14000-0-2025-BP Olbrich Gardens Master Plan.pdf

CITY OF MADISON

REQUEST FOR QUALIFICATIONS

RFQU #: 14000-0-2025-BP

Title: Olbrich Botanical Gardens Comprehensive Master Plan

City Agency: Parks

Due Date: March 21, 2025 2:00 PM Central Time

Our Madison – Inclusive, Innovative, & Thriving

REQUEST FOR QUALIFICATIONS RFP 14000-0-2025-BP

14000 RFQu.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 Parks is seeking Qualifications from qualified vendors for Olbrich Botanical Gardens Comprehensive Master Plan.

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

2 IMPORTANT INFORMATION

DEADLINE FOR QUALIFICATIONS: March 21, 2025 at 2:00 PM Central Time.

The City will not accept late Qualifications. 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.

RFQu NAME: Olbrich Botanical Gardens Master Plan

DEADLINE FOR

QUESTIONS:

The deadline for questions is March 10, 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 12, 2025. You must check the bid distribution websites for any addendums.

DUE DATE FOR

QUALIFICATIONS:

March 21, 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://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

14000 RFQu.docx Page ii

Table of Contents

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

3 HOW TO FIND RFQU 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

Introduction Project Background Project Objectives Guiding Overview Required Information and Content of Qualifications [95%] Local Preference [5%] Basis for Selection In-Person Presentation

6 HOW TO SUBMIT YOUR QUALIFICATION

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

You are Responsible for all of your Costs in Making a Qualification 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: Signature Affidavit Form B: References Form C: Vendor Profile

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

Official Bid Distribution Websites – IMPORTANT

The City of Madison posts all requests for Qualifications (RFQUs), 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 RFQU and updates to the RFQU.

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 RFQU. 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 RFQUs.

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 RFQU 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

Introduction

Olbrich Botanical Gardens (OBG) is seeking a planning team to develop a new comprehensive master plan (comprehensive plan). The goal of the comprehensive plan is to address aging infrastructure and potential garden expansion while at the same time addressing the needs of a growing local community and tourism audience.

Project Background

The City of Madison Parks Division and nonprofit Olbrich Botanical Society (OBS) work together to support and operate Olbrich Botanical Gardens. This longstanding public private partnership has played a key role in allowing the Gardens to grow and flourish over the years.

The City of Madison Parks Division operates over 280 parks totaling nearly 6,000 acres. In addition to OBG, the Parks Division operates Warner Park Community and Recreation Center, Goodman Pool, four public golf courses, and numerous community and neighborhood parks. OBG is located in the larger Olbrich Park which is home to softball diamonds, two boat launches, basketball courts, a beer garden, soccer fields, a beach, three playgrounds, winter ice rinks, and conservation areas.

OBS is a registered 501(c)(3) nonprofit, governed by a volunteer Board of Directors, that supports the Gardens through fundraising, programming, education, and a membership program over 9,000 households strong. The Olbrich Botanical Society Foundation, operated by a separate board of directors, manages the endowment fund for OBS.

OBS raises over $4 million each year to keep the Gardens free and accessible to over 370,000 annual visitors. The OBS budget has increased 150% in the last 10 years. The City of Madison contributes an additional $2 million to the annual operating budget that supports the gardens, administration, and facilities. In addition, the City of Madison maintains the facilities through the capital improvement budget.

In 2022, OBG completed a new strategic plan. This plan updated the mission, vision, and guiding principles of the gardens as outlined below.

Mission Statement: Enrich lives & inspire people to live in harmony with the natural world.

Vision Statement: Olbrich Botanical Gardens will be a locally treasured and globally renowned source of beauty and knowledge celebrating the importance of plants to foster a sustainable world.

Guiding Principles:

• Accessibility - being easily accessible and welcoming to all

• Responsible Stewardship - being responsible stewards of finances and resources

• Climate & Environment Advocacy - environmental sustainability, including our commitment to slow climate change, are critical drivers for our success

• Partnerships - our partnerships are vital to Olbrich Botanical Gardens, including our associations with the Madison Parks Division, Olbrich Botanical Society, and numerous community organizations

• Life-long Learning - we believe in touching people's lives at every stage with the importance of plants and nature https://www.cityofmadison.com/parks/ https://www.olbrich.org/botanical-society https://www.cityofmadison.com/parks/find-a-park/park.cfm?id=1315

The strategic plan also identified the need for a comprehensive plan and an interpretive plan. OBG has a goal to complete both plans in 2025. This request covers the comprehensive plan only. A separate request for proposals for an interpretive plan is set to be announced in spring 2025. The comprehensive plan and interpretive plan will overlap with expectations from both firms to communicate and collaborate when and as needed.

Project Objectives

The goal of the comprehensive plan is to outline the path for strategically maintaining our current facilities while at the same time exploring potential for new gardens and facilities. The city of Madison and Dane County are the fastest growing communities in the state of Wisconsin (City of Madison Population Projections). The comprehensive plan should address how OBG can best serve growing audiences. In addition, OBG strives to be a leader in its field and community when it comes to climate change resiliency and sustainability. OBG seeks a comprehensive planning team that can address these issues by preparing OBG for the future. OBG is seeking a planning team that has the experience and expertise to address and achieve the following items through the planning process.

