2-S01013D05 Bid Documents.pdf

Milwaukee Metropolitan Sewerage District

Invitation to Bid

Switchboards

MMSD Contract No. S01013D05

The Milwaukee Metropolitan Sewerage District (District) intends to purchase switchboard equipment for installation in the new Clean Water Research Center located at the South Shore

Water Reclamation Facility through this Contract S01013D05 (“Contract” or “Contract

Documents”). The District will receive bids until 10:00 a.m. central time on October 8, 2025, when the District will publicly open them. This District intends to utilize Clean Water Fund

Program (CWFP) loan funds for this project

The District has implemented online bid submissions for this procurement. The District will accept electronic bids only through Bonfire. Bids are to be submitted only at https://www.mmsd.bonfirehub.com. Please see the section entitled “Submission Instructions” for instructions on how to submit your bid through Bonfire.

For information concerning this procurement, contact Nathan Churchill, District’s Senior

Procurement Specialist, at nchurchill@mmsd.com.

Bidders must use the forms provided. The use of other forms or attachments of conditions for bidding contrary to the District's conditions may invalidate your bid.

The District may reject all bids or any bid not conforming to the intent and purpose of these

Contract Documents. The District may postpone the award of the Contract for a period not exceeding 120 days from the bid opening date. Bids will remain firm and may not be withdrawn during this 120 day period. Bids must include delivery F.O.B. destination including costs for shipping and insurance.

Any interpretation or change in these Contract Documents will be only in the form of addenda to the Contract Documents issued by the District. The District will not be responsible for any other explanations or interpretations of the Contract Documents. Bidders must acknowledge all addenda in the space provided. Failure to acknowledge addenda may result in rejection of a bid as non-responsive.

mailto:nchurchill@mmsd.com

Contract S01013D05

The District will pay the selected vendor according to bid prices for the equipment provided by the selected vendor.

The District reserves the right to audit applicable records of the selected vendor upon reasonable request throughout the term of the Contract and for up to one year after delivery of the equipment.

A pre-bid presentation will be posted under contract S01013D05 on the District’s Bonfire portal and on the District’s Procurement Opportunities webpage no later than 4:00 p.m. local time on

September 19, 2025. The purpose of the presentation is to outline the contract scope and convey details about the bid requirements and expectations. All potential bidders are encouraged to view the presentation at their convenience.

CHECKLIST FOR BIDDERS

GENERAL

▪ Your bid must meet the Specifications set forth in these Contract Documents. Do not list any exceptions to the Contract Documents or Specifications. Any exception, including substitution of terms and conditions, may result in your bid being considered non-responsive.

▪ All blank spaces in the bid form Attachment A – Bid Worksheet requiring input must be filled. Enter the TOTAL BID AMOUNT from Attachment A – Bid Worksheet into

Bonfire as your bid amount. The completed Attachment A – Bid Worksheet is to be uploaded to Bonfire in PDF (.pdf) format.

▪ You must submit with your bid such product information as requested in the

Specifications under “Submittals with Bid.”

BID SECURITY

▪ The proper bid security and notarized power-of-attorney, if required, must be included with your bid. Do not use standard surety bid bonds. If you use a standard Surety or

Association Bid Bond, the District will reject your bid. Standard Surety or Association

Bid Bonds provide for actual damages and are silent on the requirement of an automatic extension of the bid bond. The statute under which the District operates requires that the bid bond amount be in the form of liquidated and not actual damages. The District Bid

Bond also provides for an automatic 60-day extension of the bid bond without any further approval of the Surety. If a bidder elects to furnish bid security other than a Bid Bond, the bid security must be in the District’s possession at 260 West Seeboth Street, Milwaukee, Wisconsin before the deadline for submission of bids.

BIDDER’S SIGNATURE AND SWORN STATEMENT

▪ The Bidder’s Signature and Sworn Statement must be signed by a company representative and notarized by notary public.

▪ Acknowledge addenda on the Sworn Statement.

▪ Provide the bidder’s S/W/M/B/E participation goal on the Sworn Statement.

ADDITIONAL INFORMATION

Complete and submit the:

▪ Equal Employment Opportunity Data form (Attachment B)

▪ Certification of Non-Discrimination form (Attachment C)

▪ S/W/MBE Utilization form EPA 6100-4 (Attachment D)

▪ S/W/MBE Performance form EPA 6100-3 (Attachment E)

▪ S/W/MBE Good Faith Effort Summary form WDNR 8700-294A (Attachment F)

▪ Non-S/W/MBE Subcontractor Listing Form (Attachment G)

SUBMISSION INSTRUCTIONS FOR BIDDERS

Please follow these instructions to submit your bid via the District’s Public Portal.

