Insulation_for_PSA_Vessels_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

323023

INSULATION FOR PSA VESSELS

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: July 18, 2023

DEADLINE FOR QUESTIONS: August 8, 2023

RESPONSE DEADLINE: August 22, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR PROPOSAL

Insulation for PSA Vessels

I. INTRODUCTION

II. RFP INSTRUCTIONS

III. CONTRACT TERM

IV. PROJECT SCOPE OF WORK

V. RFP RESPONSE REQUIREMENTS & EVALUATION CRITERIA

VI. PRICING PROPOSAL

VII. QUESTIONNAIRE & UPLOADS

VIII. GENERAL GUIDELINES

IX. STANDARD TERMS & CONDITIONS

Attachments:

A - PSA 2 Vessel

Request For Proposal #323023 Title: Insulation for PSA Vessels

1. INTRODUCTION

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal according to the specifications set forth within this document.

The County intends to use the results of this process to award a contract to supply and install insulate components for the Dane County Department of Waste & Renewables' Renewable Natural Gas Facility's

Pressure Swing Adsorption Vessels.

1.2. Background

The Dane County Department of Waste & Renewables (W&R or County) owns and operates a state of the art renewable natural gas (RNG) processing facility that converts landfill bio-gas into pipeline quality natural gas that is injected into the interstate transmission pipeline. It is located at the county’s active municipal solid waste landfill (Rodefeld Landfill) at 7102 Hwy 12 and 18, Madison, Wisconsin, USA.

Additional operations at the landfill property include a household hazardous waste collection facility

(Clean Sweep) and a construction and demolition (C&D) waste recycling facility.

The goods and services solicited in this RFP are critical to safe and efficient operations of the RNG Plant, and thus critical to W&R's mission to provide environmentally-sound and sustainable waste management and renewable energy solutions for current Dane County residents and future generations.

1.3. Contact Information

Michael Wyrick

Engineer

Email: wyrick.michael@countyofdane.com

Phone: (608) 405-9230

Department:

Waste & Renewables

1.4. Timeline

Release Project Date July 18, 2023

Site Visit August 3, 2023, 9:00am

Dane County Department of Waste &

Renewables

RNG Plant

7102 US HWY 12 & 18

Madison, WI 53718 mailto:wyrick.michael@countyofdane.com tel:(608)405-9230

Question Submission Deadline August 8, 2023, 4:00pm

Question Response Deadline August 16, 2023, 2:00pm

Proposal Submission Deadline August 22, 2023, 2:00pm

Interviews - if necessary (estimated) August 29, 2023

Notification of Intent to Award (estimated) September 5, 2023

Agreement & Project Start Date (estimated) October 17, 2023

2. RFP INSTRUCTIONS

2.1. PROPOSAL INSTRUCTIONS

A. Dane County invites and will accept proposals for supply of goods and services outlined within this RFP. The County intends to use the results of this process to purchase goods and services here within.

B. The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a vendor conference or site visit, contact the RFP contact listed in

Section 1 or call WI Relay 711 for TDD Services.

C. No performance bond is required for this project.

D. Interested vendors are required to register at the County's eProcurement Portal.

E. Proposal Document - Proposers shall upload and submit their proposal document to the Section

7.1.1. of the Questionnaire & Uploads. The proposal shall include all items specified below:

1. Header information

a. Name of Proposer

b. Contact person for RFP respondent organization

c. RFP Title

d. RFP Number

2. Evaluation Criteria Responses

a. Completely answer questions or requirements listed in the Evaluation Criteria in Section

5..

3. Pricing Proposal - Complete the Pricing Table in Section 6., and if needed, upload related pricing information in section 7.1.3. of the Questionnaire and Uploads section.

F. Proposers should complete the Questionnaire & Uploads section, including upload of all other required documents or supplemental documents.

1. The file upload status can be seen for each document uploaded.

2. Confirm all files have been uploaded.

G. Document Formatting - The RFP Response and Cost Proposal documents must be saved in .pdf or .xlsx format. The file name must include the RFP# and name of business submitting the proposal. Please save in this format: "RFP Response Document: "RFP_323023_Vendor Name".

