Ohio Maritime Assistance Program (MAP)

Ohio Maritime Assistance Program (MAP) is sponsored by Ohio Department of Transportation (ODOT). A competitive grant program supporting strategic maritime infrastructure investments across Ohio.

Maritime Assistance Program & Guidance | Ohio Department of Transportation This modal enables the user to select the language in which to view the content. ### Official websites use Ohio.

gov ### Trusted applications are secured by OHID Ohio Department of Transportation Type in your search keywords and hit enter to submit or escape to close Maritime Assistance Program & Guidance * Maritime Assistance Program & Guidance * Maritime & Freight Program Repository Maritime Assistance Program & Guidance * Eligibility Requirements **Background and Purpose** The Ohio Department of Transportation (ODOT) Maritime Assistance Program (MAP) provides funding to eligible Ohio port authorities, defined by Ohio Revised Code 4582, for planning, design, acquisition and infrastructure projects that increase the efficiency or capacity of maritime cargo terminal operations.

The program was created in House Bill 166 by the 133rd Ohio General Assembly and is subject to the appropriation of funding in each biennium budget thereafter. Ohio Revised Code Section 5501. 91 defines program eligibility and additional requirements prescribed by Ohio law to be administered by ODOT.

This guidance contains the policies and processes governing ODOT administration. Joint Committee on Agency Rule Review (JCARR) Rule Number 5501:2-13-01 Ohio Revised Code, Chapter 5501 Section 5501.

91– Ohio Maritime Assistance Program Ohio Revised Code Chapter 4582– Port Authorities _Active Marine Cargo Terminal_: A marine based facility that handles, stores, and transfers cargo as part of a transportation process _Cargo_: Goods and commodities transported from one point to another by vessel _Encouraging Diversity, Growth, and Equity (EDGE)_: State of Ohio assistance program for economically and socially disadvantaged business enterprises that establishes goals in the awarding of contracts to certified eligible businesses.

_Port Authority_: A port authority created under Ohio Revised Code Chapter 4582 _Opportunity Zones_: Federally designated areas defined by U.S. Census Tract for the purpose of spurring economic growth and job creation in economically-distressed communities _Stevedoring Operation_: An occupation that involves the loading and unloading of ships or barges in addition to various other dockside duties and responsibilities _Supply Chain_: The sequence of processes involved in the production and distribution of a commodity **Eligibility Requirements** ### **Eligible Applicants** Public port authorities (herein ‘Port Authority’) created under Chapter 4582 of the Ohio Revised Code meeting either the following criteria: 1.

At the time of application for a grant, the port authority owns or is the co-applicant with the owner, public or private, of an active marine cargo terminal located on one of the following: 1. The shore of Lake Erie or the Ohio river; 2. On a Lake Erie tributary; 3.

On an Ohio river tributary. 2. At the time of application for a grant, the port authority is located in, or has jurisdiction within, a federally qualified opportunity zone and the federally qualified opportunity zone has an active marine cargo terminal with a stevedoring operation that is located on the shore of Lake Erie or the Ohio river.

### **Port and Co-applicant Owner Partnership** An eligible Port Authority may partner with an active marine cargo terminal owner as co-applicant for MAP project application and execution. A co-applicant partner can be a company or other non- government entity that at the time of application, and through the useful life of the project, meet MAP project eligibility and funding conditions.

The public Port Authority must retain all responsibilities in accordance with the executed MAP Project Agreement and must ensure that the MAP funded project improvement provides the expected public benefit for the deemed useful life.

A third-party agreement is required between the Port and non-port co-applicant, public or private, that specifies: * The intended use of the MAP funding * The roles and responsibilities of each partner * Cost-sharing arrangements for project and related operating expenses * Maintenance of the improvement through the determined useful life ODOT reserves the right to approve or deny any proposed Port and non-port co-applicant proposals.

