Dane_County_Regional_Airport_Perimeter_Fiber_Project_(Addendum_#3_Revision).pdf

REQUEST FOR BID

2024-RFB-029-PR

DANE COUNTY REGIONAL AIRPORT PERIMETER FIBER PROJECT

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: February 13, 2024

DEADLINE FOR QUESTIONS: March 15, 2024

RESPONSE DEADLINE: March 28, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR BID

Dane County Regional Airport Perimeter Fiber Project

I. Bid Guidelines and Overview II. Introduction

III. Contract Term IV. Bid Specifications V. Pricing Table

VI. Vendor Questionnaire VII. Standard Terms and Conditions

Attachments:

A - Airpot Fiber Replacement Plans

Request For Bid #2024-RFB-029-PR Title: Dane County Regional Airport Perimeter Fiber Project

1. Bid Guidelines and Overview

1.1. GENERAL SOLICITATION PROCESS

1. REASONABLE ACCOMMODATIONS

A. The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a vendor conference or site visit, contact the Purchasing Officer listed or call WI Relay 711 for TDD Services.

2. VENDOR REGISTRATION

A. Interested vendors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category codes as well as providing the County with up-to-date company contact information.

B. Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement

Portal.

3. CALENDAR OF EVENTS

A. Specific and estimated dates and times of actions related to this solicitation are listed in the timeline in the Introduction Section. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane

County eProcurement Portal.

4. CLARIFICATION OF THE SPECIFICATIONS / QUESTIONS

A. All inquiries concerning this solicitation must be submitted via the County's eProcurement

Portal.

B. Questions must be submitted before 2:00 pm on Friday, March 15, 2024.

1. Requests submitted after that time frame will not be considered.

C. Proposers are expected to raise any questions, exceptions, or additions they have concerning the solicitation at this point in the process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the proposer should immediately notify the contact person of such error and request modification or clarification to the solicitation document.

D. Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane listed as County contacts on this solicitation is authorized to provide any information or respond to any question or inquiry concerning this solicitation.

5. ADDENDA & REVISIONS

A. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the

County's eProcurement Portal. Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

B. The Purchasing Division has the sole authority for modifications to specifications and/or the solicitation document.

6. INSPECTION OF PREMISES/VENDOR SITE VISIT - when applicable

A. When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Megan Rogan. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the

County, all necessary services that may be required to carry out the intent of the resulting contract.

1.2. BID / PROPOSAL SUBMISSION

Dane County strongly encourages all vendors to submit proposals well in advance of the solicitation deadline. By doing so, if there are any technical difficulties, there is time to attempt to resolve the situation before the deadline. Late bids will not be accepted.

If there are technical difficulties while trying to submit, first, contact OpenGov Support by clicking into the small blue circle on the bottom, right side of your screen while logged into the OpenGov system.

1. SUBMITTAL INSTRUCTIONS

A. Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the County. The County also retains the right to accept or reject any or all bids.

B. Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Thursday, March 28, 2024. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this solicitation.

C. To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane

2. Click on the green "+Subscribe" button on the left side of the screen and proceed to create an account or sign in if an account already exists.

3. Once registered, click on the "draft" button to draft your proposal.

4. Provide company information

5. Complete the entire Vendor Questionnaire

6. Where indicated, upload the required documents.

7. The file upload status can be seen for each document uploaded.

8. Confirm all files have been uploaded

9. Review your work and click on "submit" proposal

10. Acknowledge any addenda

2. MULTIPLE PROPOSALS & ACCEPTANCE

A. Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the

County’s eProcurement Portal. Each such proposal must be submitted separately and labeled as

Proposal #1, Proposal #2, etc.

B. Please message procurementsupport@opengov.com with any questions regarding set up.

3. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

A. The Cost Proposal section of this solicitation will either be incorporated into the system as a

Pricing Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section.

B. Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

4. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

A. The County reserves the right to accept any part of a submission deemed to be in the best interest of the County and to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

1.3. VENDOR QUESTIONNAIRE DEFINITIONS

1. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFBs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

mailto:procurementsupport@opengov.com

A. Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally

Operated Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and Owned Vendor declines to match the low bid, then the County will determine if a Locally

Operated Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated

Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated

Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-

Locally Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally

Operated Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

2. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFPs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

A. Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of

Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

1. County ordinance provides that a local vendor (within Dane County) automatically receive five points toward the evaluation score.

2. County ordinance provides that vendors located within the counties adjacent to Dane County

(Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

3. LOCAL CONTENT VENDOR PREFERENCE - generally only applicable to RFBs - DOES NOT APPLY TO

PUBLIC WORKS BIDS

A. Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations. Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local

Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

B. A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-

Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

4. FAIR LABOR PRACTICES CERTIFICATION

A. Dane County Ord. 25.09 (1) is as follows:

1. (28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations

Board (NLRB) or the Wisconsin Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years.

The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

B. If a company indicates that they have been found by the NLRB or WERC to have such a violation in the Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

C. Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

5. COOPERATIVE PURCHASING

A. Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, https://www.nlrb.gov/ http://werc.wi.gov/ board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s.

16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis.

Stats.

B. In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

C. Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION - generally only applicable to RFPs

A. All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of

Confidential and Proprietary Information” section.

B. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

C. Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

D. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect. 134(80)(1)(c) Wis. State Statutes, as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

E. To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

F. In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

G. Failure to designate confidential and proprietary information within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment.

1.4. EVALUATION

1. PRELIMINARY EVALUATION

A. The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements may result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in the solicitation.

2. PROPOSAL SCORING - applicable to RFPs

A. Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require a Phase 2 Evaluation which may include oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.RFP Cost Proposal's will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

3. ORAL PRESENTATIONS/INTERVIEW - applicable to RFPs

A. Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

1.5. AWARD

1. RFB AWARD

A. The County will award the bid to the most responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

B. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

2. RFP AWARD

A. An RFP award will typically be granted in one of two ways.

1. The award may be granted to the highest scoring responsive and responsible proposer.

2. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

B. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. PAYMENT TERMS AND INVOICING

A. Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email

Address shown on the Bill To section of the PO issued. The Dane County purchase order number must be noted on the submitted invoice.

B. Other incidental or standard industry charges not identified herein, are not allowed under this contract. Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

4. NOTIFICATION OF INTENT TO AWARD

A. Upon finalizing the award, a notification email may be sent via the OpenGov system showing the awarded vendor(s).

B. As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award. - applicable to RFPs

C. Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

5. CERTIFICATE OF INSURANCE

A. The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order. See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

B. Please contact your insurance representative to issue an Additional Insured Endorsement naming County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

C. Indicate mailing address as:

o County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

D. Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

E. Call 608-266-4965 with any questions.

6. PERMITS & LICENSES

A. The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

B. Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

7. SATISFACTORY WORK

A. Any work found to be in any way defective or unsatisfactory shall be corrected by the

Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8. GOVERNMENT STANDARDS

A. All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Bidders shall comply with all local, state and federal regulations, directives and laws.

9. DANE COUNTY SUSTAINABILITY PRINCIPLES

A. On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

o Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

o Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

o Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and o Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

1.6. CONTRACTING

1. CONTRACT/PROJECT ADMINISTRATION

A. The County department(s) utilizing the service will be responsible for drafting, coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions.

Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

2. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A. A resulting contract and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. CONTRACT ADDITIONS

A. The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

B. The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

C. When applicable, Contractor may be required to sign a Dane County Contract.

4. CONTRACT TERMINATION

A. If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

2. Introduction

2.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid response for Construction of a fiber optic connection at the Dane County

Regional Airport..

The County intends to use the results of this process to award a contract(s) or issuance of purchase order for the product(s) and or services(s) stated above.