1. Prepare your submission materials: Requested Information

Name Type # Files Requirement

Bidder's Sworn

Statement

File Type: PDF

(.pdf)

Required

Bid Security/Bid Bond

Bid Worksheet

(Attachment A)

Product Information

EEO Data Form

(Attachment B)

Certification of Non-

Discrimination

(Attachment C)

S/W/MBE Utilization

Form EPA 6100-4

(Attachment D)

S/W/MBE

Performance Form

EPA 6100-3

(Attachment E)

S/W/MBE Good Faith

Effort Summary Form

WDNR 8700-294A

(Attachment F)

Non-S/W/MBE

Subcontractor

Listing Form

(Attachment G)

Requested Documents

Please note the type and number of files allowed. The maximum upload file size is 100 MB.

Please do not embed any documents within your uploaded files. They will not be accessible or evaluated.

2. Upload your bid at: https://mmsd.bonfirehub.com/projects/202192/details

The online Question and Answer (Q&A) period for this procurement ends October 3, 2025 at

12:00 p.m. local time. Questions and/or inquiries submitted after this deadline will not be addressed.

Your submission must be uploaded, submitted, and finalized before the closing time of 10:00 a.m. central time on October 8, 2025. The District strongly recommends that you give yourself enough time and at least one day before the bid closing time to begin the uploading process and to finalize your bid.

Important Notes:

Each item of Requested Information in the above table will be visible only after the closing time.

https://mmsd.bonfirehub.com/projects/202192/details

Uploading large documents may take significant time depending on the size of the file and your

Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or

Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc

BID SECURITY

Bids must be accompanied by cash, a certified check, a cashier's check, or a bid bond issued by a surety authorized to issue bonds in the State of Wisconsin. The bid security must be not less than five percent of the total amount of the bd. This bid security will be given as a guarantee that, if awarded the Contract, the successful bidder will sign the attached Contract.

If the bidder elects to furnish a bid bond, the bidder must use the bid bond form included in this

Invitation to Bid or one that is substantially the same form and content. The Attorney- in-Fact who executes this bid bond on behalf of the surety must attach a certified copy of the power-of-attorney as evidence of authority to bind the Surety on the date of execution of the bond. You must upload to Bonfire the fully executed bid bond.

To submit a check as bid security, enclose it in a sealed envelope and deliver it to the District’s

Senior Procurement Specialist noted above. The check must be in District’s possession at 260

West Seeboth Street, Milwaukee, Wisconsin before the deadline for the submission of bids.

CONTRACT AND GENERAL CONDITIONS AND INSURANCE

The successful bidder will be required to execute the attached Contract and General Conditions.

A Certificate of Insurance will be required stating requested minimum coverages as indicated in the Contract and General Conditions.

SMALL, WOMEN'S, AND MINORITY BUSINESS ENTERPRISE REQUIREMENTS

The policy of the District is to allow Small, Veteran, Women, and Minority Business Enterprises

(S/W/MBE) the maximum feasible opportunity to compete for District contracts and subcontracts.

The S/W/MBE participation goals for this Contract (expressed as a percentage of the total

Contract dollar amount) are any for small or veteran-owned business, any for women business, mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc and any for minority business enterprises. While the individual S/W/MBE goals may present some challenges relative to this procurement, the District encourages all bidders to work towards achieving an overall S/W/MBE participation if possible.

Bidders are expected to take affirmative steps to ensure that S/W/MBE's are utilized in this

Contract. The District will recognize certain certification programs for S/W/MBEs, disadvantaged, and veteran-owned businesses. In addition, the District administers a small business enterprise certification program. To be eligible for the District’s SBE certification, a business may not exceed the U.S. Small Business Administration size standard corresponding to its industry classification. More information is available at the District’s website – https://www.mmsd.com/procurement/supplier-diversity.

Information on small business enterprise (SBE), minority business enterprise (MBE), women business enterprise (WBE), or veteran-owned business (VOB) certification may be obtained by visiting the District’s website, via the link above, or by contacting Jose Galvan Jr., District’s

Supplier Development Specialist, at jgalvan@mmsd.com.

In accordance with that District’s S/W/MBE policy, the District requires that the bidder complete and submit the required S/W/MBE Forms (Attachments D-G).

NON-DISCRIMINATION

The bidder must agree not to discriminate against any employee or applicant for employment because of age, race, color, creed, religion, disability, marital status, sex, sexual orientation, national origin, ancestry, citizenship status, arrest or conviction record, membership in the

National Guard, Reserves, or Regular Armed Forces, use of lawful products off bidder’s premises outside of working hours, or any other protected characteristic as required by law.

The bidder will include this requirement in all subcontracts. This requirement will include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The bidder further agrees to take affirmative action to provide equal employment opportunities for persons with disabilities. The bidder will post in conspicuous places available for employees and applicants for employment a notice to be provided by the contracting officer setting forth the provisions of the non-discrimination clause.

In accordance with the District’s Non-Discrimination and Equal Employment Opportunities policy, the District requires that each bidder complete and submit the Equal Employment

Opportunity Data form (Attachment C) and the Certification of Non-Discrimination

(Attachment D) with their bid.

