CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 9296

Title: Environmental Consulting Services

City Agency: Engineering

Due Date: Monday, February 27, 2023

12:00 PM

REQUEST FOR PROPOSALS RFP # 9296

Rev. 07/28/2016-RFP #9296 Environmental Consulting Services.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 DESCRIPTION OF SERVICES/COMMODITIES

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Required Forms

3.2 Qualifications and Technical Experience (65% of Total Score)

3.3 Cost Proposal (30% of Total Score) – Form D

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 (For submission of bids/in the absence of signed contract)

Appendix B: Sample Contract for Purchase of Services

RFP #9296 Environmental Consulting Services.doc Page 1

1 NOTICE TO PROPOSERS

1.1 Summary

The City of Madison Engineering Division (“City”) is soliciting Proposals from qualified vendors for Environmental Consulting Services. Vendors submitting Proposals (“Proposers”) are required to read this Request for Proposals (“RFP”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

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

Issue Date: February 2, 2023 Questions Due Date: February 16, 2023

Answers Posted Date: February 20, 2023 Due Date: February 27, 2023, 12 PM

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 version in a PDF format stored on a common media (CD, DVD, flash drive, or emailed), identical in content and sequence to the hard copy proposal submitted.

Cost Proposal (Form D): Three (3) Copies Technical Proposal: Three (3) Copies Electronic Proposal: One (1) complete copy. (Cost and Technical Proposals as be separate files.)

The City will not consider illegible Proposals. Elaborate proposals (i.e., expensive artwork) beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

Complete and return Forms A through E to City of Madison Engineering by February 27, 2023, 12 PM.

1.4 Labeling

All proposals must be clearly labeled:

Proposer’s Name and Address

RFP #: 9296

Title: Environmental Consulting Services Due: February 27, 2023, 12 PM

All email correspondence must include “RFP #9296 Environmental Consulting Services” in the subject line.

1.5 Delivery of Proposals

Delivery of hard copies to: City of Madison Engineering

Attn: Brynn Bemis City County Building, Room 115 210 Martin Luther King Jr. Blvd.

Madison, WI 53703

Delivery of electronic copy to: via email to bbemis@cityofmadison.com, or include with hard copy

RFP #9296 Environmental Consulting Services.doc Page 2

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

Note: When mailing your response via a third party delivery service, the outside of the packaging MUST be clearly marked with the RFP name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

1.6 Appendix A: Standard Terms & Conditions

Proposers are responsible for reviewing Appendix A, the Standard Terms and Conditions, prior to submission of their Proposals. Appendix A applies to the submission of proposals and in the absence of a signed contract becomes part of the contract terms. Part I of Appendix A provides legal terms relevant only to the submission of proposals. Part II of Appendix A provides legal terms that would apply only in the absence of a signed contract.

1.7 Appendix B: Sample Contract for Purchase of Services

Proposers are responsible for reviewing Appendix B, Sample Contract, prior to submission of their Proposals. A contract in the form of Appendix B will serve as the basis of the contract resulting from this RFP. The resulting contract will control over any different legal terms in this RFP, Appendix A, the proposal, etc. By submitting a proposal, Proposers affirm their willingness to enter into a contract containing the terms found in Appendix B. While the City strives to provide the most appropriate sample contract for this RFP, the City reserves the right to modify the sample form for any resulting contract. The City does not negotiate legal terms prior to award.

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, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

RFP #9296 Environmental Consulting Services.doc Page 3

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

The City of Madison Engineering is the procuring agency:

Brynn Bemis City of Madison Engineering

PH: (608) 695-1385

bbemis@cityofmadison.com

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 Brynn Bemis 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

RFP #9296 Environmental Consulting Services.doc Page 4 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

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: https://www.cityofmadison.com/engineering/developers-contractors/request-for-proposals

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.

RFP #9296 Environmental Consulting Services.doc Page 5

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 Statutesmay be held confidential.

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 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 viewuntil 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

RFP #9296 Environmental Consulting Services.doc Page 6

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 008-1020421147-08) 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.

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.

RFP #9296 Environmental Consulting Services.doc Page 7

2 DESCRIPTION OF SERVICES/COMMODITIES

Scope of Services Summary

The City of Madison Engineering Division requests proposals from qualified and experienced environmental consulting firms to provide environmental site assessment services to the City.

Assessments may be conducted on land owned or being considered for purchase by the City of Madison or in the right of way during construction activities.

Because this is an umbrella contract in which selected firms will work on an as-needed basis, a specific scope of work is not outlined in this document. Once a City department or agency recognizes a need to contract environmental services, that entity will define the scope of services and request one or more firms prepare a site specific work plan and cost estimate, with a “not to exceed dollar amount”, prior to initiating on-site activities. Lump sum pricing may be approved for certain projects per the discretion of the department. Typical projects include Phase 1 ESAs, Phase 2 ESAs, remedial action planning, and oversight of contaminated soil excavation associated with construction in the right of way.