2.2. Contact Information

Megan Rogan

Purchasing Officer

Email: rogan.megan@countyofdane.com

Phone: (608) 283-1487

Department:

Airport

2.3. Timeline

Desired Bid Release Date February 13, 2024

Site Visit (Non-Mandatory) March 5, 2024, 10:00am

Dane County Regional Airport

Conference Room #1 (Near Baggage Claim Area)

4000 International Lane.

Madison, WI 53704

Vendor Question Submission Deadline March 15, 2024, 2:00pm

Proposal Submission Deadline March 28, 2024, 2:00pm mailto:rogan.megan@countyofdane.com tel:(608)283-1487

3. Contract Term

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date.

Anticipated Contract Term: TBD

4. Bid Specifications

Dane County as represented by the Purchasing Division will accept bids for the purchase of specified item(s) as described within this document.

The specifications below describe an acceptable product. Minor variations in specification may be accepted if, in the opinion of County staff, they do not adversely affect the quality, maintenance or performance of the item(s). Dane County reserves the right to accept or reject any and all bids, to waive informalities and to choose the bid that best meets the specifications and needs of the County.

Specification Compliance:

1. Bidder shall review every numbered specification listed within this section.

2. Any deviation from the minimum specifications stated herein must be identified in detail in the Bid

Spec Deviations section of the Vendor Questionnaire and must include a description of how the proposed item(s) differ from the bid specification requirements, along with detailed justification for such deviation.

3. Bidder shall include photos and schematics as necessary, for complete clarification. If additional documents are needed to explain and illustrate deviations, upload that file to the Supplemental

Documents section of the Vendor Questionnaire.

4.1. Scope of Work

The work under this contract shall consist of constructing a fiber optic connection at the Dane County

Regional Airport, including, but not limited to, fiber optic cable, fiber optic terminations, fiber optic splicing, fiber optic patch panels, fiber optic system testing, and all incidental items necessary to provide a functioning communication system as shown on the plans and included in the proposal and contract.

All work shall be performed in accordance with the contract, plans, and the City of Madison Standard

Specifications for Public Works Construction.

4.2. Prosecution and Progress

A. Prosecution of the Work

The Contractor shall begin the work within seven days after the date of written notice to proceed.

Definite notice of intention to start work shall be given to the Engineer at least seventy-two hours in advance of beginning any work.

The Contractor shall employ an ample labor and supervisory force and provide construction equipment properly adapted to the work and of sufficient capacity and efficiency to accomplish the work in a safe and workmanlike manner at the rate of progress specified. All equipment shall be maintained in good working order and provision shall be made for immediate emergency repairs.

In the event work is prosecuted during adverse weather conditions, the Contractor will be required to exercise such precautions necessary to produce satisfactory work, and shall protect the finished work from the elements. It is agreed and understood that the cost thereof has been included in the unit prices bid for the various items of work in the contract and that no extra compensation will be provided.

B Progress Schedule

At least fourteen calendar days before the preconstruction meeting, submit to the Engineer for review an initial progress schedule. The schedule shall meet the following requirements:

A. Include activities that describe essential features of the work and activities that might potentially delay contract completion. Identify activities that are controlling items of work.

B. Identify the contemplated start and completion dates for each activity. Provide a duration, ranging from one to fifteen working days, for each activity. Break longer activities into two or more activities distinguished by the addition of a location or some other description. Specify the sequencing of all activities.

C. List the working days per week, number of shifts per day, and number of hours per shift. Provide the quantity and estimated daily production rate for controlling items of work.

D. Show completing the work within the specified completion date.

The Engineer and Contractor will review the initial schedule at the preconstruction meeting.

Within five business days after the preconstruction meeting, the Engineer will accept the

Contractor's initial schedule or request additional information. Make the appropriate adjustments and resubmit the revised initial schedule within five business days after the

Engineer's request. If the Engineer requests justification for an activity duration, provide information that may include estimated labor, equipment, unit quantities, and production rates used to determine the activity duration.

