Land or Barge-Based Ocean-Going Vessel At-Berth Exhaust Emissions Capture & Treatment Systems: In-Use Demonstration at the San Pedro Bay Ports REQUEST FOR PROPOSALS THE PORT OF LONG BEACH AND PORT OF LOS ANGELES CLEAN AIR ACTION PLAN – TECHNOLOGY ADVANCEMENT PROGRAM MARCH 20, 2018
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Land or Barge-Based Ocean-Going Vessel At-Berth
Exhaust Emissions Capture & Treatment Systems:
In-Use Demonstration at the San Pedro Bay Ports
REQUEST FOR PROPOSALS
THE PORT OF LONG BEACH AND PORT OF LOS ANGELES
CLEAN AIR ACTION PLAN – TECHNOLOGY ADVANCEMENT PROGRAM
MARCH 20, 2018
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DATE: March 20, 2018 TO: Technology Vendors SUBJECT: Request for Proposals for the Demonstration of Land or Barge-Based Ocean Going
Vessel At-Berth Exhaust Emissions Capture & Treatment Systems at the San Pedro Bay Ports
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Proposers that offer substantial co-funding to leverage the Ports’ investment will be considered
more favorably during project evaluation and scoring as discussed in Section 9 of this RFP.
3.2 RFP Timeline
Proposals submitted in response to this RFP must be received no later than 3:00 pm on Thursday, April 26, 2018. Evaluation of proposals received under this RFP will be conducted in accordance with the following timeline:
Table 3.2-1: Timeline for At-Berth Emission Reduction System RFP
Milestone Anticipated Date
Ports release RFP March 20, 2018
Deadline to submit questions via email April 5, 2018 3:00pm
Post answers to questions online By April 12, 2018
Deadline for submittal of proposals April 26, 2018 3:00pm
Ports’ staff and Technical Advisory Committee review proposals
May - July 2018
Ports’ staff recommend proposed project(s) to the Board of Harbor Commissioners for funding consideration and finalize funding contract for demonstration project(s) and receive final approval from the Board (tentative)
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marine terminal operator as it relates to the availability of shore power or other utility
requirements.
6.3 Emission Reduction System Transport and Assembly: The proposer will be required to
coordinate with the marine terminal demonstration partner as it pertains to the delivery,
assembly, and checkout of the emissions capture and treatment system at the marine
terminal facility.
6.4 Emissions Capture and Reduction System Checkout & Calibration: The assembled
emissions reduction system will undergo system checkout and calibration to be
conducted by the proposer. In addition, the assembled system will undergo an
independent safety assessment to ensure the system as configured complies with Ports’
requirements and SC AQMD permitting requirements as applicable.
6.5 Emissions Capture System Full Scale Testing on OGV: As part of the project, you will be
expected to include full scale testing of the emissions reduction system on OGVs. This
will include emissions monitoring and measurement to determine the exhaust capture
efficiency and emissions treatment efficiency. It is anticipated that an independent third
party will conduct emissions measurement in parallel with the proposer to independently
document the effectiveness of the emissions capture and treatment system.
6.6 Assessment of Emissions Capture & Treatment Effectiveness: At the completion of full-
scale testing of the emissions capture and treatment system, the Ports will make a
determination as to whether the system emissions reduction effectiveness warrants
continued in-use demonstration. The Ports reserve the right to utilize its Technology
Advancement Program (TAP) Advisory Committee to provide additional technical
expertise in determining the success of the full-scale testing. The decision to continue
demonstration of the at-berth emissions reduction system will be at the sole discretion
of the Ports.
6.7 In-Use Demonstration: Following successful full-scale testing on an OGV and verification
of the emissions capture and treatment effectiveness and approval to proceed from the
Ports, the emissions reduction system will remain onsite for continued demonstration on
OGVs. The Ports-contracted period of performance for in-use demonstration is
anticipated to be approximately six (6) months. This period may be extended in the event
the proposer and marine terminal operator reach an agreement for continued system
operation; however, the Ports do not intend to be a party to any extended demonstration
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or operation of the system beyond the period of performance stipulated in the Ports’
contract.
6.8 Disassembly and Dock Restoration: Following the demonstration period, the proposer
may be required to disassemble the emissions capture and treatment system hardware, remove the hardware from the Port, and return the dock and other port infrastructure to its pre-demonstration condition.
6.9 Documentation and Reporting: The Ports will require that participating vendors prepare
detailed project documentation, including interim reporting at key project milestones, as well as the preparation and submittal of a comprehensive final report. The final report must include the results of the full-scale emissions testing as well as the results of the ongoing in-use demonstration, if applicable.
6.10 Documentation from CARB Acknowledging Emission Reduction Potential of the At-Berth
Emissions Reduction System: The Ports will require that the proposer seek concurrence from CARB as it pertains to the emission reduction effectiveness of the demonstrated system and acceptance of the system as an alternative to shore power. In the past, CARB has issued executive orders to this effect. This will allow the Ports to quantify and account for the emissions reductions attributable to the system when deployed. The accounting of emission reductions will be reflected in the Ports’ emissions inventories and used to demonstrate progress towards the Ports’ emission reduction obligations.
7.0 PROPOSAL PREPARATION REQUIREMENTS AND GUIDELINES
The Ports require that Proposals submitted in response to this RFP be prepared in accordance
with the following guidelines.
7.1 Page Limit: Proposals submitted in response to this RFP should be prepared as follows:
Main Body – the main body of the proposal must not exceed a maximum of 25 sheets of
paper, double-sided printing. Cover page and contact information do not count against
the page limit. It is recommended that the proposal be concisely written.
Technical Appendix – the proposal may include a Technical Appendix not to exceed 30
sheets of paper. The Technical Appendix may include additional narrative, diagrams,
schematics, brochures, etc.
