2026 Pavement Sealcoating Bidding Documents.pdf

Request for Bids

2026 Pavement Sealcoating

Madison, Wisconsin

June 2026

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……………………………………………...…………………………….. 1-14

RECORD DRAWINGS

Advertisement for Bids: Non-Construction 2026 Pavement Sealcoating Advertised starting Monday, June 1, 2026 for a minimum of two consecutive weeks using VendorNet.

Specifications are available by visiting the district website at: https://www.madsewer.org/contracting-center/

The Madison Metropolitan Sewerage District requests bids for 2026 Pavement Sealcoating.

Specifications are available below. Sealed bids will be accepted until 11:00am., local time, Wednesday, July 1, 2026, at the district office, 1610 Moorland Road, Madison, Wisconsin 53713. Any questions should be directed to Brady Lessner at (608) 222-1201 X281 or rfp@madsewer.org.

Bids shall be addressed to the Madison Metropolitan Sewerage District, Attn., Brady Lessner, 1610 Moorland Rd., Madison, WI. 53713, and should be clearly marked “2026 Pavement Sealcoating ”.

Only formal written addenda can materially alter the specifications. No verbal statement made by a district employee or anyone else is binding nor shall such a statement be considered an official part of this public proposal. All bid responses and their contents will be public record.

Unless otherwise specified in the bidding documents, the prospective bidders should check our internet site for any addendum 72 hours before the scheduled bid deadline.

The district is federal and state tax exempt. The district reserves the right to reject any or all proposals or to waive any technicality and accept any proposal which may, in its opinion, be advantageous to the district.

Any questions may be directed to:

Brady Lessner Maintenance Project Specialist Madison Metropolitan Sewerage District 1610 Moorland Rd Madison, WI 53713

(608) 222-1201 X281 rfp@madsewer.org

Published by authority of the commissioners of the Madison Metropolitan Sewerage District. By Bradley J. Murphy, Secretary https://www.madsewer.org/contracting-center/%5bOPPORTUNITY_NAME%5d https://www.madsewer.org/contracting-center/%5bOPPORTUNITY_NAME%5d mailto:rfp@madsewer.org mailto:rfp@madsewer.org

PQ-1

MMSD PRE-QUALIFICATION APPLICATION

BIDDER’S STATEMENT OF REQUEST FOR PRE-QUALIFICATION

(CONFIDENTIAL INFORMATION)

Submitted to: Madison Metropolitan Sewerage District PHONE (608) 222-1201 1610 Moorland Road FAX (608) 222-2703

Madison, WI 53713 Instructions:

To be submitted by prime contract bidders only.

Must be received by District prior to deadline stated in bidding documents.

Additional information, if necessary, may be requested by the District.

1. Bidder’s Name:________________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: ____________________________ Fax: ____________________________

E-Mail: _____________________________________________________________________

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

(insert project/contract name(s) below):

a.__________________________________________________________________________ b.__________________________________________________________________________ c.__________________________________________________________________________

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

2026 Pavement Sealcoating Project

PQ-2

MMSD PRE-QUALIFICATION DOCUMENTATION

BIDDER’S STATEMENT OF QUALIFICATIONS

If Bidder HAS NOT submitted a Statement of Qualifications within the current calendar year, please complete this form, include supplemental information as required, and return to the District prior to the deadline stated in the bidding documents.

1. Bidder’s Current Name: ________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: _____________________________ Fax: ___________________________

E-Mail: _____________________________________________________________________

2. When organized? ______________________________________________________________

3. When and where incorporated? ___________________________________________________

4. How many years in contracting business under present firm name? _______________________

5. Briefly describe the type of work which your firm undertakes (check appropriate items). Provide attachment, if desired.

_____ Building Construction _____ Reinforced Concrete _____ Earthwork _____ Sewer, Water, Underground _____ Plumbing _____ Mechanical Equipment Installation, _____ Electrical _____ Process Piping _____ Heating/Ventilating _____ Other (describe) _________________________________________________________

Comments on above: ___________________________________________________________

PQ-3

BIDDER’S STATEMENT OF QUALIFICATIONS-Continued

6. Attach a list of your current contracts and your contracts completed in recent years. Include project name, owner, engineer, contract amount, completion date, and type of work. Highlight those contracts that are for work similar in type to that contemplated by the Madison Metropolitan Sewerage District.

7. Have you ever defaulted on a contract, or failed to complete any work awarded to you?

_____ Yes _____ No If yes, attach statement showing where and why.

8. Attach a list of your major equipment.

9. Attach a statement or resumes showing the experience and qualifications of your key personnel.

10. Attach a bank letter indicating credit available.

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

Firm 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

2026 PAVEMENT SEALCOATING

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

PROJECT: 2026 Pavement Sealcoating

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.

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

B-2

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

Item and Description

1. To sealcoat approximately 7,200 square yards of asphaltic pavement as shown in the

Project Site Map per the Request for Bids, along with crack sealing, and all other associated work for:

15,850 square yards at $_______/ square yard Extended amount $_______________

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 Bid.

