274-RW-TO-FY26-3-LOX-FMH.pdf

(v.09/15/25)

Request for Proposals # 274-RW-WTP-FY26-3-LOX-FMH

Title: EM Johnson WTP Liquid Oxygen and Equipment Lease

Issue Date: July 31, 2026

Due Date: August 28, 2026 no later than 3:30PM EST

*LATE PROPOSALS WILL NOT BE ACCEPTED*

Issuing Department: Public Utilities

Direct all inquiries concerning this RFP to:

Mike Hughes Plant Operations Superintendent Email: frederick.hughes@raleighnc.gov

Table of Contents

1. Introduction

1.1 Purpose

1.2 Background

1.3 RFP Timeline

1.4 Pre-Proposal Conference

1.5 Proposal Question

1.6 Proposal Submission Requirements & Contact Information

1.7 Business Engagement & Opportunities

1.8 Rights to Submitted Material

1.9 Communications

1.10 Lobbying

1.11 Conflicts of Interest

1.12 Proposer Expenses

1.13 Proposer Acceptance

2. Proposals

2.1 Request for Proposals Required Document Format

2.2 RFP Documents

3. Proposal Evaluation

3.1 Proposal Evaluation Criteria (Stage 1)

3.2 Interview/Demonstration (Stage 2)

3.3 Final Selection

3.4 Notice to Proposers Regarding RFP Terms & Conditions

3.5 Contract Term…………………………………………………………….12

4. Scope of Services

Appendix I – Proposal Cost Form

Appendix II – Proposer Questionnaire

Appendix III – Reference Questionnaire (Instructions)

Appendix III – Reference Questionnaire Form

Appendix IV – Sample Contract

1 INTRODUCTION

1.1 Purpose

The City of Raleigh (COR) is solicitating proposals from one or more firm(s) with which to contract for the following services:

1.2 Background

2 The City of Raleigh Public Utilities Department is requesting proposals for Liquid Oxygen Supply and Equipment Lease for Ozone Production at the EM Johnson Water Treatment Plant.

The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live.

Raleigh is a 21st Century City of Innovation focusing on environmental, cultural and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens and local partners to promote new technology, create new job opportunities and encourage local businesses and entrepreneurs. The City enlist and prepare 21st Century staff with the skill sets to carry out the duties of the City, through transparent civic engagement and providing the very best customer service to our citizens in the most efficient and cost-effective manner.

The City of Raleigh Public Utilities Department provides water and wastewater services to approximately 650,000 customers in Raleigh, Garner, Wake Forest, Rolesville, Knightdale, Wendell, and Zebulon.

A detailed scope of services is provided in Section 4 of this document.

All information related to this solicitation, including any addenda, will be posted to the North Carolina electronic Vendor Portal (eVP) at https://evp.nc.gov/.

All questions related to this solicitation must be submitted in writing (via email) to the following individual – questions submitted via telephone will not be answered:

Contact Name Email Address

Mike Hughes frederick.hughes@raleighnc.gov

1.3 Pre-Proposal Conference / Site Visit

Pre-Proposal Conference/Site Visit

A MANDATORY PRE-PROPOSAL CONFERENCE/SITE VISIT for all prospective Proposers is scheduled for 8/14/26 at 10:00 am at the EM Johnson WTP Training Room. There will be a Teams option available. Attendance at this conference is a prerequisite for consideration of a Proposer's proposal. Prospective Proposers are encouraged to submit written questions in advance. A summary of all questions and answers will be posted on the internet as an addendum, located under the RFP # being modified.

The Pre-Proposal Conference/Site Visit will take place at:

EM Johnson Water Treatment Plant 10301 Falls of Neuse Rd Raleigh, NC 27614

Teams Option will be available for contractors unable to travel. Please email frederick.hughes@raleighnc.gov with the subject line “EMJ LOX” if you plan to join via Teams.

8/14/26 1:00-1:30-Meeting in Training Room 2:00-2:30-Walkthrough of LOX system

It is the Proposer's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

Proposal Questions

Upon review of the RFP documents, Proposers may have questions to clarify or interpret the RFP in order to submit the best proposal possible. Proposers shall submit any such questions to Frederick.Hughes@raleighnc.gov by the above Proposers Written Questions due date. A summary of all questions and answers will be posted on the internet as an addendum, located under the RFP # being modified.

