RFP 4843

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RFP 4843

  1. 1. Request for Proposal (RFP) for County of Dane, Wisconsin Department of Planning & Development Planning Division RADIO FREQUENCY ENGINEERING SERVICES RFP #4843 Proposals Must Be Submitted No Later Than THURSDAY, JUNE 14, 2001 @2:00 P.M. For further information regarding this RFP, contact June Buchanan at (608) 266-4133. Issued by: Dane County Purchasing Division Department of Administration May 9, 2001 FAX AND LATE PROPOSALS WILL BE REJECTED # 4843
  2. 2. Dane County Vendor Registration Program All bidders wishing to submit a bid/proposal must be a paid registered vendor with Dane County prior to the bid opening. You can complete a registration form online by visiting our web site at http://www.co.dane.wi.us/purch/purch.htm, or you can obtain a Vendor Registration Form by calling 608.266.4131 Your completed Vendor Registration Form and Registration Fee must be received prior to the bid opening for your bid to be considered for an award. # 4843
  3. 3. TABLE OF CONTENTS 1.0 GENERAL INFORMATION 1.1 Introduction and Background 1.2 Scope of the Project 1.3 Procuring and Contracting Department/Division 1.4 Definitions 1.5 Clarifications, Supplements, and/or Revisions to the Specifications and Requirements 1.6 Reasonable Accommodations 1.7 Calendar of Events 1.8 Contract Term and Funding 2.0 PREPARING AND SUBMITTING A PROPOSAL 2.1 General Instructions 2.2 Proprietary Information 2.3 Incurring Costs 2.4 Submitting the Proposal 2.5 Proposal Organization and Format 2.6 Multiple Proposals 2.7 Oral Presentations and Demonstrations 3.0 PROPOSAL SELECTION AND AWARD PROCESS 3.1 Preliminary Evaluation 3.2 Proposal Scoring 3.3 Right to Reject Proposals and Negotiate Contract Terms 3.4 Evaluation Criteria 3.5 Award and Final Offers 3.6 Notification of Intent to Award 4.0 GENERAL PROPOSAL REQUIREMENTS 4.1 Organization Capabilities 4.2 Staff Qualifications 4.3 Proposer References 5.0 TECHNICAL REQUIREMENTS 5.1 Section 1.2.1 Description of Services 5.2 Radiofrequency Engineering Experience 5.3 Presentation of Material 5.4 Time for Technical Review 6.0 COST PROPOSAL 6.1 General Instructions on Submitting Cost Proposals 6.2 Format for Submitting Cost Proposals 6.3 Fixed Price Period 7.0 SPECIAL CONTRACT TERMS AND CONDITIONS 7.1 Payment Requirements 7.2 Living Wage REquirement # 4843
  4. 4. 8.0 REQUIRED FORMS ATTACHMENTS A. Signature Affidavit B. Vendor Data Sheet C. Reference Data Sheet D. Designation of Confidential and Proprietary Information E. Cost Summary Page 9.0 STANDARD TERMS & CONDITIONS NOTIFICATION OF LIVING WAGE REQUIREMENT EXHIBITS: Exhibit 1: Map of Dane County. Exhibit 2: Dane County Resolution 289, 2000-2001. Exhibit 3: Section 10.194, Procedure and Standards for the Placement, Construction or Modification of Communication Towers, of the Dane County Code of Ordinances. Exhibit 4: Summary of Rezone and Conditional Use Permitting Processes in Dane County and Dane County Zoning and Natural Resources Committee 2001 Meeting Schedule: 4A. General Flowchart of the Zoning Process 4B. 2001 Zoning and Natural Resources Committee Meeting Schedule. 4C. Zoning Process Overview. 4D. Rezoning Process. 4E. Conditional Use Permitting (CUP) Process. Note: Exhibits are available by mail or fax. E-mail your FAX number or mailing address to purchasing@co.dane.wi.us, or call 608.266.4131. # 4843
  5. 5. 1.0 GENERAL INFORMATION 1.1 Introduction and Background 1.1.1 Purpose of the RFP The purpose of this request for proposals (RFP) is to solicit information from radiofrequency engineering firms to provide technical guidance to Dane County on radiofrequency engineering issues, primarily as they relate to zoning applications for new communication towers. County staff do not possess these skills and are unable to provide technical guidance on RF issues to local decision makers, particularly to Dane County towns and to the Dane County Zoning and Natural Resources Committee. The written proposals submitted in response to this RFP will serve as the basis on which consultants will be selected for formal interviews. 1.1.2 Dane County Setting Dane County is located in southcentral Wisconsin, approximately 77 miles west of the City of Milwaukee, Wisconsin and approximately 146 miles northwest of the City of Chicago, Illinois. Dane County is approximately 1,200 square miles in area and contains roughly 427,000 people according to 2000 United States Census Bureau estimates. Exhibit 1 to this RFP contains a map of Dane County. The County is divided into 61 local jurisdictions: There are 27 incorporated municipalities (i.e. cities and villages) and 34 rural, unincorporated towns. Each of the 27 cities and villages have their own zoning and land division regulations and are not under County zoning. The City of Madison is Dane County’s central city, which comprises about one-half of the County’s population. Madison is the State Capitol, the County Seat, and home to the University of Wisconsin. The 34 unincorporated rural towns are all under County zoning and together comprise the land area under Dane County’s zoning jurisdiction. The towns contain approximately 18 percent of the County’s population and 87 percent of the County land area. 1.1.3 Wireless Communication Issue and History. The activities leading up to this RFP began roughly in the fall of 2000 when there was a rapid increase in the number of applications for conditional use permits (CUPs) for new communication towers. These applications were submitted to the County for approval by the Dane County Zoning and Natural Resources Committee (ZNR). 1 In Dane County, both County and town decision makers are involved in the zoning approval process. In regard to CUPs, towns make an advisory recommendation to the ZNR, the official County body that grants the CUPs. Consequently, Dane County town boards and plan commissions also began experiencing a rapid increase in the number of communication tower inquiries by wireless communication industry representatives. Both the towns and the County were unprepared to effectively manage, review, and regulate this increased volume of wireless communication facility activity. As a result, the Dane County Planning and Development Department and the Dane County Towns Association jointly sponsored a wireless communication facility symposium on January 31, 2001. This symposium provided information to town board and plan commission members and other interested parties on: the 1996 Telecommunications Act; wireless communication technology and the growth of the industry from an industry perspective; Section 10.194 of the Dane County Code of Ordinances (i.e. the section of Dane County’s ordinances regulating communication towers); and a summary of ways in which County Planning and Development Department staff were planning to respond to this issue. Twenty-eight (28) out of Dane County’s 34 towns were represented at the symposium. Most of the 1 Communication towers are only authorized in Dane County as a conditional use via a conditional use permit (CUP) in only the following six districts: A-1 Agriculture (non-exclusive), A-2 Agriculture, C-1 Commercial, C-2 Commercial, M-1 Industrial, and CO-1 Conservancy. Communication towers are not allowed at all in the A-1 Agriculture (Exclusive) District, which is the predominant zoning district in 30 out of Dane County’s 34 towns. Communication towers are allowed via a CUP in the A-1 Agriculture (non-exclusive) District that exists only in the towns of Bristol, Burke, Middleton, and Springdale. #4843 -1-
