Supply_of_Desulphurization_Media_for_Renewable_Natural_Gas_Plant_(Addendum_#1_Revision).pdf

REQUEST FOR BID

2024-RFB-042-PR

SUPPLY OF DESULPHURIZATION MEDIA FOR RENEWABLE

NATURAL GAS PLANT

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: February 28, 2024

DEADLINE FOR QUESTIONS: March 13, 2024

RESPONSE DEADLINE: March 19, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Dane

REQUEST FOR BID

Supply of Desulphurization Media for Renewable Natural Gas Plant

I. Introduction II. Bid Guidelines and Overview

III. Contract Term IV. Bid Specifications V. Vendor Questionnaire

VI. Standard Terms and Conditions

Attachments:

A - Attachment A Bid Pricing Table

B - Attachment B Vacuum Vessel

C - Attachment C Bulk Vessels

D - Attachment D Polishing Vessels

Request For Bid #2024-RFB-042-PR Title: Supply of Desulphurization Media for Renewable Natural Gas Plant

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 bid response for the Supply of Desulphurization Media for Renewable Natural Gas

Plant.

Dane County Department of Waste & Renewables is soliciting bids for the supply and delivery of desulphurization media to the Dane County RNG Plant in Madison, WI. The objective is to source effective and cost efficient media for the removal of hydrogen sulfide (H2S) from the landfill gas at three separate operating conditions . Proposed removal media should demonstrate lowest overall cost of use considering material unit costs, removal efficiency, and change out frequency. Three distinct

Applications are presented for bidding with each having unique operating conditions and requirements.

All three Applications will operate or be available to operate during normal conditions.

Dane County will award the contract to selected Bidder for each application based on the response to the RFB and purchase initial shipment(s) of media during a one hundred eighty (180) acceptable period.

If the media does not perform as anticipated, Dane County reserves the right to terminate the contract and award to the next Bidder for the application.

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 biogas into pipeline quality natural gas that is injected into the interstate transmission pipeline. The RNG Plant is located at 7242

Maahic Way, Madison, Wisconsin, USA. W&R also owns and operates the County's active municipal solid waste landfill (Rodefeld Landfill) at the same property. The H2S removal systems on the landfill and in the RNG Plant are maintained and operated by RNG Plant staff to ensure the safe and reliable operation of the RNG facility.

1.3. Contact Information

Pete Patten

Purchasing Manager

Email: patten.peter@countyofdane.com

Phone: (608) 267-3523

Department:

Waste & Renewables

1.4. Timeline

Desired Bid Release Date (Central Time) February 28, 2024 mailto:patten.peter@countyofdane.com tel:(608)267-3523

Vendor Conference (Central Time) (Non-

Mandatory)

March 12, 2024, 10:00am

Microsoft Teams meeting. Link will be posted and distributed before meeting time.

Vendor Question Submission Deadline

(Central Time)

March 13, 2024, 4:00pm

Question Response Deadline (Central Time) March 15, 2024, 4:00pm

Proposal Submission Deadline (Central

Time)

March 19, 2024, 2:00pm

2. Bid Guidelines and Overview

2.1. GENERAL SOLICITATION PROCESS

1. REASONABLE ACCOMMODATIONS

A. 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 Purchasing Officer listed or call WI Relay 711 for TDD Services.

2. VENDOR REGISTRATION

A. Interested vendors 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 codes as well as providing the County with up-to-date company contact information.

B. 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.

3. CALENDAR OF EVENTS

A. Specific and estimated dates and times of actions related to this solicitation are listed in the timeline in the Introduction Section. 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.

4. CLARIFICATION OF THE SPECIFICATIONS / QUESTIONS

A. All inquiries concerning this solicitation must be submitted via the County's eProcurement

Portal.

B. Questions must be submitted before 4:00 pm on Wednesday, March 13, 2024.

1. Requests submitted after that time frame will not be considered.

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

D. Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane listed as County contacts on this solicitation is authorized to provide any information or respond to any question or inquiry concerning this solicitation.

5. ADDENDA & REVISIONS

A. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the

County's eProcurement Portal. Bidders 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. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

B. The Purchasing Division has the sole authority for modifications to specifications and/or the solicitation document.

6. INSPECTION OF PREMISES/VENDOR SITE VISIT - when applicable

A. When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Pete Patten. Failure to do so will in no way relieve the successful bidder 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.

2.2. BID / PROPOSAL SUBMISSION

Dane County strongly encourages all vendors to submit proposals well in advance of the solicitation deadline. By doing so, if there are any technical difficulties, there is time to attempt to resolve the situation before the deadline. Late bids will not be accepted.