It is the Proposer's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

Proposal Submission Requirements and Contact Information

Proposals must follow the format as defined in Section 2 PROPOSAL FORMAT.

Proposers must submit one (1) signed original plus one (1) electronic version and two (2) copies of the (RFP No. 274-RW-WTP-FY26-2-LOX-FMH) – (EM Johnson WTP Liquid Oxygen and Equipment Lease) signed proposal. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a Flash Drive attached to the proposal. Proposals must be enclosed in a sealed envelope or package and clearly marked: RFP 274-RW-WTP-FY26-2-LOX-FMH- EM Johnson WTP Liquid Oxygen and Equipment Lease. Both hard copy and electronic version must be received by the City on or before 3:30 PM EDT on 8/28/26. Deliver proposals using one of the two options below:

*The EM Johnson WTP does not have a mailbox. Do not send proposals via the USPS*

DELIVERED BY FedEx/UPS

RFP NO. 274-RW-WTP-FY26-2-LOX-FMH -EM Johnson Liquid Oxygen and Equipment Lease City of Raleigh Public Utilities Department ATTN: Mike Hughes EM Johnson Water Treatment Plant 10301 Falls of Neuse Rd Raleigh, NC 27614

DELIVERED BY HAND

RFP NO. 274-RW-WTP-FY26-2-LOX-FMH -EM Johnson WTP Liquid Oxygen and Equipment Lease City of Raleigh Public Utilities Department ATTN: Mike Hughes EM Johnson WTP 10301 Falls of Neuse Rd Raleigh, NC 27614

Proposals received after the “Proposal Due” deadline above will not be considered and will be returned unopened to the return address on the submission envelope. The outside of the submittal package Proposals received after the “RFP Due” deadline above will not be considered and will be returned unopened to the return address on the submission envelope.

The and the Flash Drive must be clearly marked with the RFP number and the Title. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFP that cannot be met must be indicated in the proposal. Contractors must respond to the entire Request for Proposals (RFP). Any proposals received by the City that are incomplete in their responses will be immediately disqualified.

Rights to Submitted Material

All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by Proposers (other than materials submitted as and qualifying as trade secrets under North Carolina law) shall become the property of the City when received and the entire proposal shall be subject to the public records laws of the State of North Carolina except where a proper trade secrets exception has been made by the Proposer in accordance with the procedures allowed by North Carolina law.

The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal.

Communications All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3.

Violation of this provision may result in the firm’s proposal being removed from consideration.

Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP.

Conflicts of Interest City of Raleigh contracts are controlled by three conflicts of interest provisions.

First, federal procurement standards are provided in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.

Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a):

(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states:

"No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.”

Proposer Expenses

The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation.

Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise on Appendix V, “Exceptions to RFP” and submitted with proposal. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City of Raleigh’s best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the City of Raleigh’s best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh.

3 PROPOSALS

Responses must follow the format outlined below. The City may reject as non-responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

Request for Proposals Required Document Format

Responses should be divided using tabs to separate each section, listed sequentially as follows:

Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

Tab 2: Corporate Background and Experience Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past five

(5) number of years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address).

Include the total amount invoiced for each listed project, the length of the project, and list of those involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects.

Tab 3: Financial Information Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)).

OR

Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows: “CONFIDENTIAL –

DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF PROPOSAL EVALUATION.

“Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm.

Tab 4: Project Understanding, Approach and Schedule

Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

Tab 5: Team Firm, Experience and Certifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the Proposals and experience of all executives, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included.

Tab 6: Cost In a separate sealed envelope provide a minimum of three (3) complete copies of cost schedule.

Hourly rates shall be fully burdened to include all costs, all applicable overhead and profit (including lodging, meals, and transportation). Attach any additional pricing details.

RFP Documents

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

3.1 Request for Proposal (RFP) Timeline

Provided below is a list of the anticipated schedule of events related to this solicitation.

