HomeMy WebLinkAbout4187 Resolution - PWRF + RNG RFP Process RatificationRESOLUTION NO. 4187
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, RELATED TO CHAPTER 70A.140 RCW, THE WATER QUALITY JOINT DEVELOPMENT ACT, FOR THE PROCESS WATER REUSE FACILITY UPGRADE TO RENEW ABLE NATURAL GAS PROJECT AND RELATED TO THE RATIFICATION BY THE LEGISLATIVE AUTHORITY OF NOTICE AND EVALUATION CRITERIA, DETERMINATION OF SELECTED RESPONDENTS AND FURTHER DESIGNATE STAFF TO CONDUCT A BIDDER'S CONFERENCE FOR FINAL DETERMINATION OF A SELECTED RESPONDENT AND NEGOTIATE A PROPOSED AGREEMENT. WHEREAS, the City of Pasco (City) has a project to update and increase the capacity of the Process Water Reuse Facility (PWRF) with the potential to include a Renewable Natural Gas (RNG) option that would help reduce capital and operational costs to the PWRF Processors for the treatment and disposal of their industrial wastewater; and WHEREAS, the City desires to utilize the process outlined in Chapter 70A.140 RCW, Water Quality Joint Development Act, to secure services by means of an agreement with an RNG service provider; and WHEREAS, staff prepared a Request for Proposals (RFP) attached as Exhibit A for the proposed PWRF-to-RNG project and gave official notice to the public via publication in the TriCities Herald on March 17 and March 24; and WHEREAS, staff prepared and included in the RFP evaluation criteria determined to be relevant to the services being requested; and, WHEREAS, proposals were received by Burnham SEY LLC and Anaergia and staff determined both respondents to be qualified and responsive for the subject RFP; and WHEREAS, pursuant to Chapter 70A. I 40 RCW the City Council ratifies staff actions and determines that notice was reasonable and consistent with statutory requirements, the published evaluation criteria are reasonable, and both respondents are qualified and responsive to the RFP and are selected respondents, and further, wish to designate staff to conduct a bidder's conference with the selected respondents and negotiate an agreement with the selected respondent whose proposal it determines to be the most advantageous to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON: That the steps described above completed by staff related to the aforementioned project and more specifically related to the publication of notices, evaluation criteria, and determination ofreceived proposals as being qualified and responsive, are hereby ratified and approved; and Resolution: PWRF-to-RNG RFP Process Ratification - I
That Staff is hereby designated to conduct a 'bidder's conference' to ensure respondents have a full understanding of the proposals, make respondents aware of any changes in the RFP, and allow respondents a reasonable opportunity to revise their proposals for the purpose of obtaining the best and final proposals; and That Staff is hereby designated at the conclusion of such conference to begin negotiations, which City Council shall oversee and direct, with the selected respondent whose proposal is the most advantageous to the City of Pasco and its residents; and That Staff is hereby designated and authorized to assist the City Council with any of the procedures as allowed in RCW 70A.140; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED by the City Council of the City of Pasco, Washington this 16th day of May, 2022. � Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Resolution: PWRF-to-RNG RFP Process Ratification APPROVED AS TO FORM: aw,PLLC ey -2
DA.IllD 11 /-\.
DUE DATE:
Contact:
f City of11i Pasco RFP No: 22-750
Issued: March 17, 2022
REQUEST FOR PROPOSAL (RFP)
Pasco Process Water Reuse Facility (PWRF)
Industrial Wastewater-to-RNG Project
Friday, April 22, 2022 11 :00 a.m. Exactly, Pacific Local Time
Steve Worley, Public Works Director, wor1eys@pasco-wa.gov, (509) 543-5738
Pre-Proposal Conference Electronically Submitted Proposals are
hereby solicited and shall smb£ be
submitted to Dustin Wittman at
wittmand@pasco-wa.gov. Responses
delivered by hand, fax, telephone or email or
any postal carrier will not be accepted.
A pre-proposal conference will be held on
Wednesday, March 23 at 9:00 a.m. at the
PWRF, 957 E Foster Wells Road, Pasco, WA
99301.
Important Notice to Bidders
Prospective Proposers who do not obtain Solicitation Documents directly from
the City of Pasco's designated website at www.pasco-wa .com should register
receipt of the solicitation through Pasco's RFP website at: https://www.pa sc o
wa.gov/list.aspx?Mode=Subscribe#bids
By registering, the prospective proposer will be placed on the City's notification
list for any forthcoming addendum or other official communications.
