Final - MPM Bathroom Design RFP.pdf

Advertisement for Proposal: Professional Service Educational Bathroom Design – P(ee)SA Advertised starting Thursday, September 12, 2024 for a minimum of two consecutive weeks using VendorNet or QuestCDN.

Specifications are available by visiting the District website at:

https://www.madsewer.org/contracting-center

The Madison Metropolitan Sewerage District requests proposal for educational bathroom design. Proposal documents are linked below. Proposal will be accepted until 12:00pm/Noon CT, Monday, September 30, 2024 at the District office, 1610 Moorland Road, Madison, Wisconsin 53713, or by email to catherineh@madsewer.org. Any questions should be directed to Catherine Harris, Pollution Prevention Specialist at 608-867-6426, or catherineh@madsewer.org .

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

Unless otherwise specified in the proposal documents, the proponent should check our internet site for any addendum 72 hours before the scheduled proposal deadline.

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

Any questions may be directed to:

Catherine Harris Pollution Prevention Specialist Madison Metropolitan Sewerage District 1610 Moorland Rd Madison, WI 53713 608-222-1201, ext. 115 catherineh@madsewer.org

Published by authority of the commissioners of the Madison Metropolitan Sewerage District. By Bradley J.

Murphy , Secretary mailto:catherineh@madsewer.org

REQUEST FOR PROPOSAL

Educational Bathroom Design – P(ee)SA

Issue Date: September 12, 2024 Responses Due: 12:00pm/Noon CT, Monday, September 30, 2024

Project manager contact: Catherine Harris, Pollution Prevention Specialist Email: catherineh@madsewer.org

TABLE OF CONTENTS

Project & Vision

What We’re Looking For

Inspiration

Scope & Deliverables

Budget

Timeline

Site

Requirements

Background

Madison Metropolitan Sewerage District

Madison Public Market Partnership

How to Apply

Proposal Evaluation

Attachments

Additional Provisions

Public Bidding Requirements

Professional Services Contract

Equal Employment Opportunity Requirements

Certificate of Insurance

Use, Disclosure, and Confidentiality of Information

Use of the District’s Name

Confidentiality

Educational Bathroom Design – “P(ee).S.A”

Project & Vision Ever visited a space that left you in awe? Maybe a space that incited curiosity? Or maybe one that gently nudged you into a certain desired behavior? Our hope is that through creative design, bathrooms at the Madison Public Market can be spaces that do just that, going beyond functional spaces, to be catalysts for fostering a mindful and environmentally conscious community. This project aims to transform high-traffic public bathrooms into memorable ‘learning lavatories’, or Public Service Announcements (“PSA”s) for important water issues.

What We’re Looking For This project seeks a qualified and innovative creative individual or team to work collaboratively with stakeholders to see this project through a full process from design development to reality. The team could use any mix of art, design, interior architecture and or other creative disciplines to create visually engaging environments that go beyond functionality to:

1. Foster Water Connection: Cultivate a profound connection to the significance of water and individuals' pivotal role in safeguarding this vital resource.

2. Engage and Enlighten: Infuse an educational essence within the bathrooms, acting as a channel for thought-provoking information. Offer visitors enlightening insights that they might not actively seek out, igniting curiosity and awareness.

3. Captivate: Create memorable spaces that prompt introspection. Encourage visitors to reflect upon their relationship with water and their potential to make a positive impact.

4. Stimulate Curiosity and Change: Introduce novelty and creativity to inspire curiosity, nurturing a desire to delve deeper into water resources. Disrupt routine through innovative design, making responsible waste disposal an appealing and convenient choice.

5. Advocate Pro-Environmental Behaviors: Encourage pro-environmental behaviors like water and energy conservation through interactive and visually compelling designs.

The success of this transformative venture hinges on the ability to:

1. Raise Awareness: Toilets are not trash cans. When you flush, it doesn’t go ‘away.’ The actions you take impact the treatment plant (and sewer rates) and communities downstream.

2. Engage, Educate, and Disrupt: Engage visitors on a multidimensional level, combining education, captivation, and disruption. Elevate awareness through creative design that effectively communicates the importance of responsible water usage.

3. Advocate for a Cleaner Future: Advocate for pollution prevention by showcasing the direct impact of responsible waste disposal on water quality. Encourage visitors to become stewards of cleaner water sources, contributing to a healthier environment.