7.2 Cover Page – Include a cover page with a description and project title.
7.3 Contact and Grant Experience Information – Proposers are required to provide contact information for the primary project lead, additional project team members, and the marine terminal demonstration partner, if applicable. Appendix B provides a template for Contact
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information and Appendix C provides a template for Grant experience. Multiple pages may be used if necessary. 7.4 At-Berth Exhaust Emissions Capture and Treatment System: System Design and Configuration Description Proposers are required to provide a detailed technical description and any applicable drawings
of the proposed at-berth exhaust emissions capture & treatment system. Proposers should not
include proprietary information in proposals. All proposals become property of the Ports, which
as public agencies, are subject to the California Public Records Act. The following elements must
be included in the proposal:
7.4.1 Scientific Basis for the Proposed Emissions Treatment Technology
Provide the following information regarding the proposed At-Berth Emissions Reduction
technology:
1. Description of the proposed emissions treatment technology(s), including scientific
principle(s) of operation for the emissions treatment system;
2. Technology development status and degree of technical maturity;
3. Description of any prototype or existing units that have been demonstrated or placed into
operation;
4. Description of known limitations of the emissions treatment technology;
5. Evidence that the proposer owns all intellectual property rights to the technology.
including all costs associated with the removal of the system at the completion of the
demonstration and reconfiguration of the dock and port facilities and infrastructure to its
pre-demonstration condition;
7. Total Cost to the Ports to conduct full-scale testing on a scenario involving one (1) eligible
OGV and an additional six (6) months of in-use demonstration of the proposed at-berth
emissions reduction system on a minimum of four (4) additional eligible OGVs. Please
note, the actual test plan may require more testing; this scenario is used only for
comparison purposes.
7.7.2 Project Co-funding
In addition to the required match funding discussed in Section 3.1, identify the amount and
source of any additional demonstration project co-funding offered by the proposer, project
partners, or agencies, including specific cost elements that the co-funding will be applied
towards. State if the co-funding is a cash or in-kind contribution. Letters of commitment should
be included to document funding partner commitment.
7.8 Business Case Assessment & Commercialization Plan
Proposers must prepare a business case and commercialization plan as an element of the
proposal. This should include, at a minimum:
7.8.1 Estimated costs for the proposed at-berth emissions reduction system when fully
commercialized. To the extent possible, include costs for the following:
1. Estimated capital acquisition cost for the fully commercialized system;
2. Estimated operations costs for an average port call – please state the assumptions
used in estimating operations costs (see Table 4.3.5 for average call durations as a
function of vessel type);
3. Estimated life cycle cost for the fully commercialized system – please state the
assumptions used in estimating life cycle cost.
7.8.2 Identification of issues impeding commercialization, and recommendations for mitigating
or eliminating perceived barriers to at-berth emissions capture and treatment in a marine
terminal environment.
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7.9 PORT OF LOS ANGELES CITY ETHICS COMMISSION (CEC) FORM 50 AND 55
To comply with Port of Los Angeles standards, proposers must submit CEC Form 50 and 55 (See
Appendix D) with the proposal. Proposers may not make campaign contributions to and or
engage in fundraising for certain elected City of Los Angeles officials or candidates for elected
City office from the time they submit the response until either the contract is approved or, for
successful proposers, 12 months after the contract is signed. The proposer’s principals and
subconsultants performing $100,000 or more in work on the contract, as well as the principals of
those subconsultants, are also subject to the same limitations on campaign contributions and
fundraising. Proposers must also notify their principals and subcontractors in writing of the
restrictions and include the notice in contracts with subcontractors. Responses submitted
without a completed CEC Form 50 and 55 may be deemed nonresponsive. Proposers who fail to
comply with City of Los Angeles law may be subject to penalties, termination of contract, and
debarment. Additional information regarding these restrictions and requirements may be
obtained from the City Ethics Commission at (213) 978-1960 or ethics.lacity.org.
8.0 PROPOSAL SUBMITTAL INSTRUCTIONS
One (1) original and four (4) hard copies and one (1) digital copy of your proposal (CD or flashdrive) must be submitted on or before 3:00 p.m. on Thursday, April 26, 2018 to: By Hand/Mail Delivery: Contracts and Purchasing Division
ATTN: Tanisha Herr REF: OGV At-Berth
500 Pier ‘A’ Street Wilmington, CA 90744 The digital and hard copy of your proposal must match. No additional information may be submitted. Electronically transmitted proposals will not be considered.
All proposals will be date stamped as the Harbor Department receives them. Proposers solely are responsible for the timeliness of their submittals. As such, proposers are cautioned to budget adequate time to ensure that their proposals are delivered at the location designated at or before the deadline set forth above. Proposers are cautioned that matters including, but not limited to, traffic congestion, security measures and/or events in or around the Harbor Department, may lengthen the amount of time necessary to deliver the proposal, whether the proposal is submitted in person or by mail.
By submitting a proposal, proposers certify that such proposal constitutes their full and complete written response to the RFP and evidences their acknowledgement that additional written material outside of such proposal shall not be considered by the City in connection with this RFP,
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unless the City provides a written request that they submit additional written materials. Absent such written request, proposers are instructed to not submit to the City written or other materials outside of the proposal, either in a subsequent interview or otherwise.
9.0 PROPOSAL EVALUATION
Proposals received in response to this RFP will be evaluated in accordance with the following Ports’ policies and procedures. 9.1 Evaluation Process
Proposals received under this solicitation will be evaluated using the criteria described below in Section 9.2. The evaluation team will be comprised of staff members from the Port of Long Beach and Port of Los Angeles. Additionally, the Ports reserve the right to retain additional evaluators at their discretion to assist in proposal evaluation, scoring and ranking. Proposals will undergo an initial screening by Ports’ staff to ensure they meet the minimum requirements outlined throughout this RFP. Proposals that do not meet the minimum technical and proposal submission requirements stipulated in the RFP will be deemed nonresponsive and will not be further evaluated. This initial screening will assess each of the following elements on a pass or fail basis. Any proposal that fails to meet any of the following elements will not be forwarded to the evaluation committee:
Minimum of 50% match funding, of which 10% is cash match (Section 3.1)
Pollutants that must be covered by the minimum emission reduction effectiveness (Section 5.2)
Proposers of at-berth emission reduction systems that utilize water-based exhaust gas scrubbing must include a water quality analysis, including test results, of the discharge effluent (Section 5.8)
Proposers must estimate the net amount of ammonia slip associated with their technology, if applicable (Section 5.9).
