meters m2 yd2 square yard 0.836 square meters m2 ac acres 0.405 hectares ha mi2 square miles 2.59 square kilometers km2 VOLUME fl oz fluid ounces 29.57 milliliters mL gal gallons 3.785 liters L ft3 cubic feet 0.028 cubic meters m3 yd3 cubic yards 0.765 cubic meters m3 NOTE: volumes greater than 1000 L shall be shown in m3 MASS oz ounces 28.35 grams g lb pounds 0.454 kilograms kg T short tons (2000 lb) 0.907 megagrams (or "metric ton") Mg (or "t") TEMPERATURE (exact degrees) oF Fahrenheit 5 (F-32)/9 Celsius oC or (F-32)/1.8 ILLUMINATION fc foot-candles 10.76 lux lx fl foot-Lamberts 3.426 candela/m2 cd/m2 FORCE and PRESSURE or STRESS lbf poundforce 4.45 newtons N lbf/in2 poundforce per square inch 6.89 kilopascals kPa APPROXIMATE CONVERSIONS FROM SI UNITS Symbol When You Know Multiply By To Find Symbol LENGTH mm millimeters 0.039 inches in m meters 3.28 feet ft m meters 1.09 yards yd km kilometers 0.621 miles mi AREA mm2 square millimeters 0.0016 square inches in2 m2 square meters 10.764 square feet ft2 m2 square meters 1.195 square yards yd2 ha hectares 2.47 acres ac km2 square kilometers 0.386 square miles mi2 VOLUME mL milliliters 0.034 fluid ounces fl oz L liters 0.264 gallons gal m3 cubic meters 35.314 cubic feet ft3 m3 cubic meters 1.307 cubic yards yd3 MASS g grams 0.035 ounces oz kg kilograms 2.202 pounds lb Mg (or "t") megagrams (or "metric ton") 1.103 short tons (2000 lb) T TEMPERATURE (exact degrees) oC Celsius 1.8C+32 Fahrenheit oF ILLUMINATION lx lux 0.0929 foot-candles fc cd/m2 candela/m2 0.2919 foot-Lamberts fl FORCE and PRESSURE or STRESS N newtons 0.225 poundforce lbf kPa kilopascals 0.145 poundforce per square inch lbf/in2 *SI is the symbol for the International System of Units. Appropriate rounding should be made to comply with Section 4 of ASTM E380. (Revised March 2003) Table of Contents Table of Contents ............................................................................................. ii List of Figures ................................................................................................... iv List of Tables .................................................................................................... v Acknowledgements .......................................................................................... vi Abstract ........................................................................................................... vii Summary of Findings ........................................................................................ 1 CHAPTER 1. – INTRODUCTION AND RESEARCH APPROACH ................................ 4 1.1. PROBLEM STATEMENT ................................................................ 4 1.2. RESEARCH OBJECTIVES ................................................................. 5 1.3. INFORMATION SOURCES .............................................................. 6 1.4. SCOPE of STUDY........................................................................... 6 1.4.1. THE INITIAL PROBLEMS ................................................................. 8 CHAPTER 2. – FINDINGS ..................................................................................... 11 2.1. THE ALASKA MARINE HIGHWAY SYSTEM ...................................... 11 2.2. SHIPYARDS ................................................................................... 11 2.3. SHIPYARD EMPLOYMENT ............................................................. 12 2.4. DEMOGRAPHIC AND OTHER CONSIDERATIONS ............................. 12 2.5. FERRY FACILITIES CONSTRUCTION ................................................ 14 2.6. THE U.S. FERRY INDUSTRY ............................................................ 14 2.7. CIVIL RIGHTS REQUIREMENTS ....................................................... 17 2.7.1. NONDISCRIMINATION ............................................................... 17 2.7.2. EQUAL OPPORTUNITY................................................................ 19 2.7.2.a. APPRENTICESHIP AND TRAINING ............................................ 20 2.7.2.b. DISADVANTAGED BUSINESS ENTERPRISES .............................. 21 2.7.3. EQUAL EMPLOYMENT OPPORTUNITY ........................................ 22 2.8.
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