Truax_Landfill_-_Gas_Monitoring_&_Inspection_Maintenance_Services_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2023-RFP-062-PR

TRUAX LANDFILL - GAS MONITORING &

INSPECTION/MAINTENANCE SERVICES

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: April 14, 2023

DEADLINE FOR QUESTIONS: May 11, 2023

RESPONSE DEADLINE: June 2, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Dane

REQUEST FOR PROPOSAL

Truax Landfill - Gas Monitoring & Inspection/Maintenance Services

I. Introduction II. RFP Overview

III. Project Overview/Scope of Services IV. Evaluation V. RFP Reponses Requirements

VI. Pricing Proposal VII. Vendor Questionnaire

VIII. General Guidelines IX. Standard Terms and Conditions

Attachments:

A - Exhibit 1

B - Exhibit 2

C - Exhibit 3

D - Exhibit 4

E - Exhibit 5

F - Annual Inspection Form

G - WDNR - Envrionmental Plan Modification Approval - 7.13.2020

Request For Proposal #2023-RFP-062-PR Title: Truax Landfill - Gas Monitoring & Inspection/Maintenance Services

1. INTRODUCTION

1.1. Summary

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

The County intends to use the results of this process to award a contract or issue of purchase order for the product(s) and or services(s) stated: Truax Landfill Monitoring Services

The Dane County Purchasing Division is the sole point of contact for questions and issues that may arise during the RFP process.

1.2. Contact Information

Pete Patten

Purchasing Manager

Email: patten.peter@countyofdane.com

Phone: (608) 267-3523

Department:

Airport

1.3. Timeline

Release Project Date April 14, 2023

Question Submission Deadline May 11, 2023, 4:00pm

Question Response Deadline May 24, 2023, 4:00pm

Proposal Submission Deadline June 2, 2023, 2:00pm mailto:patten.peter@countyofdane.com tel:(608)267-3523

2. RFP OVERVIEW

2.1. CONTRACT TERM LENGTH

The contract shall be effective on the contract execution date and shall run for 5 year Term from that date.

2.2. CLARIFICATION OF THE SPECIFICATIONS

All inquiries concerning this RFP must be submitted via the County's eProcurement Portal.

Any questions concerning this RFP must be submitted before 4:00 pm on Thursday, May 11, 2023.

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

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 listed as County contacts in this RFP is authorized to provide any information or respond to any question or inquiry concerning this RFP.

2.3. CALENDAR OF EVENTS

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

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

2.4. SUBMITALL INSTRUCTIONS

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.

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

To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane

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

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

3. Provide company information

4. Answer Vendor Questionnaire

5. Where indicated upload the required documents.

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

7. Confirm all files have been uploaded

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

9. Acknowledge any addenda

3. PROJECT OVERVIEW/SCOPE OF SERVICES

The following definitions and links are used throughout the RFP.

County: Dane County

County Agency: Department/Division utilizing the service or product.

Dane County Purchasing website: www.danepurchasing.com

Fair Labor Practices websites: www.nlrb.govand http://werc.wi.gov

Proposer/Vendor/Firm/Contractor: a company submitting a proposal in response to this RFP.

3.1. ENGINEERING SERVICES - OPERATIONS, MAINTENANCE, MONITORING,

ANALYSIS, RECORD KEEPING & REPORTING

1. Unless otherwise expressly provided in the Scope of Work, Engineer shall provide services with respect to operations, maintenance, monitoring, analysis, record keeping and reporting as specified and required of Dane County in the following exhibit attachments:

a. EXHIBIT 1 - State of Wisconsin Department of Natural Resources document entitled Plan

Modification To Reduce Groundwater And Gas Probe Monitoring Requirements At The Dane County

Truax Landfill (#03306) FID 113183620, dated October 15, 2007. NOTE: (i) The services described in the foregoing Plan Modification document at Paragraphs 1, 2, and 3 in the section captioned Conditional