If there are technical difficulties while trying to submit, first, contact OpenGov Support by clicking into the small blue circle on the bottom, right side of your screen while logged into the OpenGov system.

1. SUBMITTAL INSTRUCTIONS

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

B. Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Tuesday, March 19, 2024. 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 solicitation.

C. To Submit a Proposal:

1. Register at the County's eProcurement Portal at 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

2. Click on the green "+Subscribe" button on the left side of the screen and proceed to create an account or sign in if an account already exists.

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

4. Provide company information

5. Complete the entire Vendor Questionnaire

6. Where indicated, upload the required documents.

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

8. Confirm all files have been uploaded

9. Review your work and click on "submit" proposal

10. Acknowledge any addenda

2. MULTIPLE PROPOSALS & ACCEPTANCE

A. 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.

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

3. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

A. The Cost Proposal section of this solicitation will either be incorporated into the system as a

Pricing Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section.

B. Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

4. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

A. The County reserves the right to accept any part of a submission deemed to be in the best interest of the County and 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.

2.3. VENDOR QUESTIONNAIRE DEFINITIONS

1. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFBs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

mailto:procurementsupport@opengov.com

A. Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally

Operated Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and Owned Vendor declines to match the low bid, then the County will determine if a Locally

Operated Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated

Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated

Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-

Locally Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally

Operated Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

2. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFPs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

A. Under County ordinances, a Local Vendor is defined as a supplier or provider of 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.

1. County ordinance provides that a local vendor (within Dane County) automatically receive five points toward the evaluation score.

2. County ordinance provides that vendors located within the counties adjacent to Dane County

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

3. LOCAL CONTENT VENDOR PREFERENCE - generally only applicable to RFBs - DOES NOT APPLY TO

PUBLIC WORKS BIDS

A. Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations. Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local

Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

B. A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-

Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

4. FAIR LABOR PRACTICES CERTIFICATION

A. Dane County Ord. 25.09 (1) is as follows:

1. (28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations

Board (NLRB) or the Wisconsin Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years.

The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

B. If a company indicates that they have been found by the NLRB or WERC to have such a violation in the Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

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

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

5. COOPERATIVE PURCHASING

A. Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, https://www.nlrb.gov/ http://werc.wi.gov/ board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s.

16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis.

Stats.

B. In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

C. Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION - generally only applicable to RFPs

A. All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of

Confidential and Proprietary Information” section.

B. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

C. Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

D. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect. 134(80)(1)(c) Wis. State Statutes, as follows: "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.

E. To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

F. In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

G. Failure to designate confidential and proprietary information within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment.

2.4. EVALUATION

1. PRELIMINARY EVALUATION

A. The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements may 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.

2. PROPOSAL SCORING - applicable to RFPs

A. Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require a Phase 2 Evaluation which may include oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.RFP Cost Proposal's will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

3. ORAL PRESENTATIONS/INTERVIEW - applicable to RFPs

A. Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

2.5. AWARD

1. RFB AWARD

A. The County will award the bid to the most responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

B. 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.

2. RFP AWARD

A. An RFP award will typically be granted in one of two ways.

1. The award may be granted to the highest scoring responsive and responsible proposer.

2. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

B. 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.

3. PAYMENT TERMS AND INVOICING

A. 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.

B. 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.

4. NOTIFICATION OF INTENT TO AWARD

A. Upon finalizing the award, a notification email may be sent via the OpenGov system showing the awarded vendor(s).

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

C. 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.

5. CERTIFICATE OF INSURANCE

A. 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.

B. 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.

C. Indicate mailing address as:

o County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

D. 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.

E. Call 608-266-4965 with any questions.

6. PERMITS & LICENSES

A. The Contractor selected under this bid 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.

B. 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.

7. SATISFACTORY WORK

A. 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. GOVERNMENT STANDARDS

A. 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. Bidders shall comply with all local, state and federal regulations, directives and laws.

9. DANE COUNTY SUSTAINABILITY PRINCIPLES

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

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

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

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

2.6. CONTRACTING

1. CONTRACT/PROJECT ADMINISTRATION

A. The County department(s) utilizing the service will be responsible for drafting, 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 to the Purchasing Division.

2. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A. 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.

3. 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:

1. The County Purchasing Officer 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 bid 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.

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

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

4. CONTRACT TERMINATION

A. 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.

3. Contract Term

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date.

If applicable, any optional or renewal terms are not automatic extensions. Renewal terms must be agreed upon mutually by Dane County and Supplier.