### **Eligible Projects** Projects proposed for MAP funding must: 1. Increase the efficiency or capacity of maritime cargo terminal operations. 2.

Meet an identified supply chain need or benefit Ohio firms that export goods to foreign markets, or import goods to Ohio for use in manufacturing or for value-added distribution. Eligible projects include: 1. Planning and design functions and other services associated with construction.

2. Land acquisition and site development for marine cargo terminal and associated uses, including demolition and environmental remediation. 3.

Construction of wharves, quay walls, bulkheads, jetties, revetments, breakwaters, shipping channels, dredge disposal facilities, projects for the beneficial use of dredge material, and other structures and improvements directly related to maritime commerce and harbor infrastructure. 4.

Construction and repair of warehouses, transit sheds, railroad tracks, roadways, gates and gatehouses, fencing, bridges, offices, shipyards, and other improvements needed for marine cargo terminal and associated uses, including shipyards. 5.

Acquisition of cargo handling equipment, including mobile shore cranes, stationary cranes, tow motors, forklifts, yard tractors, craneways, conveyor and bulk material handling equipment, and all types of ship loading and unloading equipment. ### **Funding Participation and Matching** The Port Authority shall pay a matching amount of at least one dollar for each grant dollar received for the proposed project.

Accordingly, MAP funds are provided at a rate of up to 50% of eligible project costs, requiring a minimum cash funding match of 50% by the port authority. Matching funds may be provided from federal, state, local or private sources. In-kind or donation-based non- cash contributions are not eligible matching sources.

Costs incurred on non-MAP funded project phase activities may be allowable sources of match on MAP funded project phase activities. The Port Authority must demonstrate that they have the financial resources to cover the cost of 50% of the proposed cost of each individual application and project awarded funding and identify the sources that will cover the cost of project expenditures until reimbursement from the grant is approved.

### **Request for Application** Maritime Assistance Program Request for Applications ### **Application Period** ODOT will solicit new project applications through a Request for Applications (RFA) on a biennial cycle, consistent with the state budget approval process and contingent upon the reappropriation of program funding. The application period for the RFA will be open 60 days from the date of issue.

The ODOT MAP Program Manager will notify each eligible Port Authority in Ohio in writing of the beginning of an application period. The application period start date will also be posted on the department's website.

Anticipated timeframe for the application period and announcement of grant awards, subject to change per cycle: * **Notice of Funding Availability and Intent**: July 15th * **Request for Applications Issued**: August 1st * **Application Submission Deadline**:October 1st * **Grants Awards Announced**: October 31st ### **Application Contents** All applicants will be required to provide the following, at a minimum: * A complete scope of work for the project.

* Port Authority master or project plan * Existing and projected project impacts: * Jobs retained or created * Economic output expected i.e. taxes, revenues * Number of tons or other commodity measures retained or increased * Safety performance metrics * A signed Maritime Assistance Program Applicant Certification Statement (Attachment A) * A Written Business Justification (Attachment B) for the requested investment that indicates the operational and market need for the project.

The Written Business Justification must satisfactorily address the contents prescribed by ODOT, as contained in the Request for Applications announced with each funding round. * Explanation of how the proposed project will increase the efficiency or capacity of maritime cargo terminal operations. * Explanation of how the proposed project results in the handling of new types of cargo or an increase in cargo volume.

* Explanation of how the project will meet an identified supply chain need or benefit Ohio firms that export goods to foreign markets or import goods to Ohio for use in manufacturing or for value-added distribution. * Proof of contractual arrangement in meeting the conditions for stevedoring operation. * Proof the applicant is an Ohio Port Authority created under Section 4582 of the Ohio Revised Code.

* Purchase quotes or cost estimates for the project: * Equipment Purchases: a price quote on letterhead from the Original Equipment Manufacturer * Infrastructure Projects: an engineer or architectural estimate, sealed by the appropriate professional, by project phase with line-item materials, quantities, and labor estimates. * Demonstration of a viable funding plan for the minimum 50% match to advance the project, if selected.