  6. 6. event’s time was dedicated to a question-and-answer period, during which time town representatives in attendance expressed a clear desire to have more information at their disposal prior to making a decision, particularly a desire for objective RF engineering review. This symposium was held on a Wednesday evening. At the Dane County Board of Supervisors meeting the next evening, Resolution 289, 2000-2001 was introduced (see Exhibit 2). This resolution was approved by the Dane County Board on March 22, 2001. Among other things, this resolution imposed a 90 day suspension of action2 on CUPs for new communication towers to allow the County to complete a number of tasks designed to respond to this issue. Among these tasks, Planning and Development Department staff were charged with enacting a contract with an RF engineering firm (or firms, as may be needed) to provide technical analysis to aid in the review of petitions for new communication towers. 1.2 Scope of the Project 1.2.1 Description of Services The services to be provided by the consultant include the following five subject areas, which are further refined under each item below. These five subject areas together comprise the primary scope of work around which the consultant should structure a proposal (see Section 2.5, Proposal Organization and Format, of this RFP). 1.2.1.1 Technical Reports on Zoning Applications for New Communication Towers Content. The consultant will prepare standardized (i.e. in a consistent format) reports on conditional use permit (CUP) applications for new communication towers. Section 10.194, Procedure and Standards for the Placement, Construction, or Modification of Communication Towers, of the Dane County Code of Ordinances (see Exhibit 3), which went into effect in 1997, governs the placement of new communication towers in Dane County. In order to construct a new communication tower in one of Dane County’s unincorporated rural towns, applicants must in part build their case around s. 10.194(2), which reads as follows: “(2) No conditional use permit for the placement or construction of a tower shall be issued unless the applicant presents to the committee credible evidence establishing to a reasonable degree of certainty the following: (a) No existing communication tower is located within the area in which the applicant's equipment must be located; or (b) No existing communication tower within the area in which the applicant's equipment must be located is of sufficient height to meet applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; or (c) No existing communication tower within the area in which the applicant's equipment must be located has sufficient structural strength to support applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or (d) The applicant's equipment would cause electromagnetic interference with equipment on the existing communication tower(s) within the area in which the applicant's equipment must be located, or the equipment on the existing communication tower(s) would cause 2 This 90-day suspension of action will expire on June 20, 2001. The option was left open in the resolution to expand the time period up to a maximum of 180 days (i.e. an additional 90 days) if more time is required to complete the assigned tasks. The 180-day time period would end on September 18, 2001. #4843 -2-
  7. 7. interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or (e) The fees, costs or contractual provisions required by the owner in order to collocate on an existing communication tower are unreasonable relative to industry norms; or (f) The applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new communication tower. The primary focus of these reports will be to determine if the applicants have met these criteria. Ultimately, the CUP application form for new communication towers, which is currently under review, will request information framed within the context of s. 10.194(2): The technical reports will then parallel and directly respond to the case made under this subsection. There are other relevant requirements of s. 10.194 with which the consultant should become familiar, but this subsection is the first and primary issue to which applicants for new communication towers must respond. The technical reports will include, but not necessarily be limited to, such factors as: 1. Validate RF information submitted by the applicant. The technical reports will provide an objective review of and check on the RF propagation plots provided by applicants for new communication towers. 2. Comment on alternative ways of addressing a particular service area void. The technical reports will include an assessment of whether or not there are alternative ways of addressing a particular service area void that may be more politically palatable to local decision makers and area residents. Such an evaluation should explore opportunities for collocation on existing, surrounding structures and modifications to the proposed facility in terms of such things as tower height, lighting, design, and siting. This evaluation may also take into account the visibility of the tower from key locations surrounding the site and any other relevant factors that contribute to a lower impact buildout of wireless communication networks. Additional Items. Additional items may be included in these reports as recommended by the consultant and ultimately included in the contract for services agreement between the consultant(s) and Dane County. The consultant shall submit both a hardcopy and a digital version of each report to the County. Zoning Process and Timing. The technical reports will be provided to the respective towns and the Zoning and Natural Resources Committee within the framework of the town and County zoning approval process. As indicated above, the towns and the County are partners in the zoning approval process. Exhibit 4 contains information regarding this process. In a nutshell, the relevant portion of the process consists of an application deadline and a Public Hearing by the Dane County Zoning and Natural Resources Committee; applications are made at the Zoning Counter of the Dane County Planning and Development Department. There are typically seven weeks (49 days) between the application deadline and the Public Hearing. During this time, notice of the application is sent to the towns, and the towns are afforded an opportunity to act upon the CUP petition and forward its recommendation to the County prior #4843 -3-
  8. 8. to the Public Hearing. The ZNR has a policy that it will not act on a zoning petition without town action. If town action has not been completed, then the ZNR postpones action on the petition. The County’s intent is to package all new communication tower CUP applications and forward them to the consultant within a few days of the application deadline closing. The consultant will then have some time period (e.g. three weeks) to complete the technical reports on the petitions and forward the reports back to County staff. The reports will then be forwarded to the respective town(s) to be included in their deliberations prior to the ZNR Public Hearing. The CUP application process for new communication towers is being reviewed and modified. Subsequently, the details of this timing are still being discussed and will ultimately be finalized prior to the contract for services agreement being executed between the County and the consultant. The consultant should provide estimates of its report production capacity in two slightly different ways: 1) outline how much time in hours would be needed (on average) to complete one standard report, and 2) outline how many reports could be produced (on average) within a three-week time period. Ultimately, a fixed time frame will be established. Three weeks is a possible, but not definite, desired turnaround time. 1.2.1.2 Backlog of Conditional Use Permit Applications Backlog Issue. Due to the suspension of action on new communication tower CUPs imposed by Resolution 289, 2000-2001, there is currently a backlog of CUP applications for new towers. As of the drafting of this RFP, there are approximately 30 CUP applications pending: The Planning and