The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (EST):

RFP Process Date and Time

RFP Date

July 31, 2026

Pre-Proposal Meeting/Site-Visit (if required)

August 14, 2026 @ 1:00 am

Deadline for Written Questions

August 18, 2026 @ 5:00 pm

City Response to Questions (anticipated)

August 21, 2026 @ 3:30pm

Proposal Due Date and Time

August 28, 2026 @ 3:30pm

3.2 Pre-Proposal Conference

If the City of Raleigh elects to conduct a Pre-Proposal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. Date, time, and location of pre-proposal conference is shown above in the RFP Timeline (Section 1.3).

3.5 Proposal Questions

Requests for clarification and questions to this RFP must be received by the City not later than the date shown above in the RFP Timeline (Section 1.3) for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFP Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements.

The City shall issue addenda reflecting questions and answers to this RFP, if any, and shall be posted to North Carolina electronic Vendor Portal (eVP). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Proposers can only rely on written material contained in an Addendum to this RFP.

It is important that all Proposers submitting to this RFP periodically check eVP for any Addenda. It is the Proposers responsibility to ensure that all addenda have been reviewed and, if required signed and returned.

All questions related to this solicitation must be submitted in writing (via email) to the following individual – questions submitted via telephone will not be answered:

Contact Name Email Address

Mike Hughes frederick.hughes@raleighnc.gov

3.6 Proposal Submission Requirements and Contact Information

Proposals must follow the format as defined in Section 2 (PROPOSALS), and be addressed and submitted as follows:

Evaluation Meeting (anticipated)

September 7, 2026

Interviews (if required)

N/A

Selection Announced (tentative)

September 14, 2026

DELIVERED BY US POSTAL SERVICE

MAIL:

DELIVERED BY OTHER DEIVERY

SERVICES:

City of Raleigh City of Raleigh

ATTN: Mike Hughes ATTN: Mike Hughes

EM Johnson Water Treatment Plant EM Johnson Water Treatment Plant

Raleigh, NC 27614 Raleigh, NC 27614

RFP No. 274-RW-WTP-FY26-3-

LOX-FMH

RFP No. 274-RW-WTP-FY26-3-

LOX-FMH

Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number and the RFP Title.

Proposers must submit:

A. one (1) signed original;

B. one (1) electronic version of the signed proposal and;

C. and (Three) (3) copies of the signed proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a USB Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in RFP Timeline (Section 1.3). Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package.

Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest.

Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the firm elects to mail in its response, the firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in the RFP Timeline (Section 1.3). Regardless of the delivery method, it is the responsibility of the firm to ensure that their proposal arrives at the designated location specified in this Section by the due date and time specified in the RFP Timeline (Section 1.3).

3.7 Business Engagement & Opportunities

The City of Raleigh maintains processes to conduct business with all business enterprises, including small, emerging, growing, under-capitalized, and under-resourced firms or organizations.

3.8 Rights to Submitted Material

All proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process.

Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process.

3.9 Communications

All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1 (Purpose), prior to the deadline provided in the RFP Timeline (Section 1.3). Violation of this provision may result in the firm’s proposal being removed from consideration.

3.10 Lobbying

By responding to this RFP, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP.

3.11 Conflicts of Interest

City of Raleigh contracts are controlled by three conflict of interest provisions.

First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a):

(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states:

No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.

3.12 Proposer Expenses

The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation.

3.13 Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities and reserves the right to re-advertise this RFP with either the identical or revised scope and specifications if it is deemed to be in the best interests of the City to do so.

The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the best interest of the City to do so. Moreover, the City reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City.

4 PROPOSALS

Submitted proposals must follow the format outlined below. The City may reject as non-responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

4.1 Request for Proposals Required Document Format

Proposals should be on 8-1/2” x 11” (A4-sized) paper, printed on both sides, bound with only removable clips or staples (no 3-ring binders), and divided into sections using tabs to easily identify and separate each section as follows:

2.1.1. Section/Tab 1: Cover Letter

Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

2.1.2. Section/Tab 2: Corporate Background and Experience

Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past (5) number of years, accompanied by at least (5) references (contact persons, firm, telephone number and email address).

Include the total amount invoiced for each listed project, the length of the project, and list of those involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects.

2.1.3. Section/Tab 3: Financial Information

Review and provide one of the following three (3) financial statement options:

1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)).