* Estimated time to complete the project with project schedule milestone dates. Projects that cannot demonstrate completion during the applicable biennial budget funding cycle will not advance for evaluation and selection. If applicable, applicants may be required to provide: * Census track numbers of thefederally qualified opportunity zone.

* Certification that the Port Authority has an active marine cargo terminal with a stevedoring operation that is located on the shore of Lake Erie or the Ohio River, or their tributaries. * Proof of co-applicant active marine cargo terminal ownership for which the proposed infrastructure or operating project will be active. The project must be built on land owned and operated by the eligible port authority or co-applicant.

### **Application Evaluation** MAP project applications will be evaluated and ranked consistent with the criteria and program requirements contained within this guidance. Project evaluation and funding recommendations will be completed by a committee comprised of staff from ODOT, Ohio Rail Development Commission (ORDC) and JobsOhio, with final project selections approved by the ODOT Director.

Priority will be given to applications requesting funding for implementation (construction and equipment purchases), opposed to planning, engineering and acquisition activities as standalone phases. Primary evaluation criteria. 1.

The degree to which the proposed project will increase the efficiency or capacity of maritime cargo terminal operations. 2. Whether the project will result in the handling of new types of cargo or an increase in cargo volume.

3. Whether the project will meet an identified supply chain need or benefit Ohio firms that export goods to foreign markets or import goods to Ohio for use in manufacturing or for value-added distribution. 4.

The readiness of the project to advance for implementation within the applicable biennial budget funding cycle. 5. Commitment of at least 50% matching funds.

Secondary evaluation criteria: 1. Increased matching funds over the 50% requirement 2. Geographic distribution and diversity of program funds between eligible ports within Ohio.

The committee may also consider the amount of funding an applicant has previously received and an applicant’s past performance on projects funded by ODOT. **Project Implementation** ### **Project Initiation** #### **Funding Award Letter** ODOT will issue a letter to successful applicants indicating the MAP funding amount, participating share, and any additional conditions to be met in implementation of the project.

Fiscal controls within the Port Authority may require Board action to formally accept the funds, approve expenditures for the matching funds and direct administration to enter into an agreement with ODOT to administer the funding. This letter initiates project programming activities contained in Figure 1 and described below.

Figure 1: MAP Project Programming Activities Within 30 days of receiving the funding approval letter, the ODOT shall send the Port Authority a project programming package which includes the Scope of Services Form. The Port Authority must complete the programming package and return it to ODOT.

#### **Port Authority Qualifications Review** A Port Authority desiring to administer a Local-let project will be screened by ODOT, in accordance with the established Prequalification Requirements contained in the ODOT Local-let Manual of Procedures, to determine if it possesses the qualifications needed to effectively administer a MAP project.

Qualifications in the areas of accounting and financial reporting, project management, project scoping, environmental review and approval, right-of-way acquisition, construction inspection, contract administration and other associated administrative requirements will be evaluated. Only Port Authorities that demonstrate an adequate level of expertise in these regards will be allowed to administer MAP projects.

ODOT may not necessarily make the determination for qualification until after the field review and scope meeting. #### **Scope of Services** The Scope of Services is a form initiated by the Port Authority and jointly completed with ODOT. The Scope of Services defines the approved scope, technical specifications, delivery milestones, schedule, cost and funding share for the project.

The Scope of Services also identifies anticipated project impacts and coordination needed to ensure compliance. The Scope of Services document is approved by ODOT once completed and serves as the guiding document in performance of the project. Any modifications to the Scope of Services require approval by the MAP Program Manager.

#### **Project Programming** Depending on the type of project and method of contracting, minimum milestone dates will be established in the Scope of Services between the Port Authority and ODOT. Milestones are established to identify expected project development activities and track project performance. Below are the minimum milestones that will be required for all purchase and construction type contracts.