1. Align the comprehensive plan with the OBG Mission and Vision statements along with the City of Madison’s Comprehensive Plan (Imagine Madison) and Parks and Open Space Plan.

2. Review the recently completed mechanical, structural, and electrical site assessment and use it to address current infrastructure issues while strategically planning repairs, improvements, and possible additional facilities.

3. Effectively engage staff, volunteers, Madison Parks, and OBS Board of Directors in the comprehensive plan process.

4. Provide authentic opportunities for community engagement including neighboring communities, stakeholder groups, and nearby businesses. Employ methods to engage audiences not currently represented at or active with OBG.

5. Address how OBG can grow strategically to best serve a growing community and tourism audience while being mindful of the surrounding community.

6. Explore potential for garden expansion with emphasis on a family-focused garden.

7. Create garden spaces and facilities that can serve multiple purposes such as art, exhibitions, learning, and events.

8. Address the current and future capacity limitations and challenges of OBG and the surrounding Olbrich Park and Garver Feed Mill.

9. Define how OBG can be a leader in the community for climate resiliency and sustainability through its facilities and gardens. (Imagine Madison: Green and Resilient Goal)

10. Provide a phased development plan to outline the implementation of the comprehensive plan.

11. Collaborate with OBS’s designated local nonprofit consultant who is tasked with supporting the creation of OBS's strategic direction, operations, and financial planning by providing insight into the local market and local philanthropic community. Additionally, our nonprofit consultant will conduct a fundraising feasibility study to ensure that OBS's plan is financially attainable.

Guiding Overview

For this project, interested firms should address the following questions and topics (see below) in their proposals. The Committee will review the responses to the questions as well as the team’s qualifications, references, and completed prior projects. All information provided will be scored using a rubric. During the interview process, the evaluation panel will score each panel based on the scores received during the written response and interviews.

These questions below should not be answered directly but taken into consideration when answering questions in Section 5.5 below.

https://www.cityofmadison.com/dpced/planning/documents/2023_Population_Projection.pdf https://www.cityofmadison.com/dpced/planning/documents/2023_Population_Projection.pdf https://plans.cityofmadison.com/interactive-comprehensive-plan https://www.cityofmadison.com/parks/projects/2025-2030-park-and-open-space-plan

1. Detail your experience in the preparation of comprehensive/master plans for new or existing botanic gardens with attention to any family-focused gardens. Describe your approach to the master planning process and highlight your impression of key challenges that you have come across in these efforts. Provide a minimum of two comprehensive/master plans that you prepared and describe the role that your firm took in addressing the challenges of these assignments.

2. Describe the information that you think is necessary for a comprehensive plan. What steps will you take to procure this information? Will outside contractors and specialists be utilized in this project? If so, who and why?

3. Madison is known to be a very engaged community. What strategies do you plan to use for a successful community engagement process? What methods will you use to make sure the engagement process is inclusive and equitable for all making sure all voices have an opportunity to be heard? How will you ensure that practices identified in the City of Madison’s Racial Equity & Social Justice Initiative Public Participation Resource Guide are followed?

4. Define your firm’s organizational structure with respect to your approach to this comprehensive planning process. Identify the project leader and why this person would be the best to lead this project for OBG.

5. Detail how your firm and team can meet the goals of this comprehensive plan to be a leader in climate change resiliency and sustainability.

6. Describe the package of deliverables you propose for OBG’s comprehensive plan.

7. The goal of OBG is to complete the comprehensive plan by December 2025. Propose a timeline for completion of the full comprehensive plan.

8. The budget for this comprehensive plan is $250,000 (funded by OBS through the City of Madison process). What services and products would you provide for a budget of this size?

9. Include a letter of interest with three references of botanic gardens or arboreta for which you on preparation of a comprehensive/master plan and describe what makes them stand out as your references.

Required Information and Content of Qualifications [95%]

Responses must be in the same sequence and identified with the corresponding question number (Example: Statement 1, Statement 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 as [x%] in each question.

1. Letter of Interest (1 page)

2. Team Organizational Structure and Team Lead (4 pages) [20%] This section should include team structure and project lead. Include a summary of each role and identify any subconsultants. Describe the specialties and strengths of the individual team members. Briefly describe the firm along with its commitment to equity and inclusion. Please include resumes. Resumes will not be counted towards the page limit.

https://www.cityofmadison.com/civil-rights/documents/RESJI_PublicParticipationResourceGuide.pdf

3. Prior Work & Experience with Botanic Gardens (4 pages) [30%]

Summarize experience working with botanic gardens or arboreta with emphasis on comprehensive/master plans. Detail prior experience on child-focused gardens and ecologically mindful landscapes and garden spaces.

4. Engagement Strategy (2 pages) [20%] Identify the engagement strategy you would use to collect input from the community with a focus on inclusion and equity.

5. Environmental Commitment (2 pages) [20%] Identify your experience working on projects that demonstrate a commitment to environmental resiliency. Include any certifications received.