Failure to register as a prospective proposer may cause the proposer's submittal
response to be rejected as non-responsive if the proposer has submitted a
submittal response without acknowledgement of issued addenda or if the
proposer fails to submit revised required documents.
RFP 22-750
Page 1 of 18
the contract period.
1.2 Pre-proposal Conference
A pre-proposal conference will be held at the time and date indicated on the cover page. All
prospective Proposers are strongly encouraged to attend. The intent of the pre-proposal
conference is to assist the Proposers to understand the requirements of this RFP more fully.
Proposers are encouraged to submit questions in advance to enable the City to prepare responses;
these questions should be emailed to the Contact(s). Questions will be encouraged during the pre
proposal conference call as well.
1.3 Term of Contract
The intended term of this contract will begin upon execution and continue for twenty years (20)
years, with the option of two five-year (5), mutually agreeable extension. Respondents to this RFP
may propose adjusted terms to this intended plan.
1.4 Questions, Communications and Interpretation of the RFP
A.No oral interpretations of the RFP will be made to any Proposer. All questions and any
explanations must be requested in writing and directed to the Buyer no later than date specified
in Section 1.5 Schedule or as extended per addendum. Oral explanations or instructions are
not binding. Any information modifying a solicitation will be furnished to all Proposers by
addendum.
B.When submitting a question regarding this RFP, use the following format:
1.RFP Page Number
2.RFP Section Reference
3.Question
C.Questions regarding this RFP may be electronically submitted via the Public Purchase website
or sent via email directed to the Contact(s) shown on the cover page.
D.A blackout period is established between the time a solicitation is issued by the City and the
time the City awards the contract. After the issuance of any solicitation, all bidders, proposers,
contractors, consultants, or individuals acting on their behalf are hereby prohibited from
contacting or lobbying any City employee, official or representative at any time during the
blackout period. Communications concerning this RFP with other than the listed Contact staff
may cause the Proposer to be disqualified.
RFP 22-750
Page 3 of 18
proposals submitted.
1.11 Modifications of Proposal or Withdrawal of Proposal Prior to Proposal Due Date
At any time before the time and date set for submittal of proposals, a Proposer may submit a
modification of a proposal previously submitted to the City. All proposal modifications shall be made
in writing, executed, and submitted in the same form and manner as the original proposal.
Proposals may be withdrawn by written notice received prior to the exact hour and date specified
for receipt of proposals. A proposal also may be withdrawn in person by a Proposer or authorized
representative provided their identity is made known and they sign a receipt for the proposal, but
only if the withdrawal is made prior to the exact hour and date set for receipt of proposals. All
requests for modification or withdrawal of proposals, whether in person or written, shall not reveal
the amount of the original proposal.
1.12 Proposal Withdrawal After Opening
Except for claims of error granted by the City, no Proposer may withdraw a proposal after the date
and lime established for submitting proposals, or before the award and execution of a Contract
pursuant to this RFP, unless the award is delayed for a period exceeding the period for proposal
effectiveness. See Section 1.16 Proposal Effective Date.
Requests to withdraw a proposal due to error must be submitted in writing along with supporting
evidence for such claim for review by the City. Evidence must be delivered to the City within two
(2)business days after request to withdraw. The City reserves the right to require additional records
or information to evaluate the request. Any review by the City of a proposal and/or any review of
such a claim of error, including supporting evidence, creates no duty or liability on the City to
discover any other proposal error or mistake, and the sole liability for any proposal error or mistake
rests with the Proposer.
1.13 Error and Administrative Corrections
The City shall not be responsible for any errors in proposals. Proposers shall only be allowed to
alter proposals after the submittal deadline in response to requests for clarifications or Best and
Final Offers by the City.
The City reserves the right to allow corrections or amendments to be made that are due to minor
administrative errors or irregularities, such as errors in typing, transposition, or similar administrative
errors.
1.14 Compliance with RFP Terms, Attachments and Addenda
A.The City intends to negotiate a Contract based on the terms, conditions, attachments, and
addenda contained in this RFP. Proposers shall submit proposals, which respond to the
requirements of the RFP.
B.The City reserves the right at its sole discretion to reject any and all proposals received without
penalty and not to issue a contract as a result of this RFP. The City also reserves the right at
its sole discretion to waive minor administrative irregularities contained in any proposals.