Development Department must continue to take in applications for new communication towers, so the backlog will continue to grow over the course of the 90 to 180 day time period during which action is suspended. The consultant will need to work with County staff, the towns, and the Dane County Zoning and Natural Resources Committee to establish a methodology for dealing with this initial backlog of petitions. This is a significant issue that is related to the technical review and the initial volume of work that will be present and need to be addressed after the suspension of action is lifted. Methodology. The consultant should propose a methodology for dealing with this backlog and give a clear indication of approximately how many applications could be reviewed and reported on within a given time frame. Backup Consultant. If through the proposal review, interview, and contracting process the County determines that a “backup” consultant may be needed to deal with either the initial petition backlog review or the review of petitions during subsequent months where an exceptional number of petitions have been submitted, if the primary consultant is unable for whatever reason to provide the technical services in a timely manner, the second highest scoring firm may be contracted with as a contingency to handle any occasional surplus services that may be required. 1.2.1.3 Ongoing Technical Advisory Services Some applications will be more complicated and contentious than others, and relevant issues may vary from petition to petition. As a result, additional technical advisory services beyond the initial technical reports discussed above may sometimes be needed. Such services may include, but are not limited to, occasional attendance at ZNR meetings, preparing responses to questions about the initial technical reports, and additional field work. The consultant should propose a methodology for providing such ongoing services beyond the scope of the primary technical reports. #4843 -4-
  9. 9. 1.2.1.4 Other Potential Services Radiofrequency engineering assistance in reviewing zoning petitions is the primary service in which the County is immediately interested and charged via Resolution 289, 2000-2001 with acquiring. However, there are other services that may be of interest to the County in the near future. The distinction between the primary service requested and these additional services relates to the funding source: The cost for the technical review of zoning petitions will be rolled over to the new communication tower CUP applicants. The funding source for these additional services has not been identified. However, these additional services are included in this RFP to gain a better understanding of how much such services would cost and how they would be provided. The information provided in the proposals would then be reviewed and funding sources may then be discussed. Review and Comment. The first set of additional services relates to the consultant briefly reviewing and commenting on from a technical perspective some of the existing administrative and regulatory mechanisms that either currently exist or are presently being developed by the County, including such things as: communication tower application and review process; geographic information system (GIS) inventory and database; and Dane County’s zoning ordinance, particularly s. 10.194. The consultant’s proposal should include a brief response to how it would propose providing these services. Wireless Communication Facilities Master Plan. The second potential additional service relates to the consultant working with system providers to review overall system plans for Dane County and developing a means of advance coordination (e.g. a wireless communication facilities master plan) among providers to maximize the collocation of facilities and minimize the number of communication towers in Dane County. 1.2.1.5 Conflict of Interest Issue Due to the obvious and inherent relationship between the wireless communication industry and most individuals and companies providing radiofrequency engineering services, the consultant must adequately explain how it will avoid the potential conflict of interest in being hired to critically evaluate proposals for new communication towers sponsored by the wireless communication industry. The consultant should be cognizant of the fact that if engaged in a contract to provide these services, it will be working on behalf of a public organization seeking to regulate an industry for which the consultant may be deriving a substantial portion of its financial receipts. This is a significant issue and is one of the areas that will be carefully scrutinized during this hiring process. 1.2.2 Objective #4843 -5-
  10. 10. The primary objective in soliciting proposals to provide for these services is to protect the scenic beauty of rural Dane County to the greatest extent practicable. The County’s intent is to minimize the number of communication towers constructed on lands under town and County zoning jurisdiction and to minimize to the greatest extent practicable the visual intrusion of new towers that are ultimately deemed to be necessary. Toward that end, Dane County wishes to acquire this radiofrequency engineering assistance to critically and objectively evaluate applications for new communication towers in Dane County. The County does not currently possess this very specialized expertise and is at a significant disadvantage in regard to the information and insight that County staff can provide on these applications to town and County decision makers. As outlined in Exhibit 4 and discussed above, the towns and the County are partners in the zoning process. Towns act on zoning petitions before the Dane County Zoning and Natural Resources Committee, and the particular review schedule varies from town to town. The engineering reports need to be provided in a timely manner so that town and County decision makers may both utilize them in their deliberations, while allowing enough time for the consultant(s) to prepare the reports. The County fully understands the great demand for wireless communication services. However, the facilities designed to provide these services must be sited and constructed in a responsible and efficient manner so as to protect Dane County’s valuable scenic resources. 1.3 Procuring and Contracting Department/Division This Request for Proposals (RFP) is issued by Dane County, Department of Administration, Purchasing Division, which is the sole point of contact for the County during the selection process. The person responsible for managing the procurement process is June Buchanan. The contract resulting from this RFP will be administered by the Dane County Planning and Development Department. The contract administrator will be Todd Violante, AICP, Senior Planner. 1.4 Definitions The following definitions are used throughout the RFP. County means Dane County, Planning and Development Department. Proposer/vendor means a firm submitting a proposal in response to this RFP. Contractor means proposer awarded the contract. 1.5 Clarifications, Supplements, and/or Revisions to the Specifications and Requirements Any questions concerning this RFP must be submitted in writing by mail or fax on or before 4:30 p.m. on Monday, May 21, 2001 to: June Buchanan Dane County Purchasing Division Room 425 City-County Building 210 Martin Luther King Jr. Blvd Madison, WI 53709 VOICE: (608) 266-4133 FAX: (608)266-4425 Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFP document at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFP document. #4843 -6-
