4-21141 Invitation to Bid.pdf

City of Milwaukee Department of Administration – Purchasing Division

INVITATION TO BID #21141 REBID #2

FOR

VENDOR CONTRACT FOR TOPSOIL DELIVERY

Vendor Company Name: Purchasing Agent: Michael Siler

Phone: 414-286-2392

Address: E-Mail: micsil@milwaukee.gov

Bid Closing Date: Thursday, April 14, 2026

Bid Closing Time: 4:30 PM CT

Ship to Address: Bill to Address:

Various City of Milwaukee Locations

Various City of Milwaukee Locations

IMPORTANT: Bids must be submitted in accordance with the “Bid Submittal” section of this solicitation. Please submit your bids using Bonfire portal: https://cityofmilwaukee.bonfirehub.com/opportunities/226029. Bids submitted via email directly to the Purchasing Agent will be rejected.

Documents incorporated into this Invitation to Bid:

1. City of Milwaukee Specification No. 49-C-1 revised September 3, 2025 which can be found on the City of

Milwaukee, Department of Administration – Purchasing Division’s “Current Bid Opportunities” webpage, https://city.milwaukee.gov > Directory > Purchasing Division >Contract Opportunities > Current Bid Opportunities.

2. The “City of Milwaukee Purchasing Contract Including Terms and Conditions” revised October 24, 2022, which can be found on the City of Milwaukee, Department of Administration – Purchasing Division’s “Policies & Procedures” webpage, city.milwaukee.gov/Purchasing > Policies & Procedures.

Bid Information

Vendor Contract for Topsoil Delivery for a three (3) year period from date of award with two (2) options to extend annually upon mutual agreement. To be in accordance with City of Milwaukee Specification No. 49-C-1 revised March 4, 2026.

The vendor shall enter the following information for bid evaluation purposes on the lines provided below:

Item # Description of Item or Service Estimated Annual Quantity

1 TOPSOIL DELIVERED TO MILWAUKEE NORTH IN ACCORDANCE

WITH CITY OF MILWAUKEE SPECIFICATION NO. 49-C-1 REVISED

MARCH 4, 2026.

Unit Price Bid: $ per cubic yard

2 TOPSOIL DELIVERED TO MILWAUKEE SOUTH IN ACCORDANCE

WITH CITY OF MILWAUKEE SPECIFICATION NO. 49-C-1 REVISED

PLEASE COMPLETE

https://cityofmilwaukee.bonfirehub.com/opportunities/226029 https://city.milwaukee.gov/Purchasing

Bid #21141 Rebid #2 Vendor Service Contract for Topsoil Delivery

3 TOPSOIL DELIVERED TO MILWAUKEE CENTRAL IN ACCORDANCE

WITH CITY OF MILWAUKEE SPECIFICATION NO. 49-C-1 REVISED

The volume listed is an estimate and is no guarantee as to the amount that will be purchased during the term of the contract.

Bid Submittal

All bids should be submitted electronically to the City’s Bonfire Portal found under the respective bid # identified on the Purchasing Division website under Current Bid Opportunities:

https://cityofmilwaukee.bonfirehub.com/opportunities/226029. Click on the bid # to be directed to the Bonfire Portal.

1. When and Where to Submit Your Bid. All bids must be received by the Department of Administration, Purchasing Division no later than the closing date and time listed on the first (1st) page of this Invitation to Bid. All bids received after the specified closing date and time will be rejected.

If you email your bid: Bids must be emailed to procurement.services@milwaukee.gov. Bids emailed to the purchasing agent will be rejected. Bidders who choose to use email to transmit bids do so at their own risk. The City cannot and does not guarantee that emailed bids are received. Emailed bids must be received in their entirety before the bid closing time. Emailed bids must include a binding signature page that is complete and fully signed (electronic signatures are acceptable). If requested by the City, an original signed copy of the electronically submitted bid must be received by the Purchasing Division within four (4) business days. Failure to respond in four (4) business days may result in bid rejection.

