2025 Electrical Equipment Maintenance Project-Bid Documents-2oct25.pdf

Request for Proposals

2025 Electrical Equipment Maintenance Project

Madison, Wisconsin

October 2025

TABLE OF CONTENTS

SECTION PAGE

ADVERTISEMENT………..………………………………………………………………..………. A-1

INSTRUCTIONS TO BIDDERS…………………………………………............................ I-1

MMSD PRE-QUALIFICATION FORMS…………………………………………………...... PQ-1

PROPOSAL………………………………………………………….……………………………..…… P-1

CONTRACT……………………………………………………….…...……………………………..… C-1

MMSD GENERAL CONDITIONS…………………….……………..……………………..…. GC-1

SUPPLEMENTARY CONDITIONS…………………….……………..……………………..…. SC-1

REQUEST FOR PROPOSALS……………...……………………….................................. 1-59

A-1

ADVERTISEMENT FOR BIDS

MADISON METROPOLITAN SEWERAGE DISTRICT

2025 ELECTRICAL EQUIPMENT MAINTENANCE TESTING PROJECT

The Madison Metropolitan Sewerage District (MMSD or the District) will receive sealed bids for the 2025 Electrical Equipment Maintenance Testing Project. Bids will be received at the office of the District, 1610 Moorland Road, Madison, Wisconsin 53713 until 1:00 p.m. local time on Tuesday, November 4, 2025, at which time and place all bids will be publicly opened and read aloud.

The project is located at MMSD’s Nine Springs Wastewater Treatment Plant and its 18 Regional Pump Stations, all located in Dane County, Wisconsin.

The project scope includes routine maintenance testing of large electrical equipment such as dry type transformers, metal clad transformers, low and high voltage motors, low voltage MCC’s, substation transformers, automatic transfers switches, low voltage power circuit breakers, freon type transformers, and low voltage molded case circuit breakers.

Complete digital project bidding documents are available by visiting the District’s website at https://www.madsewer.org/contracting-center/. No paper project documents will be provided by

MMSD.

Bids shall be addressed to the Madison Metropolitan Sewerage District; Erik Rehr, Maintenance and Reliability Manager; 1610 Moorland Road; Madison, Wisconsin 53713; and shall be marked “Sealed Bid, 2025 Electrical Equipment Maintenance Testing Project.” This project is exempt from State of Wisconsin sales and use taxes in accordance with Wisconsin Administrative Rule Tax 11.11 pursuant to Section 77.54(26) of the Wisconsin Statutes. Contract letting is subject to the provisions of Section 66.0901, Wisconsin Statutes.

All prospective bidders must submit qualifications for review and approval by the District.

Prequalification applications will be distributed with the Contract documents or can be obtained from the District. Bidders who have already submitted prequalification documentation to the District within the current calendar year need not resubmit but must notify the District in writing by the due date (using the form provided) of their desire to prequalify for this specific work. Prequalification applications must be completed and emailed to prequalifications@madsewer.org no later than 4:00 p.m., Monday, October 27, 2025. Bidders will be notified only of disqualification no later than 4:00 p.m., Thursday, October 30, 2025. If a bidder has not filed the prequalification application, their bid shall not be opened.

All questions regarding the project shall be directed to Erik Rehr, Maintenance and Reliability Manager, Madison Metropolitan Sewerage District. Phone: (608) 709-1833, Cell (608) 514-3126, FAX (608) 222- 2703, email: rfp@madsewer.org.

The District reserves the right to reject any or all bids or to waive any technicality and accept any bid that may, in its opinion, be advantageous to the District.

In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, https://www.madsewer.org/contracting-center/ mailto:prequalifications@madsewer.org mailto:rfp@madsewer.org

A-2 handicap, sex, physical condition, developmental disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff and termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor further agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

Published by authority of the Commissioners of the Madison Metropolitan Sewerage District.

By_____________________________________ Bradley Murphy, Secretary

Madison, Wisconsin

October 2025

I-1

INSTRUCTIONS TO BIDDERS FOR

2025 ELECTRICAL EQUIPMENT MAINTENANCE TESTING PROJECT

1. PREPARATION OF PREPOSALS

a. General

All Proposals must be made on the forms herein provided. In case of a conflict between a unit price bid and the corresponding extended amount, the unit price bid shall govern.