  11. 11. 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 provided to all recipients of this initial RFP. Each proposal shall stipulate that it is predicated upon the terms and conditions of this RFP and any supplements or revisions thereof. 1.6 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 such accommodations, contact the Purchasing Division at (608) 266-4131 (voice) or 608/266-4941 (TTY). 1.7 Calendar of Events Listed below are specific and estimated dates and times of actions related to this 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 a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times. DATE EVENT May 9, 2001 Date of issue of the RFP. May 21, 2001 Last day for vendors to submit written inquiries. May 25, 2001 Mail notification to vendors of supplements or revisions to RFP. June 14, 2001 Proposals due by 2:00 p.m. from consultant. June 22, 2001 Notification of selection of top candidates. July 9-13, 2001 (est.) Oral presentation/demonstration by invited consultant. July 16-20, 2001 (est.) Notification of intent to award sent to consultant. July 27, 2001 (est.) Contract start date. 1.8 Contract Term and Funding The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run for one (1) year from that date, with an option by mutual agreement of the County and contractor to extend the time period of the contract on an ongoing basis. #4843 -7-
  12. 12. 2.0 PREPARING AND SUBMITTING A PROPOSAL 2.1 General Instructions The evaluation and selection of a contractor and the contract itself will be based on the information submitted in the vendor’s proposal plus references and any required on-site visits or oral presentations. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response. Elaborate proposals (e.g. expensive artwork) beyond that sufficient to present a complete and effective proposal are neither necessary nor desired. 2.2 Proprietary Information All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the attached “Designation of Confidential and Proprietary Information” form. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s). 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. 2.3 Incurring Costs Dane County is not liable for any cost incurred by proposers in replying to this RFP. 2.4 Submitting the Proposal Proposers must submit an original and eight (8) copies of all materials required for acceptance of their proposal by 2:00 p.m. on Thursday, June 14, 2001 to: DANE COUNTY PURCHASING DIVISION ROOM 425 CITY-COUNTY BLDG 210 MARTIN LUTHER KING JR BLVD MADISON WI 53709 Proposals must be received in the above office by the specified time stated above. All proposals must be time-stamped in by the County Purchasing Division by the stated time. Proposals not so stamped will not be accepted. All proposals must be packaged, sealed and show the following information on the outside of the package: • Proposer’s name and address • Request for proposal title: “Radiofrequency Engineering Services” • Request for proposal number: RFP No. 4843 • Proposal due date: 2:00 PM on Thursday, June 14, 2001 2.5 Proposal Organization and Format Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be organized and presented in the order and by the number assigned in the RFP. Proposals must be #4843 -8-
  13. 13. organized with the following headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly marked. The RFP sections which should be submitted or responded to are: • Introduction • Response to general requirements (See Section 4 of this RFP) Organizational qualifications Staff qualifications and Facilities References • Response to technical requirements (See Section 5 of this RFP) • Cost proposal (See Section 6 of this RFP) • Required forms (See Section 8 of this RFP) Attachment A Signature Affidavit Attachment B Vendor Data Sheet Attachment C Reference Data Sheet Attachment D Designation of Confidential and Proprietary Information Attachment E Cost Summary Page • Appendices (Additional information the proposer submits) 2.6 Multiple Proposals Multiple proposals from a vendor will be permissible, however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response. 2.7 Oral Presentations and Demonstrations Selected vendors will be required to make oral presentations and demonstrations in Dane County 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. The consultant will describe their qualifications and experience, how they plan to fulfill the assigned tasks, and how they will approach methodological and other issues presented by the project. In doing so, the consultant should be able to provide illustrations of the results of any similar or relevant projects in the past. Presentations and demonstrations will be made before a committee comprised of representatives from Dane County agencies and affected municipalities. The consultant should be prepared to answer questions concerning the technical aspects of the project as well as those relating to the time in which it will take to complete the review within the context of the zoning approval process. 3.0 PROPOSAL SELECTION AND AWARD PROCESS 3.1 Preliminary Evaluation The proposals will first be reviewed to determine if requirements in Section 2.0 and 4.0 are met. These requirements are essentially considered to be mandatory, and failure to meet these requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of these mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal that most closely meets the requirements specified in this RFP. 3.2 Proposal Scoring Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. Top-scoring proposals will then become candidates for presentations and demonstrations in Dane #4843 -9-
  14. 14. County before the evaluation committee: The committee will then select the winning proposal. The committee and agency staff may review references and incorporate the reference review into scoring the proposals. 3.3 Right to Reject Proposals and 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. 3.4 Evaluation Criteria The proposals will be scored using the following criteria: Description Percent 1. General Requirements 20 2. Technical Requirements 60 a. Response to Section 1.2.1 Description of Services b. Radiofrequency Engineering Experience c. Presentation of Material d. Time for Technical Review 3. Cost/Best Value to the County 20 Total 100 3.5 Award and 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. 3.6 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. 4.0 GENERAL PROPOSAL REQUIREMENTS 4.1 Organization Capabilities Describe the firm’s experience and capabilities in providing similar services to those required. Be specific and identify projects, dates, and results. 4.2 Staff Qualifications The consultant will provide resumes describing the educational and work experiences for each of the key staff who would be assigned to the project. These resumes should relate well to the description of the firm’s project experience in the section (4.1) above. The approximate percentage of an individual staff person’s regular time that will be devoted to this project should also be described. The consultant should feel free to supplement their proposals if necessary by subcontracting with other firms that may #4843 -10-