2. What to Include in Your Bid. Failure to submit the bid in the manner described herein can result in bid rejection.

A. This completed Invitation to Bid document.

B. Any descriptive literature required by the Invitation to Bid.

C. An additional detailed breakdown of what the bidder is proposing to provide. This detailed breakdown shall provide sufficient information so that confirmation of specification compliance can be easily determined.

D. Bid Deposit or Bid Bond, if required: None

E. Performance Bond, if required: None

F. Signed bid addenda, if any.

G. Slavery Disclosure Affidavit, if applicable, found at: city.milwaukee.gov/Purchasing> Forms &

Affidavits.

mailto:procurement.services@milwaukee.gov

H. Form W-9. The City of Milwaukee uses the information from the contractor’s Form W-9 for set-up and continued maintenance of tax information. The Form W-9 is a required form to ensure payment can be made and any appropriate reporting performed in the event of a bid award. Blank copies of the W-9 form are available from the Internal Revenue Service (http://www.irs.gov).

I. Affidavits supporting any requested bid preferences, found at: city.milwaukee.gov/Purchasing> Forms & Affidavits.

J. Ethical Purchasing Affidavit of Compliance, if applicable, found at:

city.milwaukee.gov/Purchasing> Forms & Affidavits.

K. Affidavit of Compliance for Apparel-Related Procurement, if applicable, found at:

city.milwaukee.gov/Purchasing> Forms & Affidavits

L. If the Contract resulting from this Invitation to Bid will be paid for with federal funding, you must submit the Certification Regarding Debarment, Suspension and Other Responsibility Matters, and the Byrd Anti-Lobbying Certification located at the end of the “City of Milwaukee Purchasing Contract Including Terms and Conditions” revised October 24, 2022.

Bid Addenda

1. Any changes made as a result of a written request will be issued via a bid addendum, and, if necessary, an extension will be made to the bid closing date. Any addenda will be posted on the Bonfire Portal.

Bidders are responsible for checking Bonfire for any future addenda, etc., prior to the bid closing date. All addenda must be signed and returned by the bid closing date and time. Bidders who do not return the addenda may have their bid rejected. Electronic signatures are acceptable. If you are unable to access the internet, contact the Purchasing Division at 414-286-3501 to obtain a hard copy.

Award Statement

Award will be made by line item or in total to the lowest responsive and responsible bidder complying with the bid specifications and delivery requirements, whichever is in the best interests of the City.

The low bidder shall be determined by multiplying the quoted unit price by the quantity to obtain the grand total.

1. Bid Preferences. All requests for bid preferences must be supported by the appropriate affidavit found at city.milwaukee.gov/Purchasing > Forms & Affidavits.

Note: Local preferences will not be used in the evaluation of solicitations that may be funded with federal funds.

A. Local Business Enterprise (LBE). If an LBE is a responsive and responsible bidder, the LBE shall be awarded the contract provided its bid does not exceed the lowest bid by more than 5% and the difference does not exceed $25,000. If the LBE is certified as a Small Business Enterprise (SBE) with the City of Milwaukee’s Office of Equity and Inclusion (OEI), the LBE shall be awarded the contract provided its bid does not exceed the lowest bid by more than 10% and the difference does not exceed $30,000. See City of Milwaukee Ordinance 365-7. Additional information regarding the LBE incentive and revised criteria can be found on the Purchasing Division’s website at: city.milwaukee.gov/Purchasing > Programs > Local Business Enterprise (LBE) Program. It is your responsibility as a bidder to familiarize yourself with this ordinance and the supporting affidavit prior to submitting your bid.

http://www.irs.gov/ https://city.milwaukee.gov/Purchasing

B. Milwaukee-Made, Milwaukee County-Made, and American-Made Goods. Contracts shall be awarded to the lowest responsible bidder who qualifies for the City of Milwaukee-Made, Milwaukee County-Made or American-Made program in conformance with City of Milwaukee Ordinance 310-18.9 if the bidder submits an affidavit with their bid indicating they meet the requirements of the Ordinance, and the bid does not exceed the lowest bid by more than 12% or $28,171.

If a Milwaukee-made good is not available, the City shall then purchase a Milwaukee County-made good, provided the purchase does not increase the cost by more than 12% or $28,171. If a Milwaukee-made or Milwaukee County-made good is not available, the City shall then purchase an American-made good, provided the purchase does not increase the cost by more than 12% or $28,171.