When any proposal by combination or joint venture is presented, the District will require that one responsible party be delegated authority to act for the joint venture.

b. Basis on Which Bids Are Requested

Bids are requested on the basis of lump sum and unit prices as clearly set forth in the Proposal forms. Where unit prices are requested, quantities are subject to variation, and payment will be made on the basis of actual quantities of completed work as measured by the Engineer. Such measurement will be made in terms of the units indicated in the Proposal form.

All work included under the Contract Documents but not listed as bid items shall be considered as work incidental and subsidiary to the bid items and will not be measured for payment.

When so indicated in the Proposal form, the bidder shall provide supplemental unit prices for the purpose of additions to, deductions from, or modifications of the planned work.

c. Bidder’s Responsibility

The bidders are required to carefully review all the Contract Documents and to inform themselves of the conditions under which the work is to be performed.

The bidder, if awarded the Contract, shall not be allowed any extra compensation by reason of his failure to have fully informed himself prior to the bidding of any matter or thing which such bidder might have fully informed himself. The bidder shall obtain the permission of the property owner and the District prior to entering any private property for inspection, subsurface exploration, or any other purposes.

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d. Interpretation of Contract Documents

If the bidder is in doubt as to the true meaning of any part of the Contract Documents, the bidder may submit to the District a written request for an interpretation thereof. Any interpretation of the Contract Documents will be made only by an addendum duly issued.

e. Sales Tax

The bidders shall note the policy regarding sales tax as stated in the Proposal Form.

f. Requirements for Signing Bids

1. Bids which are not signed by individuals making them shall have attached thereto a power of attorney with authority to sign the bid in the name of the person for whom it is signed.

2. Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney extending authority to sign the bid executed by the partners.

3. Bids signed for a corporation shall have the correct corporate name thereon and the signature of the president or other authorized officer of the corporation manually written below the corporate name.

Any bid manually signed by an official other than the president of the corporation shall have attached to it a certified copy of a resolution of the Board of Directors directing authority of such official to sign the bid and bearing the attesting signature of the secretary of the corporation. The impression of the corporate seal shall be placed on the bid. If the corporation does not have a seal, a statement to that effect shall appear following the corporate name.

g. Balanced Bid Requirement

Bidders shall make an effort to correctly proportion their actual costs and profit margins with bid items. Proposals should have unit prices for items which are proportionate to one another and all bid items should have corresponding unit prices. If the District determines that a proposal is significantly unbalanced and as such presents undue risk, the District reserves the right to reject any such bids as non-responsive.

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2. PREQUALIFICATION OF BIDDERS

The requirements for prequalification of Bidders are as stated in the Advertisement.

3. PRE-BID CONFERENCE

A pre-bid conference is not required. Bidders are encouraged to schedule a time to review the site prior to bidding.

4. BID GUARANTEE

No proposal will be accepted unless accompanied by a certified check or bid bond equal to at least five percent (5%) of the amount proposed, payable to the District, as guarantee that if the Proposal is accepted, the bidder will execute and file the proper Contract within ten (10) calendar days after award of the Contract. Certified checks will be returned to bidders upon proper execution of the Contract. If the successful bidder shall fail to execute and file the Contract within ten (10) calendar days after the award of the Contract, the certified check or bid bond shall be forfeited to the District as liquidated damages.

5. DELIVERY OF BIDS

Each bid shall be placed, together with the bid guarantee, in a sealed envelope and endorsed as stated in the Advertisement. Proposals will be received until the hour and date set for the opening thereof and must be by that time in the possession of the Madison Metropolitan Sewerage District.

6. WITHDRAWAL OF BIDS

A bidder may withdraw his proposal, providing such a written request is in the hands of the District by the time set for opening proposals. When such a proposal is reached, it will be returned unopened to the bidder. No proposal shall be withdrawn after the opening of proposals for a period of thirty (30) calendar days after the scheduled time of receiving proposals without the consent of the District.

7. AWARD OF CONTRACT

Within twenty (20) calendar days after the opening of proposals, the Owner will accept one of the Proposals or will act in accordance with “Basis of Award,” as stated herein. The acceptance of the Proposal will be by written Notice of Award, mailed or delivered to the office designated in the Proposal. If the bidder whose Proposal is accepted should fail to execute the proper Contract within the time allowed in “Execution of Contract,” the Owner may award the Contract to another bidder in accordance with the “Basis of Award”; and the certified check or bid bond of the first-mentioned bidder shall be forfeited.