Plan Approval have been intentionally struck and are not applicable, and (ii) Table 1, also attached to the foregoing Plan Modification document, has been intentionally struck and is not applicable. NOTE

ALSO: Exhibit 5 below modifies the requirements set forth in Exhibit 1.

b. EXHIBIT 2 - Document entitled Appendix E, Landfill Gas Management System Operating Plan, dated February 1999.

c. EXHIBIT 3 - Map entitled Landfill Gas Extraction System, dated July 2014, showing system components referenced in other exhibits.

d. EXHIBIT 4 - Map entitled Groundwater Monitoring Locations. dated July 2014.

e. EXHIBIT 5 - Expedited Plan Modification, Reduction in Data Reporting, Dane County Truax

Landfill, WDNR License No. 3306, dated and submitted to WDNR on April 23, 2012. WDNR approval letter for the Expedited Plan Modification Request dated May 31, 2012.

2. Notwithstanding any requirement to the contrary contained in the referenced exhibits, Engineer is not required to monitor or analyze groundwater at the landfill site. Groundwater data will be provided to Engineer by others for inclusion in reports prepared by Engineer as required under the foregoing exhibits.

3. Notwithstanding any requirement to the contrary contained in the above referenced exhibits, Engineer is not required to analyze gas for VOC scan.

4. Notwithstanding any requirement to the contrary contained in the above referenced exhibits, Engineer is not required to provide gas condensate sampling and analysis. Data derived from gas condensate analysis will be provided to Engineer by others for inclusion in reports prepared by Engineer as required under the foregoing exhibits.

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

5. In addition to the services specified in the attached exhibits, Engineer shall provide the following services:

a. Lubricate blower bearings per manufacturer’s recommendations.

b. Inspect flare semiannually and clean ultra violet sensor as necessary.

c. Inspect extraction wells, extraction trenches, and valves monthly for evidence of integrity failure.

d. Inspect the condensate lift station and condensate levels monthly.

e. Inspect and clean condensate management system annually.

f. Perform gas extraction valve adjustments as necessary to minimize lateral subsurface gas migration.

g. Troubleshoot, adjust and restart the blower/flare system per the attached exhibits.

h. Monitor and report with respect to gas extraction wells N-4 and N-5 in the same manner that the attached exhibits specify as to gas extraction wells N-1, N-2, and N-3.

i. Record barometric pressure, air temperature, and barometric trend during all monitoring events required hereunder.

j. Report results of inspections and monitoring activities performed under this section (5) to the

Dane County Regional Airport.

k. Monitor and report with respect to gas extraction well W-16 (as shown on attached Exhibit 3) in the same manner that that the attached exhibits specify as to gas extraction wells W-1 through W-15.

l. Respond to restart the flare, as specified under the attached exhibits, within twenty four (24) hours of notice of flame failure.

6. Engineer shall on an annual basis, by January 1 of each year under the term of the Purchase of

Services Agreement, prepare and submit to the Dane County Regional Airport an itemized projected budget estimate for operation, repair and maintenance tasks at the Truax Landfill that need to be performed during next calendar year and are not included within the foregoing scope of services.

7. Engineer shall prepare and submit in an appropriate and timely manner all reports, plans, records, and documentation referred to in the above identified Exhibit 1 and Exhibit 2, as such may be modified under the plan modification request and approval attached as Exhibit 5. All submittals required under this Agreement shall be in a format that is acceptable to the recipient agency and shall contain all data and documentation required by said agency(s).

8. Engineer shall provide to the Dane County Regional Airport copies of all reports, plans, records, and documentation submitted to any governmental agency on behalf of the Airport or Dane County.

3.2. PROVISION REQUIRED BY FEDERAL LAW

The below provision is included in this RFB/RFP as required by federal law.

A. Title VI Solicitation Notice. The County, in accordance with the provisions of Title VI of the Civil

Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises or airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited

English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

The below provisions will be included in the final contract as required by federal law.

