6-Final Draft Exhibit G - Procurement and Corrective Maintenance Management Standards.pdf

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EXHIBIT G

PROCUREMENT & CORRECTIVE MAINTENANCE MANAGEMENT STANDARDS

I. PROCUREMENT STANDARDS

Except when the Executive Director has issued a Declaration of Emergency, the Company shall follow the more stringent of Applicable Law and the following procurement standards for the procurement and purchase of supplies, materials, construction, and service contracts, to perform its obligations under this Service Agreement.

For purchases up to $19,999 the Company has no specific procurement requirements; however, the Company may not break purchases up into smaller pieces to avoid the below requirements.

A. NON-PROFESSIONAL SERVICES, CONSTRUCTION, SUPPLIES AND

MATERIALS

a. For all contracted work done and all purchases of supplies and materials of

$20,000 or more, the Company shall solicit sealed competitive bids and award the contract to the lowest responsible bidder complying with the invitation to bid, as required by Wis. Stats. §§ 200.47 and 66.0901.

i. Procurements shall be publicly noticed in accordance with Wis. Stat. Ch.

985.

ii. Company shall make all reasonable efforts to foster competition in all procurements, including the following:

1. Maintain an up-to-date procurement portal on Company’s website.

2. Use regional/national bid platforms to solicit and receive bids.

3. Implement a vendor registration process to maintain an active directory of contractors, consultants, and vendors by category.

4. E-mail bid notifications to registered vendors.

5. Track bid downloads and responses to identify patterns and opportunities for increased vendor participation.

b. Bid documents prepared by the Company that include final drawings, specifications, plans, reports, or other engineering papers or documents involving the practice of professional engineering shall be dated and sealed by a professional engineer registered in the State of Wisconsin in accordance with Wis.

Stat. Ch. 443. For all other Bid documents, a professional engineer must oversee the plans, specifications, reports and documents, but the document does not need to be sealed by a professional engineer.

i. Plans and specifications:

1. Follow District Project Management Procedures/Guidelines.

2. Follow District’s master specification standards and guidelines

(anticipated to be Construction Specifications Institute Master Format)

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3. Develop all plans consistent with District CAD standards, unless District agrees meeting these standards is not necessary. The District will provide base CAD files if available

4. When suppliers and manufacturers are listed, there must be at least two with an “or equal” designation, unless a sole source has been discussed with and approved by the District.

c. For construction contracts, the following provisions must be included in the bid documents:

i. Performance and payment bonds when the contract value is $74,000 or greater in accordance with Wis. Stat. § 779.14(1m)(d).

ii. Company must require the following minimum insurance requirements from contractors, and must verify coverage through receipt of a Certificate of Insurance. The Milwaukee Metropolitan Sewerage District must be added as an additional insured under the Commercial General Liability, Automobile, Builder’s Risk/Installation Floater and Excess policies. The Company may impose additional insurance requirements at its discretion.

Commercial General Liability Insurance including contractual coverage with limits for bodily injury and property damage combined at least:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products-Completed Operations Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000

No exclusions for earth movement, explosion, collapse, or underground work.

Business Automobile Liability Insurance Comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles with limits of at least $1,000,000 per occurrence for bodily injury and property damage combined.

Workers Compensation Insurance Workers Compensation Insurance as required by Wisconsin statute and Employer’s Liability insurance with limits not less than $100,000 for each accident, $100,000 disease – each employee, $500,000 disease – policy limit, for all employees. Coverage must include “all states” endorsement to cover against claims for injury, disease, or death of employees which for any reason may not fall within the provisions of Wisconsin’s Workers Compensation Law.

If work includes water or navigational exposure, coverage shall be included to cover the Federal Longshoremen’s and Harbor Worker’s Act

Page 3 of 7 Exhibit G - Final Draft RFP 2025 and the Federal Jones Act. If work includes any railroad hazards, Railroad Protective Liability coverage shall be maintained.

Excess/Umbrella Liability Insurance:

Such insurance shall provide additional limits of not less than $5,000,000 per occurrence in excess of the limits stated for Commercial General Liability, Business Automobile Liability and Employers Liability.

Installation Floater or Builders Risk or Transportation Builder's Risk/Installation Floater covering contractor's labor, materials and equipment to be used for completion of the work performed against all risks of direct physical loss, excluding earthquake, for an amount equal to the full amount of the contract improvements. If the work does not include the construction of building structures, this builder's risk insurance may be omitted providing the installation floater insurance fully covers all work.

The insurance shall provide for an adequate limit to cover property acquired for the work and stored in warehouse or storage areas awaiting delivery to the site, and while in transit to the site from the warehouse or storage areas.

iii. A declaration that neither the bidder, nor its proposed subcontractors, participated in designing or drafting the plans or specifications for the contract.

iv. Liquidated damages, as set forth in Wis. Stat. § 200.47(3)(b).

v. A minimum one-year warranty covering defects in workmanship and materials, unless industry standards dictate a longer warranty period.

vi. Provisions for complying with current District policies regarding local workforce utilization, apprentice utilization and emerging business utilization.

d. For its convenience, the Company may wish to enter into “on-call construction contracts” with various vendors to ensure it has a pool of qualified vendors under contract that are able to perform urgent Corrective Maintenance projects on an as-needed basis. Such on-call construction contracts will be publicly bid.

i. The District will provide the Company template bid documents to utilize for this purpose.

ii. On-call construction contracts shall not exceed $299,999 in total value with a total duration not to exceed three years.