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8. BASIS OF AWARD

The District reserves the right to reject any or all proposals or to waive any irregularities in any proposal or to accept any proposal which will be in the best interests of the District.

The District also reserves the unrestricted privilege to reject any unit prices for additions to or deductions from the scheduled amount of work as given in the proposals, if the same are considered excessive or unreasonable, or to accept any or all of such unit prices which may be considered fair or reasonable.

Before award of any Contract can be approved, the District shall be satisfied that the bidder involved:

a.) maintains a permanent place of business.

b.) has adequate plant and equipment to do the work properly and expeditiously, c.) has a suitable financial status to meet obligations incident to the work, d.) has appropriate technical experience, and e.) has a satisfactory performance record.

The award, if made, will be made to the responsive, responsible bidder.

9. EXECUTION OF CONTRACT

Within ten (10) calendar days after receiving the Notice of Award, the successful Bidder shall sign the Contract hereto attached, and submit to the District acceptable certificates of insurance required under the Contract Documents. Within fifteen (15) calendar days after receiving the signed Contract from the successful bidder, the Owner’s authorized agent will sign the Contract. Three executed counterparts of the Contract and certificates of insurance will be required.

10. PERFORMANCE AND PAYMENT BONDS

Not Required

11. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

a) In connection with the performance of Work under this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, national origin or developmental disability as defined in Wisconsin Statutes. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for

I-5 training, including apprenticeship. Contractor further agrees to take affirmative action to ensure equal employment opportunities for persons with disabilities.

Contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause, a copy of which is included in the Contract Documents.

12. OTHER PROVISIONS

a) The Contract letting shall be subject to the applicable provisions of the Wisconsin Statutes, Section 66.0901.

PRE-QUALIFICATION APPLICATION

THE CONTENTS OF THIS QUESTIONNAIRE SHALL BE CONFIDENTIAL FOR THE EXCLUSIVE USE OF THE

CONTRACTING AGENCY AND SHALL NOT BE MADE PUBLIC EXCEPT BY WRITTEN PERMISSION OF

THE PROSPECTIVE BIDDER.

INFORMATION / INSTRUCTIONS

1) To be submitted by all prime bidders. All others to submit as required by the bidding documents.

2) Must be received by The District prior to deadline stated in bidding documents. Additional information, if necessary, may be requested by the District.

3) Fill out and send questionnaire (IN PDF FORMAT) to: Prequalifications@madsewer.org

4) Bidder’s Statement of Request for Pre-Qualification (Green Sheet) must be filled out for every project.

5) Statement of Qualifications (Blue Sheets) are valid for the current calendar year only.

(EXAMPLE: project bid in June, statement of qualifications valid until 12/31)

6) Submission of the Blue Sheets section of the application does not grant automatic approval for all projects advertised by the District in the current calendar year. Qualifications are still reviewed project to project by project engineer.

PREQUALIFICATION STATEMENT

There is submitted herewith for your consideration, pursuant to Section 66.0901(2), Wisconsin Statutes, a statement of qualifications of the undersigned to furnish the necessary labor, materials, and skills required to enter upon and complete contracts for Madison Metropolitan Sewerage District.

BIDDER’S STATEMENT OF REQUEST FOR PRE-QUALIFICATION

IDENTIFICATION

1. Firm’s Name:_________________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: ____________________________

E-Mail: _____________________________________________________________________

□ Individual Owner

Number of years in business under present name: __________

Is the business a: □ □ Corporation (includes LLC and S) Partnership

If a Corporation: Year incorporated: ______________

State incorporated: ___________________

Contact information regarding questions related to this form:

Name: ______________________________________________

Telephone Number: ____________________________________

Email Address: _______________________________________

2. The above-named Bidder requests to be pre-qualified for construction of the following project/contract:

Prime Contractor Subcontractor Which do you wish to qualify as (select all that apply):

Please specify trade(s) : ______________________________________________

Bidder HAS NOT submitted a Statement of Qualifications within the current calendar year. Documentation is required. Proceed to following page, complete forms and attach documentation.