Anticipated Contract Terms

Term 1: March 2024 - December 31, 2024

Term 2: January 1, 2025 - December 31, 2025

Term 3: January 1, 2026 - December 31, 2026

Term 4: January 1, 2027 - December 31, 2027

Term 5: January 1, 2028 - December 31, 2028

4. Bid Specifications

Dane County as represented by the Purchasing Division will accept bids for the purchase of specified item(s) as described within this document.

The specifications below describe an acceptable product. Minor variations in specification may be accepted if, in the opinion of County staff, they do not adversely affect the quality, maintenance or performance of the item(s). Dane County reserves the right to accept or reject any and all bids, to waive informalities and to choose the bid that best meets the specifications and needs of the County.

Specification Compliance:

1. Bidder shall review every numbered specification listed within this section.

2. Any deviation from the minimum specifications stated herein must be identified in detail in the Bid

Spec Deviations section of the Vendor Questionnaire and must include a description of how the proposed item(s) differ from the bid specification requirements, along with detailed justification for such deviation.

3. Bidder shall include photos and schematics as necessary, for complete clarification. If additional documents are needed to explain and illustrate deviations, upload that file to the Supplemental

Documents section of the Vendor Questionnaire.

4.1. General Specifications

General specifications shall be applicable to all bids for all Applications. Respondents may bid on one or more Applications and may make multiple bids with different media for a given Application.

A. All bidders on this project must have been in the business of manufacturing or distributing media for the purpose of hydrogen sulfide (H2S) removal for not less than three (3) years and must be able to supply evidence the proposed product(s) for H2S removal has been successfully used on a least five (5) landfill gas projects similar to this scope of work within the last five (5) years.

B. All bidders shall download pricing table template, Attachment A - Bid Pricing Table, fill in information, and upload as part of bid response. Only items 1-3 will be used to evaluate bid costs or performance expectations during Acceptance Testing Period. Items 4-5 are for informational purposes only.

1. Price per pound for media from nearest stocking location excluding shipping

2. Predicted weight by weight percentage H2S loading for listed nominal conditions

3. Predicated media bed life for listed nominal conditions

4. Predicted weight by weight percentage H2S loading for listed maximum conditions

5. Predicted media bed life for listed maximum conditions

C. The successful bidder shall be able to provide first delivery of media to the site no more than 15 working days from the date of the notice to proceed.

D. Subsequent shipments of media should be able to be delivered within 15 working days of an order from the County.

E. Media shall be provided in bulk bags constructed to be lifted from above by crane, hoist, or bulk bag forklift attachment. Bulk bags shall include a spout bottom to facilitate unloading.

F. Media shall be suitable for disposal at a permitted municipal solid waste landfill.

G. Used media should not contribute to the formation of H2S after re-introduction into the waste mass.

H. Bidder to provide:

1. All necessary labor and equipment to supply and ship media to RNG Plant 7242 Maahic Way

Madison, WI 53718 or alternate location within 5 miles of

2. Designated person(s) for technical support as needed to troubleshoot operational issues and questions for use of supplied media

3. Facilitate analytical testing of spent media and analysis required to determine weight by weight loading results

I. Dane County to provide:

1. Labor and equipment to receive unload media upon delivery

2. Labor and equipment to perform media change outs

3. Disposal of used media

4. Waste profile analysis of spent media following the initial change out to verify that the spent media is not classified as a RCRA hazardous waste

5. Third party fees for analytical testing

4.2. Application 1 - Landfill Vacuum Vessels

In Application 1, raw landfill gas is treated in the landfill gas collection system under vacuum in order to moderate H2S levels going to the plant during normal operation and as backup to RNG Plant systems.

Dane County operates a total of four vacuum vessels on the landfill, in two separate lead lag units.

Specifications for Application 1 are:

A. Media shall be compatible with the vessels available onsite. Vessels consist of four (4) twenty-five (25) cubic yard roll off style vacuum adsorption vessels operated in lead-lag configuration.

Usable media volume is approximately three hundred fifty (350) cubic feet. Vessels are corrosion resistant with three (3) 36" manways and rear access door. Refer to Attachment B -

Vacuum Vessel drawings.

B. Operation of vacuum vessels is completed without flow measurement, oxygen control, or active online instrumentation. Vendor shall state any requirement for these or similar process measurements for the safe and efficient use of media.

C. For the purposes of estimating media usage, double the results for nominal conditions to account for the two lead lag units.

D. Media shall be compatible with full range gas conditions listed. Gas conditions are shown as range of each individual values and not a minimum or maximum loading condition (i.e.

boundary condition for H2S removal capacity. Estimates for removal capacity, media usage, and change out frequency should use nominal conditions unless specifically requested otherwise. Application 1 Gas Conditions UnitsMinimumNominalMaximumMethanemol

%455055Carbon Dioxidemol %354045Nitrogenmol %4812Oxygenmol %0.200.350.50Lead Inlet

H2S ppmv2,0005,00010,000Lag Outlet H2S ppmv2,500 allowedWater rhSaturated, condensingFlow (per lead/lag unit)scfm1006001,000Unit Outlet Pressurein WC-50-40-

25Temperature°F6080110

4.3. Application 2 - Bulk Removal Vessels

In Application 2, raw landfill gas is compressed, air to gas cooled, and liquid knockout before treatment for bulk removal of H2S. This is first step in biogas upgrading process. Dane County has procured and will install a new two (2) new vessel single lead lag unit. Specifications for Application 2 are:

A. Media shall be compatible with the planned vessels. Vessels consist of two vertical cylindrical vessels operated in lead-lag up flow configuration and fabricated from stainless steel. Usable media bed is approximately twelve (12) feet in diameter, twenty-two (22) feet high, and two thousand four hundred (2,400) cubic feet. Refer to Attachment C - Bulk Removal Vessel drawings.

B. Operation of bulk vessels will be with online measurements including oxygen, pressure, temperature, and H2S levels. Controlled cooling with 10F degree approach to ambient is also provided. Bidder shall state any requirement for these or other process measurements for the safe and efficient use of media.

C. Operational variances for Application 2 present a specific deviation that may impact H2S removal and media selection. Bidder to confirm if and how condition impacts media selection, operation, or loading efficiency.

1. Oxygen and H2S levels may exist at less than one to one ratio.

D. Gas conditions are shown as range of each individual values and not a minimum or maximum loading condition (i.e. boundary condition for H2S removal capacity. Estimates for removal capacity, media usage, and change out frequency should use nominal conditions unless specifically requested otherwise. Application 2 Gas

Conditions UnitsMinimumNominalMaximumMethanemol %455055Carbon Dioxidemol

%354045Nitrogenmol %4812Oxygenmol %0.200.350.50Lead Inlet

H2Sppmv2,0003,5006,000Lag Outlet H2S ppmv200 allowedWater rh

%75%95%100%Flowscfm1,0002,0003,000Unit Inlet

Pressurepsig2.02.54.0Temperature°F6080110

4.4. Application 3 - Polishing Vessels

In Application 3, a mixture of landfill gas is mixed with partially upgraded product gas, compressed up to treatment pressure, and chiller dehydrated before final polishing. Dane County operates a total of two

H2S polishing vessels within the RNG plant, in a single lead lag unit. The H2S polishing unit currently operates upstream of VOC polishing but can operate after VOC polishing. In Application 3, total lifecycle cost is equally important to reliable H2S removal. Breakthrough of H2S out of lag unit is intolerable to operation and requires partial or complete production stop. Specifications for Application 3 are:

A. Media shall be compatible with the vessels available onsite. Vessels consist of two vertical cylindrical vessels operated in lead-lag down flow configuration and fabricated from stainless steel. Usable media bed is approximately five (5) feet in diameter, twelve (12) feet high, and two hundred thirty (230) cubic feet. Refer to Attachment D - Polishing Vessel drawings.

B. Operation of polishing vessels is completed with online measurements including oxygen, pressure, and temperature. Course control of temperature is also provided. Bidder shall state any requirement for these or other process measurements for the safe and efficient use of media.

C. Operational variances for Application 3 present a specific deviation that may impact H2S removal and media selection. Bidder to confirm if and how condition impacts media selection, operation, or loading efficiency.

1. Gas relative humidity is not directly measured or controlled and may deviate to high and low conditions for multiple hours at a time.

D. Gas conditions are shown as range of each individual values and not a minimum or maximum loading condition (i.e. boundary condition for H2S removal capacity. Estimates for removal capacity, media usage, and change out frequency should use nominal conditions unless specifically requested otherwise. Application 3 Gas

Conditions UnitsMinimumNominalMaximumMethanemol %455055Carbon Dioxidemol

%354045Nitrogenmol %4812Oxygenmol %0.100.250.40Lead Inlet H2Sppmv0100300Lag Outlet

H2Sppmv0 allowedWater rh20%50%80%FlowSCFM1,5002,5003,500Unit Inlet

Pressurepsig130145155Temperature°F407090

4.5. Additional Information Required

The following information shall be provided and uploaded to Supplemental Documents section of

Vendor Questionnaire for each bid submission and each Application proposed:

A. Safety Data Sheet for the proposed material(s), showing the CAS number of the material

B. Grain size analysis, physical and chemical properties and photos of the raw and spent material(s)

C. Storage and handling recommendations or requirements

D. Calculated value, estimates, table, chart, or other information necessary to estimate pressure drop through media med at nominal conditions

E. Calculated value or estimated value of flow velocity and/or empty bed contact time; and comparison to required or suggested values for the each media

F. Evidence and/or testimony that disposal of spent product does not significantly contribute to formation of H2S gas when reintroduced to landfill waste mass

G. Project reference list with operating conditions

H. Location of domestic stockpiles or storage locations, and any limitations on deliverable quantities

I. Source of raw material, manufacturing location, a description of the process and capacity of the manufacturing facility. The County reserves the right to inspect the manufacturing and/or storage locations

J. Contact information and resumes of customer sales and technical representative. Resumes should demonstrate experience with similar landfill gas applications

4.6. Acceptance Testing Period

The County reserves the right to purchase and test media for a period of up to one hundred and eighty

(180) days prior to final acceptance to determine that the product performs in agreement with bid specifications and predicted performance. In the event of failure to perform County may select another

Supplier from the submitted bids. Failure by the Supplier to provide a product that performs as stated in their bid response may result in rejection by the County. If Supplier has any exceptions to this clause, they must be stated clearly in the response.

5. Vendor Questionnaire

5.1. BID DOCUMENT UPLOADS

5.1.1. Upload supplemental documents

Upload any additional or required information documents that supplements the bid submission.

5.1.2. Upload pricing table here*

*Response required

5.1.3. Upload W9*

Upload your company's W9 form.

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

*Response required

5.2. VENDOR INFORMATION

5.2.1. Local Content Vendor Preference*

Select a Local Content Vendor Preference:

Dane County Made Criteria:

1. An article that is manufactured, mined, produced or grown in the Dane County and;

2. Over 50% of the total cost of its components are made in Dane County.

Regionally Made Criteria:

1. An article that is manufactured, mined, produced or grown in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk and;

2. Over 50% of the total cost of its components are made in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

Wisconsin Made Criteria

1. An article that is manufactured, mined, produced or grown in the State of Wisconsin and;

2. Over 50% of the total cost of its components are made in the State of Wisconsin.

NOTE: “Component”, as referenced in the above criteria, means an article, materials, or supply incorporated directly into a finished product.

☐ Dane County-Made

☐ Regionally-Made

☐ Wisconsin-Made

☐ No Preference

*Response required

5.2.2. Local Vendor Preference *

Select a Local Vendor Preference:

Locally Based and Owned Vendor Criteria

1. Your business or corporate headquarters is physically located in Dane County and;

2. Your business owners or shareholders totaling more than 50% of ownership live in Dane County and;

3. Your business is registered and authorized to do business in the State of Wisconsin.

Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business within Dane County.

Non-Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business in one of the following Wisconsin Counties:

Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

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

☐ Locally Based & Owned Vendor

☐ Locally Operated Vendor

☐ Non-Locally Operated Vendor

☐ No Preference

*Response required

5.2.3. Cooperative Purchasing*

Reference General Guidelines - Section 8.

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

☐ Yes

☐ No

*Response required

5.2.4. 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.

http://www.nlrb.gov/ 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

5.3. BID SPECIFICATIONS

5.3.1. Bid Specifications*

Vendor complies and agrees to all Bid Specifications listed on the Bid Specifications Page.

☐ Yes

☐ No

*Response required

5.4. BID DEVIATIONS

5.4.1. Specification Deviations*

If there are no specification deviations, write in "None"

If there are specifications deviations, provide the Spec # and deviation explanation for each deviation.

5.5. BID ADDENDA

5.5.1. I understand that if any addendum is issued I will have to acknowledge the posted addendum. * ☐ Please confirm

*Response required

5.5.2. If an addendum is posted after I have submitted my bid 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 bid 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 bid response.

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

☐ Please confirm https://procurement.opengov.com/portal/countyofdane/projects/67139?section=591454 https://help.procurement.opengov.com/en/articles/4413350-managing-addenda

5.6. SIGNATURE AFFIDAVIT

5.6.1. Solicitation Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed 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/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

6. Standard Terms and Conditions

6.1. 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.

6.2. 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.

6.3. DEFINITIONS

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

6.4. 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 bid.

6.5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid 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.

6.6. QUALITY

Unless otherwise…