2.2. eProcurement PORTAL REGISTRISTRATION

A. Interested vendors are required to register at the County's eProcurement Portal.

B. Once registered, click on the "draft" button to draft your proposal.

C. Please message procurementsupport@opengov.com with any questions regarding set up.

D. Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement

Portal.

E. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code. Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

2.3. REQUESTS FOR INFORMATION (RFI)

Any questions (RFIs) concerning this RFP must be submitted before 4:00 pm on Tuesday, August 8, 2023 via the County's eProcurement Portal.

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP document. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the proposer should immediately notify the contact person of such error and request modification or clarification of the RFP document via the eProcurement portal.

No County employee or representative other than those individuals listed as County contacts in this RFP is authorized to provide any information or respond to any question or inquiry concerning this RFP. All answers shall be posted as addenda.

2.4. ADDENDA & REVISIONS

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, addenda and/or supplements will be posted via the County's eProcurement Portal.

Proposers are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Proposers must acknowledge the receipt/review of any addenda via the eProcurement Portal.

Dane County Department of Waste & Renewables has the sole authority for modifications to specifications and this RFP document.

2.5. CALENDAR OF EVENTS

Specific and estimated dates and times of actions related to this RFP are listed in the timeline in the

Introduction Section of the RFP. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane County eProcurement Portal. There may or may not https://procurement.opengov.com/portal/countyofdane mailto:procurementsupport@opengov.com https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane be a formal notification issued for changes in the estimated dates and times.

2.6. PROPOSAL DEADLINE

Proposals must be submitted electronically via the County's eProcurement Portal before 2:00 pmTuesday, August 22, 2023. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this RFP.

Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the County’s eProcurement Portal.

Each such proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc.

2.7. ACCEPTANCE OF PROPOSALS

Dane County reserves the right to accept any part of this proposal deemed to be in the best interest of the County. The County also retains the right to accept or reject any or all proposals.

3. CONTRACT TERM

The contract shall be effective on the execution date on the Dane County Contract through December

31, 2024. Goods and workmanship shall be covered under a 1-year warranty term.

4. PROJECT SCOPE OF WORK

4.1. SCOPE

The County is inviting proposals to to perform insulation design and insulation of its Pressure Swing

Adsorption (PSA) vessels.

Dane County reserves the right to negotiate an Agreement after selecting the successful firm.

4.2. INSULATION OF SIX (6) PRESSURE SWING ADORPTION (PSA) VESSELS

A. The County will insulate six (6) PSA vessels to aid in efficiencies during the colder months. The

PSA vessels stand approximately 13 feet tall with a diameter of approximately six (6) feet. A diagram showing necessary insulation extents is provided in Attachment A. Unit pricing is based on per vessel insulation costs, as indicated in the Pricing Table.

B. Materials

1. Contractor shall provide all tools, equipment, labor, consumables, and other items required to insulate the PSA vessels. The County shall provide scaffold setup and rental required for the work.

2. Insulation system shall meet or exceed of the following material specifications or approved alternatives:

a. Aluminum roll jacketing shall conform to ASTM C1729 in material and thickness specification.

b. Jacketing shall be stucco, dimpled, or corrugated construction and include a 3-mil thick polyfilm barrier.

c. Fasteners, banding, and other hardware shall be stainless steel.

d. Insulation shall be 2" thick and designed for heat conservation of process vessel and compatible with full range of process temperatures; process vessel normal operating temperature is 100F and has a range of -20F to 160F.

C. Installation

1. Prior to installation, awardee shall submit to the County descriptive plans for insulation, jacketing, and other material specifications. The County shall review and approve submittals to ensure they meet the minimum specifications. The awardee is required to comply with all

Federal, State, and Local standards applicable to the work.

2. The insulation jacketing system shall be designed and installed to prevent rain water intrusion and contact with insulation and process vessel. Jacket seams shall be overlapping to shed precipitation. Waterproof sealant shall be used at joins to piping or vessel.