The proposed scope of work includes a path to CARB approval (Section 6.10)
The proposal and technical appendices do not exceed prescribed page count limits (Section 7.1)
The proposal includes a business case assessment and commercialization plan (Section 7.8)
The proposer must include contact information in Appendix B.
The proposer must complete Appendix C if they have received previous grant funding (Section 9.2).
The proposer must complete Appendix D to comply with Port of Los Angeles standards (Section 7.9).
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The proposal team must describe its experience participating in in-use demonstrations (Section 9.2) Proposer has included letters of commitment for each project partner, if applicable (Section 9.2)
Proposals deemed responsive to this RFP that pass the above screening will undergo a thorough evaluation and will be scored based on how well the proposed emission reduction system satisfies the requirements defined in each evaluation criteria. Proposals will be ranked in order of numerical score. It is anticipated that one or more top-ranked proposals will be recommended for a funding award.
9.2 Evaluation Criteria
Each proposal that meets the minimum technical and submission requirements of this RFP will
be evaluated and scored relative to the following criteria. The maximum possible score is 100
points (for additional information see Appendix F):
1. Emission Reductions (15 points maximum)
The minimum requirement for reducing NOx, SOx, and PM emissions from OGV auxiliary
engines is 81%. Proposed systems will be evaluated and awarded additional points on a
relative scale for systems that are designed to achieve higher levels of targeted pollutant
reduction. At-berth emissions reduction systems that are effective in removing criteria
and/or greenhouse gas pollutants in addition to NOx, SOx, and PM from an OGV auxiliary
and/or boiler exhaust stream will be awarded additional points.
At-berth emissions reduction systems that are compatible with and effective in reducing
OGV boiler emission in addition to auxiliary engine exhaust emissions will be awarded
additional points.
2. Technical Readiness (20 points maximum)
The at-berth emissions capture and treatment system concept and system will be
evaluated relative to its state of technical maturity and readiness to participate in full-
scale testing and in-use demonstration at the port. Points will be awarded on a relative
basis based upon the level of technical maturity of the proposed at-berth emissions
reduction system. Systems that exist in prototype form or that have been commercialized
in other applications will receive additional points.
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APPENDIX A
OGV CHARACTERIZATION
The following information is provided to assist proposers in designing and configuring their OGV
exhaust emissions capture and treatment systems for demonstration at the Ports. Please note
that this information is generic and may not encompass all potential OGV configurations, auxiliary
power ratings, or gas flow rates. Proposers are expected to conduct independent OGV research
and base their system design on their independent findings. This is especially important as it
relates to the various configurations of OGV exhaust stacks. Information regarding the various
configurations of non-regulated OGV exhaust stacks is not included in this RFP.
1.0 Types of Non-Regulated Ocean Going Vessels Applicable to At-Berth Emissions Reduction
System Full Scale Testing & In-Use Demonstration
The Ports have identified three classes of OGVs as primary candidates for achieving at-berth
emissions reductions under the CAAP Update. These vessels are not regulated under the CARB
Shore Power for Ocean-Going Vessels Regulation and include the following:
Auto Carrier/RO-RO Vessels - Auto Carriers and RO-ROs (i.e. roll on/roll off) vessels carry
wheeled cargo such as automobiles, wheeled construction equipment, trailers or railway
carriages. These vessels have built-in ramps, which allow the cargo to be easily moved on
or off the vessel when in port. Large car carriers are commonly called Pure Car Carriers
(PCCs) or Pure Car Truck Carriers (PCTCs). The largest PCC currently in service can carry
over 7,000 cars;
Bulk Carriers - Bulk carriers are vessels used to transport bulk items such as mineral ore,
grain, and petroleum coke. They have large box-like hatches on their deck, designed to
slide outboard for loading. The bulk carriers primarily carry dry cargoes, which are shipped
in large quantities and do not need to be carried in packaged form;
Tanker Vessels - Tanker vessels are vessels designed to transport liquids in bulk. Tankers
can range in size from several hundred tons, designed for coastal service, to several
hundred thousand tons, for transoceanic voyages. Different products require different
handling and transport, thus special types of tankers have been built, such as "chemical
tankers," and "oil tankers.”
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2.0 Applicability to Containerships
At-berth emission reduction systems are principally sought for application to non-regulated
OGVs. However, it is foreseeable that a containership that calls at the Ports may also need to
use such a technology either for alternative compliance for the CARB regulation or to meet Ports’
lease requirements. Although it is anticipated that the need to use the system for containerships
will be infrequent, the Ports would like to understand the capability and compatibility of an at-
berth emissions reduction system as it relates to reducing emissions from containership auxiliary
engines. As discussed in the following Sections, containerships typically have significantly higher
hotelling power requirements as compared to non-regulated OGVs and thus generate
significantly higher levels of exhaust pollutants. A containership typically has twice the exhaust
flow rate as compared to a RO-RO vessel.
3.0 Vessel Auxiliary Engine Characterization
The following Sections are intended to provide general guidance relative to exhaust
characteristics of OGVs. While at-berth emission reduction systems are primarily sought for
reducing criteria air pollutant emissions from non-regulated OGV auxiliary engines, exhaust gas
data are also provided for containerships and OGV boilers. Proposers under this RFP are asked
to focus primarily on non-regulated bulk carrier, tanker, and auto carrier/RO-RO auxiliary engine
emission reductions, but also include details as to whether the technology being offered has the
inherent capability and capacity, or could be scaled, to accommodate boiler emissions or
container ship auxiliary engine’s emissions. This is discussed further in Section 6 of this RFP.
3.1. OGV Fuel Specifications
OGVs are required under the North American Emission Control Area (ECA) to use fuel with less
than or equal to 0.1% sulfur within 200 nm of the North American coast.