If the multiple groups are being bid, all items in each group must be City of Milwaukee-made or Milwaukee County-made or American-made to qualify. It is your responsibility as a bidder to familiarize yourself with this ordinance and the supporting affidavit prior to submitting your bid.

C. Socially Responsible Contractor (SRC). If a bidder is seeking to qualify for the SRC bid incentive and is a responsive and responsible bidder, the “SRC bidder” shall be awarded the contract provided its bid does not exceed the lowest bid by more than 5% and the difference does not exceed $25,000. See City of Milwaukee Ordinance 310-10. Each proposer seeking to qualify as a socially-responsible contractor shall submit, as part of its proposal, a sworn affidavit describing actions taken and programs implemented to eliminate, or substantially reduce, the barriers to employment for current and prospective employees of the contractor, and the outcomes of these actions and programs. It is your responsibility as a bidder to familiarize yourself with this ordinance and the supporting affidavit prior to submitting your bid.

D. Any bidder proposing to supply goods and/or services under Ordinance 310-10, and who demonstrates entitlement to the preference provided by that ordinance, shall not also receive the benefit of the bid award provided under the Local Business Enterprise (LBE) program in Section 365-7-1. A bidder may apply for both preferences, but will first be considered for entitlement to the preference provided under Ordinance 365-7-1. Should a bidder seek to qualify for all three (3) bid preferences (LBE, Buy American and SRC) and in a situation where multiple bidders are seeking to qualify for various different bid preferences, precedence shall be given to the bidder seeking to qualify for a bid incentive in the following descending order:

1. LBE bid incentive

2. Buy American bid incentive

3. SRC bid incentive

2. Tie Bids. The Purchasing Division may determine the award of a tie bid using a method of chance. Tie bids are defined as all things being equal, such as price, quality, services, etc.

Delivery Requirements

Delivery is required as follows. These delivery requirements are in addition to, not in place of, delivery requirements in the “City of Milwaukee Purchasing Contract Including Terms and Conditions” revised October 24, 2022 and City of Milwaukee Specification No. 49-C-1, Revised September 3, 2025:

• No later than forty-eight (48) hours after receipt of order.

• All goods must be delivered FOB destination.

Delivery Locations:

- North:

o DPW Field Headquarters (Delivery 6:00 AM – 2:00 PM)

3850 North 35th Street Milwaukee, WI 53216 o DPW Forestry-North (Delivery 8:00 AM – 2:00 PM)

6732 North Industrial Road Milwaukee, WI 53223

- South:

o DPW Forestry-Nursery (Delivery 8:00 AM – 2:00 PM) 8423 South 51st Street Franklin, WI 53132

DPW-Operations-Forestry-South (Delivery 8:00 AM – 2:00 PM) 2024 West Holt Avenue Milwaukee, WI 53215

- Central:

o DPW-Operations-Forestry-Central (Delivery 8:00 AM – 2:00 PM) 5320 West State Street Milwaukee, WI 53208

Will you comply with these requirements? ☐ Yes ☐ No

If you cannot meet the above delivery requirement, your bid will be considered non-responsive.

Questions

Any questions, clarifications, requests for exceptions to the City’s standard terms and conditions, etc., must be submitted, in writing, via the Bonfire Portal at least five (5) business days prior to the bid closing date.

Requests received after that time will not be considered.

No Contact with Other City Staff

Bidders are specifically directed not to contact any City of Milwaukee staff other than the Purchasing Agent for meetings, conferences, or technical discussions related to this bid. Unauthorized contact with any City Department employee is a cause for rejection of the bid. Any additional information or clarifications provided to one (1) bidder will be provided to all bidders in the form of an addendum posted to the Bonfire portal.

Bidder’s Contact Person(s)

Contact person for order placement:

Name: Phone:

E-Mail: Fax:

Contact person for signature of contract:

Name: Phone:

E-Mail: Fax:

Insurance Requirements

The specific requirements for this contract can be found on the City of Milwaukee Insurance Requirements document on the Bonfire Portal for this Bid.

