Landfill_Gas_Utilization_Project_(Addendum_#3_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230007

LANDFILL GAS UTILIZATION PROJECT

Due Date: Thursday, November 17, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/23473

PUBLISH DATE: September 29, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 230007

BUSINESS SERVICES DEPARTMENT Page 2 of 50 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Matthew Sage

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4081

Attachments:

A - OFFER AND ACCEPTANCE.RFQ - DO NOT USE (REPLACED IN ADDENDUM

NO. 2)

B - SBE Provisions C - Los Reales Landfill Gas Recovery and Reutilization Feasibility Assessment D - Financial Resources Data Form E - Bank Credit Reference Form F - Financial Inquiry Form

BUSINESS SERVICES DEPARTMENT Page 3 of 50

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 230007

Landfill Gas Utilization Project

The City of Tucson is conducting a competitive Two-Step Process, inclusive of Step 1 - Request for Qualifications (RFQ) and Step 2 - Request for Proposal (RFP) to select an experienced, qualified, fully integrated, multi-discipline firm to invest, install, and maintain equipment to clean the landfill gas (LFG) generated at the Los Reales Sustainability Campus (LRSC) and to market the gas as a renewable natural gas (RNG) product, including the environmental attributes.

SUBMITTAL DUE DATE: Thursday, November 17, 2022 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Wednesday, October 19, 2022

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: 5300 East Los Reales Road

Tucson, Arizona

SITE VISIT TO FOLLOW

(OPTIONAL: MICROSOFT TEAMS MEETING LINK)

QUESTIONS SHALL BE DIRECTED TO: Matthew Sage

(520) 837-4081 matthew.sage@tucsonaz.gov

Publication Dates: Thursday, September 29, 2022 and Thursday, October 6, 2022

Posted Date: Thursday, September 29, 2022 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWZhYTU2NzEtOWQxYy00ZWNkLWExYWUtNDBlMzBkMTMxNmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2290e7c1b3-c307-4417-a70a-277608578f64%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson (COT), Environmental & General Services Department (EGSD), is issuing this Solicitation for experienced, qualified, fully integrated, multi-discipline Offerors, firm(s) to develop capital and operational investment options, install, and maintain equipment to clean the landfill gas (LFG) generated at the Los Reales Sustainability Campus (LRSC), located at 5300 E. Los Reales Rd, Tucson, AZ to pipeline grade standards and market the gas as a renewable natural gas (RNG) product, including the environmental attributes.

In 1967, the LRLF began accepting municipal solid waste (MSW) and construction and demolition waste and today the waste volume is estimated at 22,000,000 tons of MSW. The site currently receives approximately 700,000 tons per year of waste from several service areas.

The LRSC is comprised of approximately 1,087 acres. The existing waste disposal footprint consists of approximately 183 acres of unlined landfill area, 80 acres of current lined landfill and 160 acres of proposed expansion lined landfill area. Adjacent expansion areas developed will ultimately "piggyback" onto the current waste disposal mound to form a continuous waste mass.

Previously, LFG collected from LRSC was transported via an underground pipeline to the Tucson Electric Power (TEP), H. Wilson Sundt Generating Station, where it was used as a supplementary fuel for steam generating units for electrical power generation. Transportation of the LFG to TEP was discontinued in November 2019, since then, the LFG has been flared.

The current Gas Collection and Control System (GCCS) consists of 119 vertical LFG extraction wells of which 33 are active. The wells are connected, via a network of high-density polyethylene (HDPE) lateral and header piping, to the LFG compressor and candlestick flare systems.

The flare system is a candle stick flare manufactured by John Zink, Model ZEF 1030 and has a maximum capacity of 2,600 standard cubic feet per minute (scfm) capacity. The blower system utilizes two Lamson direct drive gas blowers rated at a flow rate of 1,345 scfm each (40 Hp each).

Recently, at the City’s request, GHD Consultants completed a Landfill Gas Recovery and Reutilization Feasibility Assessment, included as an Attachment to this Solicitation. A number of strategic drivers and objectives were evaluated as a part of the study which included, but not limited to, landfill gas (LFG) production, environmentally beneficial end use for the LFG, economic and fiscal impacts, technology options, and the City’s long-term sustainability and climate action goals including those outlined in Resolution 23222.

