13069-0-2024-BP Lab Services.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 13069-0-2024-BP

Title: Lab Services

City Agency: Engineering Division

Due Date: August 30, 2024 2:00 PM Central Time

Our Madison – Inclusive, Innovative, & Thriving

REQUEST FOR PROPOSALS RFP 13069-0-2024-BP

13069 RFP - Lab Services.docx Page i

1 OPPORTUNITY AND WELCOME

Thank you for your interest in bidding on a City of Madison contract opportunity. The City’s mission is to provide the highest quality service for the common good of our residents and visitors.

The City of Madison Engineering Division is seeking proposals from qualified vendors for Lab Services.

The City of Madison Engineering Division is requesting proposals for Laboratory Services from qualified and experienced vendors. This includes providing all sample containers, shipping services, sample analysis, and report preparation and delivery. Vendors submitting proposals must be certified by the Wisconsin DNR, and preferably NELAP. In addition to specific State and USEPA requirements, all work shall comply with all applicable governmental regulations, project specific quality standards and accepted good practice for the type of work being performed.

Thank you for considering this opportunity to work with the City and further our mission!

2 IMPORTANT INFORMATION

DEADLINE FOR PROPOSALS: August 30, 2024 at 2:00 PM Central Time.

The City will not accept late proposals. Any changes to the deadlines will be posted as an addendum on the bid distribution websites listed below. See Section 3.1 for instructions for using these websites.

RFP NAME: Lab Services

DEADLINE FOR

QUESTIONS:

The deadline for questions is August 19, 2024 at 2:00 PM Central Time.

Questions and/or inquiries must be submitted by email.

CITY’S ANSWERS

POSTED BY:

The City’s answers to your questions will be posted as an addendum by August 21, 2024. You must check the bid distribution websites for any addendums.

DUE DATE FOR

PROPOSALS:

August 30, 2024 2:00 PM Central Time

BID DISTRIBUTION

WEBSITES:

https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/

CONTACT

INFORMATION:

Brian Pittelli Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

Phone: (608) 267-4969 Email: bpittelli@cityofmadison.com https://www.cityofmadison.com/vision-awards https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ mailto:bpittelli@cityofmadison.com

13069 RFP - Lab Services.docx Page ii

Table of Contents

1 OPPORTUNITY AND WELCOME .................................................................................................... i 2 IMPORTANT INFORMATION ........................................................................................................... i

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT Contact Information

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy Equity in Contracting Equitable Hiring & Affirmative Action Plan Limitations on Nuclear Weapons Producers Sweatfree Purchasing

5 SCOPE OF WORK AND REQUIRED INFORMATION

Scope of Work Project Coordination Analysis and Reporting of Samples Required RFP Forms Experience and Project Capability (35% of Total Score) Cost Proposal (60% of Total Score) Local Preference (5% of Total Score) Evaluation and Award Process Term

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist Submit your Proposal by the Deadline Format Questions Addendum (Changes or Clarifications to this RFP) Multiple Proposals Changing or Withdrawing your Proposal Correcting Errors in your Proposal after the Due Date No Exceptions from Bidders

You are Responsible for all of your Costs in Making a Proposal Public Records and Trade Secrets

7 RULES FOR THE SELECTION PROCESS

8 LEGAL CONTRACT REQUIREMENTS

Sample Contract Affirmative Action Requirements for Contractors Insurance

Sample Contract

Form A: Price Proposal and Signature Affidavit

Form B: References

Form C: Vendor Profile

Appendix A: Sediment Protocol 3

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT

The City of Madison posts all requests for proposals (RFPs), addendums, updates, awards, and announcements on two websites: VendorNet and DemandStar. Both sites are free to register for City of Madison bids.

These two websites are the only places to get the official RFP and updates to the RFP.

Updates and addendums will only be posted on these websites. It is your responsibility to check the websites for updates and “addendums.” An addendum is a document that answers questions from bidders. It could make important changes to the RFP. If the addendum requires a response, and you fail to respond to it, you could be disqualified.

State of Wisconsin VendorNet System

State of Wisconsin and local government bid network. Registration is free. Search for City of Madison in the Agency search field.

VendorNet link https://vendornet.wi.gov/Bids.aspx

DemandStar by Onvia National bid network. Free subscription is available. Sign up for the free “Basic Plan” and select Wisconsin Association for Public Procurement (WAPP) as the agency to access City of Madison RFPs.

