20242023_A1_RNG_Flare.pdf

Request for Proposals

Dedicated RNG Flare

Solicitation Number RFP No. 20242023 Due Date and Time:

Thursday, December 28, 2023 @ 2:30pm PST

NON-MANDATORY PRE-PROPOSAL CONFERENCE

Monday, December 4, 2023 @ 10:00 AM

Click here to join the meeting

CITY OF EUGENE

Wastewater Division Purchasing

410 River Avenue

Eugene, Oregon 97404 dpalmer@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODEwMzdlNWItMTc1MS00YmVkLWE5NDktZjdmOWFiYWJmM2Fj%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%227dade608-62b5-4ab4-beef-3700325ad278%22%7d mailto:dpalmer@eugene-or.gov

I. REQUEST FOR PROPOSALS

CITY OF EUGENE REQUEST FOR PROPOSALS

Solicitation No. RFP 20242023

Notice to Proposers Pursuant to ORS 279B.060 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-048-0220, sealed Proposals for Dedicated RNG Flare for the City of Eugene will be accepted by the Purchasing Office until Thursday, December 28, 2023 @2:30pm PST. Proposals will be opened immediately thereafter, and a record of Proposals received will be made. Click here to join the meeting Proposals will not be accepted after the Request for Proposals (RFP) closing time and date. Proposals shall be valid for 60 days after opening unless otherwise specified in the specifications. This Request for Proposals does not commit the City to pay any costs incurred by any Proposer in the submission of a Proposal.

Project Description The project will be to design a new candlestick flare for off-spec gas from the Renewable Natural Gas (RNG) system at the wastewater treatment plant.

Project elements include:

• Develop specifications for a new flare to accommodate off-spec gas.

• Assist in the selection of an appropriate candlestick flare manufacturer.

• Develop control strategies to interface with the distributed control system (DCS).

• Develop a detailed design package to be competitively bid for construction.

• Identify and assist with required permits both for construction and operation, e.g., Lane

Regional Air Protection Agency (LRAPA)

• Provide construction services and commissioning plans.

A project team of Eugene staff will provide input and direction to the selected consultant.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

• Click Search\Click the Bid Solicitation # to view solicitation details and documents

A copy of the Solicitation may also be obtained by emailing the Purchasing Analyst shown below.

Proposers must submit their Proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046. Contact the Purchasing Analyst below if a proposal cannot be submitted via OregonBuys.

Non Mandatory Pre-Proposal Conference A Non-Mandatory Pre-Proposal Conference will be held via Teams on Monday, December 4, 2023 @ 10:00am PST. Click here to join the meeting Statements made by the City’s representatives at the pre-Proposal conference are not binding upon the City unless confirmed by written addendum issued under Section II(6.0) of this RFP.

RFP 20242023 Dedicated RNG Flare 1 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTc2NGY4NGEtNmRmNy00OTZjLTljYTgtMDE5NDEyMTUzMzY0%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%229e70d410-a452-44f4-91cf-3ea44c999ea9%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODEwMzdlNWItMTc1MS00YmVkLWE5NDktZjdmOWFiYWJmM2Fj%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%227dade608-62b5-4ab4-beef-3700325ad278%22%7d

Dated: November 27, 2023

Dori Palmer Purchasing Analyst City of Eugene dpalmer@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1.0 STANDARD PROPOSAL FORM

1.1. Proposals shall be submitted with the Standard Proposal Form identical to the form provided by the City. The Proposer shall make no alterations or additional stipulations on the Standard Proposal Form nor qualify the Proposal in any other manner. Alteration of any part of the Standard Proposal Form content may cause the Proposal to be considered non-responsive.

1.2. All blanks on the Standard Proposal Form shall be filled in electronically, by typewriter or manually, in ink. Mistakes should be crossed out and corrections typed or written in ink and initialed by the party signing the Proposal. No erasures are permitted. The omission of any required information or forms may invalidate a Proposal.

1.3. Complete sets of RFP documents shall be used in preparing Proposals.

2.0 SUBMISSION

2.1 Proposers must submit their Proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Proposer is responsible for submitting their Proposal prior to the closing time and date. Late Proposals will not be accepted. The City is not responsible for any delays caused by computer/software issues.