BASIS OF AWARD

The District will award the Contract to the lowest responsible bidder whose bid, conforming to the Specifications, will be most advantageous to the District, considering only price and the price- related factors included in the bid.

https://www.mmsd.com/procurement/supplier-diversity mailto:jgalvan@mmsd.com

REQUIREMENTS FOR BIDDERS

1. Contract Documents

The Contract Documents include the Invitation to Bid, Requirements for Bidders, the Bid, the

Contract, the Specifications, and any attachments.

2. Bidder's Understanding and Declarations

By submitting a bid on this Switchboards procurement through Bonfire, the bidder declares: The only persons or parties interested in this bid are the ones disclosed; in all respects, this bid is fair and without fraud; this bid is made without collusion with any official of the District; and this bid is made without any connection or collusion with any person submitting another bid on this Contract.

Each bidder must make itself thoroughly familiar with all Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to enter into the Contract and complete the procurement according to the Contract Documents. By submitting a bid on this Switchboards procurement through Bonfire, the bidder declares it has carefully examined the Contract

Documents and determined the quantities and qualities of the equipment to be provided.

Each bidder will inform itself of, and the bidder awarded this Contract will comply with, all laws applicable to this procurement. This requirement includes, but is not limited to, applicable laws concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, protection of natural resources, fire protection, burning requirements, taxes, permits, fees, and licensing.

3. Preparation of Bids

All blank spaces on the Bid Worksheet must be completed. The bidder must upload the notarized Signature and Sworn Statement and all other required documents.

4. Bid Security

Bids must be accompanied by cash, a certified check, a cashier's check, or a bid bond issued by a

Surety authorized to issue bid bonds in the State of Wisconsin. The bid security must be at least

5% of the total amount of the bid. This bid security will be given as a guarantee that, if awarded the Contract, the successful bidder will sign the attached Contract.

If the bidder elects to furnish a Bid Bond, the bidder must use the Bid Bond form included in this

Invitation to Bid or one that is substantially similar in form and content. Bid Bonds must comply with Wis. Stats. § 200.47. The Attorney-in-Fact who executes this Bid Bond on behalf of the

Surety must attach a certified copy of the power-of-attorney as evidence of authority to bind the

Surety on the date of execution of the bond. The fully executed Bid Bond must be uploaded to

Bonfire.

Do not use standard surety bid bonds. If you use a standard Surety or Association Bid Bond, the

District will reject your bid. Standard Surety or Association Bid Bonds provide for actual damages and are silent on the requirement of an automatic extension of the bid bond. The statute under which the District operates requires that the bid bond amount be in the form of liquidated and not actual damages. Also, the District’s Bid Bond form provides for an automatic 60-day extension of the bid bond without any further approval of the Surety.

If the bid security is a check or cash, then the bid security must be submitted in a sealed envelope to the attention of the District’s Senior Procurement Specialist as listed in these Contract

Documents. The bid security must be in the District’s possession at 260 West Seeboth Street, Milwaukee, Wisconsin, before the deadline for submission of bids.

5. Bidder Qualification

To determine the bidder's responsibility, before awarding this Contract, the District will investigate the bidder as necessary to determine the performance record and ability of the apparent low bidder to provide the equipment being procured under this Contract. Upon request, the bidder must submit additional information as necessary to evaluate the bidder's qualifications.

6. Basis of Award

Within 120 days after the opening of bids, unless otherwise stated in the Invitation to Bid, the

District will award the Contract to the responsible bidder with the lowest bid complying with the

Invitation to Bid as determined by the following criteria and procedures.

A. To be considered in compliance with the Invitation to Bid (responsive), a bid must:

1. Be completed, signed, and notarized and be responsive in all respects to the conditions of the Invitation to Bid and Requirements for Bidders.

2. Be made on the bid forms provided.

3. Provide product information as requested in the Specifications under

“Submittals with Bid.”

4. Be accompanied by the required bid security. If the bidder elects to furnish bid security other than a Bid Bond, the bid security must be in the District’s possession before the deadline for submission of bids.

5. Contain no alterations to the terms or conditions of these Contract Documents except as specifically directed in these Contract Documents.

B. To be considered responsible, a bidder must establish to the complete satisfaction of the

District that it:

1. Has adequate financial resources to meet the contractual obligations of the

Contract Documents and will maintain the same for the Contract period;

2. Can comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3. Has a satisfactory performance record;

4. Has a satisfactory record of integrity and business ethics;

5. Has the necessary organization, experience, accounting and operational controls, and technical skills (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs) applicable to services to be performed;

6. Has the necessary production, construction, and technical equipment and facilities;

7. Is otherwise qualified and eligible to receive an award under applicable laws; and

8. Can meet the conditions of the small, women's, and minority business enterprise requirements contained in these Contract Documents.

The bidder must correct any deficiencies in items related to responsibility within three business days of receipt of notice from the District that its bid is being considered for award. If the bidder fails to correct the deficiencies in the required time, the District may find the bidder is not responsible and reject that bidder’s bid.

The District reserves the right to reject all bids or any bid not in compliance with the Contract

Documents and to waive any informalities or irregularities in bids received.