Table 3-1: Fuel Requirements for Ocean-going Vessel Main (Propulsion) Diesel Engines, Auxiliary Diesel
Engines, and Auxiliary Boilers
Fuel Requirement Effective Date Fuel Requirements
CARB Regulation January 1, 2014 Marine gas oil (DMA) or Marine diesel oil (DMB) at or below 0.1% sulfur within 24 nm of the CA coast and coastal islands
IMO ECA January 2015 Low sulfur fuel at or below 0.1% sulfur within 200 nm of the coast of North America
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The average length of time an OGV spends hotelling at the Ports is shown below in Table 3-5 as
a function of vessel type. Please note that these are average times, and individual vessel port
calls will have varying call durations.
3-5: Average Hotelling Time
Vessel Type Average Hotelling
Time (hours per call)
Auto Carrier/Ro-Ro 28.4
Bulk Carrier 64.5 Tanker 33.5
Containership 34.9
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APPENDIX B
Proposer Contact Information5
Company Name
Division of:
Subsidiary of:
Website Address
Address
City/Town
State/Province Zip
Phone ( ) - Ext Fax ( ) -
Contact Title
E-mail Address
Have any members of the company had prior employment at either Port as Commissioners, officers, or staff? Name: Position/Title: Dates of Port service:
Additional Project Team Member(s) or subcontractor Contact Information, if applicable. (Please add additional contact information as needed for your specific project):
Company Name
Phone E-mail
Contact Name Title
Have any members of the company had prior employment at either Port as Commissioners, officers, or staff? Name: Position/Title: Dates of Port service:
5 Refer to Section 7.3 for more information.
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Company Name
Phone E-mail
Contact Name Title
Have any members of the company had prior employment at either Port as Commissioners, officers, or staff? Name: Position/Title: Dates of Port service:
Marine Terminal Demonstration Partner Contact Information, if applicable
Company Name
Phone E-mail
Contact Name Title
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APPENDIX C
Provide information on past grants and/or other public agency funds that were managed by you
or your team. Use additional forms as necessary. 6
Grant Award Date:
Granting Agency:
Grant Award Amount
Purpose/Objective of the Grant Project
What was the outcome of the project? Was it completed as originally intended? Was the grant funding fully expended? Why or why not?
6 Refer to Section 7.3 for more information.
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APPENDIX D
(Refer to Section 7.9 for more information)
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APPENDIX E
CITY OF LOS ANGELES - STANDARD CONTRACT PROVISIONS AND SAMPLE INSURANCE REQUIREMENTS7 The following sections are standard contract provisions for the Harbor Department. In
submitting a proposal, proposer agrees to accept these terms without change. If your firm
cannot agree to the following requirements, exactly as set forth below, please do not submit a
proposal.
Affirmative Action
Consultant, during the performance of the Agreement, shall not discriminate in its employment
practices against any employee or applicant for employment because of the employee’s or
applicant’s race, religion, national origin, ancestry, sex, age, sexual orientation, disability, marital
status, domestic partner status, or medical condition. The provisions of Section 10.8.4 of the Los
Angeles Administrative Code shall be incorporated and made a part of the agreement. All
subcontracts awarded shall contain a like nondiscrimination provision. See Exhibit A.
Small/Very Small Business Enterprise Program and Local Business Preference
Programs
It is the policy of the Department to provide Small Business Enterprises (SBE), Very Small Business
Enterprises (VSBE), Minority-Owned, Women-Owned, Disabled Veteran-Owned and all Other
Business Enterprises (MBE/WBE/DVBE/OBE) an equal opportunity to participate in the
performance of all City contracts in all areas where such contracts afford such participation
opportunities. Consultant shall assist the City in implementing this policy and shall use its best
efforts to afford the opportunity for SBEs, VSBEs, MBEs, WBEs, DVBEs, and OBEs to achieve
participation in subcontracts where such participation opportunities present themselves and
attempt to ensure that all available business enterprises, including SBEs, VSBEs, MBEs, WBEs,
DVBEs, and OBEs, have equal participation opportunity which might be presented under this
Agreement. See Exhibit B.
7 Refer to Section 9.4 for additional information.
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It is also the policy of the Department to support an increase in local and regional jobs.
The Department’s Local Business Preference Program aims to benefit the Southern California
region by increasing jobs and expenditures within the local and regional private sector.
Consultant shall assist the City in implementing this policy and shall use its best efforts to afford
the opportunity for Local Business Enterprises to achieve participation in subcontracts where
such participation opportunities present themselves. See Exhibit B.
NOTE: All consultants and subconsultants must be registered on the City’s Contracts
Management and Opportunities Database, Los Angeles Business Assistance Virtual Network
(LABAVN), at http://www.labavn.org, at the time proposals are due.
Business Tax Registration Certificate
The City of Los Angeles, Office of Finance requires the implementation and enforcement of Los
Angeles Municipal Code Section 21.09 et seq. This section provides that every person, other than
a municipal employee, who engages in any business within the City of Los Angeles, is required to
obtain the necessary Business Tax Registration Certificate and pay business taxes. The City
Controller has determined that this Code Section applies to consulting firms that are doing work
for the Los Angeles Harbor Department. See Exhibit C.
Indemnity and Insurance Requirements
REQUIRED AT PROPOSAL STAGE: A letter from each proposer’s broker must be provided with
their proposal. The letter should indicate that the requirements below are presently part of the
proposer’s coverage, or that the broker is able to provide such coverage should the proposer be
selected. The broker must be aware of the indemnification requirements below. Proposers are
not required to purchase the required insurance in order to respond, however all required
insurance will need to be submitted at the time of contract award. ACORD certificates will not
be accepted.