Bidder HAS submitted a Statement of Qualifications within the current calendar year. A new Statement of Qualifications is not required. Bidder acknowledges his/her intent to be pre-qualified for the above-named project(s) by signing and dating this form below and by returning this form to the District prior to the deadline stated in the bidding documents.

Firm Name

Signature

Title

Date

BIDDER’S STATEMENT OF QUALIFICATIONS

EXPERIENCE

I - PERSONNEL

What is the experience of the principal individuals, including officers, superintendents and/or foremen/women, of your organization? Provide information similar to the table below:

Name Present Position/Title Years of Experience Description of Duties

(1) (3) (3) (4)

Average number of employees during the last 12 months:

Office: Skilled: Unskilled:

II - PROJECTS COMPLETED

Provide a list of work performed on any projects pertinent to the type of work for which pre-qualification is desired.

Provide information similar to the table below. Under "Capacity", state whether the work was as a Prime Contractor, Subcontractor, etc.

Year Finished

Project Name

Type of Work Capacity Contract

Amount ($) Reference

Name Reference City, State

Reference Phone #

Reference Email

(1) (2) (3) (4) (5) (6) (7) (8) (9)

III - CURRENT CONTRACTS

Attach information related to current contracts. Highlight contracts that are for work similar to the type of work for which pre-qualification is desired. Provide information similar to the table below:

Project Name Owner %

Complete Contract

Amount ($) Completion

Date Type of Work

Reference Name

Reference City, State

Reference Phone #

Reference Email

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

IV - EQUIPMENT

Provide a list of major pieces of equipment owned and available when needed for proposed work. Provide information similar to the table below:

No. of Each Description Model/Size Capacity Year

(1) (2) (3) (4) (5)

CONTRACTUAL RESPONSIBILITY

Answering "yes" to any of the following questions may not directly disqualify a company from becoming approved to bid by the District. However, failure to answer truthfully will likely result in disqualification.

If response is “Yes”, please attach a description of particulars (date, parties involved, type of work, amount of contract, cause, resolution).

1) Has your firm or any officer or partner of your firm ever been debarred, suspended, disapproved, or not pre-qualified by the State of Wisconsin or any government entity in the past ten (10) years?

[ ] Yes [ ] No

2) Has your firm or any officer or partner of your firm had any type of business, contracting, or trade license, certification, or registration revoked or suspended in the past ten (10) years?

[ ] Yes [ ] No

3) Does your firm or any officer or partner of your firm have an open or ongoing investigation or been cited in a violation of federal, state, or local government safety or environmental laws? This includes, but is not limited to, any OSHA, EPA, or WDNR violations.

[ ] Yes [ ] No

If Yes, include in description the OSHA reportable incidents and citations.

4) Has your firm or any officer or partner of your firm ever declared bankruptcy while performing work on a contract or work awarded to it in the past ten (10) years?

[ ] Yes [ ] No

5) Has your firm ever defaulted on or failed to complete any contract or work awarded to it in the past ten (10) years?

[ ] Yes [ ] No

6) Has your firm or any officer or partner of your firm asked to be relieved from a bid submitted by it to a public awarding authority in the past ten (10) years?

[ ] Yes [ ] No

7) Has your firm or any officer or partner of your firm ever been charged with or convicted of a violation of any Davis Bacon federal wage rates?

[ ] Yes [ ] No

8) Has your firm; any of its owners; a subsidiary or corporate parent; or any officer, director, or partner thereof, been convicted of violating Section 133.03 Wisconsin Statutes (Unlawful Contracts: Conspiracies) in the last ten (10) years?

[ ] Yes [ ] No

2) Attach a dated, recent financial statement, no later than the previous calendar year, showing breakdown of your firm’s assets, liabilities, and net worth.

COMMITMENT TO SAFETY

A safe work environment is always the top priority of the District, and this priority extends to all contractors and subcontractors on work of any capacity. Please attach a description of your company’s commitment to safety (including but not limited to safety programs, safety personnel, and leadership commitment)

BONDING RESPONSIBILITY

Current Bonding Company

Bonding Company Name:________________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: ____________________________ E-Mail:

Firm's current performance and payment bond limit for a single job:

Firm's current performance and payment bond limit for aggregate jobs:

CONTRACTOR’S FINANCIAL STATEMENT

1) Attach a bank letter, no later than the previous calendar year, indicating credit available.

