CITY OF MADISON

REQUEST FOR BIDS

RFB #: 8862-0-2019-BG

Title: Grassman Pond Erosion Repair

City Agency: Engineering

Due Date: Tuesday, December 10, 2019

2:00 PM CST

Table of Contents

1 NOTICE TO BIDDERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Bids

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 Bids

1.10 City of Madison Contact Information

1.11 Inquiries, Clarifications, and Exceptions

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 Bids

1.17 Withdrawal or Revision of Bids

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 Bidders Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 ARTICLE 104: Scope of Work

2.2 SECTION 104.1 LANDS FOR WORK

2.3 SECTION 104.10 CLEANING UP

2.4 SECTION 104.4: INCREASED OR DECREASED QUANTITIES

2.5 SECTION 105.5 INSPECTION OF WORK

3 SPECIAL PROVISIONS

3.1 BID ITEM 90001 CONSTRUCTION FENCING

3.2 BID ITEM 90002 TREE CLEARING

3.3 BID ITEM 90003 VEGETATION AND DEBRIS REMOVAL

3.4 BID ITEM 90004 HEAVY RIPRAP – GLACIAL FIELD STONE

3.5 BID ITEM 90005 REATTACH TWO APRON END WALLS

3.6 BID ITEM 90006 SITE RESTORATION

3.7 BID ITEM 90007 ENGINEERED TOPSOIL

4 REQUIRED INFORMATION AND CONTENT OF BIDS

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal – Excel Spreadsheet Form E: References Appendix A: Standard Terms & Conditions Appendix B: Contract for Purchase of Services Attachment A: Grassman Pond Erosion Repair

1 NOTICE TO BIDDERS

1.1 Summary

The City of Madison Engineering (“City”) is soliciting Bids from qualified vendors for Grassman Pond Erosion Repair. Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

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

Issue Date: Tuesday, November 26, 2019 Questions Due Date: Tuesday, December 3, 2019

Answers Posted Date: Thursday, December 5, 2019 Due Date: Tuesday, December 10, 2019, 2:00 PM CST

1.3 Format

The City will not consider illegible Bids.

Elaborate Bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective Bid, are not necessary or desired.

The City is requesting bids in the following format: electronic. Electronic versions less than 20MB should be emailed to the address in section 1.5.

Complete and return Forms A through E to City of Madison Purchasing Services by Tuesday, December

10, 2019, 2:00 PM CST.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 8862-0-2019-BG

Title: Grassman Pond Erosion Repair Due: Tuesday, December 10, 2019, 2:00 PM CST

All email correspondence must include RFB #8862-0-2019-BG in the subject line.

1.5 Delivery of Bids

Delivery of hard copies to: City of Madison Purchasing Services

City County Building, Room 407 210 Martin Luther King Jr. Blvd.

Madison, WI 53703

Delivery of electronic copy to: via email to bids@cityofmadison.com or on a commonly used media with the hard copies.

Bids 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 RFB name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

mailto:bids@cityofmadison.com

1.6 Appendix A: Standard Terms & Conditions

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

1.7 Appendix B: Sample Contract for Purchase of Services

Bidders are responsible for reviewing this attachment prior to submission of their Bids. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The terms of this template contract shall become contractual obligations following award of the RFB. By submitting a Bid, Bidders affirm their willingness to enter into a contract containing these terms.

1.8 Affirmative Action Notice

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

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

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

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

1.9 Multiple Bids

Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid.

Bidders may submit alternate pricing schemes without having to submit multiple Bids.

1.10 City of Madison Contact Information

The City of Madison Enter the City Agency is the procuring agency:

Carissa Wegner City of Madison Engineering

PH: (608) 261-9822

cwegner@cityofmadison.com http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms https://elam.cityofmadison.com/citizenaccess/ http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The City of Madison Purchasing Services administers the procurement function:

Brittany Garcia Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346

PH: (608) 243-0529

FAX: (608) 266-5948

bids@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 RFB will acknowledge all emails received. Bidders 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, Clarifications, and Exceptions

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

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

Bids should be as responsive as possible to the provisions stated herein. A prospective vendor may take “exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the City of Madison reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its Bids distribution websites – see 1.13 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders 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 Bids, 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 Bidders responsibility to regularly monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System:

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

http://vendornet.state.wi.us/vendornet mailto:bids@cityofmadison.com mailto:dcr@cityofmadison.com http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access Bids 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: www.onvia.com/WAPP

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

Bidders 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 RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

1.16 Acceptance/Rejection of Bids

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 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 Bidder 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 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 Bids

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

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

Bidders are hereby notified that all information submitted in response to this RFB 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.

http://www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm http://www.demandstar.com/ http://www.onvia.com/WAPP http://www.cityofmadison.com/business/localPurchasing

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

S. 19.36(5)

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

s. 134.90(1)(c)

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

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

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

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders 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 Bids from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Bidders 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 Bidders will accept an order for all or part of the items/services priced.