4. Design for Inclusion & Accessibility: Ensure the design speaks to diverse levels of reading ability, languages, cultural backgrounds, and existing knowledge about water.

Designs that incorporate the "One Water" concept, illustrating the connectivity of all water sources and encouraging a sense of shared responsibility, are strongly encouraged.

Commissioning design for the Madison Public Market Bathrooms is a catalytic project, which is part of the District’s greater Shop One initiative.

Inspiration “America’s Best Restroom” in 2018, a crowd-funded homage to Florida’s wildlife, dubbed a

#learninglav, utilized recycled materials to draw awareness to and call visitors to action for wildlife habitat preservation.

The Northeast Ohio Sewer District has experimented with site-specific, audience-specific, and campaign-specific messaging. Their #Stall Tactics programs and prompts for specific audiences have received much attention.

Examples of ‘design hacks’ to prompt, ease breaking a social norm, or otherwise simplify abound.

What kind of design ‘hacks’ can be invented to make using the trashcan in a bathroom easier than flushing garbage down the toilet? Are there specific garbage receptacles that are sanitary, touch-free and can be easily placed in all stalls and that janitors don’t hate. Could they be a design element that is fun/novel or more exciting to use than flushing?

Through its Arts Industry Program, The Kohler Arts Center has supported the design of numerous bathrooms on its campus and off.

Stalled! A new vision for fully inclusive bathrooms.

Addressing the most difficult water challenges by using arts and culture comes from the US Water

Alliance’s “Advancing One Water through Arts and Culture: A Blueprint for Action.” This document outlines a path forward and is the guide for the District’s Shop One catalytic projects.

Changing environmental conditions (such as having clean-looking, touch-free bins, sanitary disposal bags, handwashing in stalls, and disruptive reminders, for example, can all help reduce the incidence of flushing products in the toilet and, therefore, the amount of garbage making it to the wastewater treatment plant.

Scope & Deliverables The chosen individual/team will be expected to:

• Enter into a contract with the Madison Metropolitan Sewerage District (see attached example contract).

• Work with District staff and MPM stakeholders to develop an approved design for the space that tell a memorable story that leaves an impression on visitors.

• Travel to the project site at least once

• Work within the fixed budget

• Bring designed vision to life, including fabrication of all elements, and install

• Work with MPM construction manager to coordinate the installation

Budget A total of $200,000 is available for the entirety of the project. This budget is inclusive of all associated project fees: design, travel, engineering, materials, fabrication, installation, consultant compensation, taxes, and all other associated project expenses.

https://onewatermadison.org/current-projects/catalytic-projects/ https://onewatermadison.org/ http://www.bestrestroom.com/us/ https://www.dingdarlingsociety.org/articles/project-bathroom https://twitpic.com/4t9k5f https://www.neorsd.org/news-banner-and-lombardi-out-wait-whats/ https://www.neorsd.org/education-bathroom-signage-to-promote/ https://www.neorsd.org/community/educational-resources/outreach-stall-tactics-reach-customers-where-our-business-meets-theirs/ http://www.dogscantflush.org/clevelandrocks-prsa2010.html https://designyoutrust.com/2019/06/brilliant-solutions-to-problems-you-never-knew-existed/ https://www.jmkac.org/explore-discover/arts-industry-program.html https://www.jmkac.org/exhibitions/collections/washrooms-new.html https://www.smith.edu/artmuseum/Collections/New-Folder/Functional-Art/Men-s-Restroom https://www.stalled.online/ http://www.uswateralliance.org/initiatives/arts-and-culture https://www.citronhygiene.co.uk/services/washroom-care/personal-hygiene-services https://fablittlebag.com/ https://fablittlebag.com/ https://www.phs.co.uk/media/3307/phs-water-pollution-whitepaper.pdf https://www.phs.co.uk/media/3307/phs-water-pollution-whitepaper.pdf

Timeline

RFP distributed: September 12, 2024 Public Market Site Visit: 3:00pm CT, September 18, 2024 Questions submitted by: 12:00pm CT/Noon, Monday, September 23, 2024 Answers posted by: close of business Wednesday, September 25, 2024 Proposals due: 12:00pm CT/Noon, Monday, September 30, 2024 Proposal selected, teams notified by: October 7, 2024 Design*: begin October 2024 through end of February 2025 Fabrication & installation: March 2025 through May 2025

*Design work may begin earlier depending on resource availability.