2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm.

All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows:

“CONFIDENTIAL – DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF

PROPOSAL EVALUATION.“

“Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm.

2.1.4. Section/Tab 4: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

2.1.5. Section/Tab 5: Team Firm, Experience and Certifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the Proposals and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included.

2.1.6. Section/Tab 6: Cost

In a separate sealed envelope provide a minimum of (Three) (3) complete copies of the Proposal Cost Form and any additional itemized cost breakdown or price schedule.

Hourly rates shall be fully burdened to include all costs, all applicable overhead and profit (including lodging, meals, and transportation). Attach any additional pricing details.

4.2 RFP Documents

This RFP is comprised of the base RFP document, any attachments, and any addenda released before the contract is awarded. All attachments and addenda released for this RFP in advance of any contract award are incorporated herein by reference.

5 PROPOSAL EVALUATION

5.1 Proposal Evaluation Criteria (Stage 1)

This is not a bid. There will not be a public opening. The proposals received in response to this RFP will be evaluated and ranked by the evaluation committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response and not based on what is inferred. After thoroughly reading and reviewing this RFP, each evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table.

The maximum interview/demonstration points a Proposer can receive is five (5) points.

The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposers’ interview/demonstrations shall be based solely upon information provided in each Proposer’s original proposal. No new information may be presented.

Criteria (a) Weight

(b) Score (0-3)

(a) x (b) Weighted

Score

Corporate Background and Experience 10

Firm Financial Stability 10

Project Understanding 20

Project Approach 15

Team Organization and Experience 20

Proposed Cost 25

Total Score (without Interview/Demonstrations)

Interview/Demonstration (if applicable) (1-5 points)

Final Score (with Interview/Demonstrations)

Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation

Cost Formula: The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the following formula:

1 - B - A x C = D A

A—the lowest Proposer’s cost.

B—the Proposer’s cost being scored.

C—the maximum number of cost points available.

D—Proposer’s cost score (points).

Note: If the formula results in a negative number (which will occur when the Offeror’s cost is more than twice the lowest cost), zero points shall be assigned.

5.2 Interview/Demonstration (Stage 2)

A short-list of firms may be invited to Stage 2, Interview/Demonstration, step of the evaluation process. Interview/demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the proposer’s solution meets the critical components of the RFP.

5.3 Final Selection

Proposals will be evaluated and ranked according to the criteria and weighted values set forth in Section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process.

If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation.

After which negotiations of a contract with the most qualified firm will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing immediately following the City’s decision.

The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract.

5.4 Notice to Proposers Regarding RFP Terms and Conditions

It shall be the Proposer’s responsibility to read the RFP Instructions, the City’s contract terms and conditions (within the sample City Service Contract provided in Appendix IV), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

5.5 Contract Term

The contract issued by the City to the awarded proposer will define either a completion date by which the services are to be completed and finished, or a term date by which the services will begin and be provided repeatedly over a specific period. The details of the contract term and any options to renew or extend the contract, will be stated in the contract issued by the City. See Appendix IV for a sample-version of the City’s contract for services.

6 SCOPE OF SERVICES

Awarded proposer shall provide services, all as set forth in this RFP and more particularly described in this Section 4.

The City of Raleigh wishes to contract for the purchase of Liquid Oxygen (LOX) as stated in the specifications below for a period of Five (5) years. LOX tanks and equipment will be installed by the contractor and leased from the contractor. Contractor shall provide annual lease cost for tanks and equipment and bill monthly. Contractor shall be responsible for all maintenance of tanks and equipment. Contractor shall be responsible for remote monitoring of tank levels and making deliveries before the tanks reach low level.

Pricing of Liquid Oxygen must be firm for one year. No more than a 2% increase per year will be allowed and only with documentation from manufacturer of such an increase. Increases greater than 2% may be grounds for cancellation of the remainder of contract period. Price increases/decreases will be re-negotiated at the end of each contract year. Quantities are estimated at 1,800,000 total pounds per year for the EM Johnson WTP. Minimum monthly usage is estimated at 90,000 pounds. Maximum monthly usage is estimated 225,000 pounds.