The study’s final recommendation for LFG utilization included:

• Expansion of the GCCS system to capture 2,400 scfm with the possibility of future system expansion(s)

• Construction of an LFG to RNG Processing Facility

• Construction of a transfer pipeline and injection station to inject RNG to Kinder Morgan natural gas line

BUSINESS SERVICES DEPARTMENT Page 5 of 50 o COT to enter into contractual offtake agreements, facilitated by the local utility, to credit

RNG produced at the facility to fuel its CNG fleet.

o Excess RNG above COT’s fleet demands to be sold to other transportation users connected to SWG’s network .

The qualified firm or team selected through this solicitation, will be tasked to evaluate GHD’s assessment/recommendations and propose the most environmentally beneficial end use for the LFG, while considering economic and fiscal impacts, technology options, associated capital and operating costs, regulatory requirements and gas quality and production.

COT is seeking responses based on GHD’s recommendation to construct an LFG utilization system as noted. However, the City will consider LFG reutilization alternatives that results in improvements to health and environmental impacts, and which present a financial benefit to the City.

The intent of this Solicitation for the Landfill Gas Utilization Project (LGUP) is to select a qualified and competent Offeror to contract with the City of Tucson to reduce the environmental impacts and maximize the value and utilization of the LFG generated by the landfill. The City of Tucson desires to utilize this resource to achieve the following objectives:

• Reduce greenhouse emissions by offsetting the usage of fossil fuels while maximizing its environmental attributes as measured by the generation of verified RINS;

• Create an environment where there is a potential for the creation of local jobs; and

• Generate revenue and reduce operational costs to reduce the overall revenue requirements of the COT-Environmental Services Fund

The City of Tucson recognizes its ability to operate and maintain the LFG collection system and has the motivation to improve the environmental impacts of its operations.

The City of Tucson is issuing this Solicitation to select an Offeror for the permitting, licensing and develop of investment options and partnerships to install, maintain and operate a LFG cleaning system with the purpose to convert raw landfill gas to renewable natural gas which meets pipeline gas quality standards that will be injected into the natural gas network to be used by the City of Tucson as a transportation fuel and for any excess RNG be sold in the open market while maximizing the value of the environmental attributes.

The selected Offeror will be working with City of Tucson staff, contractors, pipeline owners, utility companies, regulatory agencies and other program consultants. The City of Tucson recognizes that the selected Offeror may be assuming the risk of investment in which a return for this risk is expected.

The City of Tucson will evaluate proposals to ensure that the maximum value of the LFG’s physical and environmental attributes is attained while maximizing the social and environmental benefits that this project can bring to the City of Tucson.

This RFQ invites Offerors to submit SOQs describing in detail their technical and financial qualifications to perform the requested services. The issuance of this RFQ is the first step in a two-step procurement process. ONLY THOSE FIRMS THAT RESPOND TO THIS RFQ AND ARE SHORT-LISTED BY THE

EVALUATION COMMITTEE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS RFQ, WILL

BE ISSUED A REQUEST FOR PROPOSAL (RFP) AND INVITED TO SUBMIT A PROPOSAL IN

RESPONSE TO THE RFP (STEP 2).

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UP TO THREE (3) FIRMS WILL BE SHORT-LISTED AS ELIGIBLE TO PARTICIPATE IN THE RFP

STAGE OF THIS PROCUREMENT.

By utilizing this approach, the City expects to secure substantial benefits for its taxpayers and customers. These benefits include aggressive project design and construction scheduling, optimal risk allocation, competitive design selection, clear assignment of performance responsibilities, long-term facility operations and maintenance efficiencies, optimal revenue sharing and cost savings. Other expected benefits include the full integration of key design, construction, operations, maintenance and quality assurance personnel in all aspects of the Complex development. City's intent in developing this RFQ and the subsequent RFP is to encourage qualified firms to provide the best innovative solution in accordance with the requirements of this RFQ and the subsequent RFP. The technical requirements for the Complex will be presented in the RFP. The presentation of technical requirements in this RFQ is for general understanding only, and is not necessarily indicative of RFP requirements.