2.3 Oral, telephonic, telegraphic, or faxed proposals are invalid and will not be considered.

Emailed proposals may be considered if pre-approved by the Purchasing Analyst.

3.0 SOLICITATION CLARIFICATION & CHANGE REQUESTS

Prior to the deadline for submitting a protest, a prospective Proposer may request that the City clarify any provision of the Solicitation Document. The City’s clarification to a Proposer, whether orally or in Writing, does not change the Solicitation Document and is not binding on the City unless the City amends the Solicitation Document by Addendum.

3.1 Any requests for clarification regarding any provision of the RFP shall be delivered to the City’s Purchasing Analyst by email, in conformance with City Rule 137-048- 0240(1).

3.2 Any requests for change of the requirements, specifications or sample contract shall be delivered to the City’s Purchasing Analyst by email, not later than fourteen (14) days prior to the RFP closing date and time.

3.3 A request for change shall be marked “Contract Provision Request for Change” and include the solicitation number and title along with a statement of the requested change(s) to the Contract terms and conditions, including any Specifications, together with the reason for the requested change.

3.4 Contents of questions, clarifications, modifications, or substitutions shall include the following, as applicable:

3.4.1 The solicitation number and title

3.4.2 A reference to the page and item being addressed

3.4.3 The reason and any proposed alterations

RFP 20242023 Dedicated RNG Flare 3 https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

3.5 Proposals containing questions, clarifications, modifications, or substitutions included with the response and not submitted according to these instructions may be considered non-responsive.

4.0 SOLICITATION PROTESTS

A prospective Proposer may protest the Procurement process or the Solicitation Document for a Contract solicited under 137-048-0220. Pursuant to 137-048-0240(1), before seeking judicial review, a prospective Proposer must file a written protest with the City and exhaust all administrative remedies. Protests must be submitted in writing to the City’s Purchasing Manager no less than ten (10) days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-048-0240(1) and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought; 5) a statement of the desired changes to the Procurement process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror based its protest. The Purchasing Manager shall issue a decision on the protest no fewer than three (3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

5.0 OR EQUAL

Whenever a process is designated or a manufacturer's name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Proposers shall submit to the Purchasing Analyst their intent to offer an approved equal no later than fourteen (14) calendar days prior to the Proposal closing.

Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

Approval of alternate materials and equipment shall rest solely with the City and all Proposers shall be notified of such approval by addenda prior to the Request for Proposal closing.

6.0 ADDENDA AND INTERPRETATIONS

6.1 Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and Proposers shall receive addenda per City Rule 137-047-0430, and as follows: City will not mail notice of addenda, but will publish any addenda on the OregonBuys site. Addenda may be downloaded from the OregonBuys site. Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

RFP 20242023 Dedicated RNG Flare 4 mailto:Eugene.Purchasing@ci.eugene.or.us https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

6.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-047- 0430(3) shall be binding upon the Proposer.

7.0 NONDISCRIMINATION

Submittal of a Proposal in response to this RFP evidences Proposer’s agreement that, in performing the work called for by this RFP and in securing and supplying materials, Proposer has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

8.0 PREPARATION OF PROPOSALS

Proposers are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated with preparation of Proposals in response to this RFP.

9.0 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City shall be permitted to receive any share or part of the contract resulting from this RFP or any benefit that may arise therefrom.

10.0 CITY FURNISHED PROPERTY

No material, labor or facilities will be furnished by City unless otherwise provided for in this

RFP.

11.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

The City grants to any Oregon public governmental agencies authorization to establish contracts or price agreements under the terms, conditions and prices of any contract between the Awardee and the City resulting from this RFP.

12.0 RESERVED RIGHTS

The City reserves the right:

12.1 To reject any Proposal not in compliance with all prescribed public bidding procedures and requirements.

12.2 To reject for good cause any or all Proposals upon the City’s written finding that it is in the public interest to do so.