6. 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

2026 PAVEMENT SEALCOATING

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 2026 Pavement Sealcoating, 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. Request for Bid

2. Contractor’s Bid

3. 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)

By _________________________________

Title _______________________________

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.

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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

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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 within the limits provided for herein and charge all costs and expenses in obtaining such insurance against the principal amount due under this Contract. The Contractor agrees to reimburse the Owner for the same within five (5) days after being furnished with a statement thereof.

All insurances required herein, pursuant to the specific requirements of the Supplementary Conditions, are the minimum types and amounts required for compliance with this Contract and shall not be construed as the full amount and types of insurance necessary to adequately protect the Contractor or its subcontractors nor its full and complete obligations to the Owner as provided for in this Contract or otherwise, and the Contractor shall be solely responsible for any deficiencies thereof. It is the Contractor's sole obligation to determine and implement any other types or additional amounts of insurance necessary to protect the Contractor's obligations and interests. The types and amounts of any insurance required herein shall not serve to limit the total liability of the Contractor under the Contractor’s Guarantee, or any warranty or indemnity provision of this Contract or any other obligation the Contractor may have to the Owner or others.

202. OWNER'S INSURANCE

The Owner, at its option, may maintain such insurance as will protect it from liability for injuries to persons or damage to property which may arise from operations under this Contract. Any such insurance maintained by Owner shall be excess and not contributory with the Contractor's insurance.

203. PERFORMANCE AND PAYMENT BONDS

The Contractor shall furnish a Performance Bond and a Payment Bond each in an amount at least equal to 100% of the Contract price, as security for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract, including without limitations because of specific enumeration therein all of the items mentioned in Section 779.14 (1m)(e) Wisconsin Statutes. The Performance Bond and the Payment Bond shall each run for the life of the Contract including any guarantee or warranty periods.

The Owner may, in the Owner’s sole discretion, waive requirement for a Performance Bond and Payment Bond as provided by Supplementary Conditions.

The form of the Performance Bond and the Payment Bond shall be EJCDC® C 610, Performance Bond (2010, 2013, or 2018 edition) and EJCDC® C 615, Payment Bond (2010, 2013, or 2018 edition).

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The surety on the bonds shall be licensed to underwrite contracts in the State of Wisconsin, and a certificate to that effect shall be attached to the bond. If the principal is an individual, full name and residence of the individual shall be inserted in the body thereof; and the individual shall sign the bond with their usual signature on the line opposite the scroll seal. If the principals are partners, their individual names shall appear in the body of the bond with the recital that they are partners comprising a firm and naming it; and all members of the firm shall execute the bond as individuals. The signature of a witness shall appear in the appropriate place, attesting to the signature of each individual party to the bond. If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond; and said instrument shall be executed and attested under the corporate seal as indicated on the form.

If the corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. This also applies to execution by surety.

A power of attorney, authorizing the execution of the bond by an attorney-in-fact or agent, shall be attached to one executed counterpart of the bond. If the bond is executed by an out-of-state agent, it shall be countersigned by a licensed resident agent of Wisconsin; and evidence of his being so licensed shall be furnished.

Every bond must run to the Madison Metropolitan Sewerage District. The date of the bond must not be prior to the date of the Contract for which it is given.

204. COMPLIANCE WITH LAWS

The Contractor shall, at all times, comply with all laws, ordinances, rules, and regulations applicable to the Work and/or remedies thereto performed by the Contractor, including the production, transport, delivery, installation, correction, repairs, and/or re-performance of the Work or any portion thereof. The Contractor shall indemnify, defend, and save harmless the Owner and all of its officers and employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, or regulation, whether by the Contractor or the Contractor's employees, Subcontractors, or agents. The Contractor shall comply with the Wisconsin Unemployment Compensation Act and Title Eight of the Social Security Act.

205. ROYALTIES AND PATENTS

The Contractor shall pay for all royalties and patents relating to the Work, shall defend all suits or claims for infringement on any patent right, and shall save the Owner harmless from loss on account thereof.

206. INDEMNIFICATION

a) General Indemnity. The Contractor shall indemnify, defend and save harmless the Owner and all of its officers, employees, consultants and agents (“Indemnified Parties”) against any claim, liability, loss, damage, expense, cost and attorneys’ fees arising from or based on, in whole or in part, any negligent act or omission by the Contractor or the Contractor’s employees, subcontractors or agents, whether negligent or not. In the event one or more of the Indemnified Parties is made a party to any suit or litigation (whether or not the Indemnified Parties are the only parties alleged to be negligent) because of injury or damage or alleged injury or damage to person, life, or property or injury or alleged injury resulting in the death of any person or persons arising out of or in connection with the performance of the Work or progress of the Work to be done under

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the Contract Documents, the Contractor shall defend such action on behalf of the…