  15. 15. provide a specific skill or area of expertise not possessed by the primary vendor. 4.3 Proposer References Proposers must include in their RFPs a minimum of five organizations, including points of contact (name, address, and telephone number), that can be used as references for work performed in the area of the service required. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. The results of the references will be provided to the evaluation team and used in scoring the written proposals. 5.0 TECHNICAL REQUIREMENTS These requirements correspond to the “Technical Requirements” referenced in Section 3.4 and will serve in part as the basis upon which the proposals will be scored. 5.1 Section 1.2.1 Description of Services: Each of the services requested and issues outlined in Section 1.2.1 of this RFP, Description of Services, shall be considered part of the technical requirements of this project. The consultant should respond in detail as to how each of these services will be provided or issues addressed. 5.2 Radiofrequency Engineering Experience: The consultant should clearly present its radiofrequency engineering capabilities and similar experience in providing the services requested. Similar services provided to other public entities or governmental agencies should be highlighted. 5.3 Presentation of Material: The consultant’s proposal and presentation of material will be judged and used as a proxy for what will be provided in terms of the quality of the actual report submitted for each CUP application. Materials submitted should be simple and organized, yet clearly articulated and professionally presented. 5.4 Time for Technical Review: The consultant should propose a methodology and system of technical reviewing and reporting that fits into the timing of the existing monthly zoning process (see Exhibit 4). Shorter turnaround times for the technical reports will be looked upon favorably. 6.0 COST PROPOSAL 6.1 General Instructions on Submitting Cost Proposals The cost proposal should be submitted in a separate envelope with the written proposal. The proposals should clearly identify relevant staff, their hourly rates, and time estimates for the completion of the requested services. The proposal will be scored using a standard quantitative calculation where the most points will be awarded to the proposal with the lowest cost and/or offering the greatest value to Dane County. Various costing methodologies and models are available to analyze the cost information submitted to determine the best value for the County. The County will select one method and use it consistently throughout its analysis. 6.2 Format for Submitting Cost Proposals Cost proposals may be submitted as a special attachment to the vendor’s proposal using Attachment E to this RFP as a format. Cost proposals shall address any and all costs to be incurred during the project. 6.3 Fixed Price Period All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for 60 days starting on the due date for proposals. 7.0 SPECIAL CONTRACT TERMS AND CONDITIONS 7.1 Payment Requirements #4843 -11-
  16. 16. Prompt payment will attempt to be made within 30 days of receiving the consultant’s invoice. Details regarding the payment schedule will be articulated in the contract of services agreement between Dane County and the consultant. 7.2 Living Wage Requirement Consultants and any and all employees working on this project are covered by the Dane County Living Wage Ordinance Section 25.015(d). See Section 28.0 Standard Terms and Conditions. The minimum living wage hourly rate for 2001 is $8.20. Provider will be required to sign a Living Wage Certification upon completion of the contract (see form attached). 8.0 REQUIRED FORMS The following forms must be completed and submitted with the proposal in accordance with the instructions given in Section 2.0. Blank forms are attached. Attachment A Signature Affidavit Attachment B Vendor Data Sheet Attachment C Reference Data Sheet Attachment D Designation of Confidential and Proprietary Information Attachment E Cost Summary Page #4843 -12-
  17. 17. ATTACHMENT A SIGNATURE AFFIDAVIT In signing this proposal, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury. The undersigned, submitting this proposal, hereby agrees with all the terms, conditions, and specifications required by the County in this Request for Bid, and declares that the attached proposal and pricing are in conformity therewith. Name (Type or Print) Title Signature Firm Address: (Street, City , State, Zip Code) Telephone Fax E-Mail Date #4843 -1-
  18. 18. ATTACHMENT B VENDOR DATA SHEET 1. Proposing Company Name Telephone Toll Free Telephone Fax Address: City: State: Zip + Four: 2. Contact Person in the event there are questions about your proposal Name: Title: Telephone: Toll Free Telephone: Address: City: State: Zip + Four: 3. All vendors that are awarded $20,000 or more on this contract will be Required to Submit Affirmative Action Information to the Department. Please list the Person in your Company we can contact about this plan. Name: Title: Telephone: Toll Free Telephone: Address: City: State: Zip + Four: 4. Mailing address where County purchase orders/contracts are to be mailed and person the Department can contact concerning orders and billing. Name: Title: Telephone: Toll Free Telephone: Address: City: State: Zip + Four: ATTACHMENT C REFERENCE DATA SHEET #4843 -2-
  19. 19. FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for three (3) or more installations/services with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: Company Name: Address: Telephone: Contact Person: Product(s) and/or Service(s) Used: #4843 -3-
  20. 20. ATTACHMENT D DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to this Proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in Sect 19.36(5), Wisconsin State Statutes, or is otherwise material that can be kept confidential under the Wisconsin Open Records law. As such, we ask that certain pages, as indicated below, of this proposal response be treated as confidential material and not be released without our written approval. Attach additional sheets if needed. Section Page Number Topic Prices 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. In the event the Designation of Confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality. Failure to include this form in the proposal response 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 agree to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified above. Company Name Signature-Authorized Representative Print Name-Authorized Representative Date #4843 -4-
  21. 21. ATTACHMENT E COST SUMMARY SHEET ITEM DESCRIPTION COST #4843 -5-
  22. 22. 9.0 STANDARD TERMS AND CONDITIONS (Request For Bids/Proposals/Contracts) 1.0 APPLICABILITY: The terms and conditions set extended price, the unit price shall govern in the bid forth in this document apply to Requests for Proposals (RFP), evaluation and contract administration. Bids and all other transactions whereby the County of Dane acquires goods or services, or both. 7.1 Prices established in continuing agreements and term contracts may be lowered due to market conditions, but 1.1 ENTIRE AGREEMENT: These Standard Terms prices shall not be subject to increase for the term specified in and Conditions shall apply to any contract, including any the award. Any increase proposed shall be submitted to the purchase order, awarded as a result of this request. Special contracting department thirty (30) calendar days before the requirements of a resulting contract may also apply. Further, proposed effective date of the price increase, and shall be the written contract with referenced parts and attachments limited to fully documented cost increases to the contractor shall constitute the entire agreement, and no other terms and which are demonstrated to be industry wide. The conditions conditions in any document, acceptance, or acknowledgment under which price increases may be granted shall be shall be effective or binding unless expressly agreed to in expressed in bid documents and contracts or agreements. writing by the County. 7.2 Submission of a bid constitutes bidder’s 1.2. DEFINITIONS: As used herein, “vendor” certification that no financial or personal relationship exists includes a provider of goods or services, or both, who is between the bidder any county official or employee except as responding to an RFP or a bid, and “bid” includes a response specially set forth in writing attached to and made a part of to either an RFP or a bid. the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract. 2.