The activities that may be conducted under this Environmental Services Contract include, but are not limited to:

Phase 1 Environmental Site Assessments (Phase 1 ESAs)

Phase 1 ESA reports must be completed to the most recent applicable ASTM (e.g. ASTM E1527-21) or WisDOT (FDM 21-35-1) standard, and in accordance with All Appropriate Inquiries Final Rule 40 CFR Part 312. At the request of the City, Phase 1 ESA reports may be required to include other information regarding real property, such as asbestos, lead based paint, or hazardous materials surveys.

Phase 2 Environmental Site Assessments and Site Investigations

Phase 2 ESA activities may include underground storage tank (UST) assessments, soil boring and groundwater monitoring well installation, excavation of test pits, surveying, soil and groundwater sampling and analysis, building surface or materials sampling and analysis, air and vapor sampling, magnetometer or ground penetrating radar surveys, public health risk assessments, excavation oversight and management of contaminated soil during construction in the right of way, and WDNR spill notification.

Phase 2 ESA reports shall document all sampling activities and analytical results, including stating and depicting the extent (horizontal and vertical) of any identified contamination, identification of risks to human health and the environment, and recommendations for remedial action if necessary. They shall include a summary of quality assurance/quality control performance, and an appendix containing boring logs, field data, laboratory analytical data, chain-of-custody records, photograph logs, documentation of proper management of investigation-derived wastes, and abandonment records for boring and monitoring wells, if applicable. Reports should describe procedures to ensure that defensible and quality data are collected and reported.

Analysis and measurement methods must be capable of reliably detecting concentrations equal to or below applicable cleanup standards for future land use.

All Phase 2 investigations must comply with the regulatory requirements and guidelines of the Wisconsin Department of Natural Resources (WDNR), Wisconsin Department of Safety and Professional Services (DSPS), Wisconsin Department of Health Services (WHS), Wisconsin Economic Development Corporation (WEDC), US Environmental Protection Agency (US EPA), the Occupational Safety and Health Administration (OSHA), and all other local, state, and federal regulations. Due care must be taken to use the most cost effective means to conduct the investigation. The selected firm must utilize all applicable reimbursable programs or other similar resources to minimize cost expenditures.

RFP #9296 Environmental Consulting Services.doc Page 8

Remediation Activities

Remediation activities may include identification and assessment of remedial strategies, cost estimating, removal and management of aboveground and underground storage tanks and piping systems, design/construction/operation of remedial systems, handling and disposal of contaminated soil and groundwater, disposal of hazardous and non-hazardous materials, investigation/remediation of contaminated sediments, and earthwork associated with contaminated soil and material management.

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Required Forms

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

3.2 Qualifications and Technical Experience (65% of Total Score)

Firm Background and Key Staff – Describe briefly your firm’s background and history. Include the size and location of the office that will be used for this contract. Provide a statement of the length of time you have been in business supplying the services referenced herein.

Project Team – Identify key staff (name and titles) who would be directly responsible for the contract, including the project manager and field staff. Include brief resumes of key personnel, describing relevant experience with environmental site assessments. Provide a general overview of all of the partners/subcontractors o r companies whose services will be part of the proposal. It is not necessary to include resumes for subcontractors.

Experience - Demonstrate your firm’s capability, experience, and qualifications assisting local governments with all aspects of environmental site assessment. Describe your firm’s experience conducting Phase 1 ESAs, Phase 2 ESAs, site investigations, and remedial action planning of contamination sites. List 5 similar projects the key personnel have completed recently, as well as similar projects managed by the office working on the project completed in the last 3 years.

Describe your firm’s experience with sampling and managing contamination from per and polyfluoroalkyl substances (PFAS) in soil, surface water, and groundwater.

References - Describe your firm’s experience working with five major non-City of Madison clients from the last three years that are comparable in scope and magnitude to this project. Describe your firm’s relationship with state and federal regulatory agencies.

Insurance – Provide proof of insurance as outlined in section the City’s Standard Terms and

Conditions (Appendix A).

This section will evaluate firm qualifications, experience, and references equally.

3.3 Cost Proposal (30% of Total Score) – Form D

Hourly Rates – Provide an hourly rate schedule by personnel

Equipment Rate Sheet

RFP #9296 Environmental Consulting Services.doc Page 9

Example Budgets – Provide detailed budgets and describe relevant assumptions for the following tasks, broken down by task, staff rates and hours. The costs should include equipment, lab costs, subcontractors, and all other expenses typically included with each example project:

1. Phase 1 ESA for a 10,000 sq ft former industrial facility

2. WisDOT Hazardous Material Assessment for a 0.25-mile stretch of county highway at the edge of the City

3. Example Phase 2 ESA: Assume 7 borings to 10 feet bgs, 3 borings to 15 feet, installation/development of 3 groundwater wells in the deeper borings, 2 rounds of groundwater sampling for VOCs/RCRA metals/PAHs, collection and analysis of two soil samples per boring for RCRA metals/VOCs/PCBs, abandonment of borings/wells per NR 141, report preparation and submittal to DNR for review. Include three subslab vapor samples and 3 indoor air samples for VOCs and all associated sampling equipment. Include all costs typically associated with a Phase 2 ESA, including laboratory costs, creating site maps, surveying, project oversight, coordination with the DNR project manager, etc.

4. Right of way construction oversight: Assume a two-week project that requires an engineer or geologist is onsite for 6 hours a day, 5 days a week to screen soils for contamination associated with utility excavation in the right of way. Costs should include a simple post-construction report with photos and a marked up map, as well as any associated project management.

Do not provide unit pricing for asbestos, lead-based paint, or hazardous material assessments. If this work is required in the future, unit pricing will be requested on a case-by-case basis.

Do provide unit pricing for other work typically included in a Phase 2 ESAs, even work not specified in the example project.

Annual percent price increases are allowed—submit any increases by contract year on Form D.

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 be listed here: https://www.cityofmadison.com/finance/purchasing/local-businesses. Visit here to complete the forms necessary to be considered a local business:

https://www.cityofmadison.com/finance/purchasing.

3.5 Evaluation and Award Process

The Selection Committee will review and rank cost proposals separately. It will select the proposal which best combines the necessary qualifications with value for expenditure of public funds. 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. Qualification factors will be weighted as shown.

Qualifications, Experience, & References 65% Cost Proposal 30% 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. Annual price increases are

RFP #9296 Environmental Consulting Services.doc Page 10 allowed—submit any increases by year on your unit pricing page. In the event the City exercises such right to renew the contract, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, with the exception of approved annual price increases. 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.

Currently, the City has two firms hired under the existing three-year contract. It is estimated that annual contract totals per firm will be between $50,000 and $150,000, but no minimum is guaranteed. Annually, the City typically conducts 6 to 10 Phase 1 ESAs or WisDOT Haz Mat Assessments, 1 to 2 Phase 2 ESAs/site investigations, and contaminated soil oversight on one right of way project.

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 #: 9296 Environmental Consulting 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-RFP-FormB-Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

RFP #: 9296 - Environmental Consulting Services

This form must be returned with your response.

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

This form must be returned with your response.

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

Example Project Staff Rates Staff Hours Total Cost

1. Phase 1 ESA for a 10,000 sq ft former industrial facility

2. WisDOT Hazardous Material Assessment for a 0.25-mile stretch of county highway at the edge of the City

3. Example Phase 2 ESA: Assume 7 borings to 10 feet bgs, 3 borings to 15 feet, installation/development of 3 groundwater wells in the deeper borings, 2 rounds of groundwater sampling for VOCs/RCRA metals/PAHs, collection and analysis of two soil samples per boring for RCRA metals/VOCs/PCBs, abandonment of borings/wells per NR 141, report preparation and submittal to DNR for review. Include three subslab vapor samples and 3 indoor air samples for VOCs and all associated sampling equipment. Include all costs typically associated with a Phase 2 ESA, including laboratory costs, creating site maps, surveying, project oversight, coordination with the DNR project manager, etc.

4. Right of way construction oversight: Assume a two-week project that requires an engineer or geologist is onsite for 6 hours a day, 5 days a week to screen soils for contamination associated with utility excavation in the right of way. Costs should include a simple post-construction report with photos and an annotated map, as well as any associated project management.

INSTRUCTIONS: Please provide detailed budgets for each example project below, broken out by task, staff rate, and staff hours, on a separate spreadsheet. (As long as a clear detailed budget is provided as an attachment, it is not necessary to complete this form.) Provide equipment and staff rate sheets as an attachment. Annual pricing increases are allowed, but must be submitted with the proposal and agreed up on by both parties in writing. Only submit example budgets for the first contract year.

TOTAL COST

Rev. 06/21/2022-RFP-FormEReferences.doc

Form E: References

RFP #: 9296 Environmental Consulting Services

This form must be returned with your response.

Please list five references that are NOT from the City of Madison. If you wish to highlight any additional work experience for the City of Madison, please list it on a separate page.

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

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

RFP-FormEReferences.doc

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #4 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #5 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

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CITY OF MADISON

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 al l 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 ful ly 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. If 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 enblb2 Text Box Appendix A

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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 this bid, in whole or in part, at any time for any reason. The City may, in its sole discretion and without any reason, cancel or terminate any contract or purchase order awarded as a result of this bid, in whole or in part, without penalty, by providing ten (10) days written notice thereof to the contractor.

a. 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.

b. 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.

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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.

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, 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…