7. Award of Contract and Notice to Proceed

Award of the Contract will be effective as of the date the Notice of Award is delivered to the successful bidder, or if mailed, the postmark date. Award will be made within 120 days after the opening of bids.

Within 10 days, not including Sundays and legal holidays, after receiving the Notice of Award, the successful bidder will sign and deliver two copies of the Contract to the District and the

Certificate of Insurance. Within 20 days, not including Sundays and legal holidays, after receipt of all properly signed Contract Documents with an acceptable Certificate of Insurance, the

District will sign the Contract. Signature by both parties constitutes execution of the Contract.

Within 30 days of execution, the District will issue the Notice to Proceed.

8. Failure to Sign Contract or Furnish Certificate of Insurance

The bidder who has the Contract awarded to it and who fails to sign the Contract or furnish an acceptable Certificate of Insurance will forfeit its bid security and the District will retain it as liquidated damages. The bidder and the District agree this sum is a fair estimate of the amount of damages the District will sustain if the selected bidder fails to enter into the Contract and furnish the Certificate of Insurance.

9. Small, Women, Veteran, and Minority Business Enterprise Requirements

The policy of the District is to give small, women, veteran, and minority business enterprises

(S/W/MBE) the maximum feasible opportunity to participate in District procurements.

The District has a goal of any participation by small, women, veteran, and minority business enterprises for this Contract. Every bidder is required to make good faith efforts to achieve the percentage participation goals established for this Contract and to make good faith efforts to include small, women's, and minority businesses to the maximum extent possible. The attainment of the participation goals and good faith efforts to attain the maximum possible small, women's, and minority business enterprise participation on this Contract is a matters of bidder responsibility. The bidder must demonstrate its efforts to the District’s satisfaction.

The District will accept only those small, women, veteran, and minority business enterprises that have been certified on the date the Contract is awarded by the District.

The good faith efforts of the bidder are dependent on the quality of the affirmative steps and the positive efforts taken by the bidder to include small, women, veteran, and minority businesses in the bid and will be considered in determining whether the bidder has proven its responsibility to be a contractor for the District. If all bid prices are equal, the bidder who meets or exceeds the aforementioned goals may be given preference over another bidder with lesser participation

If this bid is accepted, then the bidder will submit to the District fully acknowledged copies of all

SBE/WBE/VBE/MBE related sub-agreements, subcontracts, purchase contracts, or similar commercial transaction documents within 10 days, not including Sundays and legal holidays, after receiving the Notice of Award.

The District has implemented an online Contract and Vendor Management System provided by

B2GNow to monitor S/W/V/MBE participation and compliance with subcontractor prompt payments and, when applicable, mentor protégé reporting requirements. The selected bidder will be required to use the secure web-based system to submit monthly project information on progress payments to all S/W/V/MBE firms and subcontractors. All subcontractors will be required to verify progress payments.

10. Build America, Buy America Act Requirements

This District intends to utilize Clean Water Fund Program (CWFP) loan funds for this project.

As such, the equipment supplied to the District under this Contract must comply with the Build

America, Buy America Act requirements set forth in P.L. 117-58, §§ 70901-52.

If awarded the Contract, the selected bidder shall supply manufactured products produced in the

United States. The cost of the components mined, produced, or manufactured in the United

States shall be greater than 55 percent of the total cost of all components of the manufactured product unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

If awarded the Contract, the selected bidder shall provide any certifications or other records required by the funding agency.

11. Delivery

The time for delivery of the equipment required under this Contract is the essence of the

Contract. The time allowed for delivery of the equipment is 400 days from the day the District issues the Notice to Proceed (Delivery Deadline).

Submittals required under this Contract that would affect the start of manufacture can be submitted by the selected bidder at any time after the District issues the Notice of Award, notwithstanding the fact that the Contract has not been executed or the Notice to Proceed issued.

Notwithstanding the selected bidder’s right to make early submittals, no cause for delay or time extension will arise under the Contract unless the District fails to respond to these submittals within 30 days after issuance of the Notice to Proceed and the delay impacts the Delivery

Deadline.

12. Liquidated Damages

If the bidder is awarded the Contract and fails to deliver the promised equipment by the Delivery

Deadline as specified in Section 11. Delivery directly above, or by any extended time limits agreed upon between the selected bidder and the District, then the selected bidder will pay liquidated damages to the District at the rate of $20.00 per day until delivery of the equipment is made.

13. Sales and Use Taxes

This procurement is exempt from State of Wisconsin Sales and Use Taxes.

14. Lump Sum and Unit Prices

The bidder will accept as full payment the amounts computed under the provisions of the

Contract Documents based on the lump sum or unit prices identified in the bid. Unit prices are independent of the total quantity purchased.

The District may reject any bid which, in its sole judgment, is unbalanced.

Small, Veteran, Women, and Minority Business Enterprises

The District has a strong commitment to Small, Veteran, Women, and Minority business enterprises

(SWMBE). To encourage SWMBE participation, procurement goals are any for MBEs, any for

SBE/VBEs, and any for WBEs. Firms interested in fulfilling these goals must be certified. The District offers its own small business certification. The District also recognizes SWMBE certifications from other agencies.