Plant ozone systems may be offline periodically for scheduled annual maintenance.

Liquid Oxygen product ($/lbs.)

Corresponding tanks and equipment lease. ($/month)

Required Documents:

List of three (3) references from large (10 MGD or greater) drinking water treatment plants

Equipment installation Plan (See section 3.2.4 below) Copy of Lease Agreement Letter of Product Commitment stating that the vendor will ensure no interruption in the supply of Liquid Oxygen to the EM Johnson WTP.

EM Johnson WTP required tanks and equipment:

Two (2) vertical 9,000-gallon tanks or larger. Local level gauge for each tank. Local Pressure gauge for each tank. Normal operating pressure of tank shall be 120-220 psi.

Two (2) Ambient Air vaporizers and valves to isolate each one for deicing.

Two (2) block heaters 480V each capable of increasing the gas temperature to at least

38°F

All piping, valves, fittings, and accessories required for a complete operational oxygen system. All piping shall be configured so if any one piece of equipment is out of service, oxygen can still be produced and sent to facility’s ozone system.

4-20 mA signal wires for level and pressure for each tank to connect to plant SCADA

4-20 mA signal wires for temperature post-vaporizers.

All valves are necessary to isolate a section of pipe or a tank in the event of a leak.

Required pressure for plant ozone generator gas feed: 40 psi

Specifications for Liquid Oxygen (LOX)

Affidavit of Compliance

An affidavit from the manufacturer or vendor must be furnished showing compliance with all applicable requirements of these specifications.

The person(s) authorized to certify the affidavit of compliance for the Contractor shall be as stated in the Request for Bid.

The affidavit of compliance tender documents shall accompany each delivery. The Liquid Oxygen MUST MEET AWWA B304-13 latest edition and ANSI/NSF STANDARD

60. The vendor must provide technical assistance as deemed necessary by the City of Raleigh on the application of their product.

Quality

Liquid Oxygen must comply with the following parameters:

Chemical Properties:

Oxygen, min %(v/v) 95.0 %

Moisture 1 ppm

Argon, max ppm (v/v) 4.5%

Nitrogen, max ppm (v/v) 2.5%

Total Hydrocarbons as methane, max ppm (v/v) <20 ppm Physical Properties:

Molecular Weight 31.998

Color o Vapor None o Liquid Clear Pale Blue

Boiling Point (1 atm) -297.33oF (-182.96oC)

Latent Heat of Vaporization 91.7 Btu/lb. (213 kj/kg)

Specific Heat, Gas 70oF(21.1oC), 1 atm o Constant Pressure, Cp 0.2193 Btu(lb.oF)

(0.9181kj-1K-1) Gas/Liquid Ratio o Gas at 70oF(21.1oC) o Liquid at sat, 1 atm (v/v) 860.5

Solubility in water o Gas at 70oF(21.1oC)1 atm, 10 mg/L 8.021

Certified Laboratory Report

For the first delivery to the Water Treatment Plants or when a significant change occurs in the contractor manufacturing process, a certified laboratory report must be submitted to:

City of Raleigh Public Utilities Department E.M. Johnson Water Plant

Attention: Plant Operations Superintendent P.O. Box 590

Raleigh NC, 27602

Equipment Installation

The E.M. Johnson Water Treatment Plant uses LOX to make ozone which is critical to the water treatment process. To ensure there is minimal interruption of the LOX supply to the facility the contractor must submit a LOX system installation plan to provide product/leased equipment to our facility. The plan should outline the timeline for system installation and start-up including completion date.

Equipment Lease and Maintenance

The vendor shall maintain the LOX system throughout the lease period. Any leaks shall be fixed within 24 hours. The maintenance technician’s name and phone number must be provided. A 24-hour emergency contact telephone number and emergency 24-hour maintenance service support phone number shall be provided. At the end of the Five (5) year contract term the contractor shall remove their equipment at no cost to the City of Raleigh within a reasonable time frame to accommodate the installation of a new system. If the same contractor is selected for another contract term concluding this term, the equipment will not need to be removed.

Liquid Oxygen System Specifications

Scope of Work

A. The equipment of the Section shall be furnished, installed and maintained as part of the lease…