3. Pressure vessel name plate shall be left exposed and uncovered by insulation.

5. RFP RESPONSE REQUIREMENTS & EVALUATION CRITERIA

Accepted proposals will be reviewed by an evaluation team and scored against the stated evaluation criteria and project requirements. This scoring will determine the ranking of proposers based upon their written proposals uploaded to section 7.1.1.. If the team determines that it is in the best interest of the

County to require a Phase 2 Evaluation (e.g. in-person interviews), the highest-ranking proposers will be invited to make such presentations. Those proposers that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.

No. Evaluation Criteria Scoring Method Weight (Points)

1. PRICING / COST PROPOSAL

Complete the Pricing Table located in Section 6. If needed, upload supplemental pricing information to the Questionnaire and Uploads

Section 7.1.3..

Points Based 60

(60% of Total)

2. FIRM QUALIFICATIONS,

CAPABILITIES, & EXPERIENCE

A. Confirmation that the firm has been in business for a minimum of five (5) years.

B. Provide a description of the firm's qualifications and related experiences and resources required to be qualified for this work.

C. Optionally provide specific project references.

Points Based 20

(20% of Total)

3. SAEFTY CULTURE

A. Provide documentation that demonstrates your firm's commitment to safety.

B. Provide documentation on your firms KPIs for safety

(e.g. Total recordable injury rate (TRIR))

C. What process or tools does your firm use to prevent, identify, and correct safety issues?

Points Based 15

(15% of Total)

4. LOCAL VENDOR PREFERENCE

A. Answer question 7.2.1. in

Vendor Questionnaire to indicate local vendor status.

B. Vendors located within Dane

County automatically receive five points toward the evaluation score.

C. Vendors located within the counties adjacent to Dane

County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

D. Vendors located outside of

Dane County and the 7 counties adjacent to Dane

County should select "No

Preference".

Points Based 5

(5% of Total)

6. PRICING PROPOSAL

PRICING PROPOSAL

Line Item Description Quantity Unit of Measure Unit Cost Total

1 PSA vessel with approximate dimensions of

(13) feet tall by six (6) feet diameter.

6 Vessel

TOTAL

7. QUESTIONNAIRE & UPLOADS

7.1. RFP DOCUMENT UPLOADS

7.1.1. RFP Response Document - Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.2. RFP Response - Supplemental Document Upload

Upload any additional or required information documents that supplements this solicitation. This is not required.

7.1.3. RFP Cost Proposal - Supplemental Document Upload

If applicable, upload any documents providing further clarification of the submitted pricing from the

Pricing Table. This is not required.

7.1.4. W9 Upload*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required

7.2. VENDOR INFORMATION

7.2.1. Local Vendor Preference *

Select a Local Vendor Preference:

Vendors located within Dane County automatically receive five points toward the evaluation score.

Vendors located within the counties adjacent to Dane County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

Vendors located outside of Dane County and the 7 counties adjacent to Dane County would choose "No

Preference".

NOTE: A post office box address does not qualify as an established place of business.

☐ No Preference

☐ Yes - Dane County

☐ Yes - Columbia County

☐ Yes - Dodge County

☐ Yes - Green County

☐ Yes - Jefferson County

☐ Yes - Iowa County

☐ Yes - Rock County

☐ Yes - Sauk County

*Response required

7.2.2. Fair Labor Practice Certification *

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yesis answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ No, our company has NOT been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

☐ Yes, our company HAS been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

*Response required

7.2.3. Cooperative Purchasing*

Reference Guidelines - Section F.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

7.2.4. Designation of Confidential and Proprietary Information* Please specify what information you wish to designate as confidential and proprietary. Please identify section/ pages/ topic /documents, etc.

NOTE: Pricing sections cannot be designated as confidential and proprietary.

If nothing will be designated, simply type "None" in the section below.

*Response required

7.2.5. Exceptions to Standard Terms and Conditions

State clearly any limitations you wish to include and detail any conditions you may have with the

Standard Terms and Conditions.