Site The Madison Public Market is located at 202. N. First Street. The building is 45,000 square feet overall (two stories) and has an additional 3.5 acres of outdoor amenities. It will house over 30 permanent vendors, and 100+ temporary vendors annually. Construction for retrofitting the space from it’s former use as a City Fleet Building is currently underway, and will continue through January 2025. Once major construction improvements have been completed, the Market will begin site improvements through Q1 2025, such as tenant build-outs, signage additions, for example, of which this project will be included.

Within the building, there are fourteen (14) bathrooms total. Bathrooms are grouped in pods of seven, which half (7) being on the first floor and half (7) on the second floor. Each individual bathroom is a single-user stall, with one sink and toilet each. Individual restrooms vary in size (see attached blueprints for specifications), but average around 40 square feet each.

Full details for finishes, square footage, layout, etc. are included in the attached “Site Information and Blueprints” PDF.

It should be noted that there is not an expectation that this project will cover all fourteen bathrooms.

Throughout design development, overall impact will be prioritized over coverage.

Parties interested in submitting proposals are invited to see the public market bathrooms at 3:00 p.m., September 18, 2024. Because this is an active construction site, we ask that all interested parties register in advance via Eventbrite: Register for site visit here. Closed-toe, sturdy, flat-soled shoes are required of all tour participants. Other requisite personal protective equipment (PPE) will be provided.

Requirements

• Communication: It is expected that communication with District staff be conducted in a professional and timely manner throughout the project. All documents shared with the District should be clearly labeled (version/draft, Bid Set, etc.). Advanced preparation, including of any presentation materials for staff and stakeholder groups is expected.

• Land: The Madison Metropolitan Sewerage District recognizes and respects the deep connection that indigenous people have with the land on which we operate. This land on which the former Fleet Services building, now Public Market Building sits, has been inhabited and cared for by Indigenous peoples who have stewarded it since time immemorial. As part of this project, we aim to honor the land's history and the ongoing relationship that indigenous communities maintain with it in an authentic and genuine way.

We encourage the selected consultant to approach the design process with cultural sensitivity and inclusivity, ensuring that the space created is a reflection of the importance of water in Teejop (i.e. more https://madisonpublicmarket.org/location/ https://www.eventbrite.com/e/educational-bathroom-peesa-design-rfp-tour-madison-public-market-tickets-998579737877?aff=oddtdtcreator than just a recognition statement). It is expected that any engagement with local indigenous communities directly seeking guidance, input and/or approval on how to best acknowledge/incorporate their presence and values in the space, is done so in an equitable and meaningful way.

• Safety & accessibility: As a public entity, it is important that the space is designed to accommodate as wide a variety of ages and mobility levels possible to safely use the bathrooms. The design should meet all relevant federal, state, local codes governing the architectural, engineering, and/or professional design of public buildings, and not obstruct any accessibility features that are purposefully in the built space. The construction, operation, and occupation of the facilities must comply with OSHA regulations. Design team must ensure that facilities can be constructed in a manner compliant with all current OSHA regulations applicable to construction, operation, and occupation of the facilities.

• Maintenance: The public market is predicted to be an extremely high-traffic public site serving the greater Madison community. Therefore, design elements should be sturdy, able to withstand regular cleaning without undue burden on janitorial staff or special preventative maintenance requirements.

• Longevity: This project, like much of the wastewater treatment plant and collection system infrastructure is funded by rates. As a public entity, we have a responsibility to ratepayers to keep rates low. Designs should take this into consideration (durable, resilient materials and features, timeless vs. trendy). Ongoing maintenance/operating expenses should be considered and kept minimal beyond general janitorial upkeep.

• Educational integrity: opportunities for inquiry, creativity and participant agency.

• Sustainability: The District is committed to sustainable infrastructure and operations. Design must, at a minimum comply with all federal, state, and local environmental laws and regulations, but should strive to utilize low-impact and/or restorative practices where possible.