Vendor Registration

All firms wishing to do business with District must register as a vendor in the Contract and Vendor

Management System. By registering with the District, your organization will receive notices for relevant procurement opportunities via e-mail. Firms seeking SWMBE certification must be registered before their certification can be approved.

District Small Business Certification

To apply for District SBE Certification, businesses must complete the Small Business Certification application. This Certification is valid for three years. To renew their certification, firms must submit a new application and business tax returns for the past three years.

The District’s Small Business Enterprise (SBE) certification program is aligned with the U.S. Small

Business Administration (SBA) in its definition of a small business. A small business is defined as a business not exceeding the SBA size standard for its industry.

A size standard represents the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business. SBA size standards vary by industry classification and can be defined by average annual receipts for the past three years or average number of employees over the past twelve months. Businesses can use the SBA size standards tool to determine if their business can be classified as a small business.

Recognized SWMBE Certifications

While various entities provide SWMBE certification services, below are links to the most common

SWMBE certifications recognized by the District.

WI Dept of Administration Supplier Diversity Programs MBE, WBE and DVB Certifications

WI Dept of Transportation DBE Certification provided it reflects minority or gender status

Milwaukee County DBE Certification provided it reflects minority or gender status

City of Milwaukee SBE Certification

Women's Business Enterprise National Council

North Central Minority Supplier Development Council

Businesses certified by one of these agencies should submit a copy of their certificate or approval letter to the SWMBE program for inclusion in the District’s SWMBE public directory.

SWMBE Public Directory

In a public directory, the District will list SWMBE firms that register with the District through the vendor registration process and provide proof of their certification.

After the District has reviewed and accepted the registration of certificated SWMBE firms, this information becomes immediately available in the online certified public vendor directory on the

District's website.

http://1.https/mmsd.diversitycompliance.com/FrontEnd/StartRegistry.asp?TN=mmsd&XID=9766&QT=FAFA9B94E7D237989D726F159A8B359B3886F95E561F3AFE http://1.https/mmsd.diversitycompliance.com/FrontEnd/StartRegistry.asp?TN=mmsd&XID=9766&QT=FAFA9B94E7D237989D726F159A8B359B3886F95E561F3AFE https://www.mmsd.com/download_file/view/1434/334 https://www.mmsd.com/download_file/view/1434/334 https://www.sba.gov/size-standards/ http://www.doa.state.wi.us/Divisions/Enterprise-Operations/Supplier-Diversity-Program http://www.dot.wisconsin.gov/business/engrserv/dbe-main.htm http://county.milwaukee.gov/cbdp/CertificationServices.htm http://city.milwaukee.gov/OSBD http://www.wbenc.org/ http://northcentralmsdc.net/ https://mmsd.diversitycompliance.com/FrontEnd/VendorSearchPublic.asp?TN=mmsd&XID=9030 https://mmsd.diversitycompliance.com/FrontEnd/VendorSearchPublic.asp?TN=mmsd&XID=9030

BIDDER'S SIGNATURE AND SWORN STATEMENT

State of )

) SS

County of )

I certify I am submitting this Bid on behalf of

(Name of Bidder) a (check one):

____ Corporation ____ Partnership

____ Sole Proprietorship ____ Joint Venture

____ Other (Describe) of the City of______________________________________________________________

State of ___________________________________________________________________

I have examined and prepared the submitted Bid based on the information contained in the

Contract Documents provided with the Bid. I have checked the Bid in detail before submitting it.

I certify the Small/Women's/Minority Business Enterprise participation for this procurement is

(_____) percent of the total Contract price. If the above blank is not filled in, my goal is any percentage. The Small, Women’s, and Minority Business Enterprise Breakdown Form provided with this Bid demonstrates this participation.

I have full authority to make these statements and submit this Bid on behalf of the Bidder. These statements are true and correct to the best of my knowledge and belief.

The Bidder hereby acknowledges it has received Addenda Numbers ___, ___, ___, ___ to these

Contract Documents. (The Bidder will insert the number of each Addendum received.)

NOTE: Under Wisconsin state law, the Bidder’s signature MUST be notarized.

Bidder:

Signature ________________________________

Title ____________________________________

Notary:

This document was subscribed and sworn before me this ____ day of ___________________, 20___

Notary Public - State of ___________________

My Commission expires: __________________

NOTE: STANDARD SURETY BID BOND FORMS

DO NOT MEET THE REQUIREMENTS OF THIS FORM

BID BOND

Switchboards

Contract S01013D05

KNOW ALL PEOPLE BY THESE PRESENTS, that _____________________________________ the "BIDDER" (Principal), and ____________________________________________________ a corporation duly organized under the laws of the State of ______________________________, having its principal place of business at _____________________________________________

________________________________________________________________________, in the

State of _______________________, and authorized to do business in the State of Wisconsin, as SURETY, are held and firmly bound unto the Milwaukee Metropolitan Sewerage District, the "DISTRICT" (Obligee), in the penal sum of:

____________________________________________________________________ DOLLARS

and ___________________________________________CENTS, ($_____________________), or, if no amount is shown, in the amount of five percent of the amount of the Bid, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS the BIDDER is submitting a Bid for Switchboards, S01013D05, and this Bid is incorporated into this Bid Bond by reference.