1. Indemnification
Except for the sole negligence or willful misconduct of the City, or any of its Boards,
Officers, Agents, Employees, Assigns and Successors in Interest, Contractor undertakes and
agrees to defend, indemnify and hold harmless the City and any of its Boards, Officers, Agents,
Employees, Assigns, and Successors in Interest from and against all suits and causes of action,
claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in
house and outside counsel) and cost of litigation (including all actual litigation costs incurred by
the City, including but not limited to, costs of experts and consultants), damages or liability of
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a. Consultant has a formal self-insurance program in place prior to execution of this
Agreement. If a corporation, Consultant must have a formal resolution of its board of
directors authorizing self-insurance.
b. Consultant agrees to protect the City, its boards, officers, agents and employees at
the same level as would be provided by full insurance with respect to types of
coverage and minimum limits of liability required by this Agreement.
c. Consultant agrees to defend the City, its boards, officers, agents and employees in any
lawsuit that would otherwise be defended by an insurance carrier.
d. Consultant agrees that any insurance carried by Department is excess of Consultant’s
self-insurance and will not contribute to it.
e. Consultant provides the name and address of its claims administrator.
f. Consultant submits its most recently filed 10-Q and its 10-K or audited annual financial
statements for the three most recent fiscal years prior to the Executive Director’s
consideration of approval of self-insurance and annually thereafter.
g. Consultant agrees to inform Department in writing immediately of any change in its
status or policy which would materially affect the protection afforded Department by
this self-insurance.
h. Consultant has complied with all laws pertaining to self-insurance.
3. General Liability Insurance
Consultant shall procure and maintain in effect throughout the term of this Agreement, without
requiring additional compensation from the City, commercial general liability insurance covering
personal and advertising injury, bodily injury, and property damage providing contractual
liability, independent contractors, products and completed operations, and premises/operations
coverage written by an insurance company authorized to do business in the State of California
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rated VII, A- or better in Best’s Insurance Guide (or an alternate guide acceptable to City if Best’s
is not available) within Consultant’s normal limits of liability but not less than One Million Dollars
($1,000,000) combined single limit for injury or claim. Where Consultant provides or dispenses
alcoholic beverages, Host Liquor Liability coverage shall be provided as above. Where Consultant
provides pyrotechnics, Pyrotechnics Liability shall be provided as above. Said limits shall provide
first dollar coverage except that Executive Director may permit a self-insured retention or self-
insurance in those cases where, in his or her judgment, such retention or self-insurance is justified
by the net worth of Consultant. The retention or self-insurance provided shall provide that any
other insurance maintained by Department shall be excess of Consultant’s insurance and shall
not contribute to it. In all cases, regardless of any deductible or retention, said insurance shall
contain a defense of suits provision and a severability of interest clause. Additionally, each policy
shall include an additional insured endorsement (CG 2010 or equivalent) naming the City of Los
Angeles Harbor Department, its officers, agents and employees as Primary additional insureds, a
10-days notice of cancellation for nonpayment of premium, and a 30-days notice of cancellation
for any other reasons.
4. Automobile Liability Insurance
Consultant shall procure and maintain at its expense and keep in force at all times during
the term of this Agreement, automobile liability insurance written by an insurance company
authorized to do business in the State of California rated VII, A- or better in Best’s Insurance Guide
(or an alternate guide acceptable to City if Best’s is not available) within Consultant’s normal
limits of liability but not less than One Million Dollars ($1,000,000) covering damages, injuries or
death resulting from each accident or claim arising out of any one claim or accident. Said
insurance shall protect against claims arising from actions or operations of the insured, or by its
employees. Coverage shall contain a defense of suits provision and a severability of interest
clause. Additionally, each policy shall include an additional insured endorsement (CG 2010 or
equivalent) naming the City of Los Angeles Harbor Department, its officers, agents and
employees as Primary additional insureds, a 10-days notice of cancellation for nonpayment of
premium, and a 30-days notice of cancellation for any other reasons.
5. Workers’ Compensation and Employer’s Liability
Consultant shall certify that it is aware of the provisions of Section 3700 of the California
Labor code which requires every employer to be insured against liability for Workers’
Compensation or to undertake self-insurance in accordance with the provisions of that Code, and
that the Consultant shall comply with such provisions before commencing the performance of
the tasks under this Agreement. Coverage for claims under U.S. Longshore and Harbor Workers’
Compensation Act, if required under applicable law, shall be included. Consultant shall submit
Workers’ Compensation policies whether underwritten by the state insurance fund or private
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carrier, which provide that the public or private carrier waives it right of subrogation against the
City in any circumstance in which it is alleged that actions or omissions of the City contributed to
the accident. Such worker’s compensation and occupational disease requirements shall include
coverage for all employees of Consultant, and for all employees of any subcontractor or other
vendor retained by Consultant.
6. Ocean Marine Liability
Consultant shall procure and maintain insurance against claims for injuries to persons or
damages to property which may arise from or in connections with Consultant’s operations. The
cost of the insurance shall be borne by Consultant. The coverage shall be written by an insurance
company authorized to do business in the State of California rated VII, A- or better in Best’s
Insurance Guide (or an alternate guide acceptable to City if Best’s Rating is not available).
Coverage shall include, but not be limited to:
(i) Hull and machinery coverage up to the value of the vessel(s);
(ii) Protection and Indemnity coverage with combined single limits of One Million Dollars
($1,000,000) per occurrence for bodily injury, illness, death, loss of or damage to the property of
another, and Jones Act risks or equivalent thereto internationally. Coverage shall contain a
defense of suits provision and a severability of interest clause. Each policy shall also contain an
additional insured endorsement (CG 2010 or equivalent) naming the City of Los Angeles Harbor
Department, its officers, agents, and employees as Primary additional insureds, a 10-days notice
of cancellation for nonpayment of premium, and a 30-days notice of cancellation for any other
reasons.
Conflict of Interest
It is hereby understood and agreed that the parties to this Agreement have read and are aware
of the provisions of Section 1090 et seq. and Section 87100 et seq. of the California Government
Code relating to conflict of interest of public officers and employees, as well as the Los Angeles
Municipal Code (LAMC) Municipal Ethics and Conflict of Interest provisions of Section 49.5.1 et
seq. and the Conflict of Interest Codes of the City and Department. All parties hereto agree that
they are unaware of any financial or economic interest of any public officer or employee of City
relating to this Agreement. Notwithstanding any other provision of this Agreement, it is further
understood and agreed that if such financial interest does exist at the inception of this
Agreement, City may immediately terminate this Agreement by giving written notice thereof.