Background

Madison Metropolitan Sewerage District The Madison Metropolitan Sewerage District (District) is an exemplar in resource recovery, overseeing operations at the Nine Springs Wastewater Treatment Plant, managing 18 pumping stations, and maintaining 145 miles of influent sewers and effluent force mains. Anchored in its vision to enrich life through clean water and resource revitalization, the District's mission centers on safeguarding public health and the environment.

Since 1930, the District has been at the forefront of innovation, employing cutting-edge technologies to return water to the environment while recovering valuable resources like nutrients and methane. While this storied history underscores our commitment to sustainability, today's intricate water challenges, including climate change impacts, evolving pollutants, stringent regulations, resource constraints, and heightened demand for resource quality, necessitate a departure from the ordinary.

Drawing from our legacy of innovation, the District recognizes the need to embrace new strategies. In this landscape, education and outreach emerge as powerful tools in our arsenal. Beyond technology, educating individuals about responsible wastewater system usage emerges as a cornerstone for preserving system longevity, forestalling disruptions, and optimizing cost savings for our ratepayers. This educational initiative fosters public understanding and cultivates a vital sense of trust, bolstering our long-term success by nurturing public confidence, garnering governmental and institutional support, and solidifying the social capital essential for our operations.

In this dynamic era, as we forge ahead to navigate contemporary water complexities, our investment in education underscores our unwavering dedication to pioneering solutions, fostering collaboration, and creating a sustainable clean water future.

Madison Public Market The Madison Public Market (MPM), to open in early 2025, on the corner of First & E. Johnson streets, is promised to be an inclusive, bustling marketplace showcasing much of what makes our community so special:

locally grown and prepared delicious food, refreshing beverages and handcrafted items. With a year-round indoor market, food hall, and indoor and outdoor gathering spaces, the public market development committees estimate it will attract 500,000+ visitors yearly, support 130+ local businesses, create 100 jobs, and generate $16 million in local sales annually.

The Madison Public Market Foundation’s Vision Statement for Arts & Cultural Expression is: The Madison Public Market Foundation recognizes that arts are a key component of the Market’s offerings and are critical to its success. The Foundation further recognizes that arts, culture, and design strengthen the pillars of our community and stimulate greater social and creative discussion and advancement. Therefore, the Market’s welcoming and inclusive space must be filled with dynamic art and other visual offerings that celebrate the people, cultures, and ecology of the region’s past, present, and future while enhancing the community’s social cohesion. Art and other cultural offerings must improve the Market’s cultural placemaking and advance the Market’s financial, social, and environmental profit

How to Apply Please prepare and submit:

1. Statement of Interest. Introduce yourself/team, your interest in this project and anything special that differentiates you/team and/or your approach. Include contact information.

2. Qualifications. Please provide a brief description of specialized experience and skills of the individual(s)/team to be involved (could include subcontractors as well, if relevant). This could be in the form of a brief biography, artist statement, summary of team's qualifications, and/or examples of past work. Up to four examples of comparable past work may be included. If examples are included, provide a brief project description, pictures/links, the project stage and estimate total project costs.

4. Project Approach & Schedule. Show how you would organize the project and carry out the work.

Comment on key technical aspects or components of this project that you believe will be particularly important to its success. Break down the project into tasks and show how and when the various tasks will be completed to meet major milestones.

6. Pricing. Provide an estimated price range and detailed breakdown for the services to be provided by project phase. Show billable rates and estimated hours for the individual(s) to be involved. Include a chart or table showing the anticipated hours from each individual, organized by the areas or tasks where each would be involved. Include fee schedule for all subcontractors involved in the project.

7. Equal Employment Opportunity Requirements: Include a certification that in connection with the performance of work for this project and under the related contract, you will not discriminate against any employee or applicant for employment because of age, race, religion, color, disability, sex, national origin, sexual orientation, gender identity, or other status protected by law. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;

https://madisonpublicmarket.org/location/ recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Submit proposals by 12:00pm/Noon CT, Monday, September 30, 2024 at the District office, 1610 Moorland Road, Madison, Wisconsin 53713, or by email to catherineh@madsewer.org.

Proposal Evaluation

Proposals will be evaluated by a committee composed of District staff. Proposals will be scored per criteria as follows:

Qualifications 0-30

• Previous Projects: 6 points – Do past projects include any spaces/designs/exhibits that are immersive, educational, (or) stimulate engagement? Does the proposer have experience working with government agencies and limited budgets?