7.2.6. Did you attend the mandatory vendor conference?*

☐ Yes

☐ No

*Response required http://www.nlrb.gov/ http://werc.wi.gov/

7.3. RFP ADDENDA

7.3.1. I understand that if any addenda are issued I will have to acknowledge the posted addenda.* ☐ Please confirm

*Response required

7.3.2. If an addendum is posted after I have submitted my proposal response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my proposal response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

4. I will then have to resubmit my proposal response.

Further instructions on addendum(a) postings can be found here.

☐ Please confirm

*Response required

7.4. SIGNATURE AFFIDAVIT

7.4.1. RFP Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed as acknowledgement of the terms and conditions of this RFP. This shall be signed and uploaded upon finalizing submission of bid or proposal.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

8. GENERAL GUIDELINES

The following information provides additional general information related to this RFP.

8.1. INSPECTION OF PREMISES/VENDOR SITE VISIT

Proposers may inspect area of work prior to submitting proposals to determine all requirements associated with the project. Failure to attend a site visit will in no way relieve the successful proposer from the necessity of providing, without additional cost to the County, all necessary services that may be required to carry out the intent of the resulting contract.

8.2. LOCAL VENDOR PURCHASING PREFERENCE

Under Dane County Ordinance, a local vendor is defined as a supplier or provider or equipment, materials, supplies or services that has an established place of business within the County of Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor. Additional points shall be awarded as follows:

A. County ordinance provides that a local vendor automatically receive five point toward the evaluation score.

B. Vendors located within the counties adjacent to Dane County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically received two points toward the evaluation score.

8.3. PRICING

Fixed price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the proposal. Pricing shall remain fixed throughout the RFP process.

8.4. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

8.5. PRELIMINARY EVALUATION

The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in the solicitation.

8.6. AWARD

The award may be granted to the highest scoring responsive and responsible proposer(s).

A resulting award and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

8.7. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County will send a Notice of Intent letter to responding vendors at the time of the award.

8.8. CONTRACT/PROJECT ADMINISTRATION

The County department(s) utilizing the service will be responsible for coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions. Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the Department of Waste & Renewables.

8.9. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A resulting contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

8.10. CONTRACT ADDITIONS

A. The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

B. The COUNTY will contact the vendor requesting pricing for the item(s) to be added.

C. The vendor, within three working days, should respond in writing and include the proposal number, contract period and the price for each item or service to be provided.

D. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

E. The County reserves the right to accept or reject prices and obtain proposals on the open market for these add ons.

8.11. PAYMENT TERMS & INVOICING

Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email Address shown on the Bill To section of the

PO issued. The Dane County purchase order number must be noted on the submitted invoice.

Other incidental or standard industry charges not identified herein, are not allowed under this contract.

Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

8.12. PERMITS & LICENSES

The Contractor selected under this proposal shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

8.13. SATISFACTORY WORK

Any work found to be in any way defective or unsatisfactory shall be corrected by the Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8.14. GOVERNMENT STANDARDS

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Proposers shall comply with all local, state and federal regulations, directives and laws.

8.15. DANE COUNTY SUSTAINABILITY PRINCIPLES

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

A. Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

B. Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

C. Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and

D. Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

8.16. TIMELINES

Specific and estimated dates and times of actions related to this RFP are listed in the timeline in the

Introduction Section of the RFP. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane County eProcurement Portal. There may or may not be a formal notification issued for changes in the estimated dates and times.

8.17. CERTIFICATE OF INSURANCE

The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order.

See Standard Terms and Conditions Section 9.22. "INDEMNIFICATION & INSURANCE".

Please contact your insurance representative to issue an Additional Insured Endorsement naming

County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

Indicate mailing address as:

County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

Call 608-266-4965 with any questions.

Add Item

8.18. eProcurement Portal REGISTRATION

A. Interested endors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code.

B. Once registered, click on the "draft" button to draft your proposal.

C. Registering allows a vendor the opportunity to receive notifications for bids issued by the

County and provides the County with up-to-date company contact information.

D. Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement

Portal.

E. Please message procurementsupport@opengov.com with any questions regarding set up.

https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane mailto:procurementsupport@opengov.com

8.19. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award.

Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

8.20. CONTRACT/PROJECT ADMINISTRATION

The County department(s) utilizing the service will be responsible for coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions. Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the Department of Waste & Renewables

8.21. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A resulting contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

8.22. CONTRACT ADDITIONS

The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The COUNTY will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the proposal number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

• The County reserves the right to accept or reject prices and obtain proposals on the open market for these add ons.

• When applicable, Contractor may be required to sign a Dane County Contract.

8.23. CONTRACT TERMINATION

If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

8.24. PAYMENT TERMS & INVOICING

Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email Address shown on the Bill To section of the

PO issued. The Dane County purchase order number must be noted on the submitted invoice.

Other incidental or standard industry charges not identified herein, are not allowed under this contract.

Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

8.25. CERTIFICATE OF INSURANCE

The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order.

See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

Please contact your insurance representative to issue an Additional Insured Endorsement naming

County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

Indicate mailing address as:

County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

Call 608-266-4965 with any questions.

8.26. PERMITS & LICENSES

The Contractor selected under this proposal shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

8.27. SATISFACTORY WORK

Any work found to be in any way defective or unsatisfactory shall be corrected by the Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8.28. GOVERNMENT STANDARDS

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Proposers shall comply with all local, state and federal regulations, directives and laws.

8.29. DANE COUNTY SUSTAINABILITY PRINCIPLES

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

• Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

• Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

• Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and

• Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

9. STANDARD TERMS & CONDITIONS

9.1. APPLICABILITY

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

9.2. ENTIRE AGREEMENT

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

9.3. DEFINITIONS

As used herein, “vendor” or "provider" includes a provider of goods or services, or both, who is responding to an RFP.

9.4. SPECIFICATIONS

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their proposal.

9.5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the proposal. In the absence of such statement, the proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

9.6. QUALITY

Unless otherwise indicated in the request, all material shall be first quality. No pre-owned, obsolete, discontinued or defective materials may be used.

9.7. QUANTITIES

The quantities shown herein are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

9.8. DELIVERY

Deliveries shall be FOB destination freight prepaid and included unless otherwise specified. County will reject shipments sent C.O.D. or freight collect.

9.9. PRICING

Unit prices shown on the proposal shall be the price per unit of sale as stated on the request or contract.

For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the proposal evaluation and contract administration.

A. Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award.

Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in proposal documents and contracts or agreements.

B. Submission of a proposal constitutes proposer's certification that no financial or personal relationship exists between the proposer and any county official or employee except as specially set forth in writing attached to and made a part of the proposer. The successful proposer shall disclose any such relationship which develops during the term of the contract.

9.10. ACCEPTANCE-REJECTION

Dane County reserves the right to accept or reject any or all proposals, to waive any technicality in any proposal submitted and to accept any part of a proposal as deemed to be in the best interests of the

County. Submission of a proposal or a proposal constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

Proposals must be submitted via the County's eProcurement Portal. THERE WILL BE NO EXCEPTIONS TO

THIS POLICY.

9.11. METHOD OF AWARD

Award shall be made to the most advantageous proposals submitted to the County on a Evaluation

Criteria.

9.12. ORDERING/ACCEPTANCE

Written notice of award to a vendor in the form of a purchase order or other document, mailed electrically or to the address shown on the proposal will be considered sufficient notice of acceptance of proposal. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

9.13. PAYMENT TERMS AND INVOICING

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

9.14. TAXES

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number CES 008-1020421168-06 to Dane County.

The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases. The County may be subject to other states’ taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.

9.15. GUARANTEED DELIVERY

Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include administrative costs.

9.16. APPLICABLE LAW AND VENUE

This contract shall be governed under the laws of the State of Wisconsin, and venue for any legal action between the parties shall be in Dane County Circuit Court. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

9.17. ASSIGNMENT

No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of Dane County.

9.18. NON-DISCRIMINATION/AFFIRMATIVE

ACTION: During the term of this Agreement the vendor agrees, in accordance with sec. 111.321, Wis.

Stats., and Chapter 19 of the Dane County Code of Ordinances, not to discriminate against any person, whether an applicant or recipient of services, an employee or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor shall provide a harassment-free work environment. These provisions shall include, but not be limited to, the following:

employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation.