12.3 To reject any and all Proposals not meeting or differing from the specifications set forth herein.

12.4 To waive any or all informalities in the Proposals submitted.

12.5 To consider the competency and responsibility of Proposers in making any awards.

12.6 In the event that two or more Proposals are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule 137-046-0300.

12.7 In the event any Proposer or Proposers to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond

RFP 20242023 Dedicated RNG Flare 5 within the time and manner herein after specified, to re-award the contract to another Proposer or Proposers.

12.8 To extend the deadline for submitting Proposals, in according with City Rule 137- 048-0250.

12.9 To negotiate additions or deletions to goods and services requested.

12.10 To include liquidated damages of [$150] per day for each day the good is not delivered as set forth in the contract, barring circumstances beyond Contractor’s control.

13.0 CONSIDERATION OF PROPOSALS

13.1 Proposals will be opened publicly by the City of Eugene Purchasing Office in a Microsoft Teams meeting at the due date and time indicated in the RFP or any extension thereof made by addendum. Proposers and other interested parties are invited to be present at the opening; however, the identity of the successful Proposer will not be determined at the opening time.

13.2 The City intends to award a contract to the responsible Proposer submitting the most advantageous Proposal, based on evaluation factors contained in the Proposal, provided the Proposal has been submitted in accordance with the requirements of the RFP documents, and does not exceed the funds available.

13.3 The City shall provide written notice by email, regular mail or facsimile of the City’s intent to award the contract. Award shall not be final until the later of the following:

13.3.1 Seven (7) calendar days after the date of the Notice of Intent to Award; or

13.3.2 City provides a written response to all timely filed protest, if any, that denies the protest and affirms the award.

13.3.3 Proposers may protest the intended contract award in accordance with City

Rule 137-048-0240(2).

14.0 CONTRACT AWARD

Submittal of a Proposal evidences Proposer’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations as permitted by City Rules 137-048-0220(4)(c) regarding any open terms. During negotiations, the City may require any additional information it deems necessary to clarify Proposer’s approach and City’s understanding of the requested goods or services. Any changes agreed upon during Contract negotiations will become part of the final Contract. The negotiations will identify a level of work and associated fees and costs that best represent the goods and services required.

15.0 PUBLIC RECORDS

15.1 This RFP and one (1) copy of each original Proposal received in response to it, together with copies of all documents pertaining to the Award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of a file or record which shall be open to public inspection. If a Proposal contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.“

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The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.“ ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a Proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

15.2 The above restrictions may not include cost or price information which must be open to public inspection.

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awarded Proposer will be expected to support the City’s goals by implementing the following strategies where applicable.

1.0 WASTE REDUCTION

1.1 Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible.

In order to increase efficient use of resources, the awarded Proposer shall adhere to the following items as applicable.

1.2 Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Proposer to ship goods utilizing one or more of the following methods:

1.2.1 Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

1.2.2 Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

1.2.3 Eliminate non-essential parts of packaging, such as individual wrapping of components;

1.2.4 Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

1.2.5 No point of purchase material or promotional literature.

1.3 The awarded Proposer is to duplex all paper materials that are prepared for the City under the contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

1.4 Contractor is expected to prevent, reduce, recycle or otherwise divert waste generated from the provision of services procured by the City. City may request information about diversion tactics utilized and quantities of waste materials diverted.

2.0 IDLING REDUCTION

2.1 In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

2.1.1 The health and safety of employees, sub-contractors or public is compromised in turning off the vehicle.

2.1.2 The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

RFP 20242023 Dedicated RNG Flare 8 http://www.eugene-or.gov/sustainpurch

2.1.3 Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

3.1 To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.2 The awarded Proposer should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement.

Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third-party program such as EcoLogo or ENERGY STAR.

3.3 The City desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for City business wherever practical in the fulfillment of the scope of work.

4.0 SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.”

The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Oregon Forward Program website at http://ofp.dasapp.oregon.gov/ to search for Oregon Forward Program contractors from whom to procure products or services.

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IV. ANTICIPATED PROPOSAL SCHEDULE

The following is the anticipated schedule for submission and review of Proposals and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the Proposal submittal deadline will be done by an addendum to the RFP.