• Team: 7 points – Is the team composed of individuals who will bring strengths from the required disciplines and backgrounds to ensure success? Is the team diverse? Do team members have sufficient knowledge and experience with similar projects? Do examples show commitment to equitable design processes?

How well does the proposal showcase the qualifications, expertise, and relevant experience of the consultant team in designing engaging educational and community-oriented spaces?

• Operationalization: 9 points – Does the team have a proven track record of bringing concepts from design to reality? Do they cite capacity and experience (could also be subcontractors) indicate competence with fabrication/install.

• Innovative and Creative Concepts: 8 points - To what extent does the proposal present innovative and creative design concepts? Do past projects exhibit unique and engaging ideas? Do examples exhibit ability to design interactivity, wonder and/or behavioral design elements into the work?

Approach 0-40

• Understanding of Project Goals and Vision: 10 points - How well does the proposal demonstrate an understanding of the District's vision, goals, and objectives for the bathroom design? Are the proposed approaches aligned with the project's intended purpose?

• Feasibility and Practicality: 10 points - Does the proposal outline a realistic and practical plan to implement the design within the given timeline and budget? Are potential challenges and mitigation strategies considered?

• Process Understanding: 4 points - Does the proposal acknowledge and show understanding of challenges/constraints unique to public sector projects?

• Environmental Sustainability: 4 points - How well does the proposal incorporate sustainable and environmentally responsible design practices that align with the District's commitment to sustainable infrastructure and operations?

• Safety and Accessibility: 4 points - Does the proposal address safety and accessibility considerations adequately to ensure that the space can accommodate visitors of all ages and mobility levels?

• Inclusivity and Cultural Sensitivity: 4 points - How does the proposal demonstrate a commitment to inclusivity, diversity, and cultural sensitivity? Are there explicit strategies to involve community in the design process?

• Collaborative Approach: 4 points - Does the proposal highlight the team's ability to work cooperatively with large groups of diverse stakeholders? Regular, open communication and collaborative decision-making are a must.

Pricing 0-20

• Cost-effectiveness: 10 points - How competitive and cost-effective is the proposed pricing for the project, considering the scope of work?

• Fair wages: 5 points – Proposal budget accounts for all labor required to develop design, install, fabricate. No overpromising/short-changing for the given scope.

• Travel costs: 5 points – How much of the proposed budget is absorbed by travel costs. Teams that minimize travel expenses, (ie. local) receive higher points.

Schedule 0-10

• Realistic Timeline: 5 points - Does the proposed schedule align with the District's timeline for project completion? Does the proposal demonstrate capacity to complete the project on time?

• Past Projects: 5 points – Does the proposal provide evidence of successful project completion? Were example projects true to estimated timelines?

Following the review of proposals, clarifying questions may be sent. Additionally, interviews may be scheduled as deemed necessary by the review committee. All interviews (if required) will be virtual (through Teams or Zoom).

The review committee’s recommendation will be for the consultant deemed to be in the best interest of the project based on both the proposal and interview (if required).

Award shall be made to the consultant determined to be the best qualified by the review committee, based on the evaluation criteria set forth in the Request for Proposals and upon negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified consultant, negotiations may be conducted with such other consultant or consultants in the order of their respective ranking; and the contract may be awarded to the consultant then ranked as best qualified.

The District reserves the right to contract for all or part of the project. The contract and associated scope of work will be a “not-to-exceed” contract.

Attachments

The following are provided as supplemental resources for this request for proposal :

• Attachment A: Site Information & Blueprints

• Attachment B: Example Contract

• One Water, Nine Springs Virtual Tour, Pollution Prevention Messages https://www.madsewer.org/who-we-are/respect-every-drop/ https://storymaps.arcgis.com/stories/424038e10de64a4884d915d95a3b1fb5 https://www.madsewer.org/pollution-prevention/

Additional Provisions Public Bidding Requirements Under state law, the District is required to comply with certain public bidding requirements for certain types of construction projects. Depending on the final scope of work approved by the District, these statutory bidding requirements may apply some elements of the Project, in addition to any other requirements under this request for proposal.

Professional Services Contract Following the selection of a qualified firm for the work of this RFP, the District and the firm will begin a good faith effort to negotiate a Professional Services Contract for the work. This contract will be the basis for negotiations, which will include Terms & Conditions as well as the Scope of Services for performance. A contract template is provided as part of this RFP, Attachment B. Proposers should notify the Project manager of any questions or concerns about the standard Terms & Conditions during the request for proposal process.