NOW, THEREFORE, if the Bid submitted by the BIDDER is accepted, the Contract is awarded to the BIDDER, and the BIDDER executes the proposed Contract within the time fixed by the Contract Documents, then this obligation will be void. If the BIDDER fails to execute the proposed Contract or fails to satisfy any of the conditions for executing the Contract, then the SURETY will to pay to the DISTRICT the penal sum as liquidated damages within 10 days of the failure.

The SURETY executing this instrument agrees that its obligation will not be impaired by any extension of time for acceptance of the Bid that the BIDDER may grant to the District and the SURETY waives any right to be notified of this extension, provided that this waiver of notice will apply only to extensions aggregating not more than 60 days to the period originally allowed for acceptance of the Bid.

Signed and sealed this __________________ day of ____________________________, 20____

BIDDER

By:

SURETY

By:

Attorney-in-Fact

NOTE: The SURETY named on this bond will be one who is licensed to conduct business in the State of Wisconsin and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 by the U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the SURETY at the time of the signing of this bond.

Contract and General Conditions

Contract S01013D05

This procurement contract (Contract) is between the Milwaukee Metropolitan Sewerage District

(District), with its principal place of business at 260 West Seeboth Street, Milwaukee, Wisconsin

53204 and _____________________ (Vendor), with its principal place of business at

1. EQUIPMENT TO BE DELIVERED

The Vendor will deliver to the District the Equipment listed in the Specifications, which are attached to and made a part of this Contract. All of the manufactured products provided under this Contract must be produced in the United States in a manner that complies with the Build

America, Buy America Act requirements set forth in P.L. 117-58, §§ 70901-52.

The Vendor will deliver the Equipment to the District’s South Shore Water Reclamation Facility at 8500 5th Avenue, Oak Creek, WI 53154 during the District’s normal business hours (Delivery

Location) with at least 5 business days’ notice to the District and Veolia.

The Equipment shall be delivered by the Delivery Deadline as specified within the Requirements for Bidders section of these Contract Documents.

2. RESERVED

3. TERM

This Contract will be effective upon the date of last signature below and shall remain in effect until December 31, 2027.

4. PRICE AND PAYMENT TERMS

The District will pay the Vendor an amount not to exceed at $__________, according to the prices identified in the submitted bid by the Vendor. The pricing includes all travel expenses, incidentals, packaging, transportation costs to the Delivery Location, insurance, customs, duties, fees, and applicable taxes as to the Equipment. No increase in prices is effective without the prior written consent of the District. The Vendor shall submit one invoice following delivery and acceptance of the Equipment.

In the event of a payment dispute, the District will deliver a written statement to the Vendor no later than five days before the date payment is due on the disputed invoice. The statement will list all disputed items and provide a reasonably detailed description of each disputed item.

Amounts not disputed are accepted and will be paid. The parties will seek to resolve all disputes expeditiously and in good faith. The Vendor will continue performing its obligations under this

Contract notwithstanding a dispute.

5. DEFINITIONS

CLAIM

A "claim" is a written statement requesting additional time and/or money for acts or omissions during the performance of the Contract. The party asserting the claim must set forth the facts and circumstances for which the other party is responsible.

CONTRACT DOCUMENTS

The "Contract Documents" consist of the Invitation to Bid, the Requirements for Bidders, the

Bid, the Contract and General Conditions, the Specifications, the Attachments, all Addenda issued prior to the opening of Bids, and all Change Orders issued after the execution of the

Contract.

DEFECTIVE

"Defective" means (i) unsatisfactory, faulty, or deficient; (ii) not conforming to the Contract

Documents; (iii) failing any inspection, test, or approval described in the Contract Documents;

(iv) damaged before acceptance by the Engineer; or (v) not conforming to generally accepted standards of quality.

ENGINEER

"Engineer" means the firm or person designated by the Executive Director of the Milwaukee

Metropolitan Sewerage District as the Milwaukee Metropolitan Sewerage District’s authorized representative for this Contract.

EQUAL

"Equal" means same or better than the specified product named in the Specifications with respect to features, materials of construction, function, performance, reliability, quality, general dimensional configuration, operations and maintenance costs, and static and dynamic loads. The

Engineer will determine quality according to project design requirements.

DISTRICT

"District" means the Milwaukee Metropolitan Sewerage District acting through its Executive

Director or the Executive Director’s duly authorized representative.

VEOLIA WATER MILWAUKEE, LLC

“Veolia Water” or “Veolia” will mean the Milwaukee Metropolitan Sewerage District’s contract operator, Veolia Water Milwaukee, LLC.