AFFIDAVIT

I certify that all above statements and attachments hereto are true and correct and are made on behalf of

Firm Name

Officer/Owner Name

Signature

Title

Sworn and Subscribed to before me this _____ day of _________________________, 20___.

____________________________________ Notary Public.

My commission expires .

10/01/25

P-1

PROPOSAL FOR

2025 ELECTRICAL EQUIPMENT MAINTENANCE TESTING PROJECT

NOTE: Use Black Ink Or Typewriter For Completing This Bid Form

PROJECT: 2025 Electrical Equipment Maintenance Testing Project

THIS BID IS SUBMITTED TO: Madison Metropolitan Sewerage District

1610 Moorland Road Madison, Wisconsin 53713

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and the

Request for Proposals. This Bid will remain subject to acceptance for the period of time specified in the Advertisement for Bids after the day of Bid opening. Bidder will sign and submit the Agreement with other documents required by the Bidding Requirements within 10 days after the date of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

(a) Bidder has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged:

Addenda Number Date

(b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

(c) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder.

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4. Bidder will complete the Work for the following prices:

Item and Description

1. To perform the 2025 electrical equipment maintenance testing, and all other associated work for:

TOTAL $ _____________________________________________

(Contractor’s Seal) Signature: ____________________________________________

Printed Name of Signer: _________________________________

Title: ________________________________________________

5. Bidder agrees that the Work will be substantially completed as specified in Request for

Proposal.

6. Bidder acknowledges this project is exempt from State of Wisconsin sales and use taxes.

7. Bidder agrees that the Work will be performed per attached Bid Worksheet

8. Communications concerning this Bid shall be addressed to:

Name: ____________________________________________

Company Name: ___________________________________________

Address: ___________________________________________

Telephone No.: ___________________________________________

SUBMITTED ON ___________________________________, 20______

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Bid Worksheet

Substations and Pumping Stations Maintenance

Owner has checked bid items under the Bid Required column that require testing and evaluation. No bids are required for items that are not checked under the Bid Required column.

Contractor shall submit a bid price for each item that is checked under the Bid required column.

For details on items that require maintenance and testing see the Request for Bid Project Requirements Section.

Bid Item

Item Description

Bid Required

Bid Price

1 "Miscellaneous Contractor Costs" not covered in the unit price bid units – (attach detailed breakdown)

X

2 Switchgear Panel H1-1 maintenance $ 3 Switchgear Panel H1-2 maintenance $ 4 Main Switchgear S1 maintenance $ 5 Unit Sub U1 maintenance X $ 6 Unit Sub U2 maintenance X $ 7 Unit Sub U3 maintenance X $ 8 Unit Sub U6 maintenance X $ 9 Unit Sub U14 maintenance X $

10 Unit Sub U15 maintenance X $ 11 Med. Volt. Panel M51 maintenance X $ 12 Med. Volt. Panel M71 maintenance X $ 13 Switchgear Panel 582 maintenance X $ 14 Pumping Station No. 1 maintenance X $ 15 Pumping Station No. 2 maintenance X $ 16 Pumping Station No. 3 maintenance X $ 17 Pumping Station No. 4 maintenance $ 18 Pumping Station No. 5 maintenance X $ 19 Pumping Station No. 6 maintenance X $ 20 Pumping Station No. 7 maintenance X $ 21 Pumping Station No. 8 maintenance X $ 22 Pumping Station No. 9 maintenance X $ 23 Pumping Station No. 10 maintenance X $ 24 Pumping Station No. 11 maintenance X $ 25 Pumping Station No. 12 maintenance X $ 26 Pumping Station No. 13 maintenance X $ 27 Pumping Station No. 14 maintenance X $ 28 Pumping Station No. 15 maintenance X $ 29 Pumping Station No. 16 maintenance X $ 30 Pumping Station No. 17 maintenance $ 31 Pumping Station No. 18 maintenance X $

Total Maintenance Bid: $

C-1

CONTRACT FOR

MADISON METROPOLITAN SEWERAGE DISTRICT

2025 ELECTRICAL EQUIPMENT MAINTENANCE TESTING PROJECT

THIS CONTRACT, made this __________ day of _____________________________, 20______ between _____________________________________________________________________ hereinafter called the CONTRACTOR, and the Madison Metropolitan Sewerage District , hereinafter called the OWNER or the District.