Additional milestones may be required depending on the type of project and if additional funding sources are utilized. All milestones are programmed in ODOT’s Ellis project management system. **Planning/Design Phase Project** * Non-Let Project Complete * Central Office Close Date **Construction or Equipment Purchase Project** * Scope of Services Document * Plan Package Received in C.

O. * Estimate Begin Construction * Estimated End Construction * Central Office Close Date * Scope of Services Document * Stage 2 Plans (Purchase Specifications) * Plan Package Received in C. O.

* Non-Let Project Complete * Project Owner Close Date * Central Office Close Date #### **ODOT MAP Project Agreement / Federal Local Public Agency (LPA) Agreement** Once a project has been assigned a Project Identification (PID) number, ODOT will initiate either the state ODOT MAP Project Agreement or the Federal Local Public Agency (LPA) Agreement.

The ODOT MAP Project Agreement will be executed for projects utilizing MAP funding only or in combination with other state sourced funds. The Federal LPA Agreement will be executed for MAP funded projects that are in combination with federal funds administered through ODOT.

The ODOT MAP Project Agreement / Federal LPA Agreement is the binding contract that empowers the Port Authority to administer a federally and/or State funded project and also places the responsibility of adherence to all Federal and State regulations with the Port Authority A draft agreement will be issued to the Port Authority prior to the initiation of project development activities.

The Port Authority shall return comments or acceptance of the draft agreement in a timely manner so that revisions can be made, and a final agreement can be issued for execution. The individual with contract authority must sign the final agreement and all subsequent addendums unless that individual or council has delegated that responsibility, through formal legislation, to another signatory on a project-by-project basis.

### **Project Development** The following guidelines apply to projects sourced with state MAP funds only. A project funded with both MAP funds and federally sourced funds administered by ODOT are required to follow the ODOT Project Development Process (PDP) and Local-let Manual of Procedures. These projects will have additional oversight and requirements necessary for compliance with state and federal regulations.

#### **Person in Responsible Charge** The Port Authority is required to identify a person in ‘responsible charge’ (PIRC) of the project. The PIRC must be a full-time employee of the Port Authority and cannot be provided through consultant services. The PIRC serves as the primary agency contact for all issues or inquiries and is held accountable for ensuring that all applicable requirements are followed for the project.

This person should be familiar with project progress and involved in decisions throughout performance of the project and in accordance with the obligations of the executed Agreement.

#### **Project Development Phase Activities** Planning / Preliminary Engineering: * Projects are not subject to Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP) or Ohio Statewide Transportation Improvement Program (STIP) requirements * The Port Authority shall conduct all public engagement activities commensurate with the anticipated project benefits and impacts.

At a minimum, the project should be posted with opportunity for comment on a publicly available and accessible platform. The Port Authority should consult with local jurisdictions, regional planning and resource agencies, and key stakeholders in the determination of project impacts and considerations.

* Port Authority must coordinate with all applicable state and federal agencies having jurisdiction to obtain any necessary environmental / waterway permits. * Environmental commitments necessary to address and/or mitigate projects impacts need to be noted in the design plans and monitored for contractor compliance.

* No environmental coordination, submittals, or ODOT reviews are required except for the final ODOT Maritime Assistance Program (MAP) Environmental Verification Form (Attachment D). * Design plans will be sealed by a professional engineer and conform with all applicable national standards.

* Design plans will contain estimated construction items and quantities, general notes, layouts, sheet details, and reflect applicable notes for environmental commitments, maintenance of traffic and/or operations, and railroad and/or utilities coordination. * Proprietary items and other items prohibited for federal funding will not be eligible for state funding under the program unless appropriate waivers have been obtained.

No staged design submittals or ODOT reviews are required except for the final design plan submittal. * All property acquisitions must be done in accordance with the applicable sections of Ohio Revised Code. * Right-of-Way Certification Letter (Attachment E) must be completed and submitted to ODOT for review and approval.