B.2. Contact Information

Matthew Sage Procurement Manager 255 South Alameda Tucson, AZ 85701 Email: matthew.sage@tucsonaz.gov Phone: (520) 837-4081 Department:

EGSD

mailto:matthew.sage@tucsonaz.gov tel:(520)837-4081

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C. SCOPE OF WORK

C.1. General

The City is soliciting Statements of Qualifications (SOQs) to identify a qualified firm or team for the development of pipeline quality RNG from landfill gas at the Los Reales Landfill. RNG will be injected into Kinder Morgan Natural Gas and/or Southwest Gas pipeline system with contractual offtake agreements, facilitated by a local utility, to use the RNG to fuel the City of Tucson’s CNG fleet as well as other transportation sector customers.

Responses shall focus on design, construction, and long-term operation and maintenance of the landfill gas conversion and reutilization system. The system shall be initially designed to accept 2,400 scfm of

LFG.

The scope of work, division of responsibilities, contract form, revenue sharing arrangements, as well as other terms and conditions will be determined based on the selected Offeror and contract negotiations between the City and the selected Offeror. It is anticipated that any agreement entered into pursuant to this Solicitation will include the following provisions.

C.2. City of Tucson Responsibilities

A. The COT will provide a negotiated minimum delivery amount, in scfm and methane content, to the selected Offeror at least 90% of the time per year unless unforeseen, maintenance, operational, or regulatory event(s) occur that prevent the projected delivery amount. Notice will be provided to the selected Offeror if well(s) in the field will be removed from service. The amount of gas may be increased, upon mutual agreement, as the COT expands the existing collection system or develops a new source of landfill gas generation.

B. The COT will maintain control of the operation and maintenance of the LFG well field. This will include balancing the well field to maximize landfill gas collection, dewatering of wells, tuning well heads to meet demand. Data collected for the operation of the well field will be shared with the selected Offeror.

C. The COT will provide the selected Offeror with an identified areas for installation of equipment required for the cleaning and processing of the LFG, and access to the site and utility easements on COT property per a proposed ground lease agreement. The agreement will provide, 24-hours, 7-days a week access.

D. GCCS Performance and LFG Analytical Data: The COT will provide all available GCCS performance and LFG Analytical data to include but not limited to gas flow graphs, building site, architectural, structural, mechanical, electrical, plumbing, telecommunications, fire protection, security drawings and specifications to the selected Offeror. These drawings and specifications may not be complete or in an as-built condition. The selected Offeror will need to confirm the accuracy of drawings and specifications.

E. The COT will maintain current permits and assist the selected Offeror with permits as needed for operation of the Project. Selected Offeror may be required to be a co-permittee for various COT permits.

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C.3. Offeror Responsibilities

A. The Selected Offeror will be responsible for specifying and securing all the gas cleaning equipment to convert raw LFG to utility grade RNG. Selected Offeror is required to clean the gas to pipeline quality and specifications as established by Kinder Morgan and/or Southwest Gas Corporation or to provide detailed specifications if a virtual pipeline is used.

B. Ensure that the RNG produced meets the required standards before delivering RNG to the receiving utility and be responsible to maintain the receiving utility standards while operating the system.

C. Ensure that the Offeror’s system meets all the receiving utility’s interconnection and compliance throughout the useful life of this system.

D. Responsible to license, permit, finance and construct the transfer pipeline and injection station to inject the RNG to the appropriate natural gas receiving utility.

E. Ensure, demonstrate and document conformance with the various goals outlined in COT- Climate Emergency Declaration Resolution 23222. To this end, it is expected that the Offeror will utilize renewable energy (solar) as the primary source of power for the clean-up facility.

Offeror will work with the COT to determine if on-site generation, or RECs will be the most economical solution with an initial preference for on-site generation.

F. Produce, maximize, optimize and transport RNG of sufficient quality, quantity, pressure, and metering for injection into the receiving natural gas utility provider.