During the term of this Agreement, Consultant shall inform the Department when Consultant, or
any of its Subconsultants, employs or hires in any capacity, and for any length of time, a person
who has worked for the Department as a Commissioner, officer or employee. Said notice shall
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include the individual’s name and current position and their prior position and years of
employment with the Department. Notice shall be provided by Consultant to the Department
within thirty (30) days of the employment or hiring of the individual.
Compliance with Applicable Laws
Consultant shall at all times in the performance of its obligations comply with all applicable laws,
statutes, ordinances, rules and regulations, and with the reasonable requests and directions of
the Executive Director.
Governing Law / Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, without reference to the conflicts of law, rules and principles of such State. The parties
agree that all actions or proceedings arising in connection with this Agreement shall be tried and
litigated exclusively in the State or Federal courts located in the County of Los Angeles, State of
California, in the judicial district required by court rules.
Termination Provision
The Board of Harbor Commissioners, in its sole discretion, shall be able to terminate and cancel
all or any part of the Agreement it enters into with the selected Consultant for any reason upon
giving the Consultant ten (10) days’ notice in writing of its election to cancel and terminate the
Agreement. It is agreed that any Agreement entered into shall not limit the right of the City to
hire additional Consultants to perform the services described in the Agreement either during or
after the term of the Agreement.
Proprietary Information
1. Writings, as that term is defined in Section 250 of the California Evidence Code (including,
without limitation, drawings, specifications, estimates, reports, records, reference material, data,
charts, documents, renderings, computations, computer tapes or disks, submittals and other
items of any type whatsoever, whether in the form of writing, figures or delineations), which are
obtained, generated, compiled or derived in connection with this Agreement (collectively
hereafter referred to as "property"), are owned by City as soon as they are developed, whether
in draft or final form. City has the right to use or permit the use of property and any ideas or
methods represented by such property for any purpose and at any time without compensation
other than that provided in this Agreement. Consultant hereby warrants and represents that City
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at all times owns rights provided for in this section free and clear of all third-party claims whether
presently existing or arising in the future, whether or not presently known. Consultant need not
obtain for City the right to use any idea, design, method, material, equipment or other matter
which is the subject of a valid patent, unless such patent is owned by Consultant or one of its
employees, or its Subconsultant or the Subconsultant's employees, in which case such right shall
be obtained without additional compensation. Whether or not Consultant's initial proposal or
proposals made during this Agreement are accepted by City, it is agreed that all information of
any nature whatsoever connected with the Scope of Work, regardless of the form of
communication, which has been or may be given by Consultant, its Subconsultants or on either’s
behalf, whether prior or subsequent to this Agreement becoming effective, to the City, its boards,
officers, agents or employees, is not given in confidence. Accordingly, City or its designees may
use or disclose such information without liability of any kind, except as may arise under valid
patents.
2. If research or development is furnished in connection with this Agreement and if, in the
course of such research or development, patentable work product is produced by Consultant, its
officers, agents, employees, or Subconsultants, the City shall have, without cost or expense to it,
an irrevocable, non-exclusive royalty-free license to make and use, itself or by anyone on its
behalf, such work product in connection with any activity now or hereafter engaged in or
permitted by City. Upon City's request, Consultant, at its sole cost and expense, shall promptly
furnish or obtain from the appropriate person a form of license satisfactory to the City. It is
expressly understood and agreed that, as between City and Consultant, the referenced license
shall arise for City's benefit immediately upon the production of the work product, and is not
dependent on the written license specified above. City may transfer such license to its successors
in the operation or ownership of any real or personal property now or hereafter owned or
operated by City.
Trademarks, Copyrights, and Patents
Consultant agrees to save, keep, hold harmless, protect and indemnify the City and any of its
officers or agents from any damages, cost, or expenses in law or equity from infringement of any
patent, trademark, service mark or copyright of any person or persons, or corporations in
consequence of the use by City of any materials supplied by Consultant in the performance of
this Agreement.
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Confidentiality
The data, documents, reports or other materials which contain information relating to the
review, documentation, analysis and evaluation of the work described in this Agreement and any
recommendations made by Consultant relative thereto shall be considered confidential and shall
not be reproduced, altered, used or disseminated by Consultant or its employees or agents in
any manner except and only to the extent necessary in the performance of the work under this
Agreement. In addition, Consultant is required to safeguard such information from access by
unauthorized personnel.
Notices
In all cases where written notice is to be given under this Agreement, service shall be deemed
sufficient if said notice is deposited in the United States mail, postage paid. When so given, such
notice shall be effective from the date of mailing of the same. For the purposes hereof, unless
otherwise provided by notice in writing from the respective parties, notice to the Department
shall be addressed to _____________, Los Angeles Harbor Department, P.O. Box 151, San Pedro,
California, 90733-0151, and notice to Consultant shall be addressed to it at the address set forth
above. Nothing herein contained shall preclude or render inoperative service of such notice in
the manner provided by law.
Termination Due to Non-Appropriation of Funds
This Agreement is subject to the provisions of the Los Angeles City Charter which, among other
things, precludes the City from making any expenditure of funds or incurring any liability,
including contractual commitments, in excess of the amount appropriated thereof.
The Board, in awarding this Agreement, is expected to appropriate sufficient funds to meet the
estimated expenditure of funds through June 30 of the current fiscal year and to make further
appropriations in each succeeding fiscal year during the life of the Agreement. However, the
Board is under no legal obligation to do so.
The City, its boards, officers, and employees are not bound by the terms of this Agreement or
obligated to make payment thereunder in any fiscal year in which the Board does not appropriate
funds therefore. The Consultant is not entitled to any compensation in any fiscal year in which
funds have not been appropriated for the Agreement by the Board.