C.The City reserves the right to reject any proposal for any reason including, but not limited to,
the following -
•Any proposal, which is incomplete, obscure, irregular or lacking necessary detail and
specificity;
•Any proposal that has an unacceptable qualification, limitation, exception or provision
RFP 22-750
Page 5 of 18
attached to the proposal;
•Any proposal from Proposers who (in the sole judgment of the City) lack the qualifications
or responsibility necessary to complete the project;
•Any proposal submitted by a Proposer which is not registered or licensed as may be
required by the laws of the state of Washington or local government agencies;
•Any proposal, from Proposers who are not approved as being compliant with the
requirements for equal employment opportunity; and
•Any proposal for which a Proposer fails or neglects to complete and submit any
qualificat ions information within the lime specified by the City.
D.Proposers are strongly advised to not take exceptions to the terms, conditions, attachments,
and addenda; exceptions may result in rejection of the proposal. An exception is not a response
to a proposal requirement. If an exception is taken, a 'Notice of Exception' must be submitted
with the proposal. The 'Notice of Exception' must identify the specific point or points of exception
and provide an alternative.
The City may, at its sole discretion, determine that a proposal with a 'Notice of Exception' merits
evaluation. A proposal with a 'Notice of Exception' not immediately rejected may be evaluated,
but its competitive scoring shall be reduced to reflect the importance of the exception.
Evaluation and negotiation shall only continue with the Proposer if the City determines that the
proposal continues to be advantageous to the City.
E.In consideration for the City's review and evaluation of its proposal, the Proposer waives and
releases any claims against the City arising from any rejection of any or all proposals, including
any claim for costs incurred by Proposers in the preparation and presentation of proposals
submitted in response to this RFP.
F.Proposals shall address all requirements identified in this RFP. In addition, the City may
consider proposal alternatives submitted by Proposers that provide cost savings or
enhancements beyond the RFP requirements. Proposal alternatives may be considered if
deemed to be in the City's best interests. Proposal alternatives shall be clearly identified.
1.15 Collusion
If the City determines that collusion has occurred among Proposers, none of the proposals from
the participants in such collusion shall be considered. The City's determination shall be final.
1.16 Proposal Effective Date
The proposal shall remain in effect for 6 months after the proposal due date, unless extended by
agreement.
1.17 Procedure When Only One Proposal is Received
If the City receives a single responsive, responsible proposal, the City may request an extension
of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The
Proposer shall promptly provide all cost or pricing data, documentation and explanation requested
by the City to assist in such analysis. By conducting such analysis, the City shall not be obligated
to accept the single proposal; the City reserves the right to reject such proposal or any portion
thereof.
RFP 22-750
Page 6 of 18
SECTION 2-PROPOSAL EVALUATION AND CONTRACT AWARD
2.1 Proposal Evaluation
A.The City will evaluate proposals using the criteria set forth in this RFP. If deemed necessary,
written and/or oral discussions, site visits or any other type of clarification of proposal
information may be conducted with those Proposers whose proposals are found to be
potentially acceptable. Identified deficiencies, technical requirements, terms and conditions of
the RFP, costs or prices, and clarifications may be included among the items for discussion.
The discussions are intended to give Proposers a reasonable opportunity to resolve
deficiencies, uncertainties and clarifications as requested by the City and to make the cost,
pricing or technical revisions required by the resulting changes. In addition, the City may request
additional business and administrative information.
B.The City may find that a Proposer appears fully qualified to perfor m the project or it may require
additional information or actions from a Proposer. In the event the City determines that the
proposal is not within the Competitive Range the City shall eliminate the proposal from further
consideration.
C.The evaluation of Proposers' proposals and additional information may result in successive
reductions of the number of proposals that remain in the Competitive Range. If applicable to
the procurement, the firms remaining in the Competitive Range may be invited to continue in
the proposal evaluation process, and negotiations.
D.The City may enter negotiations with one or more Proposers to finalize Contract terms and
conditions. Negotiation of a Contract shall be in conformance with applicable federal, state and
local laws, regulations and procedures. The objective of the negotiations shall be to reach
agreement on all provisions of the proposed Contract. In the event negotiations are not
successful, the City may reject proposals.
E.Upon completion of negotiations discussions with one or more Proposers, the City may issue
to all remaining potentially acceptable Proposers in negotiations a request for Best and Final
Offers. The request shall include notice that discussions are concluded, an invitation to submit
a revised proposal with a Best and Final Offer, and a new submittal date and time.