A. Vendors who have twenty (20) or more employees and a contract of twenty thousand dollars

($20,000) or more must submit a written affirmative action plan to the County’s Contract

Compliance Officer within fifteen (15) working days of the effective date of the contract. The

County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

B. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this Agreement as they relate to affirmative action and nondiscrimination.

C. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.

D. The vendor agrees to furnish all information and reports required by Dane County’s Contract

Compliance Officer as the same relate to affirmative action and nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with

Chapter 19, D.C. Ords. and the provisions of this Agreement.

E. AMERICANS WITH DISABILITIES ACT: The vendor agrees to the requirements of the ADA, providing for physical and programmatic access to service delivery and treatment in all programs and activities.

9.19. PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT

The vendor guarantees goods sold to the County were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright or trademark. The vendor covenants that it will, at its own expense, defend every suit which shall be brought against the County (provided that such vendor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

9.20. SAFETY REQUIREMENTS

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. 1. MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of the Material Safety

Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

9.21. WARRANTY

Unless specifically expressed otherwise in writing, goods and equipment purchased as a result of this request shall be warranted against defects by the vendor for one (1) year from date of receipt. An equipment manufacturer’s standard warranty shall apply as a minimum and must be honored by the vendor.

9.22. INDEMNIFICATION & INSURANCE

1. Vendor shall indemnify, hold harmless and defend County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss (including, but not limited to, property damage, bodily injury and loss of life), damages, costs or expenses which County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of vendor furnishing the services or goods required to be provided under this Agreement, provided, however, that the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or omissions of County, its agencies, boards, commissions, officers, employees or representatives. The obligations of vendor under this paragraph shall survive the expiration or termination of this Agreement.

2. In order to protect itself and County its officers, boards, commissions, agencies, agents, volunteers, employees and representatives under the indemnity provisions of the subparagraph above, vendor shall, at vendor’s own expense, obtain and at all times during the term of this Agreement keep in full force and effect the insurance coverages, limits, and endorsements listed below. When obtaining required insurance under this Agreement and otherwise, vendor agrees to preserve County’s subrogation rights in all such matters that may arise that are covered by vendor’s insurance. Neither these requirements nor the

County’s review or acceptance of vendor’s certificates of insurance is intended to limit or qualify the liabilities or obligations assumed by the vendor under this Agreement. The

County expressly reserves the right to require higher or lower insurance limits where County deems necessary.

a. Professional Liability Insurance - The Provider under the terms of this Agreement shall procure and maintain a professional liability insurance policy with at least $1,000,000 in coverage that provides for payment of the insured's liability for errors, omissions or negligent acts arising out of the performance of the professional services required under this Agreement. The Provider shall provide up-to-date, accurate professional liability information on the Providers’s Data Record, including amount of insurance, deductible, carrier and expiration date of coverage. Upon request by County, the Provider shall furnish County with a Certificate of Insurance showing the type, amount, deductible, effective date and date of expiration of such policy. Such certificate shall also contain substantially the following statement: “The insurance covered by this certificate shall not be canceled, the coverage changed or reduced by endorsement, by the insurance company, except after thirty (30) calendar days written notice has been received by

County.” The Provider shall not cancel or materially alter this coverage without prior written approval by County.

b. Commercial General Liability - Vendor agrees to maintain Commercial General Liability insurance at a limit of not less than $1,000,000 per occurrence. Coverage shall include, but not be limited to, Bodily Injury and Property Damage to Third Parties, Contractual

Liability, Personal Injury and Advertising Injury Liability, Premises-Operations, Independent vendors and Subcontractors, and Fire Legal Liability. The policy shall not exclude Explosion, Collapse, and Underground Property Damage Liability Coverage. The policy shall list DANE COUNTY as an Additional Insured.

c. Commercial/Business Automobile Liability - Vendor agrees to maintain

Commercial/Business Automobile Liability insurance at a limit of not less than

$1,000,000 Each Occurrence. Vendor further agrees coverage shall include liability for

Owned, Non-Owned & Hired automobiles. In the event vendor does not own automobiles, vendor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way…