The Contractor and the Engineer will meet monthly to assess progress and add updated information to the initial schedule. At a minimum, updates will include the actual start and finish of each activity, percentage complete, and remaining durations of activities started but not yet completed.

The Engineer will monitor the progress of the work and may request that the Contractor revise the schedule if project completion or interim completion targets are delayed. Submit the revised schedule within five business days after the Engineer’s request.

C Methods and Equipment

The Contractor shall provide and furnish the machinery, equipment and tools necessary to perform the work. These shall be in such condition and of such capacity as will produce work of satisfactory quality and complete the work within the contract time.

Equipment shall be such that no injury to the roadway, pavement, structures, adjacent property, or other highways will result from its use, and it shall conform to the requirements set forth in detail under specific items or classes of work.

Failure on the part of the Contractor to provide adequate equipment, maintained in proper working order, may be sufficient cause for suspension of specific operations until compliance is attained or may constitute cause for default of contract.

When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the contract work in conformity with the requirements of the contract.

When the contract specifies that the construction be performed by the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the

Engineer. If the Contractor desires to use a method or type of equipment other than those specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed to be used and an explanation of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing construction work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining construction with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the construction items involved nor in contract time as result of authorizing a change in methods or equipment under these provisions.

D Contract Time

Work shall be prosecuted effectively and diligently to completion. Failure to begin operations, or failure to diligently prosecute the work, may be considered as a breach of contract and render the Contractor liable to action under default of contract, or the revocation or suspension of the Contractor’s privilege to bid additional work, or both.

It is understood that the rate of progress and the completion of the work within the time as specified is an essential part of the contract.

The contract starting date, for purposes of determining contract time and extensions, is the seventh day following the date of notification to begin work.

Contract time will be extended in an amount as is mutually agreed upon by the Engineer and the Contractor, on the basis of contract change orders involving alterations in the contract affecting the prosecution of work, or involving extra or additional work, when such alterations are necessary for the purposes or convenience of the County when such extra additional work is of such character or is ordered to be done at such a time that the amount of time reasonably necessary to perform such work is disproportionate to the contract time originally set up in the proposal. The agreement for extended time on this account shall be arrived at concurrently with and as a part of the consideration for the specific alteration or extra or additional work covered by that order.

A “work day” shall be defined as any day that a Contractor can work on a project and which would or does necessitate an Engineer on the project for any part of the day. If inclement weather curtails construction, the Engineer shall decide what portion, if any part of a day, shall be called a “Work Day.” Work days may be counted to the nearest one-half day. A record of work days shall be kept on the job by the Engineer.

E Liquidated Damages for Schedule Delays

Should the Contractor fail to complete the work within the time specified in the contract, or within such extra time as may have been allowed by extensions, there shall be deducted from any monies due or that may become due the Contractor, or in the event no monies are due, the

Contractor shall pay to the County, the sum set forth in the following schedule for each and every day that the work shall remain uncompleted. This sum shall be considered and treated not as a penalty but as fixed, agreed and liquidated damages due the County from the

Contractor by reason of inconvenience to the public, added cost of engineering and supervision, maintenance of detours and other items which have caused an expenditure of public funds resulting from the Contractor’s failure to complete the work within the time specified in the contract.

Liquidated damages shall be assessed in the amount of $500.00 per working day after 90 working days, in which the fiber optic connection is not complete. The fiber optic connection shall not be considered complete until the fiber optic cable is installed and spliced and successfully passes all testing requirements in accordance with the contract.

4.3. Changes to Work

The plans and special provisions reflect conditions known during the development of the plans and special provisions. The Contractor is fully responsible for the application of all work shown in the plans to the actual physical field conditions to provide a complete and accepted project. In the event that actual physical field conditions affect or prevent the application or progression of any work shown in the plans or special provisions, the Contractor shall notify the Engineer immediately, prior to any further work being performed.

Any changes to the work shown in the plans shall be approved in writing by the Engineer prior to the work being performed.

The Engineer shall have the right to make alterations to the work herein contemplated, including the lengthening or shortening of the project, either before or after the commencement of the work. Such alterations shall, insofar as practical, be ordered in writing before starting work on such alterations.

Except as otherwise provided below, whenever the quantity of any item of work as given in the proposal shall be increased or decreased as required to satisfactorily complete the work, payment for such item of work shall be made on the basis of the actual quantity completed at the original contract unit price.

Compensation for alterations in plans or quantities of work requiring contract change orders shall be as stipulated in such agreements.

A Increased or Decreased Quantities

It is agreed and understood that the quantities of any items of work shown on the plans or in the proposal are subject to increase or decrease during the progress of the work. The Engineer reserves the right to increase or decrease the quantities of any items of work, including increase or decrease of quantities by alteration of plans, as may be considered necessary or desirable during the progress of the work to satisfactorily complete the construction. Such increases or decreases in quantities shall not be considered as a waiver of any conditions of the contract nor invalidate any of the provisions thereof.

B Increased Items

Unless otherwise designated in the proposal, any increase of the contract shall be limited to fifteen percent of the lump sum contract price submitted by the Contractor. Any item may be increased up to twenty-five percent of the original quantity in the contract, but in no case may such an increase exceed in dollar value fifteen percent of the original lump sum contract price bid. If it is determined by the Engineer that increases in excess of those mentioned above will prevail, then the Engineer along with the County shall: (a) renegotiate the unit price for all estimated work over the percentage limit shown above, or (b) advertise for and receive bids for estimated excess work. Unforeseen items of extra work not included in the proposal as a bid item shall be included when calculating the total amount of increase over the original lump sum contract price bid.

C Decreased or Deleted Items

Unless otherwise designated in the proposal, the quantity of any item may be decreased, and the actual quantity installed and accepted will be paid for at the contract unit price. Such decrease shall not constitute the basis for a claim for damages for anticipated profits for the work dispensed with. When the reduction in amount is a material part of the work contemplated for the project, the Contractor shall be entitled to compensation as determined by the Engineer for overhead and equipment charges incurred in expectation of the quantity of work originally estimated, unless specifically provided herein.

The right is reserved to delete from the work any item or portion thereof found unnecessary to the improvement. Such deletion shall not constitute the basis for a claim for damages for anticipated profits for the work dispensed with. The Contractor will be paid for all work done toward the completion of the item or portion thereof prior to such deletion a fair and equitable amount covering all items of cost incurred prior to the date of deletion of the work by order of the Engineer. Acceptable materials ordered by the Contractor, and not canceled prior to the date of deletion of the work, and which are delivered on the work, will be paid for at the actual cost to the Contractor, and shall become the property of the County.

D Extra Work

In connection with the work covered by the contract, the Engineer may, at any time during its progress, order other work or materials incidental thereto. All such work and materials that do not appear in the proposal or contract as a specific item accompanied by a unit price, and which are not included under the price bid for other items in the contract, shall be designated as Extra

Work. Extra Work may also consist of additions to or changes in design in contract items or portions thereof, when such additions are wholly disassociated from or outside the scope of the work as evidenced by the plans and special provisions, and when the work caused by such additions or changes in design must be performed under conditions or in a manner that is materially and inherently different from the conditions and manner existent for such contract items as contemplated in the original scope of the work. The Contractor hereby agrees to perform Extra Work whenever it is deemed necessary or desirable by the Engineer to complete the project as originally contemplated, or as subsequently altered, and it shall be done in accordance with the requirements herein set forth.

Extra Work shall be done under the supervision of the Engineer, and the Engineer’s decision shall be final and binding. The plan of the work to be followed, the equipment to be used, and the amount and character of labor to be employed shall meet with the approval of the

Engineer.

The Contractor shall not perform any Extra Work until a contract change order has been executed by both parties. Claims for compensation for Extra Work performed which has not been authorized by an executed contract change order may be rejected.