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e. Contract Specific Procurement Requirements. In the event federal grant funding will be the source of payment for a specific project (e.g. Clean Water Loan Fund Program, Great Lakes Restoration Initiative funding), additional procurement requirements may be applicable.

B. PROFESSIONAL SERVICES

a. Should the Company solicit professional services of $20,000 or more for a project outside the Annual Base Fee that will be paid for by the District, the Company must utilize a request for proposals process considering numerous qualifications in addition to price when selecting the most qualified firm to perform the work.

The Company will follow the current District policies regarding local office utilization and emerging business utilization.

b. No Design-Build. The Company agrees that any firms it utilizes for engineering and design projects will subsequently be precluded from bidding on the construction of the projects during the next phase.

c. Conflicts of Interest. The Company agrees that any firms it utilizes for investigatory work, such as geotechnical, inspection, televising and environmental testing will subsequently be precluded from bidding on the construction of the projects during the next phase.

II. CORRECTIVE MAINTENANCE MANAGEMENT REQUIREMENTS

A. GENERAL

a. These requirements apply when the Company performs Corrective Maintenance, either performed by the Company, by Company’s contractor, or a combination of both. Company may not begin Level B Corrective Maintenance work, solicit bids, order materials, or implement any cost binding activities until it has an approved CM Authorization Form.

b. A listing of typical tasks the Company shall be responsible for are grouped by project phase and are listed below. This list provides a general overview of the responsibilities. Other responsibilities not specifically identified herein but deemed necessary by District and/or Company shall be performed as well.

c. The Company shall provide the District access to all project records during project development and after construction is completed.

B. DESIGN AND CONSTRUCTION CONTRACT DEVELOPMENT

a. Solicit advice, information, input and feedback from District staff as needed for development of comprehensive scope of each contract being developed.

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b. Prepare design documents as necessary that document relevant information, including the basis of design, alternatives analysis, preliminary engineering, final engineering, equipment review, sketches, reports, and technical memos.

c. Develop suggested facility outage or flow control plans for inclusion in the construction contract, as applicable, for contracts that require temporary capacity reductions.

d. Provide any reports, technical memoranda and any draft plans, specifications, bid and contract documents to the District for review prior to public bidding.

e. Provide a copy of final bid and executed contract documents to the District.

C. SELF-PERFORMED WORK DEVELOPMENT

a. Solicit advice, information, input and feedback from District staff as needed for development of comprehensive scope of self-performed work.

b. During the execution of all Level B Corrective Maintenance work, the Company shall communicate with the District regarding planned work outages, facility outages or flow control plans, as applicable, if temporary capacity reductions are required.

D. CONSTRUCTION AND COMMISSIONING

a. The Company shall provide construction management and oversight for all Corrective

Maintenance work performed by the Company and any work it publicly bids that is performed by a third party.

b. Coordinate facility outages and flow control plans with the District.

c. Create comprehensive construction inspection reports including key elements such as work activity, weather conditions, labor and equipment tracking, materials, and photo documentation.

d. Process all contract related items pertaining to construction, including submittals, invoices and change orders.

e. Coordinate and schedule training of the Company’s operations and maintenance staff as necessary. Copies of all training materials should be retained for future use. When feasible, such trainings should be recorded. Document Company’s staff attendance.

f. Review and approve equipment and facility operations and maintenance manuals. Make approved O&M Manuals available within the CMMS for staff use and information upon contractor receiving beneficial use.

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g. Coordinate and participate in operational readiness and functional acceptance testing activities including:

i. Test and/or coordinate attendance by appropriate operations staff.

ii. Assist with troubleshooting during testing and commissioning.

Coordinate support from other operations/maintenance staff as may be needed based on testing results.

iii. Record and document substantially completed construction for beneficial use.

h. Ensure the CMMS is updated to include requisite Asset information by start date of beneficial use. Validate all Preventive Maintenance activities are input to the system at start of beneficial use.

i. Obtain and record accurate measurements of pertinent and significant construction.

This information regarding construction progress, details and differences from design shall be annotated and transmitted to the District as record drawings.

j. The following deliverables shall be included and submitted as record drawings:

i. Drawings marked up and maintained during construction and revised by markup during execution to show the current as-built conditions.

ii. Shop drawings produced by the contractor, supplier, manufacturer, subcontractor, or fabricator. Shop drawings are typically required for prefabricated components such as mechanical equipment, structural steel, trusses, pre-cast, air handling units, millwork, etc.

iii. Final electronic copy of project drawings containing actual conditions of the project as it was constructed. Incorporate all changes made during construction, including deviations from the original design due to field conditions, approved modifications, and unforeseen issues encountered during the build.

iv. The Company shall transmit final CAD drawings to the District when required.

E. POST-CONSTRUCTION AND WARRANTY PERIOD

a. Provide initial troubleshooting when equipment under construction warranty is not performing as expected. Coordinate warranty request with installation contractor when appropriate.

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b. Provide documentation of all Preventive Maintenance activities that have been performed throughout the warranty period to the District prior to initiating warranty requests and at the end of the warranty period.

c. Troubleshoot and coordinate operational issues with appropriate operations and/or maintenance staff. Work with staff to optimize performance and resolve issues.

d. Provide all updates to operations and maintenance manuals.