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific 8.0 ACCEPTANCE-REJECTION: Dane County manufacturer and model numbers are used, they are to reserves the right to accept or reject any or all bids, to waive establish a design, type of construction, quality, functional any technicality in any bid submitted and to accept any part capability or performance level, or any combination thereof, of a bid as deemed to be in the best interests of the county. desired. When alternates are proposed, they must be Submission of a proposal or a bid constitutes the making of identified by manufacturer, stock number, and such other an offer to contract and gives the county an option valid for information necessary to establish equivalency. Dane County 60 days after the date of submission to the county. shall be the sold judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications which may 8.1 Bids MUST be dated and time stamped by the Dane result in rejection of their bid. County Purchasing Division Office on or before the date and time that the bid is due. Bids deposited or time stamped in 3.0 DEVIATIONS AND EXCEPTIONS: Deviations another office will be rejected. Actual receipt in the office of and exceptions from terms, conditions, or specifications shall the purchasing division is necessary; timely deposit in the be described fully, on the vendor’s letterhead, signed, and mail system is not sufficient. attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, 9.0 METHOD OF AWARD: Award shall be made conditions, and specifications and the vendors shall be held to the lowest responsible, responsive vendor conforming to liable. specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus 4.0 QUALITY: Unless otherwise indicated in price basis. Quantities involved, time of delivery, purpose for the request, all material shall be first quality. Items which are which required, competency of vendor, the ability to render used, demonstrators, obsolete, seconds, or which have been satisfactory service, and past performance, will be considered discontinued are unacceptable without prior written approval in determining responsibility. by Dane County. 10.0 ORDERING/ACCEPTANCE: Written 5.0 QUANTITIES: The quantities shown on this notice of award to a vendor in the form of a purchase order or request are based on estimated needs. The County reserves otherwise, mailed or delivered to the address shown on the the right to increase or decrease quantities to meet actual bid will be considered sufficient notice of acceptance of bid. needs. A formal contract containing all provisions of the contract signed by both parties shall be used when required by Dane 6.0 DELIVERY: Deliveries shall be FOB County Purchasing Division. destination freight prepaid and included unless otherwise specified. Shipment sent C.O.D. or freight collect will not be 11.0 PAYMENT TERMS AND INVOICING: accepted. Dane County normally will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or 7.0 PRICING: Unit prices shown on the bid services, or combination of both, which have been delivered, shall be the price per unit of sale, e.g., gal., cs., doz., ea., etc., installed (if required), and accepted as specified. Invoices as stated on the request or contract. For any given item, the presented for payment must be submitted in accordance with quantity multiplied by the unit price shall establish the instructions contained on the purchase order including #4843 -1-
  23. 23. reference to purchase order number and submittal to the forces of the United States, or political beliefs. The correct address for processing. contractor shall provide an harassment-free work environment. These provisions shall include, but not be 11.1 NO WAIVER OF DEFAULT: In no event limited to, the following: employment, upgrading, demotion, shall the making of any payment or acceptance of any service transfer, recruitment, advertising, layoff, termination, or product required by this Agreement constitute or be training, including apprenticeships, rates of pay or other construed as a waiver by COUNTY of any breach of the forms of compensation. covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or 16.1 Contractors who have twenty (20) or more acceptance of any such service or product by COUNTY employees and a contract of twenty thousand dollars while any such default or breach shall exist shall in no way ($20,000) or more must submit a written affirmative action impair or prejudice the right of COUNTY with respect to plan to the county contract compliance office within fifteen recovery of damages or other remedy as a result of such (15) working days of the effective date of the contract. The breach or default. county may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local 12.0 TAXES: Dane County and its departments are government unit. exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise 16.2 The contractor agrees to post in conspicuous places, taxes as describe below. The State of Wisconsin Department available for employees and applicants for employment, of Revenue has issued tax exempt number ES41279 to Dane notices setting forth the provisions of this agreement as they County. relate to affirmative action and nondiscrimination. 12.1 The County, including all its departments, is 16.3 Failure to comply with the conditions of this clause required to pay the Wisconsin excise or occupation tax on its may result in the contractor’s being declared ineligible to do purchase of beer, liquor, wine, cigarettes, tobacco products, business with the county, termination of the contract, or motor vehicle fuel and general aviation fuel. The County is subject to withholding of payment. exempt from Wisconsin sales or use tax on these purchases. Dane County may be subject to other states’ taxes on its 16.4 The contractor agrees to furnish all information and purchases in that state depending on the laws of that state. reports required by Dane County’s Contract Compliance Contractors performing construction activities are required to Officer as the same relate to affirmative action and pay state use tax on the cost of materials. nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with 13.0 GUARANTEED DELIVERY: Failure of the chapter 19, D.C. Ords., and the provisions of this Agreement. contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the 16.5 Americans with Disabilities Act: The contractor liable for all costs in excess of the contract price contractor agrees to the requirements of the ADA, providing when alternate procurement is necessary. Excess costs shall for physical and programmatic access to service delivery and include administrative costs. treatment in all programs and activities. 14.0 APPLICABLE LAW: This contract shall be 17.0 PATENT, COPYRIGHT AND TRADEMARK governed under the laws of the State of Wisconsin , and INFRINGEMENT: The contractor guarantees goods sold to venue for any legal action between the parties shall be in Dane County were manufactured or produced in accordance Dane County Circuit Court. The contractor shall at all times with applicable federal labor laws, and that the sale or use of comply with and observe all federal and state laws, local the articles described herein will not infringe any patent, laws, ordinances, and regulations which are in effect during copyright or trademark. The contractor covenants that it will the period of this contract and which in any manner affect the at its own expense defend every suit which shall be brought work or its conduct. against Dane County(provided that such contractor is promptly notified of such suit, and all papers therein are 15.0 ASSIGNMENT: No right or duty in whole or in delivered to it) for any alleged infringement of any patent, part of the contractor under this contract may be assigned or copyright or trademark by reason of the sale or use of such delegated without the prior written consent of Dane County. articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 16.0 NONDISCRIMINATION/AFFIRMATIVE ACTION: During the term of this agreement the 18.0 SAFETY REQUIREMENTS: All contractor agrees, in accordance with WI Stats. sec. 111.321 materials, equipment, and supplies provided to Dane County and Chapter 19 of the Dane County Code of Ordinances, not must fully comply with all safety requirements as set forth by to discriminate against any person, whether an applicant or the Wisconsin Department of Commerce and all applicable recipient of services, and employee or applicant for OSHA Standards. employment, on the basis of age, race , ethnicity, religion, color, gender, disability, marital status, sexual orientation, 18.1 MATERIAL SAFETY DATA SHEET:If any national origin, cultural differences, ancestry, physical item(s) on an order(s) resulting from this award(s) is a appearance, arrest record or conviction record, military hazardous chemical, as defined under 29 CFR 1910.1200, participation or membership in the national guard, state provide one (1) copy of the Material Safety Data Sheet for defense force or any other reserve component of the military # 4843
