9061 - 2021 Lab Services RFP.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 9061

Title: Laboratory Services

City Agency: Engineering

Due Date: Friday, August 27, 2021

REQUEST FOR PROPOSALS RFP # 9061

Rev. 07/28/2016-2021 Lab Services RFP.doc Page i

Table of Contents

1 NOTICE TO PROPOSERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Proposals

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Affirmative Action Notice

1.9 Multiple Proposals

1.10 City of Madison Contact Information

1.11 Inquiries and Clarifications

1.12 Addenda

1.13 Bid Distribution Networks

1.14 Local Vendor Preference

1.15 Oral Presentations/Site Visits/Meetings

1.16 Acceptance/Rejection of Proposals

1.17 Withdrawal or Revision of Proposals

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Usage Reports

1.21 Partial Award

1.22 Tax Exempt

1.23 Cooperative Purchasing

1.24 Proposers Responsibility

2 SCOPE OF SERVICES

2.1 Project Overview

2.2 Project Coordination

2.3 Analysis and Reporting of Samples

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Required RFP Forms

3.2 Experience, References, and Project Capability (35% of Total Score)

3.3 Cost Proposal (60% of Total Score)

3.4 Local Preference (5% of Total Score)

3.5 Evaluation and Award Process

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal Form E: References Appendix A: Standard Terms & Conditions Appendix B: Contract for Purchase of Services

2021 Lab Services RFP.doc Page 1

1 NOTICE TO PROPOSERS

1.1 Summary

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

1.2 Important Dates

Deliver Proposals no later than the due time and date indicated below. The City will reject late Proposals:

Issue Date: Thursday, July 29, 2021 Questions Due Date: Wednesday, August 18, 2021

Answers Posted Date: Thursday, August 19, 2021 Due Date: Friday, August 27, 2021

1.3 Format

It is allowable to submit only an electronic proposal via email—paper copies are not required.

Submit Technical and Cost Proposals (Form D) on 8.5 by 11-inch paper, otherwise identical to the electronic version. Submit the electronic proposal in a PDF format stored on a common media (CD, DVD, flash drive, or emailed), identical in content and sequence to hardcopy proposals submitted.

Cost Proposal (Form D): Three (3) Copy Technical Proposal: Three (3) Copies Electronic Proposal: One (1) complete copy. (Cost and Technical)

1.4 Labeling

All proposals must be clearly labeled:

Proposer’s Name and Address

RFP #: 9061

Title: Laboratory Services Due: August 27, 2021

All email correspondence must include RFP #9061 – Laboratory Services in the subject line.

1.5 Delivery of Proposals

Delivery of hard copies to: City of Madison Engineering

Attn: Brynn Bemis 210 Martin Luther King Jr. Blvd., Room 115 Madison, WI 53703

Delivery of electronic copy to: Include in hard copy or email to bbemis@cityofmadison.com

Proposals must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

1.6 Appendix A: Standard Terms & Conditions

2021 Lab Services RFP.doc Page 2

Proposers are responsible for reviewing this attachment prior to submission of their Proposals. City of Madison Standard Terms and Conditions are the minimum requirements for the submission of Proposals.

1.7 Appendix B: Sample Contract for Purchase of Services

Proposers are responsible for reviewing this attachment prior to submission of their Proposals. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFP.

The terms of this template contract shall become contractual obligations following award of the RFP. By submitting a proposal, Proposers affirm their willingness to enter into a contract containing these terms.

1.8 Affirmative Action Notice

If Contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more for the calendar year in which the PO and/or Contract is in effect, Contractor shall file, within thirty (30) days from the PO/Contract effective date and BEFORE RELEASE OF PAYMENT, an Affirmative Action Plan designed to ensure that the Contractor provides equal employment opportunity to all and takes affirmative action in its utilization of applicants and employees who are women, minorities and/or persons with disabilities. A sample affirmative action plan, Request for Exemption forms, and instructions are available at: www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms or by contacting a Contract Compliance Specialist at the City of Madison Affirmative Action Division at (608) 266-4910. Vendors must register for an account to complete the required forms online, here: https://elam.cityofmadison.com/citizenaccess

Contractor shall also allow maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this PO/Contract.