F.The City reserves the right to make a Contract award without written and/or oral discussions
with the Proposers and without an opportunity to submit Best and Final Offers when deemed to
be in the City's best interests. Contract award, if any, shall be made by the City to the
responsible Proposer whose proposal best meets the requirements of the RFP, and is most
advantageous to the City, taking into consideration price and the other established evaluation
factors.
G.The City is not required to award a Contract to the Proposer offering the highest revenue. The
City shall have no obligations until a Contract is signed between the Proposer and the City. The
City reserves the right to award one or more contracts as it determines to be in its best interest.
No cost chargeable to the proposed contract may be incurred before receipt of a fully
executed contract.
2.2 Responsive and Responsible
A.Responsive
The City will consider all the material submitted by the Proposer, and other evidence it may
obtain otherwise, to determine whether the Proposer is in compliance with the terms and
RFP 22-750
Page 7 of 18
City may consider becoming a RNG consumer based on the outcome of this RFP and the terms
presented by the Proposal.
J.Basin Disposal, Inc., located in Pasco, Washington is currently looking into the development of
an organic solids anaerobic digester that could create RNG for its regional solid waste collection
fleet to CNG. The City may consider an agreement with Basin Disposal, Inc. by which Basin
Disposal, Inc. would be a consumer of PWRF wastewater to help supply their proposed anaerobic
digester.
K.Cascade Natural Gas Company is the regional retail provider of natural gas in the Pasco area.
Williams Gas also has a pipeline with a connection north of Pasco on Railroad Avenue.
3.2 Scope of Services
Proposer shall:
A.Have the capacity to provide full services for the design and construction of all anae robic digestion,
biological nitrogen removal, and RNG production as well as have the capacity to provide full services
for the purchasing, conditioning, marketing, and selling of all PWRF renewable natural gas
generated by the proposed system.
B.Maintain and operate equipment in a dean and sanitary condition and in accordance with all
regulatory requirements.
C.Work cooperatively with the City to resolve any operation/maintenance type issues that may occur.
D.Provide specific details about the method and equipment used for anaerobic digesters, biological
nitrogen removal, gas conditioning, sto ring, transporting, and marketing in the proposal.
E.Not destroy or incinerate any PWRF-produced gas without written app roval by the City. Developer
shall provide the City with written certification for all materials diverted away from the PWRF.
F.Assume full responsibility and liability for the conditioning and marketing of all renewable gas
generated at the PWRF.
G.Provide a description of the proposed markets or processers that will be utilized in the execution
of this agreement.
H.Specify the location and operating hours of the facility it proposes to receive materials. The City
shall have the right to inspect the facility and its operating records to ensure contract compliance
with PWRF gas handling and conditioning into renewable natural gas.
3.3 Proposal Questions and Proposer's Response
A.Proposals shall include responses to the information presented in Section 3.4, B. Organization
and Assembly of Proposal. Proposals submitted without answe rs provided will not be
considered complete and will be scored accordingly. Question responses need to be specific,
detailed and straightforward using clear, concise, and easily understood language.
B.Proposers answering the proposal questions shall examine the entire Request for Proposal
document, including instructions, terms and conditions, contract, specifications and applicable
standards and regulations. Failure to do so shall be at the Proposer's risk.
3.4 Proposal Submittal and Organization
Proposals will only be accepted from Proposers able to complete the delivery of services described
in the scope of work. Joint ventures shall submit one proposal for the team, with accompanying
proof of the joint venture agreement.
If a company chooses not to submit a proposal, the City kindly requests the Proposer to state the
reason they did not submit a proposal.
RFP 22-750
Page 11 of 18
A.Submittal of Proposals
1.Download of RFP
To submit a proposal, a company or firm must download the RFP off of the City website at:
http://www.pasco-wa.gov/Bids.aspx. Download as early as possible and do not wait until
the due date as the process may take some time to complete.
2.Electronic Submittal
a.Submit one (1) electronic submittal, in pdf format.
b.The electronic submittal shall be limited to the documents listed in Subsection B,
Organization and Assembly of Proposal, below and shall not include additional
brochures, booklets or other sales materials that are not specifically requested in the
RFP. Supplemental materials may be submitted as specified below in 3. Supplemental
Information.
3.Supplemental Information
Additional brochures, booklets or other sales material that are not specifically requested in
the RFP may be submitted separate than the proposal and labeled as 'Supplemental
Information'.