WITNESSETH: That the Contractor and the Owner for the consideration stated herein agree as follows:

ARTICLE I, SCOPE OF WORK:

The contractor shall provide and furnish all labor, materials, equipment, tools, power, utilities, transportation, and all other items and services necessary to perform and complete in a workman like manner the 2025 Electrical Equipment Maintenance Testing Project, for the Madison Metropolitan Sewerage District, all in accordance with the Contract Documents herein mentioned, including any and all Addenda prepared by the Madison Metropolitan Sewerage District, which Contract Documents are made a part of this Contract; and the contractor shall do all other things required of the Contractor by said Contract Documents.

ARTICLE II, CONTRACT PRICE:

The Owner shall pay to the contractor for the performance of this Contract in U.S. dollars, the amount of ____________________________________________________________Dollars and _________________________________Cents, (______________________________), the said amount being computed from the Contractor’s prices stated in the Proposal. Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the Contract Documents.

ARTICLE III, CONTRACT DOCUMENTS:

This Contract consists of the following Contract Documents, all of which are as fully a part of this Contract as if herein set out verbatim, or if not attached, as if hereto attached.

1. Addenda No.___ to ___ inclusive

2. Advertisement

3. Request for Proposal

4. Contractor’s Proposal

5. General Conditions

6. Supplementary Conditions

7. This Instrument

C-2

In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three

(3) original counterparts this day and year first above written.

(Contractor’s Seal) ____________________________________ (Contractor)

Attest _______________________________ By _________________________________

Title ________________________________ Title _______________________________

(Owner’s Seal) Madison Metropolitan Sewerage District (Owner)

Attest ______________________________ By _________________________________

Title _______________________________ Title _______________________________

GENERAL CONDITIONS

GC-3

INDEX TO GENERAL CONDITIONS

SECTION PAGE

PART 1: DEFINITIONS AND TERMINOLOGY ........................................................................ GC-5 Article

101. Defined Terms. ............................................................................................................ GC-5

102. Terminology ............................................................................................................... .GC-9

PART 2: INSURANCE, BONDS, AND LEGAL MATTERS..................................................... GC-11

201. Contractor's Insurance. ............................................................................................... GC-11

202. Owner's Insurance ..................................................................................................... .GC-12

203. Performance and Payment Bonds .............................................................................. GC-12

204. Compliance with Laws............................................................................................... GC-13

205. Royalties and Patents ................................................................................................. GC-13

206. Indemnification .......................................................................................................... GC-13

207. No Discrimination ..................................................................................................... GC-15

208. Indemnity Against Liability Under The Fair Labor Standards Acts, Social Security Acts, And Unemployment Compensation Acts. .............................. GC-15

PART 3: SCOPE OF THE WORK ............................................................................................... GC-16

301. Intent of the Contract Documents .............................................................................. GC-16

302. Safety, Health, and Sanitation .................................................................................... GC-16

303. Protection of the Work ............................................................................................... GC-17

304. Permits, Licenses, and Notifications .......................................................................... GC-18

305. Use of the Site ............................................................................................................ GC-18

306. Subsurface and Physical Conditions ......................................................................... GC-19

307. Differing Subsurface or Physical Conditions ............................................................ GC-20

308. Underground Facilities .............................................................................................. GC-22

309. Hazardous Environmental Conditions at Site ........................................................... GC-23

310. Other Contracts .......................................................................................................... GC-25

311. Cutting and Patching .................................................................................................. GC-25

312. Changes in the Work ................................................................................................. GC-25

313. Allowances ................................................................................................................ GC-30

314. Unit Price Work ........................................................................................................ GC-30

315. Contractor's Guarantee ............................................................................................... GC-31

316. Partial Owner Occupancy .......................................................................................... GC-31

PART 4: CONTROL OF THE WORK ........................................................................................ GC-31

401. Notice to Proceed ....................................................................................................... GC-31

402. Pre-Construction Submittals ...................................................................................... GC-31

403. Superintendence ......................................................................................................... GC-32

404. Contractor’s Means And Methods Of Construction ................................................. GC-32

405. Delegation Of Professional Design Services ............................................................ GC-32

406. Engineer's Status ........................................................................................................ GC-33