6. Project References (6 pages) [5%] For each reference included in Appendix B, describe what makes them stand out. References should be of botanic gardens or arboreta for which you worked on the preparation of a comprehensive/master plan.

Local Preference [5%]

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/. Please note that the prime/lead contractor must be local to be considered local. If a subcontractor is local, and the prime/lead contractor is not, the points will not be awarded.

Basis for Selection

OBS and the City will collaborate through this process. OBG is a City property and this selection process will follow City protocols. OBS is the sole funder of the comprehensive plan and will transfer funds to the City for this project. The City will work in collaboration with OBS in making the final selection. A Comprehensive Plan Committee was formed to lead this project.

The Comprehensive Plan Committee is composed of OBG staff, OBS Board of Directors, Madison Parks Board of Park Commissioner, and Madison Parks staff.. The Comprehensive Plan Committee has the responsibility of reviewing proposals and making a recommendation to the OBS Board and Board of Park Commissioners

Please note, this is a Request for Qualifications. No pricing will be scored as part of the evaluation.

In-Person Presentation

After the first round of evaluations, the panel will select a short-list of up to two to four vendors to present in-person to the evaluation panel. The tentative timeframe will be approximately during the weeks of May 5 or May 12. These dates are subject to change.

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 QUALIFICATION

Qualification Checklist

Submit your Qualification by the Deadline

Submit your Qualification by email to City of Madison Purchasing Services by March 12, 2025 at 2:00 PM Central Time.

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

• Include RFQU 14000-0-2025-BP in the email subject line.

• Email Qualifications to: bids@cityofmadison.com

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

• If you cannot send your Qualification by email, please contact the Buyer at (608) 267-4969

You must include RFQU 14000-0-2025-BP on your Qualification and all other communication to the City.

For email, include RFQU 14000-0-2025-BP in the subject line.

For example, an email subject line could read: RFQU 14000-0-2025-BP Olbrich Botanical Gardens Comprehensive Master Plan Questions

Format

Required Documents to Submit:

Answers to Statements in Section 5.5

Required Forms to Submit:

Form A: Signature Affidavit

RFQU 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

• Electronic – Qualifications 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 Qualification must include all required sections and forms. See checklist.

Questions

You can ask questions about the RFQU until the deadline for questions of March 10, 2025 at 2:00 PM Central Time.

Email questions to Brian Pittelli at bpittelli@cityofmadison.com. Remember to include RFQU 14000-0- 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 RFQU)

RFQU addendums make clarifications, answer bidder questions, make changes to RFQU 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 Qualification 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 Qualifications

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

Changing or Withdrawing your Qualification

You may make changes to your Qualification before the due date of March 21, 2025 at 2:00 PM Central Time.

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

Correcting Errors in your Qualification after the Due Date

The City will notify you if we believe you made an error in your Qualification 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 RFQU are not permitted. The City of Madison reserves the right to reject bids that take exceptions or don’t follow the requirements of this RFQU. 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 RFQU or the sample contract will also be considered an “exception.” (If this RFQU 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 Qualification

You participate in this RFQU 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 RFQU is changed or cancelled.

Public Records and Trade Secrets

Your response to this RFQU is a public record. Wisconsin and other public records laws may require the City to share your Qualification 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 Qualification 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 Qualification, but the City cannot guarantee that information will be treated as a trade secret or confidential.

Things that are not considered confidential: your Qualification or bid in its entirety, price Qualification, 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 Qualifications under this RFQU from public view until competitive or bargaining reasons no longer require it, in the City’s opinion. At that time, all Qualifications 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 RFQU does not commit the City to award a contract. The City can cancel this RFQU at any time.

There is no guarantee that the City will award any contract as a result of this RFQU. While the City considers this procurement important to City operations, the circumstances could change.

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

The City reserves the right to make changes to this RFQU. 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 Qualification. We can reject all or part of a Qualification without explaining the reason. Qualifications 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 Qualifications, best and final price Qualifications, or other changes to their bids.

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

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 RFQU is designed to help the City select responsive and responsible bidders.

“Responsive” means that your Qualification responds to all parts of this RFQU – it is complete, not missing any information, and addresses all of the required work. Failure to provide all of the information requested in this RFQU 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 RFQU. This contract* will be used for the work resulting from this RFQU.

By submitting a Qualification, 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 Qualification 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 RFQU.

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

Rev. 08/12/2024-posArchitect (1).docx

City of Madison

CONTRACT FOR PURCHASE OF SERVICES

(Architect)

1. PARTIES.

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

The Architect is a: Corporation Limited Liability Company General Partnership LLP (to be completed by Architect) 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.

Architect 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.

Architect 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 Architect and employees of Architect.

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 Architect. This 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 Architect shall complete the services under this Agreement within the time for completion specified in the Scope of Services, including any amendments. The Architect’s services are completed when the City notifies the Architect 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 Architect, 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 Architect. If at any time the Architect 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 Architect 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 Architect 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 Architect and submitted to the City with each invoice under Section 24 of this Agreement, and at such other times as the City may specify.

E. The Architect shall notify the City in writing when the Architect 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 Architect, 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 Architect 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 Architect 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 Architect 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 Architect 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. Architect 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.

(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…