Job postings: All contractors who employ 15 or more employees (regardless of the dollar amount of this contract or their annual aggregate business with the City) must notify the City of all external job openings at locations in Dane County, Wisconsin, and agree to interview candidates referred by the City or its designated organization. Job posting information is available at: http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program. Instructions for contractors: http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The complete set of Affirmative Action requirements for this purchase can be found in paragraph 20 of Appendix A – Standard Terms and Conditions and, if applicable, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

1.9 Multiple Proposals

Multiple Proposals from Proposers are permitted; however, each must fully conform to the requirements for submission. Proposers must sequentially label (e.g., Proposal #1, Proposal #2) and separately package each Proposal. Proposers may submit alternate pricing schemes without having to submit multiple Proposals.

1.10 City of Madison Contact Information

Direct proposal/technical questions to:

Brynn Bemis City of Madison Engineering 210 Martin Luther King, Jr. Blvd., Room 115 Madison, WI 53703

(t) 608.267.1986 bbemis@cityofmadison.com

2021 Lab Services RFP.doc Page 3

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFP will acknowledge all emails received. Proposers not receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.11 Inquiries and Clarifications

Proposers are to raise any questions they have about the RFP document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.10.

Proposers finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda – see 1.12 below. Proposers are strongly encouraged to check for addenda regularly.

Proposals should be as responsive as possible to the provisions stated herein. Exceptions are not permitted. The City of Madison reserves the right to disqualify any and all bids that are non-responsive or that include exceptions.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda to its Proposals distribution websites – see 1.13 below. It is the Proposers responsibility to regularly monitor the websites for any such postings. Proposers must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.13 Bid Distribution Networks

The City of Madison posts all Request for Proposals, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Proposers responsibility to regularly monitor the bid distribution network for any such postings. Proposers failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Proposers.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access

Proposals from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

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Home Page: www.demandstar.com

To Register: https://www.demandstar.com/app/registration

Please note when registering: Pick the Wisconsin Association of Public Procurement (WAPP) to select all current Wisconsin government agencies.

City Engineering RFPs: https://www.cityofmadison.com/business/pw/requestforproposals.cfm

1.14 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.15 Oral Presentations/Site Visits/Meetings

Proposers may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFP process. Such presentations, meetings or site visits will be at the Proposers expense.

1.16 Acceptance/Rejection of Proposals

The City reserves the right to accept or reject any or all proposals submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any proposer responding to this request. The City expressly reserves the right to reject any and all proposals responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.17 Withdrawal or Revision of Proposals

Proposers may, without prejudice, withdraw Proposals submitted prior to the date and time specified for receipt of Proposals by requesting such withdrawal before the due time and date of the submission of Proposals. After the due date of submission of Proposals, no Proposals may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Proposers may modify their Proposals at any time prior to opening of Proposals.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Proposers are hereby notified that all information submitted in response to this RFP may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret” defined in State of Wisconsin Statutes may be held confidential.

2021 Lab Services RFP.doc Page 5

Proposers shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Proposers prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Proposals from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Proposals will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Proposers shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.21 Partial Award

Unless otherwise noted, it will be assumed that Proposers will accept an order for all or part of the items/services priced.

1.22 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 39-73-0411-K) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.23 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;

they are made solely between the bidders and third party unit of government.

2021 Lab Services RFP.doc Page 6

1.24 Proposers Responsibility

Proposers shall examine this RFP and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Proposers to fulfill the requirements of the resulting contract.

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2 SCOPE OF SERVICES

2.1 Project Overview

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

The City of Madison does not guarantee a minimum or maximum amount of services that may be required on an annual basis. However, the quantities stated on the Proposal Page are based on recent annual usage.