1.22 Tax Exempt

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

1.23 Cooperative Purchasing

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

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

1.24 Bidders Responsibility

Bidders shall examine this RFB 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 Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 ARTICLE 104: Scope of Work

The work under this contract shall take place in the City of Madison owned Grassman Pond located in Madison’s west side at 6027 Old Middleton Rd. The general repair area is circled on the attached Map 1. Project work includes:

• Repairing erosion occurring on the banks by regrading for bank stability, providing and installing filter fabric, glacial stone, clear stone, topsoil, seed, and erosion control mat.

• Removing approximately 20 trees of various sizes between 5” and 20” DBH. These trees will be visibly marked in the field by the Project Manager prior to contract advertisement.

• Removing accumulated debris including brush and old plastic geotextile to to re-open the 4 pipe inlets located at the north side of the berm in the project area where water flows in from the greenway to the culvert.

• Restoring project area and site access after work is completed

All work shall be in accordance with the plans and specifications of this contract and the City of Madison Standard Specifications for Public Works Construction. The Contractor shall have adequate experience in bank stabilization. This work shall include furnishing all necessary materials in order to perform all necessary work in accordance with the specifications and contract. The Contractor shall re-use existing riprap still in place and riprap that has been washed out as directed by the Project Manager. The Contractor shall re-attach the disconnected apron end wall stored on site.

NOTE: The Contractor shall take precautions during construction not to disfigure, scar, or impair the health of any tree on public or private property. All trees on this site including along the access route shall be protected per section 107.13 of the Standard Specifications unless marked for removal. Trees marked for removal shall be cut flush to the ground and no stump grinding. Tree stumps shall be treated with appropriate herbicide to prevent re-sprouts.

The scope of work includes the furnishing of all labor, materials, equipment, tools, and other services necessary to complete the work in accordance with the intent of this contract. The Contractor shall use properly functioning equipment capable of performing the tasks required.

The Contractor shall furnish workers who perform quality work and who are experienced and knowledgeable in the work proposed.

The Contractor shall be prepared to manage wet and unstable soil conditions and be prepared to use equipment with low ground pressures. The project limits will be flagged in the field prior to project advertisement.

The Contractor shall view the site prior to bidding to become familiar with the existing conditions and access to work sites. It will be the responsibility of the Contractor to locate and work with existing underground and overhead utilities and to resolve conflicts.

The Contractor shall maintain all travel lanes and access to surrounding streets at all times. No construction equipment or materials shall be stored in the roadway or street right-of-way that is open to traffic during non-working hours. Construction equipment and materials are not to be stored within the street right-of-way that is outside the project limits as shown on the approved plan.

Work for this contract shall begin December 13, 2019 and end on January 3, 2020.

2.2 SECTION 104.1 LANDS FOR WORK

This project is located at 6027 Old Middleton Rd. The Contractor shall be aware that this parcel is adjacent to several private parcels. The Contractor shall use all necessary precautions to avoid damage to adjacent properties, both private and public.

The Contractor shall access the site as shown on the overall site plan and contain all construction activities within the City of Madison owned parcel. If questions arise as to locations of property lines, the City shall provide a survey.

2.3 SECTION 104.10 CLEANING UP

The Contractor shall be responsible for daily cleanup of work area every day, per the standard specifications.

The Contractor shall also be responsible for cleaning any tracking on pavement and/or repairing any rutting in turf areas caused by the Contractor during the execution of work performed under this contract.

2.4 SECTION 104.4: INCREASED OR DECREASED QUANTITIES

The quantities for this contract have been estimated for the purpose of bidding.

Efforts were made to get an accurate estimate of all bid item quantities, however, there is a possibility that some quantities will be increased or decreased. The Project Manager reserves the right to increase or decrease the quantities of any items of work. No revisions in the unit price bid shall be made in the event these items are increased or decreased.

2.5 SECTION 105.5 INSPECTION OF WORK

The Contractor shall be responsible for coordinating all required inspections with the appropriate regulatory agency having jurisdiction.

3 SPECIAL PROVISIONS

3.1 BID ITEM 90001 CONSTRUCTION FENCING

DESCRIPTION

Work under this item shall include all work, materials, labor and incidentals necessary for the Contractor to provide, install, maintain and remove construction fence from the project site as shown on the plans. This fence shall be highly visible (orange or yellow), constructed of a plastic web, and able to withstand the expected amount of use it will receive on a construction site. The intent of this item is to delineate the area to which the Contractor shall confine his or her operations, to protect trees, and to prevent disturbance of areas by the public following seeding operations. Minor relocation of fencing may be required as the work progresses. No extra payment shall be made for temporarily opening and re-closing the fence, or minor relocation of the fencing as needed to perform the work. Fencing shall be left in place until seeded/sodded areas are acceptably established.