The contract change order for Extra Work may provide for payment in an agreed lump sum or the Extra Work performed, on an agreed unit price basis for the units of such Extra Work performed. Where agreement cannot be reached to pay for Extra Work on either the lump sum basis or the unit price basis, the Engineer may direct that payment for Extra Work be determined on a force account basis.

Prices for Extra Work to be completed by subcontractors shall be the subcontractor’s actual prices submitted for the work contemplated to which the general contractor may add an amount equal to, but not to exceed, five percent thereof.

For Extra Work to be paid for on a force account basis, the actual cost computed in accordance with the terms of the contract change order shall include such costs and allowances and subject to such limitations as hereinafter provided:

A. For all labor and supervisors in direct charge of the specific work, the Contractor shall receive the rate of wage agreed upon in writing before beginning work, for each and every hour that said labor and supervisors are actually engaged in such work.

The Contractor shall receive the actual costs paid to, or in behalf of, laborers by reason of health and welfare benefits, pension fund benefits or other benefits required to be paid.

An amount equal to thirty-five percent of the above items will be added to the cost of such items.

B. For property damage, liability, and worker’s compensation insurance premiums, unemployment insurance contributions and social security taxes on the force account work, the Contractor shall receive the actual cost, to which cost shall be added an amount equal to fifteen percent of the sum thereof. The Contractor shall furnish satisfactory evidence of the rate or rates paid.

C. For materials accepted by the Engineer and used, the Contractor shall receive the actual cost of such materials delivered to the work including transportation charges (exclusive of machinery rentals as hereinafter set forth), to which cost shall be added an amount equal to fifteen percent of the sum thereof.

D. For any machinery or special equipment (other than small tools) including fuel and lubricants, the use of which has been authorized by the Engineer, the Contractor shall receive the rental rates agreed upon in writing before such work is begun, for the actual time that such equipment is in operation on the work, and to which rental sum no percentage shall be added.

E. No additional allowance shall be made for general superintendence, the use of small tools, or other costs of which no specific allowance is herein provided.

F. For administration cost when work is performed by an approved subcontractor, the

Contractor shall receive an amount equal to five percent of the total costs of such work computed as set forth above.

G. The compensation as set forth above shall be received by the Contractor as payment in full for Extra Work done on a force account basis. At the end of each day the Contractor’s representative and the Engineer shall compare records of the cost of work done as ordered on a force account basis.

H. No payment will be made for work performed on a force account basis until the

Contractor shall furnish to the Engineer duplicate itemized statements of the cost of such force account work, detailed as to the following:

A. Name, classification, dates, daily hours, total hours, rate and extension of each laborer and supervisor.

B. Designation, dates, daily hours, total hours, rental rate and extension of each truck and other unit of machinery and equipment.

C. Quantities of materials, prices and extensions.

D. Transportation on materials.

E. Cost of property damage, liability and worker’s compensation insurance premiums, unemployment insurance contributions and social security tax.

F. Such statements shall be accompanied and supported by original receipted invoices for all materials used and transportation charges; provided, that if materials used on the force account work are not specifically purchased for such work, but are taken from the Contractor’s stock, then in lieu of the original invoices, the statements shall contain or be accompanied by an affidavit of the Contractor, certifying that such materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation claimed represents the actual cost to the Contractor.

No verbal order or suggestions given by an employee of the County shall be construed as authorizing or laying the basis for any claim on the part of the Contractor for extra compensation, either for Extra Work or materials, or for damages, because of the Contractor’s compliance therewith. Such verbal orders and suggestions as to the performance of the work may be freely given, but in case they appear to the Contractor to involve Extra Work, for which the Contractor should receive extra compensation, the Contractor shall obtain a written change order from the Engineer for such Extra Work prior to performing the work. In case of a dispute as to what does or does not constitute Extra Work, a decision will be made by the Engineer.

4.4. Utilities

This contract does not come under the provision of Administrative Rule Trans 220.

The Contractor shall contact…