ACTIVITY DATE

Request for Proposals issued……………………………………………November 27, 2023

Non-Mandatory Pre-proposal Meeting………………...December 4, 2023 at 10:00 AM

Last date to request solicitation clarification or change…December 14, 2023 by 4:00 PM

Last date to protest solicitation…………………...………..December 14, 2023 by 4:00 PM

Proposals due no later than………...……....….............December 28, 2023 at 2:30 PM

Notice of Intent to Award……………………………….…..……anticipated January 8, 2024

The City reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so. The contract shall become effective upon execution by the City.

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V. REQUIREMENTS / SPECIFICATIONS

The wastewater pollution control facility (WPCF) is owned by the Metropolitan Wastewater Management Commission (MWMC), an intergovernmental partnership between the City of Eugene, City of Springfield, and Lane County. The City of Eugene provides contractual operation and maintenance services to MWMC. Eugene requires the services of a professional engineering design consultant capable of exercising the level of competency, care and diligence generally expected of national professional engineering firms performing similar services. The Consultant will be responsible to assist the City through all phases of the project including, but not limited to, planning, scheduling, cost control, designing, equipment selection, public procurement / bidding, construction cost estimating, services during construction, commissioning, and closeout services.

The City of Eugene – Wastewater Division is seeking engineering services to design a candlestick flare dedicated to burning the off-spec gas stream generated by the system at the wastewater treatment plant. This dedicated flare will operate independently of the two existing flares for the anaerobic digester gas system.

Project elements will include:

• Develop specifications for a new flare to burn off-spec gas from the Renewable Natural Gas (RNG) system.

• Assist in the selection of a candlestick flare manufacturer, and recommendations on procurement, e.g., sole source.

• Select placement of flare and routing of any associated piping and conduit.

• Develop control strategies and narratives to interface with the distributed control system

(DCS).

• Develop a detailed design package to be competitively bid for construction.

• Identify and assist with required permits both for construction and operation, e.g., City of

Eugene, Lane Regional Air Protection Agency (LRAPA)

• Provide construction services and commissioning plans.

A project team of Eugene staff will provide input and direction to the selected consultant.

Project description and objectives

Background:

The Renewable Natural Gass (RNG) system utilizes a pressure swing adsorption process for the production of clean methane gas that is injected into the Northwest Natural pipeline. The system was brought online at the end of March 2022. An early value engineering decision was to send the off-spec gas to one of two existing Shand & Jurs flares that currently service the anaerobic digester gas system. The concept was either of the two flares could serve both systems. While the RNG plant is running, one of the flares is dedicated to the RNG and the other is dedicated to flaring excess anaerobic digester gas. Unfortunately, there have been ongoing issues maintaining this dual use operation of the flares. When issues occur, the RNG plant is shut

RFP 20242023 Dedicated RNG Flare 11 down to ensure there is a flare dedicated to burning excess digester gas to maintain compliance with the Lane Regional Air Protection Agency (LRAPA) permit.

Objective:

The objective of this project is to provide a dedicated flare to burn any off-spec gas from the RNG. This in turn will also restore redundancy for the anaerobic digester gas flares.

Estimated Project Schedule:

Release of RFP (first date of advertisement) November 27, 2023

Pre-proposal meeting (non-mandatory) December 4, 2023

Deadline for submission of proposals December 28, 2023

Evaluation period January 3-5, 2024

Notice of intent/ start of protest period January 8, 2024

Contract negotiation January 15-19, 2024

Execute contract January 22, 2024

Design Phase February 1, 2024

Construction begins May 1, 2024

Scope of work:

Task 1: Project Management

The consultant will develop a project budget and timeline for the project. The consultant will be expected to coordinate with the City to provide updates electronically and or physically on a regular basis throughout the project. They will also oversee construction and final acceptance of the new flare.

Deliverables:

• Manage consultant teamwork, timeline, and budget.

• Facilitate regular progress meetings with the City project team.

• Regular transfer of all project progress information and correspondence via email.

• Technical review meetings with staff, as necessary, to review Consultant deliverables including technical memoranda and design submittals.

• Regular communication (phone, email, in person) with the City Project Manager.

• Quality Assurance / Quality Control Plan

Task 2: - Preliminary Design

The engineering consultant will provide a conceptual design of a flare that will accept the anticipated volume of off-spec gas from the RNG plant. The City will work with the engineering

RFP 20242023 Dedicated RNG Flare 12 consultant to perform a concept and criteria review of the project. The initial scope of the project will be reviewed and refined as needed to cover any aspects that may or may not have been initially brought forward. The Consultant shall become familiar with the existing conditions and infrastructure as they develop the design solution. If there are any opportunities for value engineering, they will be explored during this initial phase. Any construction inputs will be coordinated with the Contractor. The consultant will also coordinate with LRAPA for any permitting considerations that need to be met during the design phase.

Deliverables

• A workshop with the City to discuss design alternatives, e.g. technologies, value engineering.

• A final Basis of Design report showing different design alternatives, their evaluation, and final recommendation.

• An initial Engineer’s Estimate for project completion, including both design and construction.

• All permitting considerations for LRAPA.

Task 3 – Detailed Design

Once a preliminary design is selected, the engineering consultant will develop a detailed design of the new flare and support systems. This design will include drawings and specifications for civil, mechanical, structural, electrical, instrumentation and controls for both local and remote control through the Yokogawa distributed control system (DCS). Regular project update meetings will be held to address any concerns or clarifications. Design documents will be provided at the 75% and 100% completion milestones for review and comment by the City. 100% design documentation will be provided in both native and electronic formats, e.g., AutoCAD, EXCEL, Word formats, PDF. Contract documents (plans and specifications) shall be of a level of detail customarily provided for projects of this type by national professional engineering firms performing similar services. A package appropriate for the City to put the project out for competitive bid will be provided including all specifications, drawings and control narratives.

Deliverables:

• Regular update meetings

• 75% and 100% design deliverables for review and comment.

• 100% design Bid Set package in native, e.g., MS Word and AutoCAD, and pdf formats.

• Design review workshops at incremental design milestones.

• A revised Engineer’s estimate of construction, including clearly identified bid alternates.

Task 4 Bid Support Services

The engineering consultant shall provide technical assistance, as needed, to interpret the solicitation / contract documents during the solicitation phase, prepare technical addenda to the original solicitation documents, if required, and attend the project pre-bid meeting.

Key Deliverables:

• Attend and participate in pre-bid meeting(s), including a project site tour.

• Review meeting minutes and provide written responses to bidder questions, as requested.

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• Prepare technical addenda to the solicitation / Contract documents, as requested.

Task 5 Construction Support Services

The Consultant shall provide assistance to the City during the construction phase of the project.

Specific construction assistance to be provided shall include the following items.

Key Deliverables:

• Attend and participate in a pre-construction meeting, including project site tour.

• Review meeting minutes, schedules, project constraints and important requirements.

• Provide written responses to Request For Information (RFIs).

• Attend progress meetings.

• Develop a Start-up / Commissioning plan and provide support during execution.

• Sign-off on project acceptance.

• Provide final As-Builts documentation in both AutoCAD and PDF formats.

• Provide an operation manual that, at a minimum, includes modes of operation, control strategy, alarms and their responses, start-up, and shutdown procedures.

• Ensure plant operations staff receives training.

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VI. PROPOSAL SUBMITTAL REQUIREMENTS

Submittals Written submittals must have all forms and reference filled out completely and address each of the criteria listed for evaluation.

Evaluation Criteria Evaluation of the written response portion to the RFP will be based on a point system. The possible point values are listed by each evaluation category. A committee will review the responses and assign points for each category. See SECTION VII. PROPOSAL EVALUATION PROCEDURES for a summary of the evaluation process.

The written responses may be used to establish a Competitive Range of Proposers for further evaluation. Items will be scored up to the maximum point value indicated in parentheses.

Proposal Evaluation

1) Demonstrate Understanding of the Project and Challenges (1-10, weight 4, total possible - 40)

• Understand working with a renewable natural gas system utilizing a pressure swing adsorption filtration process for the intended separation of methane (CH4) gas.