A. General Civil Rights Provisions. In all its activities within the scope of its airport program, the

Provider agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title

VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above binds the Provider and subcontractors from the bid solicitation period through the completion of the contract.

B. Compliance with Nondiscrimination Requirements. During the performance of this contract, the

Provider, for itself, its assignees, and successors in interest (hereinafter referred to as the “Provider”), agrees as follows:

1. Compliance with Regulations: The Provider (hereinafter includes consultants) will comply with the

Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Provider, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Provider will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Provider for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Provider of the Provider’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Provider will provide all information and reports required by the

Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by County or the

Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination

Acts and Authorities and instructions. Where any information required of Provider is in the exclusive possession of another who fails or refuses to furnish the information, the Provider will so certify to

County or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Provider’s noncompliance with the non-discrimination provisions of this contract, County will impose such contract sanctions as it or the Federal

Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Provider under the contract until the Provider complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Provider will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Provider will take action with respect to any subcontract or procurement as County or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the

Provider becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Provider may request County to enter into any litigation to protect the interests of

County. In addition, the Provider may request the United States to enter into the litigation to protect the interests of the United States.

C. Provisions of 29 CFR part 201. This Agreement and any contracts and subcontracts entered into under authority of this Agreement shall incorporate by reference the provisions of 29 CFR part 201, the

Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. Provider has full responsibility to monitor compliance with 29 CFR part 201. Provider must address any claims or disputes that arise from this requirement directly with the U.S. Department of

Labor – Wage and Hour Division.

D. Requirements of 29 CFR Part 1910. This Agreement and any contracts and subcontracts entered into under authority of this Agreement shall incorporate by reference the requirements of 29 CFR Part

1910, the Occupational Safety and Health Act of 1970, with the same force and effect as if given in full text. Provider and any subcontractors performing work under this Agreement shall provide a work environment that is free from recognized hazards that may cause death or serious physical harm to an employee. Provider shall comply with, and monitor the compliance of its subcontractors with, the

Occupational Safety and Health Act of 1970, and shall address any claims or disputes that pertain to such Act directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Title VI List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this contract, the Provider, for itself, its assignees, and successors in interest

(hereinafter referred to as the “Provider”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of

Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §

4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of

Disability in Programs or Activities Receiving Federal Financial Assistance);

• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and

Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms

“programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

• Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

4. EVALUATION

No. Evaluation Criteria Scoring Method Weight (Points)

1. Past Experience with Similar Projects Points Based 40 (38.1% of Total)

2. Project Personnel Qualifications and

Experience Points Based 30

(28.6% of Total)

3. Cost Points Based 30 (28.6% of Total)

4. Local Vendor Preference Points Based 5 (4.8% of Total)

5. RFP REPONSES REQUIREMENTS

1. RFP Response - Proposers shall upload and submit their proposal response document(s) via Question

#1 of the Vendor Questionnaire.

-The RFP Response shall be organized to comply with the section numbers and names as shown below.

Each section heading shall be clearly marked.

- Cover letters, cover pages and a Table of Contents may be included but are not required.

- Graphics may be included but are not required.

2. Cost Proposal Response

- Complete the Pricing Table located within the RFP posting. If there is no Pricing Table, then look for a

Cost Proposal attachment to download, complete and upload - see instructions below.

- If there is NOT a pricing table included within the RFP posting, then proposers shall download the Cost

Proposal attachment, complete it and then upload and submit the Cost Proposal response document(s) via Section 1.2 of the Vendor Questionnaire. This document shall be submitted in PDF Format.

All proposal documents must be saved in PDF format unless otherwise specified within the RFP document and the file name shall include the RFP# and name of business submitting proposal.

Example of how to name the files:

2023-RFP-025 – Vendor Name

2023-RFP-025 – Vendor Name - Cost Proposal

Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified.

Dane County is not liable for any cost incurred by proposers in replying to this RFP.

5.1. COVER LETTER

Please provide a cover letter from the person representing the Proposer for all contact during the review, evaluation, and contract negotiation process. At minimum, it should prominently include the project title, RFP#, and the name of proposing firm.