Intellectual Property Because of the mutual alignment between the District’s outreach messages and the Public Market Foundation’s goals for the space, the two parties have entered into an agreement to see this project to fruition. This project is just one part of many moving pieces, and various agreements, that will outline how the public market operates into the future. This project, both design and fabrication/install will be funded by the Madison Metropolitan Sewerage District, through a contract with the selected consultant, however past the design and install phase, the District will not operate or upkeep the space. So for transparency about future ownership and maintenance of works created as an outcome of this project, it should be noted that:

• The Public Market Foundation will be the operator of the Madison Public Market space (owned by the City of Madison) under a forthcoming Lease and Operating Agreement with the City of Madison, which addresses the construction and installation of improvements within certain spaces that may require the City’s approval regarding the design and/or installation of such improvements, among other things.

• Upon completion of this project, the Public Market Foundation shall own all materials, fixtures, artwork, messages, or other elements of the work completed as part of this project

• For a period of 60 months following the completion of the Construction Work, the Public Market Foundation may not substantially modify or remove any elements of such work without the express written approval of the District, which approval shall not be unreasonably withheld. For the avoidance of doubt, during the 60-month review period, the District’s approval shall be required before renovating, replacing, repainting, or removing any materials, fixtures, artwork, messages, or other elements of the work established under the agreement between the District and the Public Market Foundation.

• The District intends to develop an understanding with the selected design consultants, as part of the contracting process, for granting of renovation, replacement, removal, and/or modification approvals.

Equal Employment Opportunity Requirements In connection with the performance of work for this project and under the related contract, the Proposer agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, disability, sex, national origin, sexual orientation, gender identity, or other status protected by law. 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.

Certificate of Insurance The Contractor shall not commence work under Contract until all insurance required hereunder has been obtained and such insurance certification has been reviewed by the Owner. The Contractor shall not allow any Subcontractor to commence work on his Subcontract until certification for all similar insurance required for that portion of the Work has been reviewed by the Owner. Review of the insurance certification by the Owner shall not relieve or decrease the liability of the Contractor hereunder. The insurance certification shall name as Additional Insureds the Madison Metropolitan Sewerage District.

The Contractor shall obtain, pay for, and maintain during the life of this Contract such Worker's Compensation and Employer's Liability, Comprehensive General Liability, Business Automobile Liability, and Umbrella Liability Insurance to protect the Contractor performing work covered by this Contract from claims for damages for bodily injury, including accidental death, as well as for claims for property damage which may arise from operations under this Contract whether such operations be by them or any Subcontractor, or by anyone directly or indirectly employed by either of them, on the forms, and with limits not less than set forth in the Professional Services Agreement (contract).

Use, Disclosure, and Confidentiality of Information The information supplied by a Proposer as part of an RFP response will become the property of the District.

Proposals will be available to interested parties and other requestors in accordance with the Wisconsin Public Records Law. None of the proposal responses will be made available to the public until after negotiation and award of a contract or cancellation of the procurement.

To the extent allowed by law, the District will treat trade secrets as confidential (if designated as confidential and submitted separately in a sealed envelope). If a Proposer wishes for a proposal to remain confidential, the Proposer must, before submitting a proposal, establish to the District’s satisfaction that the proposal be given confidential status. The District reserves the right to make any final disclosure determinations in accordance with the law. (Note: Pricing information will not be considered confidential.)

Use of the District’s Name Upon entering an agreement, the successful Contractor agrees not to use the name of the Madison Metropolitan Sewerage District in relation to the agreement in commercial advertising, trade literature, or press releases to the public without the prior written approval of the District. The District has the right to enjoin the Contractor from any such use in violation of this provision, and the Contractor shall be responsible for damages and reimbursement of actual reasonable legal fees incurred with regard to legal evaluation and/or legal action taken by the District because of the Contractor's violation of this provision, including fees incurred to obtain an injunction.

Confidentiality Subject to Wisconsin’s Public Records law, any data or other information regarding the District’s customers, operations, or methods obtained by the Contractor during the course of the project shall remain confidential and shall not be released to third parties without the express written consent of the District.