• Description of the proposer’s approach to efficiently complete the scope of work within operational constraints and coordinating construction tasks.

2) Technical Expertise and Experience of Proposed Engineering Consultant Team and Organization (1-10, weight 3, total possible - 30)

• Expertise and experience in projects involving anaerobically digested gas systems and the associated flaring of the gases created by these systems.

• Experience interfacing equipment controls with Yokogawa Distributed Control Systems.

• Experience of key proposed consultant staff, as indicated in staff resumes and descriptions of team’s prior project experience.

3) Responsiveness (1-10, weight 2, total possible - 20)

• The ability to provide timely on-site assistance during this project.

4) Startup and Commissioning (1-10, weight 1, total possible - 10)

Provide references that demonstrate a history of successfully managing projects during the startup / commissioning phase.

Contractor’s Efforts Toward Sustainability The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose.

1. Report on your performance in any areas that are relevant to your firm’s operations and services. Proposers may include existing reports or other company materials which demonstrate sustainability efforts. Suggested categories include:

• Energy efficiencies and other green building practices

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• Green office practices

• Community engagement and support for underserved populations

• Sustainable material sourcing

• Waste reduction and prevention (including waste management plans and reduce, reuse, and recycle tactics)

• Water conservation measures

• Alternative transportation practices

• Provision of Life Cycle Analysis or total cost of ownership

• Reporting on and communication about sustainability performance

• Mission-related sustainability practices/ Sustainable business policy

2. Discuss how your firm’s efforts might be incorporated into or benefit the work performed or product supplied to the City. Provide details of efforts, practices, and/or processes that will be utilized.

For more information regarding sustainability in procurement, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch.

Written Proposal Total Possible Points: 100

The agent responsible for the solicitation may contact Proposers for clarification of Proposals;

however, no additions, deletions or substitutions may be made to Proposals that cannot be termed as clarifications. Proposer’s responses to questions should restate the question and provide the clarification requested.

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VII. PROPOSAL EVALUATION PROCEDURES

DETERMINING RESPONSIVENESS OF WRITTEN PROPOSALS

Each Proposal submitted in response to this RFP that conforms in all material respects with the requirements set forth in the Solicitation Documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Regulations shall be deemed a “Responsive Proposal”. The City will notify any Proposers who submitted a Non-Responsive Proposal to inform them that it did not meet the requirements and will therefore not be considered for contract Award.

EVALUATION OF WRITTEN PROPOSALS:

The City will evaluate each Responsive Proposal in accordance with Rule 137-048-0220(4)(b) and the criteria described in Section VI of this RFP on a point system.

DISCUSSIONS & NEGOTIATIONS:

Pursuant to 137-048-0220(4)(c), the City may commence discussions and negotiations with the highest ranked Proposer after evaluating all Responsive Proposals in accordance with the evaluation criteria set forth in the RFP.

SELECTION PROCESS AND NOTICE OF INTENT TO AWARD:

Notice of the intent to award will only be given to Responsive Proposers. Final award will depend upon the execution of an acceptable contract and evidence of insurance, if required, and may be withdrawn by the City at any time prior to execution of the contract by the City.

Responsive Proposers may protest the City’s intent to award in accordance with Rule 137-048- 0240(2).

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VIII. FORMS TO SUBMIT WITH PROPOSAL

STANDARD PROPOSAL FORM

Solicitation No. RFP 20242023

I, the undersigned, and authorized representative of (Company Name) certify the following:

Acknowledgement of terms, conditions and specifications

1. The Proposer represents that Proposer is properly licensed and adequately experienced, equipped, organized and financed to furnish and deliver the equipment specified and perform the services required.

2. The Proposer has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this Proposal and attachments, and agrees that the City will not be responsible for any errors or omissions of the Proposer in preparing this Proposal.

The Proposer agrees that this Proposal may not be revoked or withdrawn for sixty (60) calendars days after the date on which Proposals are received.