4.Delivery of Proposal
A.Electronic submittal only. Responses delivered by hand, fax, telephone or email or any
postal carrier will not be accepted.
B.Proposals shall contain all required attachments and information submitted prior to the
specific date and time, to Dustin Wittman at wittmand@pasco-wa.gov.
C.The City cannot guarantee internet access. It is strongly recommended that you respond
24 hours prior to the proposal closing date and time. Proposer accepts all risks for
uploading their proposal by closing date and time for submittal.
D.If proposer sends a file to Dustin Wittman at wittmand@pasco-wa.gov, it is the
proposer's responsibility to ensure the file is not corrupt or damaged. If the City is unable
to open an attachment because it is damaged, corrupt, infected, etc., it may disqualify
proposer's submission.
E.The City is wilf verify when a proposal has been received up until the date and timeof submittal
F.If you have any questions on how to respond to electronic submittals, contact Dustin
Wittman at wittmand@pasco-wa .gov or at (509) 545-3447. Public Works staff is
available Monday-Friday, 8 am to 5 pm Pacific Local Time.
B.Organization and Assembly of Proposal
Format: Electronic submittal, pdf format and shall fit onto a letter size, 8.5" x 11" page when
printed. Pages shall be limited to single space, minimum 12-point font. Pages are defined as
one side of an 8.5" x 11" sheet of paper.
RFP 22-750
Page 12 of 18
Proposal is to be organized into the following Sections:
Section
Preface
1
2
3
Title
•Exhibit A -Proposer Signature and Submittal Page•Internal Revenue Service Form W-9•Exhibit B -Conflict of Interest Form -between Developer and City
Letter of Transmittal
Executive Overview
Response should include an Executive Overview/Summary (approximately 5 to 10 pages)
of the prop osed service describing the approach, methodology, City's responsibilities and
overall schedule and cost.
Identification of Developer
The Developer will provide the full legal name, address, and contact information of the
responding entity. The ownership of this entity will be identified.
The name(s) of, and contact information for, the individual(s) responsible for the RFP
response, and for negotiation of a RNG Agreement, will be identified.
RFP 22-750
Page 13 of 18
4
5
Developer's Qualifications
The Developer will provide background information on the firm, including years in business;
total annual revenue; organization structure; and experience of key personnel.
Developer will identify and describe all operating or recently shut down (within the last five
years) RNG facilities owned and/or operated by the Developer. The information should
include dates of operation, size, technology, location, energy purchaser and facility owner.
The Developer will provide detailed descriptions for three to five operating RNG projects
that the Developer feels best represent his experience relevant to this RFP. The following
information will be provided for these projects:
•Project name and location.
•Project type, facility description, and size.
•Facility owner and energy purchaser.
•Date of commencement of operation, project availability (uptime), and capacity
factor. Discuss reasons for the inability to meet availability and capacity factor
targets, if not achieved.
•Identify environmental compliance issues, if any.
•Arrangement for operation/maintenance of the overall facility; and
•Form of compensation to the facility owner.
A contact person at the host facility and energy purchaser must be identified which City can
contact as references.
The Developer will identify any of the Developer's RNG projects that have terminated
operation within the last 10 years, prior to expiration of their RNG utilization agreements,
and the reasons why operation was terminated.
The Developer will identify any RNG project where, in the last 10 years, the Developer was
awarded the RNG utilization rights and it took longer than three years to bring the RNG
project online, and/or where RNG utilization rights agreements were terminated due to
failure to bring an RNG project online in a timely manner (or for any other reasons).
In an appendix, the Developer will provide copies of the Developer's last two annual audited
financial reports, or their equivalent.
Description of Proposed LFGE Project
Developers will describe the project (or projects) they expect to develop in response to
this RFP, and if appropriate an alternative project (or projects) to the primary project. The
description should as a minimum identify:
•Anaerobic digester, biological nitrogen removal, and RNG technology employed.
•All facility design capacities.
•Site size/dimensions.
•Expected 15-year, year-by-year RNG consumption and energy production; and
•Air emissions and air permitting strategy.
The Developer will identify the expected purchaser of their energy product, and/or outline
their plan and schedule for securing an energy purchaser. The Developer will summarize
their expectations for energy pricing, and the basis for these expectations.
RFP22-750
Page 14 of 18
6
7
8
The Developer will describe how the Developer intends to finance the project.
