Engine Exhaust Silencer Replacement Bidding Documents.pdf

Request for Bids

Engine Exhaust Silencer Replacement

Madison, Wisconsin

March 2025

TABLE OF CONTENTS

SECTION PAGE

ADVERTISEMENT FOR BIDS……..…………………………………………………………. A-1

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

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

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

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

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

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

SPECIFICATIONS………………………………………………………………………………….. S-1

PHOTOS

RECORD DRAWINGS

A-1

ADVERTISEMENT FOR BIDS

MADISON METROPOLITAN SEWERAGE DISTRICT

ENGINE EXHAUST SILENCER REPLACEMENT

The Madison Metropolitan Sewerage District (MMSD or the District) will receive sealed bids for the Engine Exhaust Silencer Replacement. Bids will be received at the office of the District, 1610 Moorland Road, Madison, Wisconsin 53713 until 11:00 a.m. local time on Tuesday, April 29, 2025, at which time and place all bids will be publicly opened and read aloud.

The Engine Exhaust Silencer Replacement project will include the removal and replacement of two (2) engine silencers for two (2) Waukesha L7042GU V-12 engines and all associated work. The project is located at the Nine Springs Wastewater Treatment Plant, 1610 Moorland Road, Madison, Wisconsin.

A pre-bid meeting will be held at 1:00p.m. local time on Wednesday, April 9, 2025, at the office of the District, 1610 Moorland Road, Madison, Wisconsin 53713, Operations Building, and will include a site visit. Attendance is not mandatory but is highly encouraged. Responses to any questions received during the pre-bid meeting will be answered in a formal addendum.

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

MMSD.

Bids shall be addressed to the Madison Metropolitan Sewerage District; Brady Lessner, Maintenance Project Specialist; 1610 Moorland Road; Madison, Wisconsin 53713; and shall be marked “Sealed Bid, Engine Exhaust Silencer Replacement”. This project is exempt from State of Wisconsin sales and use taxes in accordance with Wisconsin Administrative Rule Tax 11.11 pursuant to Section 77.54(26) of the Wisconsin Statutes. Contract letting is subject to the provisions of Section 66.0901, Wisconsin Statutes.

All bid responses will be public records.

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

Prequalification applications will be distributed with the Contract documents or can be obtained from the District. Bidders who have already submitted prequalification documentation to the District within the current calendar year need not resubmit but must notify the District in writing by the due date (using the form provided) of their desire to prequalify for this specific work. Prequalification applications must be completed and emailed to prequalifications@madsewer.org no later than 4:00 p.m., Monday, April 14, 2025. Bidders will be notified only of disqualification no later than 4:00 p.m., Tuesday, April 22, 2025. If a bidder has not filed the prequalification application, their bid shall not be opened.

All questions regarding the project shall be directed to Brady Lessner, Maintenance Project Specialist, Madison Metropolitan Sewerage District. Phone: (608) 709-1848, FAX (608) 299-2129, email:

rfp@madsewer.org.

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

https://www.madsewer.org/contracting-center/ mailto:prequalifications@madsewer.org mailto:rfp@madsewer.org

A-2

In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff and termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor further agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

By_____________________________________ Bradley Murphy, Secretary

Madison, Wisconsin

March 2025

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE PAGE NO.

1. PREPARATION OF BIDS

2. PREQUALIFICATIONS OF BIDDERS

3. PRE-BID CONFERENCE

4. CONTRACT TIME

5. LIQUIDATED DAMAGES

6. BID GUARANTEE

7. DELIVERY OF BIDS

8. WITHDRAWAL OF BIDS

9. AWARD OF CONTRACT

10. BASIS OF AWARD

11. EXECUTION OF CONTRACT

12. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

13. SALES TAX

14. OTHER PROVISIONS

I-1

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS

A. General

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

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

B. Basis on Which Bids Are Requested

a. Bids are requested on the basis of lump sum and unit prices as clearly set forth in the

Bid form. Where unit prices are requested, quantities are subject to variation, and payment will be made on the basis of actual quantities of completed work as measured by the Engineer. Such measurement will be made in terms of the units indicated in the Bid form.