SBE Requirements

Has your business been certified as a Small Business Enterprise (SBE) by the City of Milwaukee's Office of Equity and Inclusion (OEI)?

☐ Yes ☐ No

This Invitation to Bid requires participation of a Small Business Enterprise (SBE) in the amount of _25_% in accordance with City of Milwaukee Ordinance Chapter 370 Section 5.

The City of Milwaukee’s Office of Equity and Inclusion’s provisions for SBE participation are incorporated as part of the bid package and must be read very carefully. The City’s SBE provisions can be found at www.city.milwaukee.gov > Directory > Purchasing Division > Programs > Small Business Enterprise Program. The OEI contract compliance plan (Form A) must be returned with your bid.

SBE participation is an element of bid responsiveness. Failure to meet the specified requirements will render the bid unresponsive, and the Purchasing Division may then recommend award to the next apparent low-complying bidder.

For further information regarding SBE participation, contact the Office of Equity and Inclusion at 414-286-5553.

Note: If there is an SBE participation included in a City Contract and questions arise regarding the status of payment to a City of Milwaukee SBE-certified firm, please email the Office of Equity & Inclusion (OEI) at oei@milwaukee.gov and the Purchasing Division at Procurement.Services@milwaukee.gov. Please ensure that the contract number is included in the subject line of the email communication.

Living Wage Requirements

Potential bidders should note that the City's living wage provision applies to this purchase. In accordance with Section 310-13 of the City of Milwaukee Code of Ordinances, living wage rates of pay are posted to the City of Milwaukee’s website on March 1 of each calendar year. The rates of pay can be found at city.milwaukee.gov/Purchasing > Forms & Affidavits > Living Wage Rates, History and Updates.

Effective Date Base Wage Required

($ per hour)

October 11, 2025 $15.00

As part of this contract, bidders will be required to:

• Pay all workers employed in the performance of this contract, whether on a full-time or part-time basis, a base wage of not less than the living wage rate as determined yearly by the City of Milwaukee City Clerk.

• No rebate or refund of any part of the wages will be paid by the employee to the employer.

• New rates that go into effect will be adhered to promptly.

• Provide the Purchasing Division with a sworn affidavit or report every three (3) months during the contract term and within ten (10) days following the completion of the contract

• Procure and submit a like sworn affidavit or report from every subcontractor employed.

Bidders must complete and submit with their bid the "Affidavit of Compliance –Living Wage Provision" form. Please note that this information is material to the bid and failure to submit this information with your bid may result in your bid being rejected.

mailto:oei@milwaukee.gov mailto:Procurement.Services@milwaukee.gov

Ethical Purchasing Requirement

1. City of Milwaukee Code of Ordinances 310-17 provides that all commodities and services purchased by the City of Milwaukee are purchased from contractors who are “responsible contractors,” as that term is defined in Milwaukee City Ordinance 310-17.

2. These guidelines apply regardless of whether the commodity is manufactured within or outside of the

United States of America.

3. The City Clerk calculates the hourly non-poverty wage amount annually each March 1st. The non-poverty wage table is posted on the Purchasing Division’s webpage at city.milwaukee.gov/Purchasing > Forms & Affidavits > Ethical Purchasing Wage Table.

4. It is your responsibility as a bidder to familiarize yourself with this ordinance prior to submitting your bid, and to submit the supporting Ethical Purchasing Affidavit of Compliance as part of your bid. Bidders are also urged to make all subcontractors aware of this ordinance and encourage any and all subcontractors to comply with it as well. If you are supplying the City with apparel, as that term is defined in Milwaukee City Ordinance 310-17, your subcontractors are required to comply.

Will you comply with these requirements? ☐ Yes ☐ No

Failure to comply with this requirement will result in bid rejection.

Appeal Process

1. Bidders should submit a written request to the purchasing agent for interpretation or correction of any ambiguity or inconsistency discovered in the bid, specifications or attachments. Any requests for changes, clarifications, etc., to the bid-related specifications or attachments must be submitted to the Purchasing Agent in writing at least five (5) business days prior to the bid closing date. Requests received after that time will not be considered.