Project Development Schedule
The Developer will provide an expected project development schedule, expressed in
months after notification of award. As a minimum, the Developer should show early
completion dates and late completion dates for the following key milestones:
•Execution of a RNG Purchase Agreement;
•Submittal of permit applications;
•Execution of energy sales agreement;
•Commencement of construction; and
•Initiation of commercial operation.
City will want to reserve the right to terminate an RNG Purchase Agreement for the
Developer's failure to meet the late completion dates specified by the Developer. The
Developer can offer alternatives to termination in his proposal (i.e., per day delay payments
to City).
City is concerned that City might encumber the RNG utilization rights with a Developer, and
the Developer may not make as expeditious use of the RNG as possible
Compensation to Processors
Developer must include proposed compensation terms for royalty payments, fixed
percentage of gross revenue, variable percentage of gross revenue or fixed monthly
payment. Developer can submit any compensation approach, provided the calculation
methodology is transparent and verifiable. Developer should also indicate whether
compensation proposed includes the sharing of any tax incentives, tax benefits, renewable
energy certificates, assistance payments, or other financial or monetary benefits received
by virtue of the characterization of RNG as a renewable energy resource.
The Developer must provide an initial proposed term sheet for City's consideration. The
document should be included as an appendix to the proposal.
Attestation
The proposal must be signed by an officer of the entity that is making the proposal,
attesting that:
•The individual signing the proposal has the authority to make the proposal;
•The contents of the proposal are truthful and accurate; and
•The proposal is valid for 180 days.
The name and title of the individual must be shown below the signature, along with
the date of the signature.
RFP22-750
Page 15 of 18
3.5 RFP Evaluation Components/Criteria
The City's Evaluation Team will use the following criteria to evaluate each
Proposer/Company/Firm's proposal received
Criteria Points
Assembly of Proposal 5
Approach and understanding of requirements 15
Experience of Developer 15 -Experience on RNG Recovery/Control Projects-Experience on Similar RNG Projects
-Project References
Technical Approach 15 -Description of Proposed RNG Project-Energy Sale Plan(s) and Commitments-Compliance with City Requirements and Goals-Development Schedule/Milestones
Financial Qualifications of Developer 10
Compensation to Processors 40
Total Written Points 100
Interviews/Oral Presentations/Demos 50
Total Points Possible 150
SECTION 4 - CONTRACT
4.1 Acceptance of Contract
A.The City is looking for a strategic long-term partner and understands that specific contract terms
will be negotiated after selection of a successful Proposer.
B.The scope of work described herein will be authorized by Contract. The final contract scope
and schedule will be negotiated with the selected Proposer.
C.Proposers shall include with their submittal a sample contract template for the City to review.
4.2 Required Terms and Conditions
As a government agency, subject to Chapter 42.56 RCW, Washington State Public Records Act,
the City is required to include the following clause into any negotiated contract. While the City is
open to negotiation of a contract, please be advised the City must comply with all components of
the Public Records Act.
A){AILABILIIY OF RECORDS FOR pueuc INSPECTION a)As a public contract, all records prepared, generated, or used by Proposer or its agents,
employees and subcontractors relating to this Agreement and associated work (hereinafter
"public records") may be subject to disclosure under the Washington State Public Record Act,
Chapter 42.56 RCW.
RFP 22-750
Page 16 of 18
b)Proposer shall maintain and retain all such public records in a manner that is readily accessible
for a minimum term of no less than three (3) years following completion of the contract work.
City shall have the right to timely review all such public records upon request. Proposer shall
provide copies of any public records requested by City within 30 days of City's request. If City
requests that copies of public records be provided to City in an electronic format, said records
shall be provided at no cost to City. If paper copies are requested by City, City shall pay $.10
per page. Payment for paper copies shall be rendered to Proposer within 20 days of receipt.
c)All records subject to a public disclosure request will be provided to a requester unless
exempted from disclosure by law. The City's decision to exempt or redact any public record
shall be based only upon valid exemptions that apply to the City. City will not refrain from
disclosing any record under an exemption that may be personal to Proposer. In the event
Proposer objects to release of any public record under this Agreement, Proposer may seek
judicial approval to prevent such disclosure at its sole expense. City shall neither aid nor
interfere with Proposer's request for an injunction to prevent disclosure of any public record
under this Agreement.
d)Proposer shall insert this provision in all contracts with subcontractors or agents providing
services relating to this Agreement.