DemandStar link https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75- 86ec-401cd5abf736/

Register on DemandStar www.demandstar.com/app/registration

Contact Information

City of Madison Purchasing Contact (Buyer)

Brian Pittelli Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

PH: (608) 267-4969

bpittelli@cityofmadison.com

Questions about Affirmative Action Plans

Contract Compliance, Department of Civil Rights 210 Martin Luther King, Jr. Blvd. Room 523 City-County Building Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

Email note Some email to the City gets lost in “spam.”

If you send the City an email and you do not hear back within 3 days, please call the Buyer at (608) 267-4969.

https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/registration mailto:dcr@cityofmadison.com

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy

The City of Madison gives preference to local vendors and suppliers. You must be registered with the City as a local vendor by the RFP due date to get preference points. Learn more and register at the City of Madison website: www.cityofmadison.com/finance/purchasing/local-businesses/register-business/

If you are a local vendor, be sure to complete the Local Vendor section on Form C.

Equity in Contracting

The mission of the City of Madison is to provide the highest quality service for the common good of our residents and visitors. The City’s values include

• Equity - fairness, justice and equal outcomes for all, and

• Shared prosperity - where all are able to achieve economic success and social mobility.

It is our goal to spend money equitably among businesses owned by women, people of color, and small businesses. Our contractors should reflect shared dedication to equity in their work and employment practices, and we invite you to become part of this mission!

Equitable Hiring & Affirmative Action Plan

Affirmative Action Plan The City of Madison values diversity in hiring and contracting. We expect our contractors to do the same. Contractors with 15 or more employees and more than $50,000 in annual contracts with the City (each calendar year) must submit an Affirmative Action Plan.

Information about the Affirmative Action Plan and how to comply is found here:

https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers

Or call the Affirmative Action Division at (608) 266-4910.

See Section 13. B. of the Sample Contract for Affirmative Action Plan requirements.

Job Openings in Dane County You must notify the City of openings for jobs in Dane County, Wisconsin if you have 15 or more employees. You must agree to interview candidates that we refer to you through our Referrals and Interviews for Sustainable Employment (RaISE) program. Information is here:

http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The job posting requirement is found in Section 13 A. of the Sample Contract.

Limitations on Nuclear Weapons Producers

It is the City’s policy not to make purchases from companies that produce nuclear weapons, or their subsidiaries. See Common Council Resolution 79719 for more information.

Sweatfree Purchasing

It is the City’s policy not to purchase apparel (clothes made from textiles, shoes, footwear) from vendors who source their materials from sweatshops, where labor practices are inconsistent with international standards of human rights. See Madison General Ordinances Section 4.25 (https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1-- 10_CH4FI_4.25PRITAP) for more information.

https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/ https://www.cityofmadison.com/vision-awards https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://madison.legistar.com/ViewReport.ashx?M=R&N=Text&GID=205&ID=5490426&GUID=A7280DE2-DFCB-40F2-8200-E9C3EA95902B&Title=Legislation+Text https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP

5 SCOPE OF WORK AND REQUIRED INFORMATION

Scope of Work

The City of Madison Engineering Division is requesting proposals for Laboratory Services from qualified and experienced vendors. The project includes providing all sample containers, shipping services, sample analysis, and analysis report preparation and delivery for the City of Madison in accordance with the schedule and procedures described herein. The Vendor will provide testing services on all waters (surface, ground, storm, landfill leachate and condensate), soils, and sediments for the parameters to be determined by the City of Madison Engineering Division. Samples to be tested will be collected and shipped to the Vendor by the City, at the sole expense of the Vendor.

The City of Madison does not guarantee a minimum or maximum number of services that may be required on an annual basis. However, the quantities stated on the Proposal Page are based on recent annual usage, and the current contract has averaged approximately $40,000 to $50,000 annually.

The Vendor shall be certified by the Wisconsin DNR, and preferably NELAP or equivalent, to perform the work required. In addition to specific State and USEPA requirements, all work shall comply with all applicable governmental regulations, project specific quality standards and accepted good practice for the type of work being performed. The Vendor shall inform the City in writing upon any change in status of WDNR or NELAP accreditation. The contractor’s loss of Wisconsin DNR accreditation may result in cancelation of the contract by the Division of Purchasing.

The following are typical projects on an annual basis:

• Landfill groundwater sampling: 8 events spread throughout the year with approximately 23 samples each for VOCs, metals, anions, alkalinity, nutrients

• Landfill leachate and condensate: 15 events spread throughout the year for VOCs, metals, hexavalent Cr, TSS, BOD, cBOD, anions, nutrients, alkalinity, cyanide

• Stormwater and construction dewatering: 5 events spread throughout the year for dissolved metals, oil and grease, TSS, and VOCs.

• Soils from Right of Way Construction: 10 events, 2 samples each, spread throughout the year for PAHs, VOCs, PCBs, and metals

• Sediment for Dredging Projects: 3 events per year, 6 samples each, for PAHs, total metals, PCBs, and nutrients

• PFAS Sampling: The only PFAS sampling conducted by the City is associated with construction dewatering projects close to Starkweather Creek or the Dane County Regional Airport, a known PFAS contaminant investigation site.

Project Coordination

The Vendor shall coordinate with the City to ensure that all scheduling of sample pick up and analysis meets project specific and laboratory requirements and regulatory deadlines. The Vendor shall designate a primary point of contact and an alternate contact within the organization including emergency telephone numbers and email addresses.

The Vendor shall supply sample bottles, documentation and materials for collection and handling of samples, including sample bottle kits and properly-sized sample coolers. Deliver the custom sample bottle kits to the laboratory or to the requested sampling location. Deliveries shall be made no later than five business days before the scheduled sampling. Provide the City with reasonably clean sample coolers.

The Vendor shall provide courier services and/or pre-paid shipping labels for the pick-up and delivery of samples to the laboratory facility. Samples shall be picked up and delivered as requested, typically Monday-Friday 7:00 AM to 4:30 PM, CDT. Acknowledge receipt of samples by completing the chain-of-custody form for each set of samples and returning a copy of the completed chain-of-custody with the corresponding analysis reports. The Vendor shall not refuse acceptance of a sample shipment.

The vendor shall complete the copy of the current Chain of Custody form initiated by the City and follow the Sample Receiving and Chain of Custody standard operating procedure.

Analysis and Reporting of Samples

Analysis shall be performed only within the procedures approved for the Vendor under certification by WDNR, and preferably NELAP, and with appropriate quality assurance/quality control practices and procedures. Methods shall be as described in accordance with 40 CFR Part 136 for the environmental programs, and water samples in accordance with Title 22 for the drinking water program and in accordance with EPA SW846 (Test Methods for evaluating solid waste, physical, and chemical methods).

The Vendor must ensure that analysis performed shall have verifiable Reporting Limits (RLs), instrument detection limit (IDL), limit of detection (LOD), and limit of quantitation (LOQ), and other limits consistent with USEPA and WDNR standards. The Vendor shall provide the City with a list of all sub-contracting labs used for testing. Standard turnaround time for analyses will be 2 weeks from sample receipt. The Vendor will also have facility capacity to complete expedited services. However, the majority of work will not require fast TAT, weekend or off-hour testing.

If there is a need for the City to re-sample due to an error that is the fault of the Vendor (i.e. requested analysis is not completed by the lab, sample is dropped, holding times are expired before analysis is complete, etc.), the analysis of the re-sample will be done at no extra charge to the City, as well as resampling (if the holding time is exceeded or there is no sample left).

The Vendor shall prepare analysis reports to include the following information:

• Sample identification and sample type

• Sample preservation and container type

• Analytical methodology used

• Analytical results and corresponding method detection limits

• Names of individuals collecting or submitting the sample

• Date and time of sample collection

• Laboratory performing the analysis for each parameter

• Quality control indices (metrics, CCV, ICV, blanks, duplicate RPD, RSD, spike recovery)

The Vendor shall submit the analysis reports with the corresponding invoices for services. The Vendor must be able to provide reports as an electronic data deliverable (EDD) for LIMS integration and in the WDNR GEMS landfill database format (space-delimitated). All reporting and invoicing will occur via email, and an online data management portal is preferred.

Required RFP Forms

1. Form A – Price Proposal and Signature Affidavit

2. Form B – References

3. Form C – Vendor Profile

Experience and Project Capability (35% of Total Score)

Responses must be in the same sequence and identified with the corresponding question number (Example: Question 1, Question 2, etc.). Please limit responses in this section to not more than twelve

(12) pages. Resumes will not count towards the page limit. The percentage of the total score that each question is worth is listed as [x] in each question.

1. Firm Experience and Technical Capacity – State your firm’s size and the location of the office(s) that will be used for this contract. Provide the project’s main contact. Describe your firm’s experience doing comparable work for other public agency clients. Provide the same information for all subcontractors. Briefly state your firm’s QA/QC processes. Describe your firm’s online data portal and ability to prepare WDNR GEMS-style electronic data deliverables (EDDs). [20%]

2. LODs and LOQs by Method – Include standard limits of detections and limits of quantitation by method for all parameters/matrices listed in the cost proposal. Different analysis methods may be proposed by the Vendor. Groundwater method LODs should meet or exceed the WDNR’s NR140 Groundwater Quality Standards. Soil methods should satisfy the WDNR’s NR720 residual contaminant level (RCL) standards. [5%]

3. Turn around Times and Shipping - Describe your ability to meet the standard turnaround time (TAT) of 2 calendar weeks from sample receipt. Provide a TAT for PFAS analysis in water.

Describe your ability to meet fast turnaround times of 2 to 3 days for the following analyses:

VOCs/oil & grease/TSS in water and VOCs/PAHs/PCBs/ RCRA metals in soils. Include information on any additional surcharges associated with expedited TATs. Coolers and courier services and/or prepaid shipping labels shall be provided at the expense of the Vendor. Describe your shipping procedures and the City’s responsibilities for sample shipping. Clearly state if you have a local drop-off office or courier service—this is highly preferred. [10%]

Please note that the below questions are pass/fail and will not be scored. As long as the specifications are met, the proposer will pass.

4. Certifications – Provide proof of WDNR certification for the specified analyses. Provide proof of NELAP certification for the specified analyses, if available.

5. Quality Systems Audit – Provide proof of a recent acceptable external audit.

6. QAPP and SOPs - Must have a laboratory quality assurance performance plan (QAPP) and Standard Operating Procedures (SOPs) for analytical methods and non-analytical methods (e.g., sample control, project management, changes in laboratory policy, supply management). Do not submit this information but have it available upon request.

Cost Proposal (60% of Total Score)

Vendors may submit pricing for all or a portion of the requested services in Form A2. Send back your response in Excel format. Do not send as a pdf. You may edit the Cost Proposal to propose method substitutions or other changes but highlight any changes. Cost proposals must include the following information:

• All costs incidental to the purchase of laboratory services, including, but not limited to, sample shipping and delivery and any surcharges. Vendor will not be allowed to charge for costs not listed on this Bid Sheet.

• Unit price shall prevail.

• Describe under what circumstances that City would be charged for additional work.

• Include the respective percentage of sub-contractors’ involvement, if any, in each phase of work.

Note that our landfills require slightly different lists of analytes for leachate and groundwater analysis. For simplicity in bidding, please assume all groundwater and leachate samples will be analyzed for the complete lists. If your firm is awarded this contract, however, the City will pay a prorated cost if fewer or additional parameters are required for a particular site.

Please note: As stewards of public funds, the City maintains all adopted budgetary parameters in the performance of its contracts. The ability of the successful proposer to maintain a sense of fiscal responsibility shall be favorably considered in the ranking and award of a contract.

Local Preference (5% of Total Score)

To be identified as a local business, the Vendor must have a physical address within Dane County and meet the criteria listed here: https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/.

Evaluation and Award Process

After determining that a proposal satisfies the mandatory requirements stated in the RFP, the evaluators shall use both objective and subjective analysis to award the contract to the best and lowest proposal. An interview may be conducted with any vendor.

Experience, References, & Project Capability 35% Cost Proposal 60% Local Preference 5%

Total 100%

Term

The original contract period shall be for one year. The City of Madison shall have the right, at its sole option, to renew the contract for two (2) additional one-year periods. In the event the City exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period. The City reserves the right to terminate the contract at any time, without penalty or recourse, but giving written notice to the Vendor at least thirty (30) calendar days prior to the effective date of such termination. The Vendor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City of Madison pursuant to the contract prior to the effective date of termination.

Excluded from this specification are all services purchased separately on other City contracts.

The City also reserves the right to bid separately any items or services where it is determined by the City that substantial savings in cost will result due to a large quantity purchase or the facility is not appropriately classified under this specification contract.

The City shall have the right to award partial contracts to one or more Vendors.

https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/ https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist

Submit your Proposal by the Deadline

Submit your proposal by email to City of Madison Purchasing Services by August 30, 2024 at 2:00 PM Central Time.

• Make sure your proposal is complete (see checklist above) and readable.

• Include RFP 13069-0-2024-BP in the email subject line.

• Email proposals to: bids@cityofmadison.com

• Do not send your proposal to any other City email or agency

• If you cannot send your proposal by email, please contact the Buyer at bpittelli@cityofmadison.com

Only submit back the required documents. Do not send this RFP document back with your response.

You must include RFP 13069-0-2024-BP on your proposal and all other communication to the City. For email, include RFP 13069-0-2024-BP in the subject line.

For example, an email subject line could read: RFP 13069-0-2024-BP Lab Services Questions

Required Documents to Submit:

Responses to Questions in Section 5.5

Required Forms to Submit:

Form B: References

RFP ADDENDUM

Check the bid websites for any addendum. See Section 3.1.

• You can use the area below to track addendums.

• An addendum might require you to submit additional documents. Make sure to read it carefully and send any additional documents.

Addendum # (if any) Have you read it?

Have you submitted any documents required by the addendum?

Addendum # _______ Yes No

Addendum # _______ Yes No mailto:bids@cityofmadison.com

Format

• Electronic – proposals are submitted electronically. Exceptions can be made for paper submittals but you must contact the Buyer ahead of time to make those arrangements.

• Legible and readable – if not the City might reject it.

• Simple – not necessary to include elaborate/ high tech/ expensive graphics or similar features.

• Complete – your proposal must include all required sections and forms. See checklist.

Questions

You can ask questions about the RFP until the deadline for questions of August 19, 2024 at 2:00 PM Central Time.

Email questions to Brian Pittelli at bpittelli@cityofmadison.com. Remember to include RFP 13069-0- 2024-BP in the subject line.

We post answers to bidder questions as an addendum on the bid websites. Check the websites regularly.

Addendum (Changes or Clarifications to this RFP)

RFP addendums make clarifications, answer bidder questions, make changes to RFP timeline, and provide other important information. Addendums are posted on the bid websites listed in Section 3.1.

IMPORTANT: It is your responsibility to check for addendums. An addendum might require you to submit additional information. Your proposal could be disqualified if you do not:

• Check the bid websites regularly during the posting period

• Read all addendum

• Follow the instructions in the addendum

Multiple Proposals

You may submit more than one proposal if you are proposing more than one way to fulfill the scope requested by this RFP. If so, each proposal must meet the requirements of the RFP. Clearly label each proposal by number (Proposal #1, Proposal #2) and submit each separately.

Changing or Withdrawing your Proposal

You may make changes to your proposal before the due date of August 30, 2024 at 2:00 PM Central Time.

You may withdraw your proposal before the due date. After the due date, no proposals may be withdrawn for 90 days or as otherwise provided by law.

Correcting Errors in your Proposal after the Due Date

The City will notify you if we believe you made an error in your proposal and may allow you to correct the error. The City will decide if correcting the error is in the City’s best interest, is fair to the other bidders, and preserves competition. The City will decide whether an error can be corrected and will notify you.

No Exceptions from Bidders

Exceptions to this RFP are not permitted. The City of Madison reserves the right to reject bids that take exceptions or don’t follow the requirements of this RFP. If you ask to change the requirements, specifications, sample contract, or legal terms, that is considered an “exception.” A statement that you will not or cannot comply with any part of this RFP or the sample contract will also be considered an “exception.” (If this RFP allows substitutions or alternate solutions, the Scope of Services (Section 5) will make this clear, and that is not considered an “exception.”)

You are Responsible for all of your Costs in Making a Proposal

You participate in this RFP at your own expense. You may be asked to attend virtual or in-person meetings, make presentations, give demonstrations, inspect City locations, or make your facilities available for a site inspection. The City will not pay any costs incurred in your preparation of bids, even if this RFP is changed or cancelled.

Public Records and Trade Secrets

Your response to this RFP is a public record. Wisconsin and other public records laws may require the City to share your proposal or the resulting contract if someone makes a public records request. If a public records request is made, the City’s Records Custodian applies the law to decide whether the record must be disclosed, or if any part of the record can be redacted or not disclosed. There are very few exceptions to disclosure under Wisconsin law. One exception is for “trade secrets” as defined by sec.

134.90(1)(c) of the Wisconsin Statutes. It is your responsibility to research trade secrets as defined by Wisconsin law if you think any part of your proposal might be a “trade secret.” The City cannot give private legal advice to you. Most things will NOT meet this exception.

You may label items you believe meet this definition as a “trade secret” and submit them separately from the rest of your proposal, but the City cannot guarantee that information will be treated as a trade secret or confidential.

Things that are not considered confidential: your proposal or bid in its entirety, price proposal, pricing information, references, or the resulting contract. This is not a complete list.

Preserving competition: To the extent permitted by law, the City intends to withhold proposals under this RFP from public view until competitive or bargaining reasons no longer require it, in the City’s opinion. At that time, all proposals will be available for review in accordance with public records laws.

The City will not provide advance notice to bidders prior to releasing any requested public record.

7 RULES FOR THE SELECTION PROCESS

This RFP does not commit the City to award a contract. The City can cancel this RFP at any time. There is no guarantee that the City will award any contract as a result of this RFP. While the City considers this procurement important to City operations, the circumstances could change.

The City might make a partial award. By submitting a proposal you are willing to accept an order for all or part of the items/services. Note in your proposal if you do not agree to accept a partial award.

The City reserves the right to make changes to this RFP. Any changes will be made with an Addendum. Changes could impact due dates or specifications, or could require additional information from all bidders.

The City reserves the right to reject any proposal. We can reject all or part of a proposal without explaining the reason. Proposals could be rejected if they are missing information (non-responsive) or fail to demonstrate that the bidder is responsible and capable of doing the work (not responsible.)

The City may negotiate with finalists or the selected vendor. One or more bidders may need to submit additional technical proposals, best and final price proposals, or other changes to their bids.

Federal or State Laws may apply to this RFP (such as federal regulations or procurement policies that apply to grant funding). Those laws will apply over any conflicting procedure in this RFP.

Responsible and Responsive Bidders You should read the Scope of Work (Section 5) carefully to determine your ability to perform and complete the work required. This contract will only be awarded to a bidder who is “responsible” and “responsive” and whose bid is most advantageous to the City, with price and other factors considered. This RFP is designed to help the City select responsive and responsible bidders.

“Responsive” means that your proposal responds to all parts of this RFP – it is complete, not missing any information, and addresses all of the required work. Failure to provide all of the information requested in this RFP could result in being considered “not responsive.”

A “Responsible” bidder has demonstrated the ability to perform successfully under the terms of the proposed contract. This includes having adequate financial resources or the ability to obtain them; can perform and deliver on time, delivery taking into account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills. A bidder that cannot demonstrate these things may be considered “not responsible.”

Contractors with past problems with the City The City reserves the right to refuse to accept any bid from any person, firm or corporation who

• owes the City money

• is in default to the City

• has been debarred through an official process such as through the Department of Civil Rights

• has had performance or other problems on past contracts with the City

Such bidders may be deemed “not responsible.”

8 LEGAL CONTRACT REQUIREMENTS

Sample Contract

You must review the Sample Contract attached to the end of this RFP. This contract* will be used for the work resulting from this RFP.

By submitting a proposal, you are willing to enter into a contract with the terms found in the Sample Contract. Exceptions to the legal terms are not allowed and may result in your proposal being rejected. The City does not negotiate legal terms prior to award.

*While the City strives to provide the most appropriate sample contracts, the City reserves the right to modify the form for any contract resulting from this RFP.

Affirmative Action Requirements for Contractors

City contractors must show they hire and promote employees equitably and make their best efforts to have a diverse workforce.

Affirmative Action Plan: Bidders with 15 or more employees that will earn $50,000 or more in total contracts with the City in the calendar year must file an Affirmative Action Plan (AA plan) with the City.

Submit your AA plan online using the form provided by the City. See the sample AA plan for “vendors and suppliers” at: https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers

Exemptions: Bidders who have fewer than 15 employees or will earn less than $50,000 in total contracts with the City in the calendar year will be exempt from filing a full AA plan. You will need to fill out a request for exemption form. If you have 15 or more employees, you must complete an exemption form, provide some workforce statistics, and participate in the “RaISE” program.

Release of Payment: The City cannot make any payments under a contract until the Affirmative Action plan or request for exemption form are completed.

Referrals and Interviews for Sustainable Employment (RaISE) Program: The RaISE program is designed to match qualified people to employment. If you have 15 or more employees and are awarded the contract, you must let the City know about all external job openings in Dane County, Wisconsin. You must also agree to interview candidates the City refers to you. See this link for information and instructions: https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The City has a Small Business Enterprise program described here:

https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs.

You will be encouraged to provide opportunities for small business enterprises (SBE) to compete for any subcontracts allowed in the contract.

See the Sample Contract, section 13, for all requirements for the City’s Affirmative Action program for contractors. Call the Contract Compliance Specialist at (608) 266-4910 with questions.

Insurance

All City contractors must provide a Certificate of Insurance. You must carry the insurance policies required by section 27 of the Sample Contract. This includes general liability insurance, workers compensation, and could include automobile and professional liability insurance. Please see the instructions and section 27 of the Sample Contract for the insurance requirements.

https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs

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City of Madison

CONTRACT FOR PURCHASE OF SERVICES

1. PARTIES.

This is a Contract between the City of Madison, Wisconsin, hereafter referred to as the "City" and hereafter referred to as "Contractor."

The Contractor is a: Corporation Limited Liability Company General Partnership LLP (to be completed by contractor) Sole Proprietor Unincorporated Association Other: .

2. PURPOSE.

The purpose of this Contract is as set forth in Section 3.

3. SCOPE OF SERVICES AND SCHEDULE OF PAYMENTS.

Contractor will perform the following services and be paid according to the following schedule(s) or attachment(s):

Order of Precedence: In the event of a conflict between the terms of this Contract for Purchase of Services and the terms of any document attached or incorporated herein, the terms of this Contract for Purchase of Services shall control and supersede any such conflicting term.

4. TERM AND EFFECTIVE DATE.

This Contract shall become effective upon execution by the Mayor, (or the Purchasing Agent, if authorized) on behalf of the City of Madison, unless another effective date is specified in the Attachment(s) incorporated in Section 3, however in no case shall work commence before execution by the City of Madison. The term of this Contract shall be .

5. ENTIRE AGREEMENT.

This Contract for Purchase of Services, including any and all attachments, exhibits and other documents referenced in Section 3 (hereafter, “Agreement” or “Contract”) is the entire Agreement of the parties and supersedes any and all oral contracts and negotiations between the parties. If any document referenced in Section 3 includes a statement that expressly or implicitly disclaims the applicability of this Contract for Purchase of Services, or a statement that such other document is the “entire agreement,” such statement shall be deemed rejected and shall not apply to this Contract.

6. ASSIGNABILITY/SUBCONTRACTING.

Contractor shall not assign or subcontract any interest or obligation under this Contract without the City's prior written approval. All of the services required hereunder will be performed by Contractor and employees of Contractor.

7. DESIGNATED REPRESENTATIVE.

Contractor designates as Contract Agent with primary responsibility for the performance of this Contract. If the Contract Agent resigns, is replaced, or is no longer acting as Contract Agent for any reason, Contractor will notify the City in writing of the change, and propose a replacement Contract Agent within seven (7) calendar days. The City may accept another person as the Contract Agent or may terminate this Contract under Section 25, at its option.

8. PROSECUTION AND PROGRESS.

A. Services under this Agreement shall commence upon written order from the City to the Contractor, which order will constitute authorization to proceed; unless another date for commencement is specified elsewhere in this Contract including documents incorporated in Section 3.

B. The Contractor shall complete the services under this Agreement within the time for completion specified in Section 3, the Scope of Services, including any amendments. The Contractor's services are completed when the City notifies the Contractor in writing that the services are complete and are acceptable. The time for completion shall not be extended because of any delay attributable to the Contractor, but it may be extended by the City in the event of a delay attributable to the City, or in the event of unavoidable delay caused by war, insurrection, natural disaster, or other unexpected event beyond the control of the Contractor. If at any time the Contractor believes that the time for completion of the work should be extended because of unavoidable delay caused by an unexpected event, or because of a delay attributable to the City, the Contractor shall notify the City as soon as possible, but not later than seven (7) calendar days after such an event.

Such notice shall include any justification for an extension of time and shall identify the amount of time claimed to be necessary to complete the work.

C. Services by the Contractor shall proceed continuously and expeditiously through completion of each phase of the work.

D. Progress reports documenting the extent of completed services shall be prepared by the Contractor and submitted to the

City with each invoice under Section 24 of this Agreement, and at such other times as the City may specify, unless another procedure is specified in Section 3.

E. The Contractor shall notify the City in writing when the Contractor has determined that the services under this Agreement have been completed. When the City determines that the services are complete and are acceptable, the City will provide written notification to the Contractor, acknowledging formal acceptance of the completed services.

9. AMENDMENT.

This Contract shall be binding on the parties hereto, their respective heirs, devisees, and successors, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto. Any other change in any provision of this Contract may only be made by a written amendment, signed by the duly authorized agent or agents who executed this Contract.

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10. EXTRA SERVICES.

The City may require the Contractor to perform extra services or decreased services, according to the procedure set forth in Section

24. Extra services or decreased services means services which are not different in kind or nature from the services called for in the Scope of Services, Section 3, but which may increase or decrease the quantity and kind of labor or materials or expense of performing the services. Extra services may not increase the total Contract price, as set forth in Section 23, unless the Contract is amended as provided in Section 9 above.

11. NO WAIVER.

No failure to exercise, and no delay in exercising, any right, power or remedy hereunder on the part of the City or Contractor shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the City or Contractor therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition.