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

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

C. Bidder’s Responsibility

a. The Bidders are required to carefully review all the Bidding Documents and to inform themselves of the conditions under which the work is to be performed. The Bidder, if awarded the Contract, shall not be allowed any extra compensation by reason of their failure to have fully informed themself prior to the bidding of any matter or thing which such Bidder might have fully informed themself.

b. Before submitting a bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Bidding Documents. The Bidder shall obtain the permission of the property owner and the District prior to entering any private property for inspection, subsurface exploration, or any other purposes.

I-2

D. Interpretation of Contract Documents

a. If the Bidder is in doubt as to the true meaning of any part of the Bidding Documents, the Bidder may submit to the District a written request for an interpretation thereof.

Any interpretation of the Bidding Documents will be made only by an addendum duly issued.

2. PREQUALIFICATION OF BIDDERS

A. The requirements for qualification of Bidders are as stated in the Advertisement. All Bidders must be prequalified for this project.

3. PRE-BID CONFERENCE

A. The time, place and attendance requirements for the pre-bid conference are as stated in the Advertisement.

4. CONTRACT TIME.

A. Notice to Proceed is anticipated to be June 6, 2025. Final completion shall be One Hundred Eighty (180) calendar days from the Notice to Proceed. Contractor shall give written notice to the District at least five (5) working days in advance of anticipated start of work.

5. LIQUIDATED DAMAGES.

A. Owner and Contractor recognize that time is of the essence of this Contract and that Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in a legal or arbitration proceeding if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Contractor shall pay Owner One Hundred Fifty and 00/100 Dollars ($150.00) for each day that expires after the time specified above for Completion until the Work is complete.

6. BID GUARANTEE

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

I-3

7. DELIVERY OF BIDS

A. Bids shall be addressed to the Madison Metropolitan Sewerage District; Brady Lessner, Maintenance Project Specialist; 1610 Moorland Road; Madison, Wisconsin 53713; and shall be marked “Sealed Bid, Engine Exhaust Silencer Replacement”.

8. WITHDRAWAL OF BIDS

A. No bid shall be withdrawn after the opening of bids for a period of thirty (30) calendar days after the scheduled time of receiving bids without the consent of the District.

9. AWARD OF CONTRACT

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

10. BASIS OF AWARD

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

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

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

1. maintains a permanent place of business,

2. has adequate plant and equipment to do the work properly and expeditiously,

3. has a suitable financial status to meet obligations incident to the work,

4. has appropriate technical experience, and

5. has a satisfactory performance record.

D. The award, if made, will be made to the lowest, responsive, responsible Bidder and approved by the Commission of the District.

11. EXECUTION OF CONTRACT

A. Within ten (10) calendar days after receiving the Notice of Award, the successful Bidder shall sign the Contract hereto attached, submit to the District acceptable certificates of insurance required under the Contract Documents. Within fifteen (15) calendar days after receiving the

I-4 signed Contract with acceptable insurance from the successful bidder, the OWNER’s authorized agent will sign the Contract.

12. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.

A. In connection with the performance of Work under this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, national origin or developmental disability as defined in Wisconsin Statutes. This provision shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor further agrees to take affirmative action to ensure equal employment opportunities for persons with disabilities. Contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause, a copy of which is included in the Contract Documents.

13. SALES TAX

A. Bidder shall refer to and comply with the stipulations set forth in Wisconsin Administrative Rule Tax 11.11 in order to obtain a state sales tax exemption. Tangible personal property that becomes a part of a municipal wastewater treatment facility is exempt from sales tax.

14. OTHER PROVISIONS

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

PRE-QUALIFICATION APPLICATION

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

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

THE PROSPECTIVE BIDDER.