  24. 24. each item with the shipped container(s) and one (1) copy with the successful vendor shall furnish the COUNTY with a 30- the invoice(s). day notice of aggregate erosion, in advance of the Retroactive Date, cancellation, or renewal. It is also agreed that on 19.0 WARRANTY: Unless specifically expressed Claims-Made policies, either the successful vendor or otherwise in writing, goods and equipment purchased as a COUNTY may invoke the tail option on behalf of the other result of this request shall be warranted against defects by the party and that the Extended Reporting Period premium shall vendor for ninety (90) days from date of receipt. The be paid by the successful vendor. In the event any action, suit equipment manufacturer’s standard warranty shall apply as a or other proceeding is brought against COUNTY upon any minimum and must be honored by the contractor. The time matter herein indemnified against, COUNTY shall give limitation in this paragraph does not apply to the warranty reasonable notice thereof to the successful vendor and shall provided in paragraph 27.0. cooperate with the successful vendor’s attorneys in the defense of the action, suit or other proceeding. 20.0 INSURANCE RESPONSIBILITY: The successful vendor who is providing services to Dane County 20.4 The county reserves the right to require higher or shall: lower limits where warranted. 20.1 Maintain worker’s compensation insurance as 20.5 In case of any sublet of work under this Agreement, required by Wisconsin Statutes, for all employees engaged in the successful vendor shall furnish evidence that each and the work. The successful vendor shall furnish evidence of every subcontractor has in force and effect insurance policies adequate worker’s compensation insurance. providing coverage identical to that required of the successful vendor. 20.2 Indemnify, hold harmless and defend COUNTY, its boards, commissions, agencies, officers, employees and 21.0 CANCELLATION: County reserves the representatives against any and all liability, loss (including, right to terminate any agreement due to non-appropriation of but not limited to, property damage, bodily injury and loss of funds or failure of performance by the vendor. This life), damages, costs or expenses which COUNTY, its paragraph shall not relieve COUNTY of its responsibility to officers, employees, agencies, boards, commissions and pay for services or goods provided or furnished to COUNTY representatives may sustain, incur or be required to pay by prior to the effective date of termination. reason of the successful vendor furnishing the services or goods required to be provided under the contract with the 22.0 PUBLIC RECORDS ACCESS: It is the county, provided, however, that the provisions of this intention of the County to maintain an open and public paragraph shall not apply to liabilities, losses, charges, costs, process in the solicitation, submission, review, and approval or expenses caused by or resulting from the acts or omissions of procurement activities. Bid openings are public unless of COUNTY, its agencies, boards, commissions, officers, otherwise specified. Records may not be available for public employees or representatives. The obligations of the inspection prior to issuance of the notice of intent to award or successful vendor under this paragraph shall survive the the award of the contract. Bid results may be obtained by expiration or termination of any contract resulting from the visiting the county purchasing office Monday - Friday, successful vendor’s bid. between 8:00 a.m. and 4:00 p.m. Prior appointment is advisable. 20.3 At all times during the term of this Agreement, keep in full force and effect comprehensive general liability and 22.1 PROPRIETARY INFORMATION: If the auto liability insurance policies (as well as professional successful vendor asserts any of its books and records of its malpractice or errors and omissions coverage, if the services business practices and other matters collectively constitute a being provided are professional services) issued by a trade secret as that term is defined in s.134.90(1)(c), Wis. company or companies authorized to business in the State of Stats., COUNTY will not release such records to the public Wisconsin and licensed by the Wisconsin Insurance without first notifying the successful vendor of the request for Department, with liability coverage provided for therein in the records and affording the successful vendor an the amount of at least $1,000,000.00 CSL (Combined Singe opportunity to challenge in a court of competent jurisdiction Limits), Coverage afforded shall apply as primary. the requester’s right to access such records. The entire COUNTY shall be given ten (10) days advance notice of burden of maintaining and defending the trade secret cancellation or non-renewal. Upon execution of this designation shall be upon the successful vendor. The Agreement, the successful vendor shall furnish COUNTY successful vendor acknowledges and agrees that if the with a certificate of insurance listing COUNTY as an successful vendor shall fail, in a timely manner, to initiate additional insured and, upon request, certified copies of the legal action to defend the trade secret designation or be required insurance policies. If the successful vendor’s unsuccessful in its defense of that designation, COUNTY insurance is underwritten on a Claims-Made basis, the shall be obligated to and will release the records. Retroactive Date shall be prior to or coincide with the date of this agreement, the Certificate of Insurance shall state that 22.2 Data contained in a bid, all documentation provided coverage is Claims-Made and indicate the Retroactive Date, therein, and innovations developed as a result of the the successful vendor shall maintain coverage for the duration contracted commodities or services cannot be copyrighted or of this agreement and for two years following the completion patented. All data, documentation, and innovations become of this agreement. The successful vendor shall furnish the property of the county. COUNTY, annually on the policy renewal date, a Certificate of Insurance as evidence of coverage. It is further agreed that # 4843