3. Contract Execution; Performance Bond. The Proposer agrees that if this Proposal is accepted it will, within ten (10) calendar days after having received the Notice of Award, execute and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver the Performance Bond and insurance documentation as required.

4. Addenda. The Proposer acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this Proposal. (Proposer:

insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Proposer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Proposer attests that it complied with the applicable state and local tax laws including, but not limited to, ORS 305.385, ORS 305.620, ORS chapters 316, 317, and 318 for no fewer than six years into the past from signature and will continue to comply with the tax laws during the term of this contract. ____ initials.

Access to Plant or Place of Business

Proposer agrees that the City may enter a contractor's or subcontractor's plant or place of business during normal business hours for the following purposes: inspect and/or test supplies or services for acceptance by the City pursuant to the terms of the Contract, and investigate the Proposer's minority business certification or other Proposer qualifications.

Cooperative Purchasing

The Proposer _____agrees _____disagrees to extend the terms, conditions and prices of the original City of Eugene contract to any other governmental agency. Pursuant to ORS 279A.215, RFP 20242023 Dedicated RNG Flare 18 other governmental agencies may establish contracts or price agreements under the terms, conditions and prices of the original contract. Agency/agencies shall have the power and authority to contract directly with the successful vendor(s).

Certification of Nondiscrimination

Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because a subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

Noncollusion

The Proposer certifies that the Proposal has been arrived at by the Proposer, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, Proposer, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent offers or competition. The contents of the Proposal herein presented and made have not been communicated by the Proposer or their employees or agents to any person not an employee or agent of the Proposer or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

Completion/Delivery Date:

The Proposer agrees, if awarded the contract or a direct purchase, to fully complete the work or deliver the equipment within ______ days after receipt of purchase order or notice to proceed is received from the City of Eugene.

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

Company contact for this project (if different from above):

Name: Title:

Phone:

Email:

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REFERENCES (Submit with Proposal)

List projects that Proposer completed and that were substantially similar to the project described in this RFP 20242023

Proposer Name:

Provide additional pages as necessary.

REFERENCE 1

COMPANY: CONTACT NAME:

ADDRESS: PHONE NUMBER:

CITY, STATE, ZIP: EMAIL:

PROJECT DATES: PROJECT VALUE: $

PROJECT DESCRIPTION:

REFERENCE 2

COMPANY: CONTACT NAME:

ADDRESS: PHONE NUMBER:

CITY, STATE, ZIP: EMAIL:

PROJECT DATES: PROJECT VALUE: $

PROJECT DESCRIPTION:

REFERENCE 3

COMPANY: CONTACT NAME:

ADDRESS: PHONE NUMBER:

CITY, STATE, ZIP: EMAIL:

PROJECT DATES: PROJECT VALUE: $

PROJECT DESCRIPTION:

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ARCHITECT, ENGINEER, OR RELATED SERVICES CONTRACT

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BETWEEN: The City of Eugene, (City) an Oregon Municipal Corporation

AND: _________, (Contractor) an __________ organized and existing under the laws of the State of __________

CONTRACT NO.: _________ - _________

EXPIRATION DATE: __________

RECITALS

A. Contractor is engaged in the business of design and engineering services.

B. City desires to engage Contractor to provide the Services described in this Agreement and Contractor is willing to provide such Services on the terms and conditions set forth herein.

C. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-23-01-F, Public Contracting Rules 2022, Rule )137-048-0220, sealed Proposals, RFP 20242023

AGREEMENT

1. Incorporation of Exhibits; Definitions; Contractor’s Representations and Warranties.

1.1 Exhibits. The Contract between the parties (the “Contract”) includes and incorporates into this document (this “Agreement”) all of the following:

1.1.1 Exhibit A summarizes certain federal, state and municipal laws that apply to government contracts. The provisions of Exhibit A are statements of law and may not be modified, and take precedence in the event of an inconsistency with the Agreement.

1.1.2 Other Exhibits. The Contract also includes and incorporates the following exhibits, which are listed in order of precedence. The provisions of this Agreement will have priority over all conflicting provisions of the following exhibits:

Exhibit B: Statement of Work / Service Deliverables Exhibit C: Compensation Add other Exhibits as necessary

IX. SAMPLE CONTRACT

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1.2 Definitions. With the exception of proper nouns, capitalized terms not otherwise defined herein shall have the following meanings.

