2025 Pavement Improvements Bidding Document 050725.pdf

Request for Bids

2025 Pavement Improvements

Madison, Wisconsin

May 2025

TABLE OF CONTENTS

SECTION PAGE

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

PRE-QUALIFICATION FORM……………………………………………………………… PQ-1

BID FORM………………………………………………………….…………………………….. B-1

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

GENERAL CONDITIONS…………………………………………………………………….. GC1

SUPPLEMENTARY CONDITIONS………………………………………………………… SC1

REQUEST FOR BID……………………………………………...…………………………….. 1-5

RECORD DRAWINGS

A-1

ADVERTISEMENT FOR BIDS

MADISON METROPOLITAN SEWERAGE DISTRICT

2025 PAVEMENT IMPROVEMENTS

The Madison Metropolitan Sewerage District (MMSD or the District) will receive sealed bids for the 2025 Pavement Improvements 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 Thursday, June 12, 2025, at which time and place all bids will be publicly opened and read aloud. All bid responses will be public records.

The 2025 Pavement Improvements project involves the removal and replacement of approximately 960 sq./yd. of asphalt pavement. The project is located at the MMSD Pumping Station 1, 104 N. First St., Madison, Wisconsin.

A pre-bid conference is not required. Bidders are encouraged to schedule a time to review the site prior to bidding to observe actual conditions and verify all measurements and dimensions.

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.

All questions regarding the project shall be directed to Brady Lessner, Maintenance Project Specialist, Madison Metropolitan Sewerage District. Phone: (608) 222-1201x281, email: rfp@madsewer.org.

Responses to any questions received will be answered in a formal addendum.

Bids shall be addressed to the Madison Metropolitan Sewerage District; Brady Lessner; 1610 Moorland Road; Madison, Wisconsin 53713; and shall be marked “Sealed Bid, 2025 Pavement Improvements.”

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 4:00pm., Wednesday, May 28, 2025. Bidders will be notified only of disqualification no later than 4:oopm., Tuesday, June 3, 2025. If a bidder has not filed the prequalification application, their bid shall not be opened.

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.

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:bradyl@madsewer.org mailto:prequalifications@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

May 2025

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.

bradyl Cross-Out

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 .

B-1

BID FOR

MADISON METROPOLITAN SEWERAGE DISTRICT

2025 PAVEMENT IMPROVEMENTS

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

PROJECT: 2025 Pavement Improvements

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 a Contract with Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding 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 Bids. 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 Contract 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 Bidding Documents, 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 themself with the nature and extent of the Bidding 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.

B-2

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

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

Item and Description

a. To remove and replace approximately 960 sq./yd. of asphalt pavement, and all other associated work for:

TOTAL $ _____________________________________________

(Contractor’s Seal) Signature: ____________________________________________

Printed Name of Signer: _________________________________

Title: ________________________________________________

b. Should inadequate base course be encountered, remove and replace at the direction of Owner. Reinstall base course according to City of Madison Standard Detail Drawing 4.02 as modified herein and per City of Madison Standard Specification Section 401. Payment of this item shall be per ton based on the following:

Each ton at $________/ton

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

6. The following documents are attached to and made a condition of this Bid:

(a) Required Bid Security

B-3

7. Communications concerning this Bid shall be addressed to:

Name: ____________________________________________

Company Name: ___________________________________________

Address: ___________________________________________

Email: _____________________________________________

Telephone No.: ___________________________________________

SUBMITTED ON ___________________________________, 20______

C-1

CONTRACT FOR

MADISON METROPOLITAN SEWERAGE DISTRICT

2025 PAVEMENT IMPROVEMENTS

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 Pavement Improvements 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 Bid. 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. MMSD General and Supplementary Conditions

4. Request for Bid

5. Contractor’s Bid

6. 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, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor.

(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.

GC-6

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.

GC-7

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.

GC-8

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 Conditions at the Site.

b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.

c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

56. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, GC-9 distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

57. Unit Price Work—Work to be paid for on the basis of unit prices.

58. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction;

furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

59. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 406 or any other provision of the Contract Documents.

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

1.does not conform to the Contract Documents;

2.does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

3.has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

GC-10

2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

GC-11

PART 2: INSURANCE, BONDS, AND LEGAL MATTERS

201. CONTRACTOR'S INSURANCE

The Contractor shall not commence work under this Contract, and shall not allow any subcontractors to commence work, until all the insurance required hereunder has been obtained and such insurance certification has been reviewed by the Owner. Review of the insurance certification by the Owner shall not relieve or decrease the liability of the Contractor hereunder.

The insurance certification shall name as Additional Insureds the Madison Metropolitan Sewerage District, its Consulting Engineer, if any, and others as set forth in the Supplementary Conditions. Contractor shall provide updated certification as required until at least final acceptance. Contractor shall ensure that all insurance coverages remain in full force continuously from the commencement of work until final acceptance and during any correction periods without lapse.

The Contractor shall obtain, pay for, and maintain such Worker's Compensation and Employer's

Liability, Comprehensive General Liability, Business Automobile Liability, Umbrella Liability Insurance, and such other insurances that Owner may determine is necessary, to protect the Contractor performing work covered by this Contract from claims for damages for bodily injury, including accidental death, as well as for claims for property damage which may arise from operations under this Contract whether such operations be by Contractor itself or any Subcontractor, or by anyone directly or indirectly employed by either of them, on the forms, and with limits not less than those set forth in the Supplementary Conditions. The policies of insurance required remain in effect, at least until final acceptance, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

All policies shall be underwritten by insurer(s) with minimum A.M. Best Ratings of A-VII. Each policy of insurance shall provide that it will not be canceled by the insurance company or the Contractor, except upon thirty (30) days' written notice to Owner, such notice to be delivered by registered mail to the representative named in the Notice section of this Contract. The certificates of insurance and endorsements shall be delivered to Owner upon execution of the Contract but in no event later than fifteen (15) days prior to commencement of the Work. In addition, all insurance maintained by the Contractor, including any excess or umbrella policy(ies), shall be primary with respect to the interest of Owner, with any other insurance maintained by Owner being excess and not contributory with the Contractor's insurance. Upon Owner’s request, the Contractor shall provide Owner with the full policies of insurance for the insurance required by this Contract, and copies of any new or renewed policies of insurance issued pursuant to this paragraph shall be provided to Owner within fifteen (15) days of their issuance.

Failure on the part of the Owner to receive a copy of the insurance policy(ies), certificate(s) of insurance, or endorsements from the Contractor does not preclude the Contractor from satisfying this contractual provision.

The Contractor agrees that any dispute that arises between the Contractor and the insuring agent or insurance company regarding coverage relating to the Work shall be a dispute solely between the Contractor and the insuring agent or insurance company and should be resolved by the

GC-12

Contractor and the insuring agent or insurance company. All costs and legal fees arising from such disputes will be borne solely by the Contractor. The Contractor agrees that any dispute and associated costs, including attorneys' fees, regarding insurance coverage pursuant to the terms of this Contract will be the sole responsibility of the Contractor. Any damage to property, personal injury, or other injury or damage for which the Contractor is responsible to indemnify the Owner shall not be affected by the coverage or lack of coverage by any insurance obtained by the Contractor.

In the event the Contractor fails to obtain such insurance prior to the commencement of the Work or in the event of cancellation of such insurance for any reason, either by the Contractor or by the insurance company, the Owner may negotiate and purchase such insurance in the amounts and…