4.3 Insurance
The City will require a Developer, awarded a contract, to provide insurance coverage for the
duration of an exe cuted Agreement. The actual insurance requirements may include, but are not
limited to, the following:
1.Automobile Liability: $1,000,000 combined single limit, covering any auto and including MCS
90 and CA 99 48 endorsements.
2.Worker's Compensation: Coverage as required by the industrial insurance laws of the State of
Washington.
3.Commercial General Liability: $2,000,000 each occurrence, $2,000,000 general aggregate,
$2,000,000 products & completed operations aggregate, and $1,000,000 stop gap/employers'
liability each accident. City of Pasco named as an additional insured on the developers
Commercial General Liability insurance with appropriate endorsement(s) for the work or
exposures to the City.
4.Professional Liability: $1,000,000 per claim and annual aggregate required for any design or
engineer work.
5.Excess or Umbrella Liability: Limits not less than $10,000,000 each occurrence and annual
aggregate. This requirement may be satisfied instead by the Developer's Commercial General
Liability and Automobile Liability, coverages or any combination thereof that achieves the
overall required limits of insurance.
6.Builder's Risk Insurance: Builder's Risk insurance or Installation Floater as appropriate for the
amount of the value of the project if project involves construction or equipment on the project
site.
7.Pollution liability Insurance: $1,000,000 per loss and $1,000,000 annual aggregate naming
the City an additional insured.
8.Property Insurance: All risk Property Insurance in the amount of the replacement value of the
equipment or property once work completed on the project site if required by City.
RFP 22-750
Page 18 of 18
I Cityef 1i Pasco Exhibit B
City of Pasco -Conflict of Interest Form
Project Title: Pasco Process Water Reuse Facility {PWRF} Industrial Wastewater-to-RNG Project
FP#: 22-750
The developer being contracted must check one of the boxes on the worksheet below.
D ______________________ ,(company name) has no known or actual,
potential, or reasonably perceived, financial or other interest with any staff member, including City Council, at the
City of Pasco regarding the outcome of the project.
or
D _______________________ (company name) has a potential or
reasonably perceived financial or other interest with any staff member, including City Council, at the City of
Pasco regarding the outcome of the project, as described here:
Our firm proposes to mitigate the potential or perceived conflict according to the following plan:
or
D ________ (company name) has an actual financial or other interest with any staff member,
including City Council, at the City of Pasco regarding the outcome of the project, as described here:
RFP 22-750, Exhibit B
Conflict of Interest Form
Page 1 of 1
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City of PucoProjected Proceuor PWRF Influent Deslcn Criteria -DRAFT 2/2/2022
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Processor 1 435 1.19 2.50 2,735 27,190 57,030 56 560 1,654 34,490 410 Assorted Fruits/Vegetables
Processor 2 220 0.60 1.40 8,324 41,850 97,200 145 730 4,036 47,130 572 Corn & Peas Processing
Processor 3 (new Plant) 120 0.33 0.38 3,165 8,680 9,980 87 240 3,390 10,690 745 Potatoes/Pasta cooked
Processor 3 (eK. Plant) 85 0.23 0.27 3,165 6,150 7,070 87 170 3,390 7,580 745 Potatoes/Pasta cooked
Processor 4 230 0.63 1.25 4,801 25,240 50,060 106 560 2,869 29,910 480 Assorted Fruits/Vegetables
PF9Ge&S8F a Included with Processor 1
Processor 6 249 0.68 1.65 966 5,490 13,300 20 120 966 13,300 356 Carrots
Processor 7 WW 256 0.70 0.84 3,000 17,550 24,520 196 1,150 397 2,790 1,651 Dairy (Butter) Wastewater
Processor 7 COW· 292 0.80 0.95 5 40 40 1 10 25 200 101 Condensate of Whey
Processor 8 803 2.20 2.70 1,260 23,120 47,290 104 1,910 1,600 36,030 1,200 Potatoes
1contlngency Factor 269 0.74 1.19 15,531 30,649 545 18,212 10% Flow and Load
I Averac• (flow weichted) . 2,527 . . 88 1,709 770
Total 2,959 8.11 13.13 170,841 337,139 5,995 . 200,332
Total (w/out 2,690 7.37 11.94 155,310 306,490 5,450 182,120
Without COW Water
Averac• (flow weichted)2,834 99 1,914 852
Total 2,667 7.31 12,18 170,801 337,099 5,985 200,132
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