G. Selected Offeror is required to submit a preliminary design plan for review by the COT prior to installation. Such plans are required to be stamped by an engineer licensed in the State of Arizona of the require discipline. A copy of the final as-builts will be provided and kept on file with the COT.

H. The Offeror will work with the COT to identify a suitable location within the landfill property for the LFG Utilization System. The Offeror will describe the size and location of the parcel of land that their proposed system will require. The size and the location of the parcel are subject to review and approval by the COT.

I. The Offeror shall coordinate with the COT during the proposed Project development and subsequent operations to avoid or at least minimize interference with ongoing landfill operations.

J. Selected Offeror will be required to attain an interconnection agreement and a transportation agreement with Kinder Morgan and/or Southwest Gas to inject the RNG to their pipeline system(s). To guarantee the quality of the RNG, the receiving utility will most likely install and maintain the necessary gas quality testing equipment at the injection point into the distribution system. The Offeror shall coordinate with Kinder Morgan and/or Southwest Gas Corporation for requirements on the development, design, permitting, licensing, construction and approval process.

K. Selected Offeror will be responsible for the installation of all electrical, mechanical, process piping, data/communications, etc. within the confines of the selected Offeror’s leased area or easement or areas designated by COT as required by the project.

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L. Selected Offeror will be responsible for the daily operation of the gas cleaning system and data management. No services can be subcontracted without the consent and approval of the City of Tucson.

M. Selected Offeror will maintain a presentable and safe work site.

N. Selected Offeror is required to establish transportation and delivery agreements for the processed RNG. The natural gas provider in the vicinity of the LRSC are Kinder Morgan and Southwest Gas Corporation. For injection into their pipeline(s), the Selected Offeror is required to meet the quality and pressurization standards as required by the receiving natural gas utility.

The Selected Offeror will need to execute both interconnection and transportation utilities directly with the appropriate receiving utility provider. Other forms of RNG transport to market may be acceptable but the Offeror is required to provide details on the transport and end use.

O. The COT will reserve the right to purchase a portion of the RNG, at a discounted wholesale rate, after injection into the pipeline for its current and future use.

P. Depending on the proposed financial model, the Offeror or the COT may retain the rights of the environmental attributes. If the Offeror retains the environmental attributes, the Offeror will be responsible for performing all work in accordance with the Code of Federal Regulations (CFR) Title 40, Part 80 Subpart M – Renewable Fuel Standard (RFS), the Energy Independence and Security Act (EISA), and all other federal, state and local regulations. The LFG generated at the LRSC would likely be classified as a Cellulosic Biofuel (D-3).

Q. Offeror will be responsible for safe, efficient, effective, optimal and continuous operation of all facilities and equipment related to the RNG facility, transfer pipeline, injection and metering systems as to ensure regulatory compliance with respect to the LFG extraction, surface emissions monitoring requirements, LFG mitigation measure, greenhouse gas emission compliance and any other LFG compliance issues.

R. Offeror shall be responsible to provide an LFG flare, equivalent to or greater than the capacity of the proposed LFG to RNG system.

C.4. Regulatory Requirements and Permits

The LRLF operates under Pima County Department of Environmental Quality (PDEQ) Title V Air Quality Permit 3618, revised on October 28, 2014 (AQ Permit). The AQ Permit has been issued under Federal authority, Title 40 of the Code of Federal Regulations, Part 60 (40 CFR 60), New Source Performance Standards (NSPS), Subpart WWW – Standards of Performance for Municipal Solid Waste Landfills, and 40 CFR Part 63, Subpart AAAA – National Emission Standards for Hazardous Air Pollutants (NESHAP): Municipal Solid Waste Landfills.

The existing AQ Permit and the Solid Waste Facility Plan can be viewed at the following link:

https://www.dropbox.com/s/ya1nsnld54pzp5l/Attachments.zip?dl=0

The Offeror shall identify and obtain all necessary permits and licenses, as applicable, for the design, construction, and operation of the Project. This may include modifying existing permits. The Offeror will be responsible for ensuring that the LFG Utilization System is designed and constructed to meet all applicable permit requirements for the useful life of the system. EGSD may assist with facilitating the permitting process as needed.

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The Offeror will be obligated, immediately following the execution of the Contract, to use all commercially reasonable efforts to secure all permits necessary to develop the Project. The Offeror should make its own determination as to which permits will be needed for the Project.

The Offeror shall secure all permitting. The Offeror may begin development of various elements of the Project on a staged basis at any time it is legally authorized to do so and as approved by the COT.

The Offeror shall be required to submit completed applications to the COT-EGSD for each of the necessary permits on or before specific deadlines to be established in the Contract.

The response shall specifically describe the approach for obtaining and/or renewing such licenses, permits, approvals, and authorizations, as necessary. The response shall identify the instances where coordination and/or assistance are required and/or anticipated from the COT or other parties for obtaining such approvals.

The Offeror shall be responsible for mitigating regulatory violations and fines during development and subsequently during the entire period of the proposed and developed LFG Utilization System. If the COT is required to pay fines for regulatory violations, as determined to be the responsibility of the Offeror, the Offeror shall reimburse the COT.

Extraction of LFG is required by Pima County Department of Environmental Quality (PDEQ) regulations to be implemented not greater than five years after initial placement of waste in a new fill area within the landfill. Offeror shall work with the COT to ensure the system is designed and constructed to allow for expansion of the GCCS into new fill areas.

The Offeror will be responsible for notifying COT of any system failure, shut-down, or non-compliance issues immediately. Reporting records will be provided to COT for a Shut-Down and Start-up occurrence as per Pima Department of Environmental Quality, Permit #3618 requirements. A copy of all reporting documents will be provided to COT to be included in the Los Reales Landfill Solid Waste Operating Record.

During the initial one-year term, Offeror shall provide on-going process & equipment training for plant operators, electricians, mechanics, and control systems to City staff. A comprehensive operation and maintenance manual shall also be provided in both digital and hard copy format for City’s use.

The Offeror shall provide a complete set of original, unmarked, manuals for each piece of on-site equipment in both physical and digital formats. Manuals shall also be provided for any new equipment that the Offeror purchases and/or installs over the Contract period. The Offeror shall also provide equipment repair and warranty records for all equipment. Operations & maintenance manual(s), shall be provided to the COT-EGSD.

C.5. Marketing and Sale of RNG and Environmental Attributes

Depending on the Offeror’s approach identified in their submittal, the COT may be responsible to market and sell the RNG and its environmental attributes at its highest value on behalf of the City. The City may retain ownership of all gas produced and its environmental attributes.

The responses may include the Offeror’s approach to market and sell RNG on the external market. A projection of environmental attributes and how to secure those benefits may be included.

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The City owns a CNG facility which fuels its refuse collection and transportation fleet. Kinect currently provides the CNG received and Southwest Gas provides delivery. The RNG generated from this project will be utilized at the City’s CNG facility.

The Offeror shall identify and advise the City on all opportunities and options for marketing and sale of the RNG and associated environmental attributes.

C.6. Reporting

The Offeror shall provide monthly operational reports to demonstrate that the:

• Landfill Gas Utilization Project (LGUP) is being operated in conformance with the agreed terms, conditions and specifications;

• LFG extraction is optimized to yield the maximum quantity and quality of methane;

• RINs are being created, tracked, and monetized per the agreement; and

• LFG regulatory compliance is being achieved

C.7. Schedule

The Offeror shall complete, as applicable, all design, agreements, permits, licensing, improvements, facilities, pipelines, interconnects, metering system and all the construction for a fully functioning Landfill Gas Utilization Project to include the injection of the produced RNG to the appropriate receiving natural gas utility within 36 months from the time of award.

Offeror shall provide a detailed project schedule to meet this goal. Failure to complete the project within the contracted timeframe may result in breach of contract and may be cause for termination

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D. INSTRUCTION TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION:

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

Agency of User Department: Used interchangeably to mean the City department or division responsible for managing the project.

City (COT): The City of Tucson, Arizona

Contract: The legal agreement executed between the City and the Contractor/Contractor.

Contractor/Contractor: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City.

Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

Director of Business Services: The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation.

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City’s sole discretion, result in the rejection of a proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position. A Site Tour will immediately follow the Pre-Submittal Meeting. In-person attendees are requested to wear close-toed shoes.

D.3. INQUIRIES:

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or via the

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Question and Answer section. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF REQUEST FOR QUALIFICATIONS:

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that Offerors who have registered with the Business Services Department at https://secure.procurenow.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. FAMILIARIZATION OF SCOPE OF WORK:

Before submitting a statement of qualifications, each Offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a statement of qualifications will constitute a representation of compliance by the Offeror.

There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, or lack of such familiarization.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS:

A. All submittals shall be on the forms provided in this RFQ package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the Solicitation.

B. Confidential Information. Any information in its submittal that the Offeror wishes to be treated as confidential must be clearly marked "CONFIDENTIAL".

C. At a minimum, your SOQ should include the signed Transmittal Letter, Certificate of Authorization, responses to the evaluation criteria, and acknowledgement of any and all Solicitation Addenda.

D. The Transmittal Letter and Certificate of Authorization must be signed by a person authorized to submit an offer. An authorized signature on the Transmittal Letter and Certificate of Authorization or cover letter accompanying the submittal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the Agreement.

E. The authorized person signing the submittal shall initial erasure, interlineations or other modifications on the submittal.

F. It is the responsibility of all offerors to examine the entire RFQ package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before

BUSINESS SERVICES DEPARTMENT Page 14 of 50 submitting a response. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

G. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation.

H. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included.

I. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror's submittal.

D.7. EXCEPTIONS TO CONTRACT PROVISIONS:

By submitting an offer in response to this Solicitation, Offeror is agreeing to enter into a contractual relationship with the City. The Insurance Requirements and Standard Terms and Conditions provided in this Solicitation are for reference purposes only and will be further defined during Step 2 - Request for Proposals.

D.8. PUBLIC RECORD:

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.9. CONFIDENTIAL INFORMATION:

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.10. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

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A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502.

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

D.11. WHERE TO SUBMIT STATEMENT OF QUALIFICATIONS:

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system:

https://procurement.opengov.com/portal/tucson-az.

NOTE: THE ENTIRE OFFER MUST BE IN "SUBMITTED" STATUS IN THE CITY’S ONLINE BIDDING

SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED IN THE

SYSTEM, BUT THAT ARE NOT IN "SUBMITTED" STATUS BY THE OFFER SUBMITTAL DEADLINE

WILL NOT BE CONSIDERED.

D.12. LATE SUBMITTALS:

Late submittals will be rejected.

D.13. TRANSMITTAL LETTER AND CERTIFICATE OF AUTHORIZATION

By signature on the Transmittal Letter and Certificate of Authorization, your firm certifies:

A. The submission of the offer did not involve collusion or other anti-competitive practices.

B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.

C. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

D. The Offeror submitting the offer hereby certifies that the individual signing the offer is an authorized agent for the Consultant and has the authority to bind their firm to a Contract.

https://procurement.opengov.com/portal/tucson-az

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E. Commits the Offeror, if short-listed, to submit a Proposal, in response to Step 2 - Request for

Proposal (RFP).

D.14. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the Step 2 - Request for Proposal the submittal due date and time.

D.15. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. Offers received as part of Step 2 - RFP will be irrevocable for 90 days after the Offer Submittal Deadline.

D.16. CONTRACT NEGOTIATIONS:

At the completion of the evaluation process, the City may enter into negotiations with the top ranked Offeror to determine fees, and to negotiate any other portion of the Contract deemed by the City to be necessary. In the event that the City is not able to negotiate successfully with the top ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the next ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the City is not able to negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City.

D.17. OFFEROR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://secure.procurenow.com/portal/tucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

D.18. UPON NOTICE OF INTENT TO AWARD:

The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

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D.19. AWARD OF CONTRACT:

Notwithstanding any other provision of the Request for Qualifications, the City reserves the right to:

A. waive any immaterial defect or informality; or

B. reject any or all proposals, or portions thereof; or

C. reissue the Request for Qualifications.

A response to this solicitation is an offer to enter into negotiations and contract with the City based upon the terms, conditions, and specifications contained in the City's solicitation. Submittals do not become contracts unless and until they are executed by the City's Director of Business Services and the City Attorney. All of the terms and conditions of the solicitation shall be incorporated in the Contract, unless any of the terms and conditions are modified by a solicitation addendum, a contract addendum, or by mutually agreed terms and conditions in the final contract documents

D.20. PROTESTS:

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award fo a Contract under this Solicitation. A protest based on alleged improprieties in this Solicitation must be filed no later than five (5) working days before the Submittal Deadline. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of Notification of Intent to Award, or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. Identification of the Request for Qualification or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

D.21. REQUEST FOR QUALIFICATIONS

A. The evaluation of the SOQs will be based on the requirements described in this RFQ. All properly submitted SOQs will be evaluated and ranked according to the stated selection criteria and relative weight of the selection criteria by the evaluation committee. SOQs shall not include any information regarding fees, pricing, person hours or other cost information.

B. An appropriately qualified selection committee shall evaluate the SOQs and performance data that are submitted in response to the City’s RFQ for the proposed contract.

C. The evaluation committee will evaluate SOQs based upon evaluation of the criteria and relative weight of the selection criteria published in this RFQ. As part of Step 1- Request for Qualification, the City does not intend to conduct interviews as part of this Solicitation, BUSINESS SERVICES DEPARTMENT Page 18 of 50 however, the City reserves the right to consider and conduct interviews as part of Step 1 - Request for Qualifications.

D. Based on the results of the evaluation of SOQs submitted in response to the RFQ, the City will recommend short-listing to the three (3) most qualified firms for Step 2 - Request for Proposal (RFP) as outlined in the Selection Process.

D.22. ACCEPTANCE OF EVALUATION METHODOLGY

By submitting a response to this RFQ, Offeror acknowledges and accepts the evaluation process, the established criteria and associated point values, and that the determination of "most qualified" firm will require subjective judgements.

D.23. EXPENSES OF THE OFFERORS

The City accepts no liability for the costs and expenses incurred by the Offerors in responding to this RFQ, the forthcoming RFP, responses to clarification requests and discussion meetings, and resubmittals, and any other activities included as part of this procurement process. Each Offeror that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from City or from any of its employees, advisors or representatives for the costs and expenses associated with the process, including, but not limited to, costs of preparation of the SOQ or Proposal, loss of anticipated profits, loss of opportunity or for any other loss, cost or expense.

D.24. CITY'S RESERVATION OF RIGHTS

The City may evaluate the responses based on the anticipated completion of all or any portion of the Project. The City reserves the right to divide the Project into multiple parts, to reject any and all SOQs and re-solicit for new SOQs, or to reject any and all proposals and temporarily or permanently abandon the RFQ. The City makes no representations, written or oral, that it will enter into any form of agreement with any Offeror to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ.

D.25. AWARD OF CONTRACT

Notwithstanding any other provision of the solicitation, the City reserves the right to:

A. waive any immaterial defect or informality; or

B. reject any or all offers, or portions thereof; or

C. reissue the solicitation.

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E. SELECTION PROCESS

E.1. SELECTION PROCESS

The selection process is provided below:

• Step 1 - Request for Qualification (RFQ) Process - Statement of Qualifications (SOQ) o A qualified committee will evaluate the Statement of Qualifications (SOQ's) submitted in accordance the Criteria provided in Section 6 - Evaluation Phases to determine the three

(3) offeror(s) most qualified to shortlist and enter into Step 2 - RFP Process.

▪ As part of Step 1 (RFQ Process) the City reserves the right to enter Presentation/Interviews based on the score of the SOQ. Should interviews/discussion be held, the City shall establish a short-list of at least three (3) but no more than five (5) firms, to advance to interviews. If interviews are held, selected firm's should be prepared to present to the Evaluation Committee. The Procurement Department will provide additional details to the invited firms, including date and time of the interview on or about fourteen (14) calendar days prior to interviews. If interviews/discussions occur, the City will provide an agenda or outline in advance of the interview covering any additional requirements to be addressed by the invited firms.