5.2. PAST EXPERIENCE WITH SIMILAR PROJECTS

a. Provide a list and detailed description of recent work done by the proposer involving monitoring, testing and maintaining landfill gas collection systems at closed landfills and the performance of tasks similar to those set forth in Scope of Work section, including the date the work was performed, a brief description of the work, and the name, address and telephone number of the client for whom the work was performed.

5.3. PROJECT PERSONNEL QUALIFICATIONS AND EXPERIENCE

a. Provide the address(es) of Proposer’s office(s).

b. Describe in detail the proposer’s qualifications, experience, business organization and resources. Include resumes of key staff and any consultants who will be providing the services described within this RFP.

c. Provide a statement identifying subcontractors, testing Lab(s), and testing methodology. List the name and address of any subcontractors and testing laboratories the proposer intends to use in performing the services described in the Scope of Work and describing the testing methodology the proposer intends to apply.

6. PRICING PROPOSAL

ANNUAL PRICING

Pricing shall be inclusive of all labor, delivery costs and other expenses necessary to provide services in accordance with the specifications and terms and conditions of this bid document and your proposal.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Term 1 - 2023 1 Per Term

2 Term 2 - 2024 1 Per Term

3 Term 3 - 2025 1 Per Term

4 Term 4 - 2026 1 Per Term

5 Term 5 - 2027 1 Per Term

TOTAL

HOURLY RATES

Identify by position title, proposer's employees who would provide the services described within this

RFP and the hourly rate charged for such services. For any unused columns, make sure to click "no bid".

Line Item Description Position Title Unit of

Measure Unit Cost No Bid

6 Add Position Title in next column Per Hour

7 Add Position Title in next column Per Hour

8 Add Position Title in next column Per Hour

9 Add Position Title in next column Per Hour

10 Add Position Title in next column Per Hour

11 Add Position Title in next column Per Hour

12 Add Position Title in next column Per Hour

Line Item Description Position Title Unit of

Measure Unit Cost No Bid

13 Add Position Title in next column Per Hour

14 Add Position Title in next column Per Hour

15 Add Position Title in next column Per Hour

16 Add Position Title in next column Per Hour

17 Add Position Title in next column Per Hour

18 Add Position Title in next column Per Hour

19 Add Position Title in next column Per Hour

20 Add Position Title in next column Per Hour

HOURLY RATE FUTURE PRICING

Provide % Increase for Hourly Rates for each Term listed. This only applies to the position titles/hourly rates pricing.

Line Item Description Percentage Unit of Measure

21 Term 2 - 2024 Increase

22 Term 3 - 2025 Increase

23 Term 4 - 2026 Increase

24 Term 5 - 2027 Increase

7. VENDOR QUESTIONNAIRE

7.1. ........................................................................................................ RF

P DOCUMENT UPLOADS

7.1.1. Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.2. Supplemental Document Upload

Upload any additional or required information documents that supplements this solicitation.

7.1.3. W9 Upload*

Upload your company's W9 form.

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

*Response required

7.2. ........................................................................................................ VE

NDOR INFORMATION

7.2.1. Local Vendor Preference *

Select a Local Vendor Preference:

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

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

Vendors located outside of Dane County and the 7 counties adjacent to Dane County would choose

"No Preference".

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

☐ No Preference

☐ Yes - Dane County

☐ Yes - Columbia County

☐ Yes - Dodge County

☐ Yes - Green County

☐ Yes - Jefferson County

☐ Yes - Iowa County

☐ Yes - Rock County

☐ Yes - Sauk County

*Response required

7.2.2. Fair Labor Practice Certification *

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

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

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

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

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

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

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

*Response required

7.2.3. Cooperative Purchasing*

Reference Guidelines - Section F.

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

☐ Yes

☐ No

*Response required

7.2.4. Designation of Confidential and Proprietary Information*

Please specify what information you wish to designate as confidential and proprietary. Please identify section/ pages/ topic /documents, etc.

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

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

*Response required

7.3. ........................................................................................................ RF

P ADDENDA

7.3.1. I understand that if any addendum is issued I will have to acknowledge the posted addendum. *

☐ Please confirm

*Response required

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

1. I will have to unsubmit my proposal response.

2. I will have to acknowledge the posted addendum.

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

Section.

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

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

☐ Please confirm

*Response required

7.4. ........................................................................................................ SI

GNATURE AFFIDAVIT

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

8. GENERAL GUIDELINES

8.1. REASONABLE ACCOMMODATIONS

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 proposal opening/vendor conference, contact the Purchasing Officer listed or call

WI Relay 711 for TDD Services.

8.2. ADDENDA & REVISIONS

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

It shall be the responsibility of the proposers to regularly monitor the web site for any such postings.

Proposers must acknowledge the receipt/review of any addendum(s) via the eProcurement Portal.

8.3. CONTRACT TERM & FUNDING

The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run until completion of the project.

8.4. MULTIPLE PROPOSALS

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 ePcourement Portal.

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

8.5. PROPOSAL ORGANIZATION & FORMAT

Proposers must respond to the Vendor Questionnaire via the eProcurement Portal and organize based on submission instructions.

8.6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION

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.

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

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

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.

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.

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.

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.

8.7. COOPERATIVE PURCHASING

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, 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.

On the Vendor Information page, 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.

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.

8.8. VENDOR REGISTRATION

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 code(s).

Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

Once registered, please check to make sure your vendor information including commodity codes is up-to-date by signing into your account at:

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

8.9. LOCAL PURCHASING ORDINANCE

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.

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

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

8.10. DANE COUNTY SUSTAINABILITY PRINCIPLES

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

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

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

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

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

8.11. FAIR LABOR PRACTICES CERTIFICATION

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

(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.

If you indicate that you have been found by the NLRB or WERC to have such a violation on the Vendor

Information page, you must include a copy of any relevant information regarding such violation with your proposal, bid or application.

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

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

8.12. PRELIMINARY EVALUATION

The proposals will first be reviewed to determine if requirements in Section 1 and Section 3 are met.

Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

8.13. PROPOSAL SCORING

Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in

Section 3 of the RFP document. 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 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.

8.14. ORAL PRESENTATIONS/INTERVIEW

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.

8.15. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

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

8.16. AWARD & FINAL OFFERS

The award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. 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.

8.17. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County may send a notification of award memo to responding vendors at the time of the award.

8.18. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

The Cost Proposal section of this RFP is a separate document and can be found on the www.danepurchasing.com as part of the posting for this RFP. The Cost Proposal section shall be completed and submitted separately from the RFP Response document.

The proposal will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

8.19. FIXED PRICE PERIOD

All prices, costs, and conditions outlined in the proposal shall remain fixed for 180 days.

9. STANDARD TERMS AND CONDITIONS

9.1. APPLICABILITY

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

9.2. ENTIRE AGREEMENT

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

9.3. DEFINITIONS

As used herein, “vendor” 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.

9.4. SPECIFICATIONS

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

9.5. 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.

9.6. QUALITY

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

9.7. QUANTITIES

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

9.8. DELIVERY

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

9.9. PRICING

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1 Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

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

9.10. ACCEPTANCE-REJECTION

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

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

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

TO THIS POLICY.

9.11. METHOD OF AWARD

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

9.12. ORDERING/ACCEPTANCE

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

9.13. PAYMENT TERMS AND INVOICING

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

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

9.14. TAXES

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

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

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

9.15. GUARANTEED DELIVERY

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

9.16. APPLICABLE LAW AND VENUE

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

9.17. ASSIGNMENT

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

9.18. NON-DISCRIMINATION/AFFIRMATIVE

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

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

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

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

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

Officer within fifteen (15) working days of the effective date of the contract. The County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

2. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the…