407. Plans, Drawings, and Specifications .......................................................................... GC-34

408. Reference Points ....................................................................................................... GC-34

409. Submittals .................................................................................................................. GC-34

410. Ownership of Records ............................................................................................... GC-35

411. Services, Materials, and Equipment ........................................................................... GC-35

412. "Or Equal" Clause ...................................................................................................... GC-36

413. Substitution ............................................................................................................... GC-37

414. Owner's Right to Do Work ......................................................................................... GC-38

GC-4

415. Apprenticeship Standards ......................................................................................... GC-39

PART 5: PROSECUTION, PROGRESS, AND PAYMENT ....................................................... GC-40

501. Partial Payments ......................................................................................................... GC-40

502. Substantial Completion ............................................................................................. GC-40

503. Final Inspection, Final Acceptance of the Work, and Final Payment ........................ GC-41

504. Owner's Right to Withhold Certain Amounts ............................................................ GC-42

505. Deduction for Uncorrected Work .............................................................................. GC-42

506. Time of Completion and Liquidated Damages .......................................................... GC-42

507. Delays and Extensions of Time .................................................................................. GC-43

508. Subcontracting ........................................................................................................... GC-43

509. Assignment of Contract ............................................................................................. GC-44

510. Lien Waiver and Indemnity Against Liens ............................................................... GC-44

511. Violation of Contract Provisions ................................................................................ GC-45

512. Termination for Breach .............................................................................................. GC-45

513. Termination For Other Causes .................................................................................. GC-45

514. Loss or Damage ........................................................................................................ GC-46

GC-5

GENERAL CONDITIONS

PART 1: DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all

Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid

Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Commission—The Commission of the Madison Metropolitan Sewerage District.

12. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls

(PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

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13. Consulting Engineer—Consulting Engineer is identified in Article 3 of the Agreement. The Consulting Engineer duties shall be in accordance with Article 3 of the Agreement. The Consulting Engineer is not the Engineer as defined in these documents.

14. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

15. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

16. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

17. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

18. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

19. Contractor’s Guarantee—The terms of the guarantee set forth in Section 315.

20. District—Madison Metropolitan Sewerage District

21. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the

Work to be performed by Contractor.

22. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

23. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

24. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

25. Engineer— The District Principal Engineer of the Madison Metropolitan Sewerage District, including authorized representatives of the District Principal Engineer as further defined in Article 3 of the Agreement. Whenever the word Architect or Architect/Engineer is used in the Specifications, it shall have the same meaning as the word Engineer.

26. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

27. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications

28. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

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29. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

30. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

31. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

32. Notice—Wherever the Contract Documents refer to the giving of any notice to the Owner, Contractor, or Surety, such notice shall be deemed to have been given when written notice has been delivered to, delivered by Electronic Means, or placed in the United States mails addressed to, the authorized representative of the respective Owner, Contractor, or Surety at the permanent place of business or, in the case of notice to the Contractor, at the site of the project.

33. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

34. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the

Contract Times will commence to run and on which Contractor shall start to perform the Work.

35. Order—Wherever under the provisions of the Contract an order to the Contractor from the

Engineer or Owner is required, such order shall be understood to mean a written order addressed to the Contractor and signed by the Engineer or a duly authorized representative of the Owner.

36. Owner— Madison Metropolitan Sewerage District, 1610 Moorland Road, Madison, WI 53713

37. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

38. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

39. Proposal— Contractor’s Proposal, submitted to Owner in response to a Request for Proposal, and included as part of the Contract Documents.

40. Records— Any and all documents and records created by the Contractor for the benefit of the Owner, relating to the Work. Records include but are not limited to plans, drawings, specifications, shop drawings, tests, inspections and related reports.

41. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

42. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

43. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

44. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

45. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

46. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

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47. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

48. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

49. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information;

information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections;

warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents.

Submittals, whether or not approved or accepted by Engineer, are not Contract Documents.

Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

50. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work.

51. Successful Bidder—The Bidder to which the Owner makes an award of contract.

52. Supplementary Conditions—The part of the Contract that amends or supplements these General

Conditions.

53. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

54. Surety—Any person, firm, or corporation that has executed, as Surety, the Contractor's Performance or Payment Bonds securing the within Contract.

55. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental…