13097-0-2025-BP RFP.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 13097-0-2025-BP

Title: Madison Bus Rapid Transit TIFIA Putting Assets to Work Asset Scan

City Agency: Transportation and Economic Development Divisions

Due Date: April 9, 2025

2:00 PM Central Time

Our Madison – Inclusive, Innovative, & Thriving

REQUEST FOR PROPOSALS RFP 13097-0-2025-BP

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 Transportation and Economic Development Divisions is seeking proposals from qualified vendors for Madison Bus Rapid Transit TIFIA Putting Assets to Work Asset Scan .

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

The City of Madison intends to conduct an Asset Scan, Market Valuation, Program Development, and Pre-Request for Development Proposal for City-owned underutilized real estate assets near transit. In particular, the City is looking to inventory city-owned/controlled properties that are roughly within ½ mile of fixed transit assets or would otherwise be eligible for the Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program.

The contract resulting from this RFP will be 100% funded with federal grant funds from the U.S.

Department of Transportation (USDOT.) The City of Madison has entered into a grant agreement with US DOT for the Innovative Finance and Asset Concession Grant Program. $670,000 of available grant funding will be used to for the consultant services solicited through this RFP. The grant agreement, which includes budgeting, deliverables, schedule, and federal requirements, is included as Attachment A.

The consultant will be required to adhere to all applicable terms and conditions of Attachment A.

2 IMPORTANT INFORMATION

DEADLINE FOR PROPOSALS: April 9, 2025 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: [Enter Title]

DEADLINE FOR

QUESTIONS:

The deadline for questions is March 24, 2025 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 March 28, 2025. You must check the bid distribution websites for any addendums.

DUE DATE FOR

PROPOSALS:

April 9, 2025 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://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_credit_assistance/tifia/ https://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_credit_assistance/tifia/ 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

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 MISCELLANEOUS

Limitations on Nuclear Weapons Producers

5 SCOPE OF WORK AND REQUIRED INFORMATION

Scope of Services – Phase 1 Scope of Services – Phase 2 Scope of Services – Phase 3 Scope of Services – Phase 4 Scope of Services – Phase 5 Schedule Conditions Basis of Payment and Billing Required Information and Content of Proposals

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 Attachment A: City’s Grant Agreement with USDOT

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 MISCELLANEOUS

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.

https://madison.legistar.com/ViewReport.ashx?M=R&N=Text&GID=205&ID=5490426&GUID=A7280DE2-DFCB-40F2-8200-E9C3EA95902B&Title=Legislation+Text

5 SCOPE OF WORK AND REQUIRED INFORMATION

Scope of Services – Phase 1

The proposed Scope of Services is broken into 5 phases.

Phase 1 – Asset Scan

The City has identified 177 Existing City Owned Assets (Figure 1 - colored dots) generally within ½ mile of the Line A and Line B BRT (proposed) routes (blue lines) that could potentially be redeveloped. The scan will identify TIFIA-eligible low-value city properties that are near high-value private properties. This evaluation will weigh factors including (i) a value-for-money analysis, (ii) community priorities for asset concessions, (iii) measures to protect the public interest, avoid job loss or wage reduction, (iv) transportation accessibility considerations, (iv) identification and mitigation of other adverse community impacts.

The scan proposes to:

• Identify ten properties with the greatest potential for redevelopment consistent with community plans in a way that achieves community goals. Specific goals include providing housing and critical services near high frequency transit. Considerations should include achieving strategic objectives goals for housing, transportation access, workforce development and job quality, wealth creation and safety—maximizing benefits for families and communities, including poverty alleviation by providing more affordable housing and transportation options.

It is expected the consultant will interact with the private sector during this phase to understand local market conditions and trends.

• With the 10 properties, conduct closer evaluation, research, and analysis of the enhancement potential of properties to determine current use, current valuation, potential market rate valuation and best potential uses with a focus on Asset Enhancements that will increase access to nearby fixed transit—maximizing local and federal investments.

Figure 1 City Assets Proximate to BRT Lines

Phase 1 Deliverables

• Prioritization tool and methodology used for inventory.

• Completed prioritization used for determining marketability potential of 177 City owned

Assets.

• Summary narrative of 10 property assets recommended for further evaluation.

Scope of Services – Phase 2

Phase 2 – Market Value Analysis – Alignment with US DOT Goals

This phase identifies and evaluate assets for TIFIA-eligible public-private partnership asset concession opportunities to advance the City’s goals The City has identified 4 properties that will go into Phase 2, shown in Table 1 below. The consultant shall add 6 additional properties identified in the Phase 1 Asset Scan (10 total) and conduct a Market Analysis. The Market Analysis shall include the following:

• Analysis of the development potential of properties which includes current valuation, potential redeveloped market rate valuation and best potential uses with a focus on development that will increase access to and usage of nearby fixed transit.

• Preliminary programming of the 10 properties, which includes type of use, number of uses/units, market value of uses/units, and value of the underlying property asset with the redevelopment.

• Finally, this phase will confirm that the potential redevelopment project will create proportional impacts to all populations in a project area and increase community access to project benefits.

Table 1 – Identified Phase 2 Properties (to be supplemented with 5 additional properties from Phase 1)

Asset Name: Madison Streets Building Submission # 1 of 4

Asset Location 1501 W Badger Rd Madison, WI 53713

Asset Location Primary Census Tract Information

Census Tract 55025001402

Asset Description The Madison Streets Building is a roughly 38,000 sf structure rated in fair to poor condition located on 9.45 acres. The City has identified this facility as a property of interest for potential mixed-use redevelopment because of its proximity to the new BRT line. The existing government use by the Madison Department of Transportation would need to be incorporated into any redevelopment of the site or replaced at an alternate location.

Innovative Finance or Delivery Methods being Considered

We anticipate innovative finance structures that include asset concessions conditional to the sale or lease of city-owned parcels, TIFIA loans, and a blended capital stack that may include public investment, impact capital, private debt and equity investment.

Asset Name: Buckeye Lot Submission # 2 of 4

Asset Location 214 W Gorham St, Madison, WI 53703

Asset Location Primary Census Tract Information

Census Tract 55025001604

Asset Description The Buckeye Lot is a city-operated surface parking lot providing 55 parking spaces available to the public at an hourly rate. The City has identified this surface parking lot as a property of interest for potential mixed-use redevelopment because of its proximity to the new BRT line. This site could provide transit accessible housing to residents of Madison in a way that expands economic opportunities and reduces the financial burden of housing and transportation costs on families.

Innovative Finance or Delivery Methods being Considered

We anticipate innovative finance structures that include asset concessions conditional to the sale or lease of city-owned parcels, TIFIA loans, and a

Asset Name: 120 S Fairchild Property Submission # 3 of 4

Asset Location 120 S Fairchild St, Madison, WI 53703

Asset Location Primary Census Tract Information

Census Tract 55025001705

Asset Description The 120 S Fairchild Property is a city-owned property currently used as storage and parking for the Madison Police Department, parking enforcement and the Parks Division. The City has identified this surface parking lot as a property of interest for potential mixed-use redevelopment because of its proximity to the new BRT line.

Innovative Finance or Delivery Methods being Considered

We anticipate innovative finance structures that include asset concessions conditional to the sale or lease of city-owned parcels, TIFIA loans, and a

Asset Name: 1220 Sayle St Submission # 4 of 4

Asset Location 1220 Sayles St, Madison, WI 53715

Asset Location Primary Census Tract Information

Census Tract 55025001300

Asset Description 1220 Sayle St is an aging city-owned property currently housing Traffic Engineering operations and Parking operations. Preliminary plans are to relocate these divisions to another facility in and around 2030, freeing up this site for alternate uses.

Innovative Finance or Delivery Methods being Considered

We anticipate innovative finance structures that include asset concessions conditional to the sale or lease of city-owned parcels, TIFIA loans, and a

Phase 2 Deliverables Narrative report for each of the 10 property assets that discusses:

• Existing and potential valuations.

• Preliminary programing, which includes type of use, number of uses/units, market value of uses/units, and value of the underlying property asset with the redevelopment.

Scope of Services – Phase 3

Phase 3 – Programming and Blocking

This phase will take three of the properties identified in Phase 2 and further develop programing and space needs. The City, at its discretion may add an additional three properties for analysis. This phase will include a public involvement support. Specific tasks will include:

• Concept level site plans.

• Concept level blocking/massing diagrams.

• Identification of the types and number of units/uses most feasible on the site. (eg affordable housing, market rate housing, class A commercial, etc.)

• Development of materials suitable for interaction with stakeholders and the public.

• 4-page narrative describing the development proposal for each site.

• Support for City-led public and stakeholder engagement efforts.

It is expected that the consultant would continue engaging the private sector in determining feasibility and marketability of potential redevelopment projects.

Phase 3 Deliverables for each site shall include:

• Colored Site Plan

• Three-demensional blocking/massing graphic

• 4-page narrative describing potential development, including programing potential uses, number, and type.

• Public meeting materials.

Scope of Services – Phase 4

Phase 4 – Ownership and Financing

With this Phase the consultant will analyze and recommend feasible ownership structures for each of the properties identified in Phase 3. The consultant shall also to assess available financial arrangements including, but not limited to, private debt, public debt including TIFIA loans, municipal bond issuances, market rate equity investment, impact investment, land or property leasing arrangements, revenue shares, transaction shares, and other financing options.

This phase will also determine the expected use of funds received by the City as part of the Asset Concession with the acknowledgement that any funds received must go toward paying infrastructure costs of the City.

Phase 4 Deliverables

• Written report discussing ownership structures and financing arrangements, with recommendations for each property.

Scope of Services – Phase 5

Phase 5 – Pre RFP Support The consultant will assist the City in the development of Request for Proposal materials for the solicitation for one or all of the properties identified in Phase 3. The nature and scope of the assistance will be determined at the commencement of Phase 5. Assistance activities could include, but are not limited to:

• Preparation of RFP materials.

• Review of the City’s RFP process, with recommendations.

• Review of the City’s RFP structure and ability to attract developer interest.

• Comparison of City’s selection process with industry norms.

• Review of City’s negotiation processes.

Potential Phase 5 Deliverables

• RFP materials.

• Memo or report summarizing findings of review of the City’s RFP process.

Full Contract Throughout the contract duration the consultant shall assist and/or lead the preparation of reporting documents. These include yet may not be limited to SF-PPR reporting forms and the IFAC Performance Plan submittals.

Schedule

Ph Proposed Activity Expected Time Required

Milestones Private Sector & Community Engagement

0 Procure third-party experts in compliance with 2 CFR

Two months Assemble internal team, technical service experts

0 Procure engagement expert Two months Concurrent with above

1a Asset Scan Ten months Production of digital geospatial map of all fixed transit assets overlaid with City-owned or controlled assets, estimated valuation.

Prioritization report.

Report of results to city leaders, other government and community leaders with an opportunity for comment and feedback in order to refine asset mapping and valuation results.

1b Identify asset opportunities for TIFIA-eligible public-private partnership asset concession opportunities, evaluate opportunities for the development of an Existing Asset to advance the City’s goals for workforce development and job quality, reduced air and water pollution, wealth creation and increased access to economic

Four months Prioritization of assets identified in scan and identify top 10 candidates for asset enhancement, conduct value for money analysis and potential Enhanced Asset uses.

Summary narrative report of properties recommended for further evaluation.

Discussions with the private sector regarding market conditions.

Presentation to City committees

Ph Proposed Activity Expected Time Required

Milestones Private Sector & Community Engagement opportunities for families, and safety.

2 Market Value Analysis 4 months Report of existing and possible proposed valuations. Preliminary programming of

Private Sector Engagement

3a Programming and Blocking 6 months Concept level site plan and blocking for up to 10 sites. Programming narrative

3b Public input opportunity and further engagement with prospective private partners

Two months Present results of Phase 3a Update analysis based on public feedback

Meaningful stakeholder engagement that provides channels for potentially impacted communities to express concerns and meaningfully influence infrastructure decision-making.

Report on findings to City Committees

4 Conduct feasibility and financial analysis and potential financial approaches to develop an Enhanced Asset, including cost estimates, revenue projections and options for project delivery, including analysis of TIFIA investment as a project funding source

Five months Outline of financing options and cost of capital analysis for top priority Existing Assets for project development

Engage private sector partners to evaluate potential project options and financing approaches inducing both debt and equity investment.

Present to City Committees for guidance.

5 Pre – RFP Proposal Support Assist the City in developing RFP for redevelopment of city-owned assets.

Presentations to City committees.

Targeted community outreach around properties being proposed for redevelopment.

Conditions

The consultant contract shall be subject to:

• The Sample Contract for Purchase of Services attached to this RFP.

• The conditions contained in the City’s Innovative Finance and Asset Concession Grant

Program Cooperative Agreement, award ID WI-2023-040, included as Attachment A.

• . The consultant will be expected to certify compliance with the following attachments of said agreement:

o 4.1 Certification Regarding Debarment Suspension, and Other Responsibility matters.

o 4.2 Requirements Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

o 4.3 Recipient Policy to Ban Text Messaging While Driving.

o 4.4 Certification Regarding a Drug-Free Work-Place Requirements o 4.5 Trafficking in Persons o 4.6 Lobbying o 5.0 Non-Discrimination Assurances

All applicable requirements in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found in 2 CFR 200, and the DOT’s implementation of those requirements at 2 CFR part 1201, as required by Attachment A.