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Although the Consultant is not obligated to perform any work under the Agreement in any fiscal
year in which no appropriation for the Agreement has been made, the Consultant agrees to
resume performance of the work required by the Agreement on the same terms and conditions
for a period of sixty (60) days after the end of the fiscal year if an appropriation therefore is
approved by the Board within that 60 day period. The Consultant is responsible for maintaining
all insurance and bonds during this 60 day period until the appropriation is made; however, such
extension of time is not compensable.
If in any subsequent fiscal year funds are not appropriated by the Board for the work required by
the Agreement, the Agreement shall be terminated. However, such termination shall not relieve
the parties of liability for any obligation previously incurred.
Taxpayer Identification Number
The Internal Revenue Service (IRS) requires that all consultants and suppliers of materials and
supplies provide a TIN to the party that pays them. Consultant declares that it has an authorized
TIN which shall be provided to the Department prior to payment under the Agreement. No
payments will be made under the Agreement without a valid TIN.
Service Contractor Worker Retention Policy and Living Wage Policy Requirements
The Board of Harbor Commissioners of the City of Los Angeles adopted Resolution No. 5771 on
January 3, 1999, agreeing to adopt the provisions of Los Angeles City Ordinance No. 171004
relating to Service Contractor Worker Retention (SCWR), Section 10.36 et seq. of the Los Angeles
Administrative Code, as the policy of the Harbor Department. Further, Charter Section 378
requires compliance with the City’s Living Wage requirements as set forth by ordinance, Section
10.37 et seq. of the Los Angeles Administrative Code. Consultant shall comply with the policy
wherever applicable. Violation of this provision, where applicable, shall entitle the City to
terminate the Agreement and otherwise pursue legal remedies that may be available.
Wage and Earnings Assignment Orders/Notices of Assignments
Consultant and/or any subconsultant are obligated to fully comply with all applicable state and
federal employment reporting requirements for the Consultant and/or subconsultant’s
employees.
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Consultant and/or subconsultant shall certify that the principal owner(s) are in compliance with
any Wage and Earnings Assignment Orders and Notices of Assignments applicable to them
personally. Consultant and/or subconsultant will fully comply with all lawfully served Wage and
Earnings Assignment Orders and Notices of Assignments in accordance with Cal. Family Code §
5230 et seq. Consultant or subconsultant will maintain such compliance throughout the term of
the Agreement.
Equal Benefits Policy
The Board of Harbor Commissioners of the City of Los Angeles adopted Resolution No. 6328 on
January 12, 2005, agreeing to adopt the provisions of Los Angeles City Ordinance 172,908, as
amended, relating to Equal Benefits, Section 10.8.2.1 et seq. of the Los Angeles Administrative
Code, as a policy of the Harbor Department. Consultant shall comply with the policy wherever
applicable. Violation of the policy shall entitle the City to terminate any Agreement with
Consultant and pursue any and all other legal remedies that may be available. See Exhibit D.
State Tidelands Grants
The Agreement will be entered into in furtherance of and as a benefit to the State Tidelands
Grant and the trust created thereby. Therefore, the Agreement will at all times be subject to the
limitations, conditions, restrictions and reservations contained in and prescribed by the Act of
the Legislature of the State of California entitled “An Act Granting to the City of Los Angeles the
Tidelands and Submerged Lands of the State Within the Boundaries of Said City,” approved June
3, 1929, (Stats. 1929, Ch. 651), as amended, and provisions of Article VI of the Charter of the City
of Los Angeles relating to such lands. Consultant agrees that any interpretation of the Agreement
and the terms contained therein must be consistent with such limitations, conditions, restrictions
and reservations.
Contract Solicitations Charter Section 470 (c) (12)
Persons who submit a response to this solicitation (proposers) are subject to Charter section 470
(c) (12) and related ordinances. As a result, proposers may not make campaign contributions to
and or engage in fundraising for certain elected City officials or candidates for elected City office
from the time they submit the response until either the contract is approved or, for successful
proposers, 12 months after the contract is signed. The proposer’s principals and subcontractors
performing $100,000 or more in work on the contract, as well as the principals of those
subcontractors, are also subject to the same limitations on campaign contributions and
fundraising.
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Proposers must submit CEC form 55 to the awarding authority at the same time the response is
submitted (See Exhibit F). The form requires proposers to identify their principals, their
subcontractors performing $100,000 or more in work on the contract, and the principals of those
subcontractors. Proposers must also notify their principals and subcontractors in writing of the
restrictions and include the notice in contracts with subcontractors. Responses submitted
without a completed CEC Form 55 may be deemed nonresponsive. Proposers who fail to comply
with City law may be subject to penalties, termination of contract, and debarment. Additional
information regarding these restrictions and requirements may be obtained from the City Ethics
Commission at (213) 978-1960 or ethics.lacity.org.
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APPENDIX F
RFP SECTION 9.4
RFP – TAP OGV Pollution Reduction - Insurance Requirements
As a condition precedent to the effectiveness of this contract, Consultant shall procure and maintain in full force and effect during the term of this contract the types and levels of insurance described below. The required insurance and the documents provided as evidence thereof shall be in the name of Consultant as indicated on this contract. Package policies that contain more than a single coverage type and share primary per occurrence and/or aggregate limits are not permitted. Coverage that requires the City to tender a claim, suit to its own insurer, or make its own insurance available is not permitted. If policies are written with aggregate limits, the aggregate limit shall be at least twice the occurrence limits or as specified below. Excess or umbrella policies, if used, shall be following form and shall provide coverage that is equal to or broader than the underlying coverage.
Commercial General Liability: Commercial General Liability insurance shall be provided on Insurance Services Office (ISO) CGL Form No. CG 00 01 or the equivalent, including provisions for defense of additional insureds and defense costs in addition to limits. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverage provided and two million dollars ($2,000,000) general aggregate. Coverage shall be included on behalf of the insured for claims arising out of the actions of independent contractors. The policy shall contain no provisions or endorsements limiting coverage for contractual liability or third party over action claims. Defense costs shall be in addition to limits.