6. INTENT OF CONTRACT DOCUMENTS

The written provisions of the Contract Documents represent the entire and integrated agreement between the parties and supersede all prior negotiations, representations, or agreements, either written or oral. The Contract Documents do not create any contractual relationship of any kind between the Engineer and the Vendor.

7. DELIVERY DEADLINE

The Vendor will deliver the specified Equipment by the Delivery Deadline or as otherwise agreed in writing by the parties. Timely delivery of the Equipment is the essence of this

Contract. If the Vendor fails to deliver the Equipment in full by the Delivery Deadline, then the

District may enforce liquidated damages as indicated in these Contract Documents and/or terminate the Contract by providing written notice to the Vendor and the Vendor will indemnify the District against any losses, claims, damages, and reasonable costs and expenses directly attributable to Vendor’s failure to deliver the Equipment by the Delivery Deadline.

8. TITLE AND RISK OF LOSS

Title passes to District upon delivery of Equipment to the Delivery Location. The Vendor bears all risk of loss or damage to Equipment until delivery of the Equipment to the Delivery Location.

The Vendor is solely responsible for all costs of shipping and insurance during transit.

9. PACKAGING

The Vendor will package the Equipment according to District’s instructions. In the absence of instructions, the Vendor will package the Equipment to achieve delivery in an undamaged condition. The Vendor must provide written notice to District if the District must return any packaging material. Any return of packaging material will be at the Vendor’s expense.

10. TAXES AND CHARGES

The Vendor will withhold and pay all withholding taxes, whether State or Federal and all Social

Security and all State Unemployment Compensation taxes for its employees. The Vendor will pay all taxes, charges, fees, or any other sums whatsoever, which are currently, or may be required to be paid or withheld, under any applicable laws.

This procurement is exempt from State of Wisconsin Sales and Use Tax.

11. INSPECTION AND REJECTION OF DEFECTIVE EQUIPMENT

The District, represented by the Engineer or by a representative of Veolia Water, has the right to inspect the Equipment on or after the date of delivery of the Equipment. At its sole option, the

District may inspect all or a sample of the Equipment and may reject all or any portion of the

Equipment that it deems Defective.

If the Equipment is Defective, the District has the right, effective upon written notice to Vendor, to: (a) terminate this Contract in its entirety; (b) accept the Equipment at a reasonably reduced price; or (c) reject the Equipment and require replacement of the rejected Equipment. If District requires replacement of the Equipment, Vendor will, at its expense, promptly replace the

Defective Equipment and pay for all related expenses including, but not limited to, transportation charges for the return of the Defective Equipment and the delivery of replacement Equipment. If the Vendor fails to promptly deliver replacement Equipment, then the District may replace the

Equipment through a third party and charge the Vendor for the replacement Equipment and terminate this Contract. Any inspection or other action by the District under this Section will not reduce or otherwise affect the Vendor's obligations under this Contract. The District may conduct further inspections after the Vendor has completed its remedial actions.

12. WARRANTIES

The Vendor warrants to the District that for a period of five years from the date of delivery of the

Switchboard Equipment, the Equipment will: (a) be free from any defects in workmanship, material, and design; (b) conform to the Specifications provided for in these Contract

Documents; (c) be fit for their intended purpose and operate as intended; (d) be merchantable; (e) be free and clear of all liens, security interests, or other encumbrances; and (f) not infringe or misappropriate any third party's patent or other intellectual property rights. These warranties survive any delivery, inspection, acceptance, or payment by the District as to the Equipment.

These warranties are cumulative and in addition to any other warranty provided by law or equity.

Any applicable statute of limitations runs from the date of the District's discovery of the noncompliance of the Equipment with the foregoing warranties. If the District gives the Vendor notice of noncompliance with this Section, then the Vendor will, at its own cost and expense, promptly replace or repair the Defective or nonconforming Equipment and pay for all related expenses including, but not limited to, transportation charges for the return of the Defective or nonconforming goods to the Vendor and the delivery of repaired or replacement Equipment to

District.

13. GENERAL INDEMNIFICATION

The Vendor will defend, indemnify, and hold harmless the District and the District's commissioners, officers, directors, and employees (collectively, "Indemnitees") against any loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorneys’ and professional fees and costs, and the cost of enforcing any right to indemnification and the cost of pursuing any insurance providers

(collectively, "Losses") arising out of or occurring in connection with the Equipment purchased from the Vendor or Vendor's negligence, willful misconduct, or breach of this Contract. The

Vendor will not enter into any settlement without the District's or Indemnitee's prior written consent.

14. INTELLECTUAL PROPERTY INDEMNIFICATION

At its expense, the Vendor will defend, indemnify, and hold harmless the District and any

Indemnitee against any Losses arising out of or in connection with any claim that the District's or

Indemnitee's use or possession of the Equipment infringes or misappropriates the patent, copyright, trade secret, or other intellectual property right of any third party. In no event will the

Vendor enter into any settlement without District's or Indemnitee's prior written consent.

15. COMPLIANCE WITH LAW

The Vendor will comply with all applicable laws, regulations, and ordinances applicable to this

Contract. Vendor will maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Contract. The Vendor will comply with all export and import laws of all countries involved in the sale of the Equipment through this Contract. The Vendor is responsible for shipments of Equipment requiring any government import clearance. The District may terminate this Contract if any government authority imposes antidumping duties, countervailing duties, or any retaliatory duties on the

Equipment.

16. ASSIGNMENT

The Vendor will not assign, transfer, delegate, or subcontract any of its rights or obligations under this Contract without the prior written consent of the District. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the Vendor of any of its obligations under this Contract.

17. SUBCONTRACTING

Any entity that participated in the preparation of the Specifications for this Contract is prohibited from participating as a Vendor or a subcontractor for this Contract.

The Vendor will not make any changes or substitutions in the listing of subcontractors and suppliers submitted with its bid without written approval of the District. The Vendor will notify the District in writing of any proposed changes to listed subcontractors or suppliers. The Vendor will provide appropriate documentation and reasons. The District will not approve requests for changes or substitutions based upon price alone.

The Vendor is as fully responsible to the District for the acts and omissions of its subcontractors or suppliers at any tier and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by the Vendor.

The Vendor will pay all claims for labor performed, including fringe benefits, and materials used or consumed in the furnishing of the Equipment including, without limitation because of enumeration, those items listed in Wis. Stats. § 779.14(1e).

The Vendor will comply with Wis. Stats. § 66.0135 and make payments to subcontractors within seven days of receipt of payment by the Vendor from the District. The District may directly pay any subcontractor or pay the Vendor with checks that are made payable to the Vendor and one or more subcontractors.

The Vendor will include in its agreements with subcontractors, including suppliers and manufacturers of the Equipment, the provisions and requirements of these Contract Documents as applicable to their role under this Contract, together with any other provisions as may be required pursuant to applicable law.

Nothing contained in these Contract Documents will create any contractual relationship between the District or the Engineer and any subcontractor or supplier.

18. INSURANCE AND LIABILITY

The Vendor and any subcontractor and/or supplier furnishing the Equipment to the District through this Contract must provide the District with evidence of the following minimum insurance coverages. These minimum requirements do not limit the liability assumed elsewhere in the Contract.

The Vendor and any subcontractor and/or supplier furnishing the Equipment to the District through this Contract will, at their sole expense, maintain the following insurance coverages:

A. Commercial General Liability Insurance including contractual coverage

The limits of this insurance for bodily injury and property damage combined will be at least:

Each Occurrence Limit $1,000,000

General Aggregate Limit $2,000,000

Products-Completed Operations Limit $2,000,000

Personal and Advertising injury Limit $1,000,000

No exclusions for explosion, collapse, or underground work are permissible. This insurance will be primary and non-contributory.

B. Business Automobile Liability Insurance

If the performance of this Contract involves the use of automobiles, then the Vendor will provide comprehensive automobile insurance covering the ownership, operation, and maintenance of all owned, non-owned, and hired motor vehicles. The Vendor will maintain limits of at least

$1,000,000 per occurrence for bodily injury and property damage combined.

C. Workers Compensation Insurance

The Vendor will provide Workers Compensation Insurance as required by Wisconsin statute and provide Employer’s Liability insurance with limits not less than $100,000 for each accident, $100,000 disease – each employee, $500,000 disease – policy limit, for all employees to be engaged in the furnishing of the Equipment under this Contract. The Vendor will have Workers

Compensation Insurance endorsed to contain the “all states” endorsement to cover against claims for injury, disease, or death of employees which for any reason may not fall within the provisions of the State of Wisconsin’s Workers Compensation Law.

Additional Requirements:

The insurance specified in (A) and (B) will name the District and its commissioners, directors, officers, employees, and agents as additional insureds by endorsement to the policies.

Policies must include a severability of liability clause and cross-liability clause.

The Vendor may obtain the required insurance through any combination of primary and excess or umbrella liability insurance.

The Vendor will require each of its subcontractors and suppliers to maintain insurance as listed above. As an alternative, the Vendor may provide the required insurance to cover its subcontractors and suppliers.

Except where prohibited by law, all insurance policies will contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against the District, its commissioners, agents, servants, invitees, and employees and their insurers.

The Vendor will provide certificates evidencing the coverages, limits, and provisions specified above on or before the execution of this Contract and thereafter upon the renewal of any of the policies.

For any coverage required by this Contract, the Vendor will require all insurers to provide the

District with a 30 day advanced written notice of any cancellation, nonrenewal, or material change, and 10 day notice of cancellation for nonpayment.

The certificate of insurance shall note the Contract number and contain the following statements:

The Milwaukee Metropolitan Sewerage District and its commissioners, directors, officers, employees, and agents are Additional Insureds. Waiver of Subrogation applies and is in favor of the Milwaukee Metropolitan Sewerage District and its commissioners, directors, officers, employees, and agents. Coverage is primary and non-contributory.

Coverage must be…