▪ The committee shall score the firms on the stated criteria with the intent of entering into Step 2 - Request for Proposal outlined below.

• Step 2 - Request for Proposal (RFP) Process o In response to the RFP, Offerors will first submit Preliminary Technical Proposals.

Following the submittal of Preliminary Technical Proposals, the Evaluation Committee may conduct discussions with each Offeror concerning the Preliminary Technical Proposals.

o RFP Proposal Evaluation

▪ Final Technical Proposals and Price Proposals received in response to the RFP will be evaluated and scored using the RFP Evaluation Criteria and scoring method that will be included in the RFP.

▪ In applying the scoring method, the Evaluation Committee will first evaluate the Final Technical Proposals, and only after evaluating and scoring the Final Technical Proposals will the Price Proposals be opened, evaluated and scored. With respect to the assessment of the Offeror’s financial capacity during the proposal evaluation phase of the procurement, this assessment will focus on whether the Offeror has experienced a material decline in financial strength during the period after short-listing of Offerors and the submittal of proposals. The Selected Offeror will be the Offeror receiving the highest score under the RFP Evaluation Criteria and the scoring method defined in the

RFP.

E.2. STATEMENT OF QUALIFICATIONS (SOQ)

All submittals shall include any and all forms provided in this solicitation package. It is permissible to copy these forms as required. The Transmittal Letter and Certificate of Authorization shall be submitted

BUSINESS SERVICES DEPARTMENT Page 20 of 50 with a signature by the person authorized to sign the submittal. Erasures, interlineations, or other modifications in the submittal shall be initialed by the person authorized to sign the submittal. Periods of time, stated as a number of days, shall be in consecutive calendar days. It is the responsibility of all offerors to examine the entire solicitation package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before sending in a submittal. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

Submittals for the project shall be limited to the items listed below. Firms are advised to follow guidelines and submit only the requested information.

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Transmittal Letter and Certificate of Authorization

E.3. COVER LETTER

Expressing interest in the project and identifying a single individual as point of contact for any future correspondence. (Suggested 2 Pages maximum)

E.4. EVALUATION CRITERIA :

Firms will be screened based on evaluation of the following criteria, which are listed in relative order of importance:

A. Project Approach (40 points)

B. Financial Qualifications (30 points)

C. Team Experience and Qualifications (30 points)

E.5. TRANSMITTAL LETTER AND CERTIFICATE OF AUTHORIZATION

Providing contact information and signed requiring that the selected Offeror agree to enter into Step 2

- Request for Proposal with the City to provide the material or service in compliance with all terms, scope of work, conditions, specifications, and addenda in the Solicitation.

E.6. GENERAL

A. Additional Investigations:

1. The City reserves the right to make such additional investigations as it deems necessary to establish the competency and financial stability of any firm submitting a response to this Request for Qualifications.

B. Prior Experience:

1. Experiences with the City and entities that evaluation committee members represent shall be taken into consideration when evaluating qualifications and experience.

C. Other Information:

BUSINESS SERVICES DEPARTMENT Page 21 of 50

1. Information that evaluation committee members have about a Offeror beyond what is provided in the SOQ may be taken into consideration during the evaluation process.

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F. EVALUATION PHASES

The Offeror will be selected through a qualifications-based selection process. Responses shall not include any information regarding fees, pricing, person hours or other cost information. Firms interested in providing Services in accordance with the Scope of Work must submit a Statement of Qualifications (SOQ) that addresses the following issues:

F.1. Step 1 - Request for Qualifications (RFQ)

No. Evaluation Criteria Scoring Method Weight (Points)

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1. Project Approach

Project Approach:

A. Describe the LFG Utilization System proposed and your approach to maximize benefits to the City of Tucson (i.e., proposed process and equipment to handle the LFG, proposed process and equipment to produce the LFG product, etc.) in accordance with the C. - Scope of Work.

B. Describe the potential of the LFG Utilization System proposed to process the…