INFORMATION / INSTRUCTIONS

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

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

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

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

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

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

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

PREQUALIFICATION STATEMENT

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

BIDDER’S STATEMENT OF REQUEST FOR PRE-QUALIFICATION

IDENTIFICATION

1. Firm’s Name:_________________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: ____________________________

E-Mail: _____________________________________________________________________

□ Individual Owner

Number of years in business under present name: __________

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

If a Corporation: Year incorporated: ______________

State incorporated: ___________________

Contact information regarding questions related to this form:

Name: ______________________________________________

Telephone Number: ____________________________________

Email Address: _______________________________________

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

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

Please specify trade(s) : ______________________________________________

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

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

Firm Name

Signature

Title

Date

BIDDER’S STATEMENT OF QUALIFICATIONS

EXPERIENCE

I - PERSONNEL

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

Name Present Position/Title Years of Experience Description of Duties

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

Average number of employees during the last 12 months:

Office: Skilled: Unskilled:

II - PROJECTS COMPLETED

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

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

Year Finished

Project Name

Type of Work Capacity Contract

Amount ($) Reference

Name Reference City, State

Reference Phone #

Reference Email

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

III - CURRENT CONTRACTS

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

Project Name Owner %

Complete Contract

Amount ($) Completion

Date Type of Work

Reference Name

Reference City, State

Reference Phone #

Reference Email

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

IV - EQUIPMENT

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

No. of Each Description Model/Size Capacity Year

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

CONTRACTUAL RESPONSIBILITY

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

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

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

[ ] Yes [ ] No

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

COMMITMENT TO SAFETY

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

BONDING RESPONSIBILITY

Current Bonding Company

Bonding Company Name:________________________________________________________________

Mailing Address: ______________________________________________________________

Telephone: ____________________________ E-Mail:

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

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

CONTRACTOR’S FINANCIAL STATEMENT

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

AFFIDAVIT

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

Firm Name

Officer/Owner Name

Signature

Title

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

____________________________________ Notary Public.

My commission expires .

B-1

BID FOR

MADISON METROPOLITAN SEWERAGE DISTRICT

ENGINE EXHAUST SILENCER REPLACEMENT

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

PROJECT: Engine Exhaust Silencer Replacement

THIS BID IS SUBMITTED TO: Madison Metropolitan Sewerage District

1610 Moorland Road Madison, Wisconsin 53713

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Bidding 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 Instructions to Bidders 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. Removal, procurement, and replacement of two (2) engine exhaust silencers, and all other associated work for:

TOTAL $ _____________________________________________

(Contractor’s Seal) Signature: ____________________________________________

Printed Name of Signer: _________________________________

Title: ________________________________________________

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

ENGINE EXHAUST SILENCER REPLACEMENT

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 Engine Exhaust Silencer Replacement for the Madison Metropolitan Sewerage District, all in accordance with the Contract Documents herein mentioned, including any and all Addenda prepared by the Madison Metropolitan Sewerage District, which Contract Documents are made a part of this Contract; and the contractor shall do all other things required of the Contractor by said Contract Documents.

ARTICLE II, CONTRACT PRICE:

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

ARTICLE III, CONTRACT DOCUMENTS:

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

1. Addenda No.___ to ___ inclusive

2. Advertisement

3. MMSD General and Supplementary Conditions

4. Specifications

5. Contractor’s Bid

6. This Instrument

C-2

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

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

(Contractor’s Seal) ____________________________________ (Contractor)

Attest _______________________________ By _________________________________

Title ________________________________ Title _______________________________

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

Attest ______________________________ By _________________________________

Title _______________________________ Title _______________________________

GENERAL CONDITIONS

GC-3

INDEX TO GENERAL CONDITIONS

SECTION PAGE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GC-4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GC-5

GENERAL CONDITIONS

PART 1: DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

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

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

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

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

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

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

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

Addenda.

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

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

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

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

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

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

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

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

GC-6

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

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

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

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

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

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

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

20. District—Madison Metropolitan Sewerage District

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

Work to be performed by Contractor.

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

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

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

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

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

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

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

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

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

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

GC-7

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GC-8

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

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

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

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

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

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

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

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

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

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

Conditions.

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

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

55. Technical Data

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

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

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

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

57. Unit Price Work—Work to be paid for on the…