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

The following are typical projects on an annual basis:

Landfill groundwater sampling: 10 events spread throughout the year with approximately 23 samples each for VOCs, metals, anions, alkalinity, nutrients

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

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

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

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

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

2.2 Project Coordination

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

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

The Vendor shall provide courier services and/or pre-paid shipping labels for the pick-up and delivery of

2021 Lab Services RFP.doc Page 8 samples to the laboratory facility. Samples shall be picked up and delivered as requested, typically Monday-Friday 7:00 AM to 4:30 PM, CST. Acknowledge receipt of samples by completing the chain-of-custody form for each set of samples and returning a copy of the completed chain-of-custody with the corresponding analysis reports. The Vendor shall not refuse acceptance of a sample shipment.

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

2.3 Analysis and Reporting of Samples

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

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

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

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

Sample identification and sample type Sample preservation and container type Analytical methodology used Analytical results and corresponding method detection limits Names of individuals collecting or submitting the sample Date and time of sample collection Laboratory performing the analysis for each parameter Quality control indices (metrics, CCV, ICV, blanks, duplicate RPD, RSD, spike recovery)

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

2021 Lab Services RFP.doc Page 9

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Required RFP Forms

Signature Affidavit - RFP Form A Receipt Forms and Submittal Checklist - RFP Form B Proposer Profile Information - RFP Form C Cost Proposal – RFP Form D Proposer References – RFP Form E

3.2 Experience, References, and Project Capability (35% of Total Score)

Firm Experience – State your firm’s size and the location of the office(s) that will be used for this contract. Describe your firm’s experience doing comparable work for other public agency clients.

Provide the same information for all subcontractors.

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

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

Quality Systems Audit – The Vendor must have proof of a recent acceptable external audit.

LODs and LOQs by Method – Include standard limits of detections and limits of quantitation by method for all parameters/matrices listed in the cost proposal. Different analysis methods may be proposed by the Vendor.

References – List five major public clients (cities/counties/public entities) from the last three years that are comparable in scope and magnitude to this project.

Standard and Expedited TATs - Describe your ability to meet the standard turnaround time (TAT) of 2 calendar weeks from sample receipt. Provide a TAT for PFAS analysis in water.

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

VOCs/oil & grease/TSS in water and VOCs/PAHs/PCBs/ RCRA metals in soils. Include information on any additional surcharges associated with expedited TATs. Provide a TAT for PFAS analysis in water.

Coolers and Shipping – Coolers and courier services and/or prepaid shipping labels shall be provided at the expense of the Vendor. Describe your shipping procedures and the City’s responsibilities for sample shipping.

3.3 Cost Proposal (60% of Total Score)

Vendors may submit pricing for all or a portion of the requested services. Vendors may use the attached spreadsheet or provide their own cost summary. You may edit the Cost Proposal to propose method substitutions or other changes, but highlight any changes. Cost proposals must include the following information:

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

Unit price shall prevail.

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

2021 Lab Services RFP.doc Page 10

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

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

3.4 Local Preference (5% of Total Score)

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

3.5 Evaluation and Award Process

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

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

100%

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

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

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

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

Rev. 07/20/2015-RFP-FormA-SignatureAffidavit.doc

Form A: Signature Affidavit

RFP #: 9061 - Laboratory Services This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/20/2015-Form B.doc

Form B: Receipt of Forms and Submittal Checklist

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Fee Proposal

Form E: Exceptions (if applicable)

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/20/2015-RFP-FormC-VendorProfile.doc

Form C: Vendor Profile

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

The successful Contractor, who employs more than 15 employees and whose aggregate annual business with the City for the calendar year, in which the contract takes effect, is more than twenty-five thousand dollars ($25,000), will be required to comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9) within thirty (30) days of award of contract.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: www.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

RFP Form D - Cost Proposal

Parameter Method Matrix Est.

Count Unit Price Total Price

Volatile organic compounds EPA 8260 water or leachate 200 -$

Metals by ICP-MS: As, Ba, B, Cd, Ca, Cr, Fe, Pb, Mg, Mn, Se, Zn, Hardness by calculation

EPA 6020 (or 6010 for select analytes) water 230 -$

Lab entering of landfill field data for WDNR GEMS reporting: conductivity, color, turbidity, DO, groundwater elevation, pH, temp.

Field Data Entry water 230 -$

Total dissolved solids EPA 160.1 or

SM2540D

water or leachate 250 -$

Chloride & Sulfate (dissolved) EPA 300.0 water or leachate 250 -$

Alkalinity EPA 310.2 or

SM2320B

water or leachate 250 -$

Nitrogen, Nitrate + Nitrite EPA 300.0 or 353.2 water or leachate 250 -$

Chemical oxygen demand EPA 410.4 water or leachate 250 -$

PFAS Isotop Dilution, WI 33 list water 4 -$ cBOD, 5-day EPA 405.1 or SM5210B leachate 15 -$

Sulfite EPA 377.1 leachate 5 -$

Specific Conductance, lab EPA 120.1 water or leachate 10 -$ pH, elecrometric EPA 150.2 or

SM4500-H+B

water or leachate 20 -$

Chromium, Hexavalent SM3500-Cr B leachate 20 -$

Cyanide, Total EPA 335.4 or 9012B leachate 20 -$

Total Kjeldahl Nitrogen EPA 351.2 or SM4500_TKN_H leachate 20 -$

Phosphorus, Total EPA 365.3 leachate 20 -$

Ammonia, distilled EPA 350.1 leachate 5 -$

BOD, 5-day EPA 405.1 or SM5210B leachate 10 -$

Please edit the method, unit price, and total price columns. Comparable method substituions are allowed.

This is an estimate of ANNUAL sample counts. Highlight changes!

RFP Form D - Cost Proposal

Parameter Method Matrix Est.

Count Unit Price Total Price

Please edit the method, unit price, and total price columns. Comparable method substituions are allowed.

This is an estimate of ANNUAL sample counts. Highlight changes!

BTEX (PVOC) PVOC EPA 8020 water or leachate 15 -$ cBOD, 5-day EPA 405.1 or SM5210B leachate 15 -$

Phenolics EPA 8270 leachate 10 -$

Mercury EPA 7470 leachate 20 -$

Metals + Hardness by ICP: Ag, As, B, Ba, Ca, Cd, Cr, Cu, Fe, K, Pb, Mg, Mn, Na, Ni, Se, Zn.*

EPA 6010 leachate 20 -$

Total suspended solids EPA 160.2 or SM2540D leachate 20 -$

Dane County Landfill Protocol B multiple (see attached) soil/sed 5 -$

Oil and grease EPA 413.1 or 9071 water 2 -$

Volatile organic compounds EPA 8260 soil/sed 20 -$

RCRA Metals (less Hg) EPA 6010 soil/sed 20 -$

Mercury EPA 7470 soil/sed 10 -$

PAHs EPA 8270 soil/sed 20 -$

PCBs EPA 8082 soil/sed 20 -$

Diesel range organics WI-MOD DRO soil/sed 20 -$

Gasoline range organics WI-MOD GRO + PVOC EPA 8020 soil/sed 20 -$

TCLP leach preparation TCLP leaching EPA 1311 soil/sed 10 -$ pH 9040 W/9045 W soil/sed 10 -$

PFAS Isotop Dilution, WI 33 list soil/sed 2 -$

Total organic carbon EPA 415.3 or 9060A soil/sed 10 -$

Est. Count - Estimated number of samples annually.

* Leachate samples will be analyzed for 8-17 of these analytes and will be billed on a per analyte basis.

Total Cost (Based on Estimated Count)

Rev. 07/20/2015-Form E.doc

Form E: References

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

Form F: References

Form E.doc

REFERENCE #4 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #5 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #6 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

Form F: References

Form E.doc

REFERENCE #7 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #8 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #9 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 11.7.19.docx Page 1

CITY OF MADISON

(STC-Form: 12/18/2018)

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this

Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including all addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. I f an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

STC 11.7.19.docx Page 2 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.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

b. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

c. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices to Purchasing or ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

STC 11.7.19.docx Page 3

20. Affirmative Action.

A. The following language applies to all successful bidders 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, i f 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. 20.A.) at the time the Request for Exemption in 20.B.(2) is made.

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

The “ARTICLES OF AGREEMENT”…