  25. 25. 22.3 Any material submitted by the vendor in response to merchantable manner, for the purposes intended and in this request that the vendor considers confidential and accordance with all applicable plans and specifications and proprietary information and which vendor believes qualifies without interruption before, during and after the years 2000; as a trade secret, as provided in WI Stats 19.36(5) must be and c) contractor’s internal systems, and those of contractor’s identified on a designation of Confidential and Proprietary vendors, are year 2000 compliant, such that contractor will be Information form. In any event bid prices will not be held able to deliver such goods, services and licenses as required confidential after award or contract. by this procurement. 23.0 RECYCLED MATERIALS: Dane County is 28.0 LIVING WAGE REQUIREMENT The required to purchase products incorporating recycled successful bidder shall: materials whenever technically and economically feasible. • Pay the county’s living wage to all its employees engaged Vendors are encouraged to bid products with recycled content in performance of the work, whether on a full-time or which meet specifications. part-time basis. • Make available for the county’s inspection its payroll 24.0 PROMOTIONAL ADVERTISING: Reference to records relating to employees providing services under or use of Dane County, any of it’s departments or sub-units, the agreement. or any county official or employee for commercial promotion • Submit affidavits as required in section 25.015(7), D.D. is prohibited. Ords. • Display the county’s current living wage poster in a 25.0 ANTITRUST ASSIGNMENT: The prominent place where it can be easily seen and read by contractor and the County of Dane recognize that in actual employees. economic practice, overcharges resulting from antitrust 28.01 In the event its payroll records contain any false, violation are in fact usually borne by the County of Dane misleading or fraudulent information, or if the successful (purchaser). Therefore, the contractor hereby assigns to the bidder fails to comply with the provisions of s. 25.015, D.C. County of Dane any and all claims for such overcharges as to Ords., the county may withhold payments on the contract, goods, materials or services purchased in connection with this terminate, cancel or suspend the contract in whole or in part, contract. or, after a due process hearing, deny the contractor the right to participate in bidding on future county contracts for a 26.0 RECORDKEEPING AND RECORD RETENTION period of one year after the first violation is found and for a - PUBLIC WORKS CONTACTS: The successful bidder period of 3 years after a second violation is found. on a public works contract shall comply with the State of Wisconsin prevailing wage scale and shall establish and maintain adequate payroll records for all labor utilized as 28.02 Bidders are exempt from the above requirements if: well as records for expenditures relating to all subcontracts, materialmen and suppliers. All records must be kept in • The maximum value of services to be provided is less accordance with generally accepted accounting procedures. than $5,000 The county shall have the right to audit, review, examine, copy, and transcribe any such records or documents. The contractor will retain all documents applicable to the contract • The bid involves only the sale of goods to the county; for a period of not less than three (3) years after final • The bid is for professional services; payment is made. • The bid is for a public works contract where wages are regulated under s.62.293, Wis. Stats.; 26.1 RECORDKEEPING AND RECORD RETENTION • The bidder is a school district, a municipality, or other - COST REIMBURSEMENT CONTRACTS: The unit of government; successful bidder on a contract where payment to the • The service to be provided is residential services at an contractor is based on the contractors costs shall establish and established per bed rate; maintain adequate records of all expenditures incurred under • The bidder’s employees are persons with disabilities the contract. All records must be kept in accordance with working in employment programs and the successful generally accepted accounting procedures. The contracting bidder holds a current sub-minimum wage certificate agency shall have the right to audit, review, examine, copy, issued by the U.S. Department of Labor or where such a and transcribe any pertinent records or documents relating to certificate could be issued but for the fact that the any contract resulting from this bid/proposal held by the employer is paying a wage higher than the minimum contractor. The contractor will retain all documents wage; applicable to the contract for a period of not less than three • The bidder is an individual providing services to a (3) years after final payment is made. family member; or • The bidder’s employees are student interns. 27.0 YEAR 2000 COMPLIANT: Contractor warrants that: a) all goods, services and licenses sold otherwise provided pursuant to this procurement have been tested for and are fully year 2000 compliant, which means they are capable of correctly and consistently handling all date-based functions before, during and after the years 2000; b) the date change from 1999 to 2000, or any other date changes, will not prevent such goods, services or licenses from operating in a # 4843
  26. 26. NOTIFICATION OF LIVING WAGE REQUIREMENT Ordinance Amendment 14, 1998-99, of the Dane County Code of Ordinances, requires that the contractor, or grant beneficiary, pay all workers employed by the contractor, or grant beneficiary, in the performance of this contract, or grant, whether on a full-time or part-time basis, the current living wage. The living wage shall take effect January 1, 2000 except that it shall be in effect as of January 1, 1999 for human services department purchase-of-service providers covered by this ordinance. ARTICLE 3. Section 25.015(d) is created as follows: “Service contract means any contract with the county, for the provision of services to any county department or agency involving the following types of personal services: general labor, clerical work, janitorial work, security (including weapons screening), food service, human services contracts (including transportation), and personal care and home care work paid with county-administered funds for persons with disabilities and the frail elderly, whether the workers are employed directly by the consumer or by a third party. The purchasing agent shall review each bid specification or request for proposals and make a determination as to whether the proposed contract will constitute a service contract.”3 FOR EVERY SERVICE CONTRACT AND ECONOMIC DEVELOPMENT ASSISTANCE GRANT, THE CURRENT LIVING WAGE SHALL BE KEPT POSTED BY THE CONTRACTOR OR GRANT BENEFICIARY AT THE SITE OF WORK IN A PROMINENT PLACE WHERE IT CAN BE EASILY SEEN AND READ BY PERSONS EMPLOYED IN THE PERFORMANCE OF SUCH CONTRACT OR GRANT. FROM JANUARY 1, 2000 TO DECEMBER 31, 2000, THE LIVING WAGE IS $8.03 PER HOUR. EFFECTIVE JANUARY 1, 2001 TO DECEMBER 31, 2001, THE LIVING WAGE IS $8.20 PER HOUR. An affected employee may file a complaint alleging a contractor’s or grant beneficiary’s violation of this section with: Dane County Contract Compliance Officer County Executive Office Office of Equal Opportunity 210 Martin Luther King, Jr. Blvd., Room 421 Madison, Wisconsin 53709 (608) 266-4006 TTY: (608) 266-9138 3 Service contract is defined in its entirety in Ordinance Amendment 14, 1998-99 available through the Dane County Clerk’s Office.
  27. 27. Exhibits The following Exhibits are a part of this RFP, but not included in the web site RFP document. Exhibits are available by fax or mail. You may e-mail your fax or mailing address to purchasing@co.dane.wi.us, or call 608.266.4131. Exhibits Exhibit 1: Map of Dane County. Exhibit 2: Dane County Resolution 289, 2000-2001. Exhibit 3: Section 10.194, Procedure and Standards for the Placement, Construction or Modification of Communication Towers, of the Dane County Code of Ordinances. Exhibit 4: Summary of Rezone and Conditional Use Permitting Processes in Dane County and Dane County Zoning and Natural Resources Committee 2001 Meeting Schedule: 4A. General Flowchart of the Zoning Process 4B. 2001 Zoning and Natural Resources Committee Meeting Schedule. 4C. Zoning Process Overview. 4D. Rezoning Process. 4E. Conditional Use Permitting (CUP) Process. Rev. 7/00

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