12. NONDISCRIMINATION.

During the term of this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs or student status. Contractor further agrees not to discriminate against any subcontractor or person who offers to subcontract on this Contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin.

13. AFFIRMATIVE ACTION.

A. The following language applies to all contractors employing fifteen (15) or more employees (MGO 39.02(9)(c):

The Contractor agrees that, within thirty (30) days after the effective date of this Contract, Contractor will provide to the City of Madison Department of Civil Rights (the “Department”), certain workforce utilization statistics, using a form provided by the City.

If the Contract is still in effect, or if the City enters into a new Agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City. The second form will be submitted to the Department no later than one year after the date on which the first form was required to be provided.

The Contractor further agrees that, for at least twelve (12) months after the effective date of this Contract, it will notify the Department of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are to be considered. The notice will include a job description, classification, qualifications, and application procedures and deadlines, shall be provided to the City by the opening date of advertisement and with sufficient time for the City to notify candidates and make a timely referral. The Contractor agrees to interview and consider candidates referred by the Department, or an organization designated by the Department, if the candidate meets the minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the Contractor on or before the date stated in the notice.

The Department will determine if a contractor is exempt from the above requirements (Sec. 13.A.) at the time the Request for Exemption in 13.B.(2) is made.

B. Articles of Agreement, Request for Exemption, and Release of Payment:

The “ARTICLES OF AGREEMENT” beginning on the following page, apply to all contractors, unless determined to be exempt under the following table and procedures:

NUMBER OF EMPLOYEES LESS THAN $50,000

Aggregate Annual Business with the City*

$50,000 OR MORE

Aggregate Annual Business with the City*

14 or less Exempt** Exempt**

15 or more Exempt** Not Exempt

*As determined by the Finance Director **As determined by the Department of Civil Rights

(1) Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in section 13.B.(5) of this Contract and from filing an Affirmative Action plan as required by Section IV of the Articles of Agreement. The Department of Civil Rights (“Department”) makes the final determination as to whether a contractor is exempt. If the Contractor is not exempt, sec. 13.B.(5) shall apply and Contractor shall select option A. or B. under Article IV therein and file an Affirmative Action Plan.

(2) Request for Exemption – Fewer Than 15 Employees: (MGO 39.02(9)(a)2.) Contractors who believe they are exempt based on number of employees shall submit a Request for Exemption on a form provided by the Department within thirty (30) days of the effective date of this Contract.

(3) Exemption – Annual Aggregate Business: (MGO 39.02(9)(a)c.): The Department will determine, at the time this Contract is presented for signature, if the Contractor is exempt because it will have less than $50,000 in annual aggregate business with the City for the calendar year in which the contract is in effect. CONTRACTORS WITH 15 OR MORE EMPLOYEES WILL LOSE THIS EXEMPTION AND BECOME SUBJECT TO SEC. 13.B.(5) UPON REACHING $50,000 OR MORE ANNUAL AGGREGATE BUSINESS WITH THE CITY WITHIN THE CALENDAR YEAR, BEGINNING IN 2019.

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(4) Release of Payment: (MGO 39.02(9)(e)1.b.) All non-exempt contractors must have an approved Affirmative Action plan meeting the requirements of Article IV below on file with the Department within thirty (30) days of the effective date of this Contract and prior to release of payment by the City. Contractors that are exempt based on number of employees agree to file a Request for Exemption with the Department within thirty (30) days of the effective date and prior to release of payment by the City.

(5) Articles of Agreement:

ARTICLE I

The Contractor shall take affirmative action in accordance with the provisions of this Contract to ensure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin and that the employer shall provide harassment-free work environment for the realization of the potential of each employee. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants notices to be provided by the City setting out the provisions of the nondiscrimination clauses in this Contract.

ARTICLE II

The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractors state that all qualified or qualifiable applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin.

ARTICLE III

The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining Agreement or other Contract or understanding a notice to be provided by the City advising the labor union or workers representative of the Contractor's equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to employees and applicants for employment.

ARTICLE IV

(This Article applies to non-public works contracts.)

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison (MGO 39.02) including the Contract compliance requirements. The Contractor warrants and certifies that one of the following paragraphs is true (check one):

A. Contractor has prepared and has on file an affirmative action plan that meets the format requirements of Federal Revised Order No, 4, 41 CFR part 60-2, as established by 43 FR 51400 November 3, 1978, including appendices required by City of Madison ordinances or it has prepared and has on file a model affirmative action plan approved by the Madison Common Council.

B. Within thirty (30) days after the effective date of this Contract, Contractor…