The Contractor will be responsible for maintaining construction fencing until this project is completed as determined by the Project Manager.

Construction fencing shall be International Orange color, high-density polyethylene mesh conforming to the following:

• Mesh opening: 1 inch minimum to 3 inch maximum

• Height: 4 feet

• Ultimate tensile strength: Avg 3000lb per 4’ width (ASTM D638)

METHOD OF MEASUREMENT

Construction fence (plastic) shall be measured by the Linear Foot.

BASIS OF PAYMENT

Construction fence (plastic) shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description. Unless there is a significant change, no payment shall be given for changes in quantities listed in proposal.

3.2 BID ITEM 90002 TREE CLEARING

DESCRIPTION

The Project Manager will mark the trees to be removed primarily within the Vegetation and Debris Removal Limits as shown on the plan. Work under this item consists of the clearing (no grubbing) individual trees at the direction of the Project Manager. Tree clearing shall be done in accordance with Article 204 of the Standard Specifications. The trees removed as part of this Bid Item shall be removed from the site and disposed of properly by the Contractor.

CONSTRUCTION METHODS

The Project Manager shall mark the trees to be removed in the field and shall review the individual trees to be removed with the Contractor prior to removing them.

The Project Manager may designate certain trees near or within the project boundary to be saved or protected with construction fencing under Bid Item (90001). Such trees shall be clearly marked in the field by the Project Manager.

METHOD OF MEASUREMENT

Tree Clearing shall be measured by Inch Diameter (I.D.).

BASIS OF PAYMENT

Tree Clearing shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description

3.3 BID ITEM 90003 VEGETATION AND DEBRIS REMOVAL

DESCRIPTION

Vegetation and Debris Removal work shall take place in approximately 3,300 square feet surrounding at the north end of the 4 pipes in this project. Work shall include removal, transportation, and disposal of all moved material. This bid item applies to the accumulated debris at the upstream end of the culverts. It is not intended to permit removal of live trees and shrubs other than those marked in bid Item 90002. Soil shall be tamped down after this work is completed. The Project Manager will flag or mark approximate project limits with stakes & colored paint.

METHOD OF MEASUREMENT

Vegetation and Debris Removal shall be measured by Lump Sum (LS).

BASIS OF PAYMENT

Vegetation and Debris Removal shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description..

3.4 BID ITEM 90004 HEAVY RIPRAP – GLACIAL FIELD STONE

DESCRIPTION

Work under this item includes all equipment, materials, labor, and incidentals required to provide and install an estimated seventy (70) tons of glacial field stone as shown in the plan set and described in these Special Provisions. The stone shall meet the sizing requirement defined in Article 212.2 of the Standard Specifications and have an average stone size of 18 inches.

Heavy Riprap- Glacial Field Stone shall be used in all locations where riprap is shown on the plan set.

All riprap shall be underlain with Riprap Filter Fabric Type HR. Provision and placement of this fabric shall be paid under the appropriate bid item. Fabric shall be placed, or modified, such that excess fabric is not visible beyond the stone boundary (no overhanging fabric).

The Contractor shall segregate larger boulders to be placed as ton stones, as shown on the plan set. The riprap shall be comprised of rounded, durable, glacial till that has been sorted for size and is not susceptible to freeze-thaw degradation. Crushed, blasted, or “made” stone will not be permitted on site.

Prior to placement, The Contractor shall submit sourcing information to the Project Manager.

The Project Manager, or their representative, may choose to evaluate the material at the source prior to acceptance.

NOTE: The Contractor shall salvage and replace existing stones within the project area that can be reused. The amount of imported material will vary between repair locations and amount of material salvaged. Before placing the riprap, the Contractor shall shape the bank sufficiently and this work may include removing vegetation and overhanging banks and material to create a flat surface for the new riprap. The Contractor may reuse excavated material free of roots, vegetation, and other deleterious material to reshape the bank. Any material that cannot be reused, shall be removed from the site by the contractor and properly managed. The Contractor and Project Manager shall agree on a method of measurement, based on field measurements, prior to stone re-use.

METHOD OF MEASUREMENT

Heavy Riprap- Glacial Field Stone shall be measured per TON of material provided, transported, and placed on site. Tonnage shall be determined by truck tickets.

BASIS OF PAYMENT

Heavy Riprap- Glacial Field Stone shall be measured as described above and shall be paid for at the contract unit price, which shall be considered full compensation for all work, materials, equipment, and incidentals necessary to salvage existing stone, grade the banks as necessary, and to source, transport, and place stone as defined in the plan set and these Special Provisions.