Port Authorities may perform activities in-house or may hire a professional consultant for services. The procurement of a consultant to perform services related to MAP project activities should comply with O. R.

C. 4582, governing Port Authority powers and procedures. A Quality-Based Selection (QBS) process is required for all contracts of $50,000 or more.

ODOT may require the use of ODOT pre-qualified consultants for projects located on or that impact publicly accessible transportation facilities. #### **Plans, Specifications and Estimate (PS&E) Package** The PS&E package is the culmination of the completion of all project development and design activities prior to the advertisement for construction or equipment purchase contracts. The PS&E consists of the following components: 1.

A complete set of plans signed and sealed by a licensed engineer or architect for construction contracts, or written technical specifications for purchase contracts 2. The bid / quote proposal document, incorporating the ODOT LPA Template Required Contract Provisions for STATE-Only Funded Projects, which includes the following contract provisions: 1. ODOT Construction and Materials Specifications and its Supplements 1.

Section 100 Contract Specifications, as modified 2. Ohio Domestic Steel Requirements 4. Ohio Workers’ Compensation Coverage 5.

Ohio Drug-Free Safety Program 6. Ohio Equal Employment Opportunity Certification Clause 7. Ohio Unresolved Finding for Recovery 8.

USACE and OEPA Waterway Permit Requirements 9. Antitrust Claims in State Contracts 10. Encouraging Diversity, Growth and Equity (EDGE) Requirements 3.

Notice of advertisement 4. A copy of the signed and sealed engineer / architect estimate 5. Environmental Consultation Form, inclusive of necessary waterway permits 6.

Right-of-Way Certification Letter The Port Authority shall submit the PS&E to ODOT prior to the agreed upon milestone date. ODOT will review the PS&E package to ensure that it is complete and sufficiently addresses MAP requirements. Upon successful submittal of the PS&E package and approval by ODOT, the Port Authority will be authorized to advertise (bids, proposals or quotes).

#### **Ohio Encouraging Diversity, Growth, and Equity (EDGE) Requirements** ODOT Office of Local Programs & the Office of Diversity and Inclusion (ODI) will need to establish an EDGE goal for each project. This goal will be included in the MAP Agreement and project procurement documents.

The Port Authority must submit documentation with the contract awards package (purchase orders, sub-contracts, etc.) demonstrating the minimum EDGE percent goal with the contract award package. Ohio Administrative Code 123:2-16-13 requires ODOT to monitor and verify that work subcontracted to an EDGE firm is actually performed by that firm, and to report the EDGE attainment on each project.

An Affidavit of Subcontractor Payment is to be completed by the Port Authority and sent to ODOT within 45 days of the work completion date. The affidavit seeks to verify actual payments made to the EDGE firm. Once the bid package is approved, ODOT will authorize the Port Authority to begin advertisement of the competitive bidding opportunity for projects greater than $50,000 or the solicitation of quotes for projects under $50,000.

The advertisement or solicitation should attempt to reach as large a prospective bidder community as possible to allow for the greatest number of responses. The advertisement period shall be a minimum of two (2) weeks, however a minimum of 21 days is preferred. Port Authorities may be eligible to utilize a state term contract, or other competitive purchasing agreement, with prior approval from ODOT.

No advertisement for bids may be allowed and no project-related expenditures may be incurred prior to obtaining ODOT’s authorization. If the project is advertised or work begins before the authorization is received, the project will become ineligible for reimbursement.

### **Award and Encumbrance** The Port Authority will determine the low and best, responsive bidder in accordance with the requirements established in the bid proposal document. The rejection of any or all bids, or award of the contract to a bidder that was not the apparent low and best bid, must first be approved by ODOT. ODOT will need the following items documenting bid evaluation and award: 1.

Bid Tabulations and Summary of All Bidders 2. Board of Control Resolution awarding the contract 3. Bid Analysis Checklist (as it pertains to State funds only) 4.