1.2.1 “Agreement” means this document, entitled Personal Services Contract and ending with the signatures of all parties.

1.2.2 “Contract” means the written statement of the parties’ mutual and respective agreements, promises, undertakings and rights as set forth in this Agreement and all incorporated exhibits.

1.2.3 “Services” means all of the products, properties and Services to be provided by Contractor under this Contract, as described in Exhibit B.

1.3 Contractor’s Representations and Warranties. Contractor makes the following representations and warranties to City:

1.3.1 Contractor and Contractor’s personnel are, and will at all times hereunder be, fully qualified by all necessary education, training, experience, licensure and certification to perform the Services.

1.3.2 As of the date of execution hereof, there are no claims or suits or proceedings, or threats thereof, seeking to enjoin the execution of the Contract by Contractor or the effect of which could prevent Contractor from performing or having the authority to perform the Services.

1.3.3 Neither the execution of the Contract nor the performance of the Services will constitute a breach or violation of any other contract, agreement, or law by which Contractor is bound or to which Contractor or any of its personnel who will perform the Services are subject.

2. Services to be Provided. Contractor agrees to provide to City the Services ("the Work") as described in Exhibit B.

2.1 Commencement. Contractor shall begin to provide the Services on __________, or, if later, as soon as this Contract has been executed by all parties.

2.2 Key Personnel. Contractor has agreed that certain key personnel shall be assigned to perform certain parts of the Services, as described below. Removal of these key personnel from the specified tasks without the prior approval of City will be a material breach of the Contract.:________.

2.3 Security. If the Services will be performed on City property, Contractor will comply with all of City’s security policies and procedures.

3. Term.

3.1 Initial Term. The initial term of the Contract shall expire, unless terminated or renewed, on the expiration date shown in the caption of this Agreement.

3.2 Time for Completion. Contractor shall commence the Work on ___________, and shall complete the Work prior to ___________.

3.3 Renewal. Upon completion of the initial term, the City may elect to extend the Contract for up to three (3) additional one-year terms by mutual agreement of the parties.

4. Consideration. The consideration which City shall pay to Contractor, for both the Work performed by Contractor and the expenses by Contractor in performing the Work, shall not exceed $_____ based on the schedule of rates described in the attached Exhibit C. City shall make progress payments, based on monthly invoices from Contractor, together with a progress report containing a summary of the Work completed for which payment is required.

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City's payment shall be made within 30 days after Contractor's statement. Contractor shall not be entitled to reimbursement for travel or other expenses unless specified on the attached schedule of rates. If Contractor is entitled to reimbursement for any such expenses, they shall be properly documented and submitted in accordance with City requirements.

5. Termination. Notwithstanding any other provision hereof to the contrary, this Contract may be terminated as follows:

5.1 The parties, by mutual written agreement, may terminate this Contract at any time.

5.2 Either party may terminate this Contract in the event of a breach of the Contract by the other party.

5.3 The City may terminate this Contract at any time or for any reason, upon not less than seven days' notice in advance of the termination date.

5.4 City may terminate this Contract immediately upon Contractor's failure to have in force any insurance required by this Contract.

5.5 The City may terminate the Contract on any date specified in a notice if funding for the Services becomes unavailable or if the City determines that termination of the Contract is required by the public interest.

5.6 Except as provided in the “Remedies” paragraph below, in the event of a termination, City shall pay Contractor for Work performed to the date of termination.

6. Force Majeure. Neither City nor Contractor are responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by public health emergency, fire, riot, acts of God, terrorism, war, or any other cause which is beyond the breaching party’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this contract. City may terminate this Contract upon written notice to Contractor after City reasonably determines that the delay or breach will likely prevent successful performance of the Contract.

7. Remedies.

7.1 In the event of a termination of this Contract by City because of a breach by

Contractor, City may complete the Work either by itself or by contract with other persons, or any combination thereof.