3.5 BID ITEM 90005 REATTACH TWO APRON END WALLS

DESCRIPTION

Work under this item shall include all labor, equipment, materials, and incidentals associated with reattaching one (1) apron end wall and the clamp which are stored on site and securing the other three (3) apron end walls to the pipes.

METHOD OF MEASUREMENT

Reattach Apron End Walls shall be measured by Lump Sum (LS).

BASIS OF PAYMENT

Reattach Apron End Walls shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description.

3.6 BID ITEM 90006 SITE RESTORATION

DESCRIPTION

The estimated area of disturbance as a result of this contract is 1,530 square yards.

Engineering recognizes that the ground will likely be frozen at the time of this project. To allow finish grading, proper seeding and restoration, if onsite material is frozen in clumps precluding the above work, the Contractor shall be required to import topsoil for finish grading to the site under Bid Item 90007. All disturbed areas as a result of this contract shall be restored in accord with the following:

• There should be sufficient topsoil on site to provide a growing medium for the No Mow seed mix. If the topsoil in the disturbed areas of the site gets compacted, the Contractor shall disc or loosen it before seeding and matting.

• Seed with No Mow Turf per the Standard Specifications section 207.2 (a). The estimated quantity of turf seed is 65 lbs.

• Stabilize with Erosion Control Matting, Class I, Type B Organic. The estimated quantity of erosion matting is 1,530 Square Yards.

The Contractor shall be responsible for removing all unusable material from the site and disposing of it in an appropriate manner.

METHOD OF MEASUREMENT

Site Restoration shall be measured by the Square Yard (SY) based on “Plan Quantity” without measurement thereof. The quantity was determined by measuring the access path and berm and adding 5% for overage.

BASIS OF PAYMENT

Site Restoration shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description.

3.7 BID ITEM 90007 ENGINEERED TOPSOIL

DESCRIPTION

Work under this item shall include providing and installing Engineered Soil as described in Section 211.2 (a) of the Standard Specifications. Work under this item shall include removal and proper offsite disposal of excess existing material. This bid item is intended for use only in the berm area over the 4 storm pipes if the existing topsoil is too frozen to be restored enough to prevent erosion during a rain event. The berm area is shown on the plan.

METHOD OF MEASUREMENT

Engineered Topsoil shall be measured by Square Yard (SY).

BASIS OF PAYMENT

Engineered Topsoil shall be measured as described above and shall be paid for at the contract unit price which shall be full compensation for all work, materials, tools, equipment, labor, hauling, placement, disposal and incidentals required to complete the work as set forth in the description.

4 REQUIRED INFORMATION AND CONTENT OF BIDS

a. Form A – Signature Affidavit

b. Form B – Receipt Forms and Submittal Checklist

c. Form C – Contractor Profile Information

d. Form D – Cost Proposal – Excel Spreadsheet

e. Form E – References

Rev. 07/28/2016-FormA-SignatureAffidavit.doc

Form A: Signature Affidavit

RFB #: 8862-0-2019-BG Grassman Pond Erosion Repair 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. 07/28/2016-FormB-Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

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

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Cost Proposal

Form E: References

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Attachment A: Grassman Pond Repair N/A

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/28/2016-RFB-FormC-VendorProfile.doc

Form C: Vendor Profile

COMPANY INFORMATION

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

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

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

If the selected contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more, the contractor will be required to file an Affirmative Action Plan and comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9)(e), within thirty (30) days contract signature. Vendors who believe they are exempt based on number of employees or annual aggregate business must file a request for exemption. Link to information and applicable forms:

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers

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.

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers

Rev. 07/28/2016-FormD-CostProposal.doc

Form D: Cost Proposal

Prepare the fee proposal as all inclusive, not-to-exceed, fixed fees:

• All Inclusive – Covers all direct and indirect necessary expenses including but not limited to;

travel, telephone, copying and other out-of-pocket expenses.

• Not To Exceed – The actual fees shall not exceed the amount specified in fee proposal.

• Fixed Fee – All prices, rates, fees and conditions outlined in the proposal shall remain fixed and valid for the entire length of the contract and any/all renewals.

Any pricing increases or additions must be agreed upon in writing by both parties.

Please see the Cost Proposal – Excel Spreadsheet.

Rev. 07/28/2016-FormE-References.doc

Form E: References

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

Form E: References

FormE-References.doc

REFERENCE #4 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 11.7.19.docx Page 1

CITY OF MADISON

(STC-Form: 12/18/2018)

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

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

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

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

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

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

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

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

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

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

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

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

7. Pricing and Discount.

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

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

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

9. Award.

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

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

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

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

Appendix A

STC 11.7.19.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

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

11. Cancellation.

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

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

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

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

12. Specifications.

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

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

13. Regulatory Compliance.

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

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

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

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

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

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

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

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

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

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

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

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