Copy of the signed contract(s) Once the proper documents are received, ODOT will request an encumbrance for the authorized contract amount in accordance with the approved funding share and rates of participation. MAP funding must be advanced for encumbrance by ODOT within the biennial budget cycle for which the funds were awarded.

Failure to submit to ODOT the necessary documentation to establish an encumbrance prior to the close of the state fiscal year concluding the applicable biennial budget may result in a withdrawal of the awarded MAP funds and reapplication of the project in a future funding round. During construction, ODOT will not monitor construction records or material specifications.

However, the Port Authority may contact the applicable ODOT District if issues arise. ### **Invoicing and Reimbursement** The MAP operates on a reimbursement basis, meaning that the Port Authority must advance funding to cover expenses as they are incurred, then request reimbursement of eligible costs through ODOT.

The Port Authority is responsible for preparing documentation sufficient to support reimbursement, demonstrating that the work was performed in close conformity to the approved plans and specifications and in compliance with applicable contract requirements. ODOT may perform field inspections of work performed or request additional documentation, such as photos, daily diary entries, materials receipts, etc., prior to payment.

The amount and level of effort will depend on the size and complexity of the project and the experience of the Port Authority in the administration of MAP projects. Figure 2: MAP Project Invoicing Process MAP funds may not be used to reimburse grant recipients for any grant application expenses prior to execution of the agreement and obtaining ODOT authorization to proceed with the scope of work.

Applicants should plan accordingly for scheduling construction activities, purchases, and installations. An invoice template is available for MAP reimbursement expenses to draw down on the encumbrance. Properly documented invoices can either be processed for payment by the LPA Manager or the MAP Program Manager, depending on the funding and Agreement type.

### **Records Retention** MAP grant awardees will be required to maintain all financial and other project related documentation for a period of five years, consistent with the executed Agreement. Applicants should therefore include in the project application an explanation of the procedures they will use to oversee, monitor, and administer the project.

Additionally, records regarding utilization and maintenance must be kept for the useful life of the project. Public financing requires transparency and documentation. Be advised that this application may not be eligible for trade secret protection under Ohio law.

Documentation regarding applications and funded projects, including invoices submitted and approved for reimbursement, will reside in paper and electronic files at ODOT and will be the subject of a public records request or audits. Port Authorities should not apply for a MAP grant until they have firm project scopes, project schedules, and secured fiscal commitments from governing boards and partners.

If ODOT determines that a Port Authority is not making satisfactory progress toward implementing the project, ODOT may notify the Port Authority that the grant is being revoked and will reallocate the funds to another eligible project. ### **Changes in Project Scope** ODOT may not consider or approve more than minor scope, schedule, and cost changes to the originally submitted MAP application.

Minor modifications of scope, schedule, and cost may be approved by the MAP Program Manager if the original Written Business Justification is unchanged, and the project continues to meet the eligibility criteria cited in ORC 5501. 91. Significant changes in scope, schedule or cost, or those that do not align with the original Written Business Justification and ORC 5501.

91 criteria may result in the withdrawal of awarded funds and reapplication of the revised project in a future funding round. ### **Project Close Out** Upon completion of the project, the Port Authority will notify ODOT. ODOT staff will perform a final review of the project.

The goal of the final review is to ensure only that the project was built according to the approved scope and plan. If ODOT identifies a construction issue, they will meet with the Port Authority to resolve the issue. The Port Authority will complete the below close-out documentation once the project is completed: 1.

EDGE Affidavit of Subcontractor Payment 2.

MAP Final Project Report Form (Attachment E) * **Attachment A: Maritime Assistance Program Applicant Certification Statement** * **Attachment B: Written Business Justification Guidance** * **Attachment C: ODOT Maritime Assistance Program Environmental Verification Form** * **Attachment D: ODOT Right-of-Way Certification Form** * **Attachment E: Map Final Project Report** Launch Request for Application Maritime Assistance Program & Guidance.

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