• Contract execution is contingent upon US DOT honoring their contract agreement with the City of Madison.

• Note that the selected consultant will be prohibited from submitting on future development proposals for RFPs the consultant prepares or assists with as part of the scope of this Contract.

Basis of Payment and Billing

The basis of payment will be based on specific hourly rates per service category (fully loaded) plus expenses. Indirect labor and any fixed fees must be included in the specific hourly rates, which will be in effect for the duration of the contract.

The consultant shall invoice monthly detailing hours, billing rates, and expenses, along with a brief description of the nature of the services completed.

Required Information and Content of Proposals

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 the specific page limit listed next to each question. Resumes will not count towards the page limit. The percentage of the total score that each question is worth is listed next to each question.

1. Experience in property valuation and scans. (up to 2 pages) – 20%

2. Experience in site programing and layout. (up to 2 pages) – 20%

3. Experience with municipal and PPP funding mechanisms. (up to 2 pages) – 20%

4. Experience in real estate PPP and alternate delivery programs. (up to 2 pages) – 20%

5. Specific hourly rates for the following staff functions in Excel form A2. – 20%

Estimated proportion of work effort

a. Administrative 10%

b. Real estate professional 20%

c. Site layout and programming professional 20%

d. Finance professional 20%

e. Support technician 30%

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 April 9, 2025 at 2:00 PM Central Time.

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

• Include RFP 13097-0-2025-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 (608) 267-4969

You must include RFP 13097-0-2025-BP on your proposal and all other communication to the City. For email, include RFP 13097-0-2025-BP in the subject line.

For example, an email subject line could read: RFP 13097-0-2025-BP Madison Bus Rapid Transit TIFIA Putting Assets to Work Asset Scan Questions.

Required Documents to Submit:

Answers to questions in Section 5.9

Required Forms to Submit:

Form A2: Pricing Excel Workbook

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 # _______

Addendum # _______ 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 March 24, 2025 at 2:00 PM Central Time.

Email questions to Brian Pittelli at bpittelli@cityofmadison.com. Remember to include RFP 13097-0- 2025-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 March 25, 2025 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

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.

Rev. 08/12/2024-USDOT grant real estate appraisal sample posContract final.docx

City of Madison

CONTRACT FOR PURCHASE OF SERVICES

(USDOT Grant)

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 exhibit(s) or attachment(s):

Exhibit 1: Label, number, and attach as many exhibits or attachments as needed. The Grant agreement will be Exh. 3 Exhibit 2:

Exhibit 3: USDOT Innovative Finance and Asset Concession Grant Program Cooperative Agreement

Notice of Federal Funding: This Contract is funded with federal assistance from the United States Department of Transportation (USDOT) and subject to the terms and conditions of the City of Madison's Agreement with USDOT for the Innovative Finance and Asset Concession Grant Program Cooperative Agreement, FAIN WI-2023-040, signed by the City on November 15, 2024, attached hereto as Exhibit 3.

Compliance with Federal Requirements: The Contractor agrees to comply with all applicable provisions of the USDOT grant agreement (Exhibit 3), relevant provisions of 2 CFR §200 including those found in Appendix II to Part 200, and any other applicable federal statutes, regulations, and executive orders, as applicable.

Order of Precedence: In the event of a conflict between the terms of this Contract for Purchase of Services and the terms of any contract attachments or exhibits except Exhibit 3, this Contract for Purchase of Services shall control and supersede any such conflicting term. In the event of a conflict between Exhibit 3 and this Contract for Purchase of Services or any other exhibit or attachment, Exhibit 3 shall control.

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 from to .

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.

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.

A. 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.

B. See Exhibit 3 for any additional requirements of the federal granting agency relating to nondiscrimination.

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.

(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 will complete 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 ordinance or within thirty (30) days after the effective date of this Contract, it will complete a model affirmative action plan approved by the Madison Common Council.

C. Contractor believes it is exempt from filing an affirmative action plan because it has fewer than fifteen (15) employees and has filed, or will file within thirty (30) days after the effective date of this Contract, a form required by the City to confirm exempt status based on number of employees. If the City determines that Contractor is not exempt, the Articles of Agreement will apply.

D. Contractor believes it is exempt from filing an affirmative action plan because its annual aggregate business with the City for the calendar year in which the contract is in effect is less than fifty thousand dollars ($50,000), or for another reason listed in MGO 39.02(9)(a)2.