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The policy must include work performed “by or on behalf” of the Consultant. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall not exclude contractual liability, restrict coverage to the sole liability of Consultant, require the City to tender defense or indemnity to its insurer(s), make its insurance available, or contain any other exclusion contrary to this contract. If this coverage is written on a claims-made basis, the retroactive date shall precede the effective date of this contract with the City, and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from the termination or expiration of this contract. Cancellation: The policy shall not be cancelled or the coverage reduced by endorsement unless agreed to in writing by the Executive Director of the Harbor. Consultant agrees to provide written notice as required by this paragraph within 24 hours of initiating cancellation or receiving notice of cancellation from its insurer, insurance broker, or insurance agent.
The policy of insurance shall be endorsed as follows: Additional Insured: The City of Long Beach, its Board of Harbor Commissioners, employees and agents shall be added as additional insured with regard to liability and defense of suits or claims arising from the operations and activities performed by or on behalf of the Named Insured using ISO Form CG 20 10 (2004) or its equivalent. Additional Insured endorsements shall not: 1) exclude “Contractual Liability”, 2) restrict coverage to the sole liability of the contractor, or 3) contain any other exclusion contrary to this contract.
Business Automobile Insurance: Automobile Liability Insurance shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). Limit shall be no less than one million dollars ($1,000,000) combined single limit per accident. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City.
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Defense costs shall be in addition to limits. If Consultant does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies provided that a separate policy limit is provided for this coverage as required by this contract. Cancellation: The policy shall not be cancelled or the coverage reduced by endorsement unless agreed to in writing by the Executive Director of the Harbor. Consultant agrees to provide written notice as required by this paragraph within 24 hours of initiating cancellation or receiving notice of cancellation from its insurer, insurance broker, or insurance agent.
The policy of insurance required above shall be endorsed as follows: Additional Insured: The City of Long Beach, its Board of Harbor Commissioners, employees and agents shall be added as additional insured with regard to liability and defense of suits or claims arising from the operations and activities performed by or on behalf of the Named Insured. Additional Insured endorsements shall not: 1) be limited to “on-going operations”, 2) exclude “Contractual Liability”, 3) restrict coverage to the sole liability of the contractor, or 4) contain any other exclusion contrary to this contract.
Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California, and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) per accident for bodily injury and disease. Cancellation: The policy shall not be cancelled or the coverage reduced by endorsement unless agreed to in writing by the Executive Director of the Harbor. Consultant agrees to provide written notice as required by this paragraph within 24 hours of initiating cancellation or receiving notice of cancellation from its insurer, insurance broker, or insurance agent.
The policy of insurance required above shall be endorsed as follows: Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its Board of Harbor Commissioners, employees and agents.
Deductible/Self-Insured Retention: Any deductible or self-insured retention must be approved in writing by the Executive Director of the Harbor and shall protect the City, its Board of Harbor Commissioners, agents and employees in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. Any
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deductible or self-insured retention must be approved in writing in accordance with City insurance guidelines.
Evidence of Insurance: The Consultant, concurrently with the execution of this contract, and as a condition precedent to the effectiveness of this contract, shall deliver either endorsements on forms approved by the City of Long Beach acting by and through its Board of Harbor Commissioners (“Evidence of Insurance”) or certified copies of the required policies containing the terms and conditions required by this contract to the Executive Director of the Harbor for approval as to sufficiency and to the City Attorney or approval as to form. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance has been renewed or extended shall be filed with the Executive Director of the Harbor.
Failure to Maintain Coverage: Consultant agrees to suspend and cease all operations hereunder during such period as the required insurance coverage is not in effect and evidence of insurance has not been approved by the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this contract.
Acceptability of Insurers: Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A-:VII, and authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City insurance guidelines.
Contractual Liability: The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this contract but this insurance provision in no way limits the indemnity provisions and the indemnity provisions in no way limit this insurance provision.
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APPENDIX G
Evaluation Criteria
Potential Emission Reductions (Max = 15 pts)
-Has the proposer adequately justified the claimed ability of the technology’s potential to significantly reduce emissions? (6 points) -Does the technology exceed the minimum emission reduction requirements (81%)? (6 points) -Does the technology provide emission reductions for boilers? (3 points)
Technical Readiness (Max = 20 pts)
- Is the technology certified or verified for this application? (5 points) - Is the technology certified or verified in another application? (5 points) - Is the technology ready for in-use demonstration? (5 points) - Has the technology been demonstrated successfully in another application? (5 points)
Proposal Team’s Qualifications (Max = 20 pts)
-Has the proposer adequately described team qualifications per the RFP requirements? (14 points) -Has the team developed this technology before, even in another application? (3 points) -Has the team previously worked together? If so, did the team complete the project per the scope of work, budget, and schedule? (3 points)
Vessel & Operations Compatibility (Max = 20 pts)
-Is the emissions capture system able to interface with various non-regulated OGV exhaust stack configurations? (15 points) - Does the emissions reduction system proposed minimize intrusion to ongoing ports operations? (i.e., Is it self-contained? Does it require few port resources?) (5 points)
Cost & Co-Funding (Max = 10 pts)
- Is the cost for project implementation reasonable compared to other proposed projects? (5 points) - Does the proposer offer co-funding above and beyond the required cost-share? (5 point)
Evaluation of the Emission Reduction System’s Business Case (Max = 10 pts)
Does the proposer’s business case assessment, financial model, and commercialization plan provide sufficient detail to show promise for successful commercial product development and/or commercial viability? (10 points)
Secured Participation by Port Marine Terminal Tenant and OGV Operator (0 or 5 pts)
Has the proposer secured a marine terminal demonstration partner and/or OGV vessel operator to participate in the full-scale testing and/or in-use demonstration? Did the proposer submit letters of commitment or documentation as an element of their proposal submittal, upon which points for this category are contingent? (Proposers without a demonstration partner will receive 0 points under this criterion.)