2. Bidders may not change any of the terms or conditions in the bid and/or specifications without the written approval of the Purchasing Division. Any unauthorized changes will constitute a counteroffer and will subject the bid to rejection.

Payment Terms

This is a Citywide contract. Any City department placing an order off of this contract must be invoiced directly. The vendor must obtain the individual's name, bill-to location, and telephone number at the time of order placement. This information, along with the vendor contract number, must be clearly specified on the invoice for timely payment.

Cooperative Purchasing

1. Would you be willing to extend the pricing from any contract that may result from this bid to other V.A.L.U.E. (Volume Acquisition and Large Uniform Expenditures) members of local government entities in the Southeastern Wisconsin area, including but not limited to, the Milwaukee Metropolitan Sewerage District (MMSD) and/or Milwaukee Public Schools (MPS)?

☐ Yes ☐ No

2. Please be advised that the award of this bid by the City of Milwaukee is not contingent upon your agreement to the above request. If, however, you agree to extend to any other agencies, each agency will be responsible for issuing and administering its own contract and resulting purchase order.

Tips for Bidders

Below is a list of common items that may result in the City of Milwaukee deeming your bid to be non-responsive / non-compliant:

• Not fully completing and/or signing the binding signature page.

• Not providing the required addenda with your bid.

• Not completing or submitting the required attachments (SBE requirements, Affidavits of Compliance, Living Wage Affidavit, etc.) and returning them with the bid.

• Bid response not received prior to the bid closing date/time.

• Not submitting a quote for all line items or an entire group in the bid. Read the award statement carefully.

• Taking exception to the bid requirements or specification(s) without approval from the Purchasing Division.

• Not submitting the specification with your bid when the City requires bidders to indicate whether they comply with specific items in the specification.

• Providing a price list that is different than the pricing information requested.

• Not providing a warranty statement when required, or providing one that conflicts with the City’s specifications.

• Not providing descriptive literature when required.

• Submitting pricing information for a brand or part number different than requested when there is “no substitute” indicated.

• Not providing pricing in the correct units of measurement indicated on the bid.

• Not having a service facility within the physical distance indicated in the bid.

Binding Signatures for Bid and Formal Contract

1. Upon award and acceptance of this bid by the City of Milwaukee, the undersigned bidder, by its authorized persons signing below, agrees that all provisions set forth herein will become binding as a formal contract upon the fulfillment of all conditions set forth herein.

2. This agreement constitutes the entire agreement between the parties relating to the subject matter of this agreement. All prior understandings, agreements, correspondence and discussions of the parties are merged into and made a part of this agreement.

3. This binding signature page must be completed in its entirety, and it must be fully signed, or your bid may be rejected. Electronic signatures are acceptable. Your signature will signify your agreement to all pricing, terms and conditions stated herein. Bidders are required to complete and return all bid pages with their bid submittal.

4. Your signature on this document stands in the place of your signature on the “City of Milwaukee

Purchasing Contract Including Terms and Conditions” revised October 24, 2022, and is just as binding as if you had signed that document. Your signature on this document legally binds you to the terms and conditions set forth in the “City of Milwaukee Purchasing Contract Including Terms and Conditions” revised October 24, 2022, which can be found on the City of Milwaukee, Department of Administration – Purchasing Division’s “Policies & Procedures” webpage, city.milwaukee.gov/Purchasing> Policies & Procedures.

5. Bidders are cautioned not to change any of the terms or conditions in the bid and/or specifications without the written approval of the Purchasing Division. Any unauthorized changes will constitute a counteroffer and will subject the bid to rejection.

CONTRACTOR

R E Q U I R E D

Bidder’s Firm:

Address:

City, State, Zip:

Telephone:

Fax:

E-Mail:

Federal ID #

Date:

Printed Name:

Signature:

Title:

E-Mail:

Witness Printed Name:

Witness Signature:

Title:

E-Mail:

FOR OFFICIAL CITY USE ONLY

CITY OF MILWAUKEE, a municipal corporation

By:

City of Milwaukee Purchasing Director Date:

Countersigned:

By:

City Comptroller Date: