RFP Bid Package.pdf

Department of Public Works Engineering Division James M. Wolfe, P.E., City Engineer City-County Building, Room 115 210 Martin Luther King, Jr. Boulevard Madison, Wisconsin 53703 Phone: (608) 266-4751 Fax: (608) 264-9275 engineering@cityofmadison.com www.cityofmadison.com/engineering

DATE:

TO:

OCTOBER 23, 2024

CONSULTORS SUBMITTING PROPOSALS FOR

ENGINEERING SERVICES

FROM: JAMES M. WOLFE, P.E., CITY ENGINEER

SUBJECT: PLANNING AND DESIGN SERVICES FOR BADGER LANE LIFT STATION (L.S. #38)

The City of Madison Engineering Division is requesting bids to provide planning and design services to replace the City of Madison Badger Lane Lift station. The intent for the Request for Proposals is to allow consultants the opportunity to enter into a contract with the City of Madison for the required work as detailed in the Scope of Services.

Please refer to the RFP for the pertinent information and dates. The following items are included with the RFP and considered part of it:

• Scope of Services

• Project Location Map & Service Area Map

• Pump Specifications

• Standard Terms and Conditions

• Sample Contract

The RFP may be obtained at any of the following online at:

• State of Wisconsin, VendorNet System - www.vendornet.state.wi.us

• City of Madison Public Works -www.cityofmadison.com/business/pw/requestforproposals.cfm

• Demandstar by Onvia - www.demandstar.com

Interested contractors shall submit one (1) copy of their proposal to the Office of the City Engineer by 12:00 PM on NOVEMBER 11, 2024. Submit proposal to:

City of Madison, Engineering Division Attn: Kyle Frank 210 Martin Luther King Jr Blvd., Room 115 Madison, WI 53703

Proposals may be submitted electronically to kfrank@cityofmadison.com

Please carefully review the RFP and follow all instructions. The successful contractor must be agreeable to the City of Madison standard contract language in the Sample Contract. Questions regarding this project may be directed to Kyle Frank at kfrank@cityofmadison.com or 608-266-4098.

Assistant City Engineer Bryan Cooper, AIA

Gregory T. Fries, P.E.

Chris Petykowski, P.E.

Deputy Division Manager Kathleen M. Cryan

Principal Engineer 2 John S. Fahrney, P.E.

Janet Schmidt, P.E.

Principal Engineer 1 Mark D. Moder, P.E.

Fadi El Musa Gonzalez, P.E.

Andrew J. Zwieg, P.E.

Financial Manager Steven B. Danner-Rivers mailto:engineering@cityofmadison.com http://www.cityofmadison.com/engineering http://www.vendornet.state.wi.us/ http://www.cityofmadison.com/business/pw/requestforproposals.cfm http://www.demandstar.com/ mailto:kfrank@cityofmadison.com

10/17/2024-01_CoverPage_Badger LS.docx

Sincerely, James M. Wolfe, P.E., City Engineer

REQUEST FOR PROPOSALS

SCOPE OF SERVICES

PLANNING & DESIGN SERVICES FOR

BADGER LANE LIFT STATION (L.S. #38)

A. Background Information

The City of Madison Engineering Department (hereon referred to as the City) and the Madison Metropolitan Sewerage District (hereon referred to as MMSD) have reviewed the age, condition, and capacity of the Badger Lane Lift Station, located at 101 Nob Hill Rd, and determined that the pumps and control equipment are in need of replacement.

The pumps are currently located in an underground containment structure. The original construction drawing of the lift station is not available but a site visit to view the station internals will be made available to Consultants. Enclosed is a map showing the location of the existing lift station.

Figure 1: Existing Harper Road Lift Station

Figure 1: Existing Badger Ln Lift Station

The station is located in the City of Madison Right of Way at the intersection of Badger Ln and Nob Hill Rd.

The current average flow handled is approximately 112,000 gpd, from a service area of approximately 275 acres. The station has two (2) 7.5 hp, 450 gpm pumps, with a design head of 35’. However, during an MMSD drawdown test, the pumps tested out to have an average test pump capacity of 738 gpm. The lift station pumps through an 8-inch force main (approximately 370 feet in length) to a City of Madison sewer access structure south on Badger Ln.

B. Description of Anticipated Improvements

The improvements are likely to include all of the following elements:

1. Removal of existing lift station building, including dry well and wet well

2. Remove and install pumping equipment and appurtenances

3. Remove and install electrical equipment as required, including an on-site backup generator

4. Remove and install electrical service to the above ground control panel including emergency generator connection

5. Install new wet well and valve vault

6. Install suction and discharge piping, as required

7. Install control systems, telemetry, and antenna

8. Install surge protection equipment

9. Install Emergency Backup Generator

The scope and estimated costs for the improvements at this station are to be examined in detail by the Consultant during the design phase. Based on the City’s experience with previous similar lift stations, the cost estimate of the lift station may be in the range of $1,000,000 to $1,250,000.

C. Anticipated Scope of the Services to be provided by the Design Firm

The anticipated services to be provided by the design firm include the following:

1. Manage and carry out the overall design of the project.

2. Perform a survey of the site and the lift station for design.

3. Provide any field measurements needed at the station sites.

4. Inspect and become familiar with the lift station. The lift station will be available to be viewed on

OCTOBER 31, 2024 from 10:00am to 11:00am.

5. Perform an asbestos investigation and develop an asbestos abatement plan for use by the

Contractor.

6. Meet and interact with the City and MMSD as needed throughout the project and submit key design recommendations for City and MMSD review and approval. The Consultant shall specify the number of formal meetings anticipated and accounted for in their proposal. (Please assume a minimum of four (4)).

7. Evaluate and recommend specific lift station designs for all rehabilitation improvement options, including but not limited to recommending flow capacities for the proposed lift station, sizing of pumping units, sizing of wet well, and any buoyancy calculation requirements.

8. Identify and complete all permits required for the project (except for permits required by the construction Contractor). The Consultant will be responsible for completion of the WDNR permit for the lift station replacement. The City will then be responsible for submitting and payment of WDNR permit.

9. Provide detailed electrical design work (including instrumentation and control) required for the project. Work to include switchboards, motor controllers, station controllers, power wiring, control wiring, telemetry, lighting, and level control system. The Consultant shall coordinate all electrical work with MMSD staff and shall incorporate the electrical work into the overall project.

10. Provide detailed mechanical design work required for the project. Work to include pump suction and discharge valves replacements, sump pump and controls, float tube removal, and any required HVAC modifications.

11. Provide miscellaneous detailed design work required for the project that included the pump and valve painting, cat-walking painting, new entrance door, concrete steps, landscaping, wet well, and rooftop (if necessary).

12. Examine and document specific sequencing required for construction, considering the need to keep facilities in continuous operation.

13. Prepare detailed plans and specifications to be used for bidding and construction. Plans shall include all details required and the necessary plan and section views required for construction, including both electrical and mechanical disciplines. Contract documents should be submitted to the City and MMSD for review, at a minimum, at the 75% and 90% completion points.

14. Prepare detailed cost estimate for the final design to be used for bidding. Estimate shall include all cost aspects of the final design, including labor and materials. A paper copy of the cost estimate and an electronic copy, in Microsoft Excel format, shall be submitted for use in bidding.

15. Coordinate with private utility companies to identify private utility facilities and any relocations that are required due to conflicts with the proposed design.

16. Provide services through advertising, bidding, and construction of the project. This includes a pre-bid meeting attendance. Preparation of any addenda or plan revisions that may be required.

Answering any field engineering questions, requirements, or calculations that may arise during construction. It is anticipated that the City or MMSD will perform all construction-phase project management and resident engineering activities, with the Consultant involved with shop drawing reviews, answers RFI’s, etc.

17. Attend and assist the City and MMSD with the pre-construction meeting.

D. Anticipated Timetable

Proposals shall be submitted to the Engineer by 12:00PM NOVEMBER 11, 2024.It is anticipated that the City will select a design firm by NOVEMBER 20, 2024, and shall draft a final scope of service agreement with the successful firm by NOVEMBER 22, 2024. Unless mutually agreed otherwise, a preliminary report detailing the recommended improvements shall be submitted by the Consultant on or before JANUARY 6, 2024. After review and approval of the recommendations by the City and MMSD (approximately two (2) weeks), the Consultant shall complete 90% preliminary plans and specifications by JANUARY 31, 2024.

The City and MMSD shall submit comments on preliminary plans by FEBRUARY 14, 2024. Final plans and specifications shall be complete and ready to advertise by approximately FEBRUARY 27, 2024. The Consultant may propose a more detailed and/or alternate schedule.

E. Deliverables

Deliverables shall include the following:

1. A detailed design report for the project. The report shall include all background information, calculations performed, design alternatives evaluated, and the final design recommendations.

Submit an electronic copy of the report in Microsoft Word and Adobe (.pdf) format.

2. Detailed plan drawings required for construction. These include detail sheets, site plan sheets, mechanical plan and section drawings, and all electrical drawings required.

3. Detailed specifications to be used for bidding. Unless mutually agreed otherwise, use the City’s standard Advertisement, Instructions to Bidders, General Conditions, and Contract forms.

4. Provide miscellaneous services during bidding and construction, including design-related clarifications for bidders, attendance at pre-bid conference, preparation of addenda and/or plan and specification revisions (if needed), review of submittals and shop drawings, and provide design-related clarifications for construction Contractor that may come up during construction.

5. Provide the City with paper and electronic copies of all contract documents, with the following requirements:

- Electronic copies of all plans shall be supplied in AutoCAD format. Label all layers in the

CAD drawings and include any special files required to view and/or print the plan sheets.

- Provide one electronic copy of the final design plans in Adobe “PDF” format.

- Provide one electronic copy of all specifications in Microsoft Word format.

- Provide one electronic copy of the final project manual in Adobe “PDF” format.

- Provide at least one original paper copy of the plans and specifications, stamped by a

Professional Engineer.

6. Provide a cost estimate for the final design chosen.

7. Prepare and provide all permit applications as required to construct the lift station. (The City shall make said application and pay any permit fees)

F. Submittal of Written Proposals

Please submit one (1) copies of your proposal on or before 12:00PM NOVEMBER 11, 2024. All questions in regard to the RFP shall be submitted to the contact by the end of the day of NOVEMBER 1, 2024. All questions will be answered as an addendum to this RFP by the noon on NOVEMBER 6, 2024. The City requests that the body of the proposal be as concise as possible. The proposal may be organized as you see fit but should address the following areas.

1. Project Approach. Show how you would organize the project and carry out the work. Include timelines and milestones for key tasks.

2. Qualifications of Firm. Briefly summarize your firm’s qualifications for this type of work, including similar projects completed in the past. Include qualifications for sub-consultants, especially those of the electrical design firm(s) (if outsourced).

3. Strength of the Project Team. Show the specialized experience and skills of the individuals to be assigned to this project. Indicate exactly which personnel will be performing the required tasks. Include a chart or table showing the anticipated hours from each individual. Attach resumes of the proposed personnel. For past project experience, emphasize the specific responsibilities carried out by the Project Team and each individual.

4. Deliverables. Briefly summarize the final products you would deliver to the City, including reports, contract documents, etc., as previously described.

5. Key Technical Issues. Comment on key technical aspects or components of this pumping station project that is believed to be particularly important to the success of the project.

6. Pricing. Provide a total budget price (or anticipated range of cost) and detailed breakdown for the services to be provided. Show billable rates and estimated hours for the individuals to be involved. Indicate salary multipliers to be used for the project, and define the additional expenses that are billed outside of the multiplier. Payment will be made based on actual time and materials, but not to exceed the budgeted price unless mutually agreed between City and the Consultant.

Proposals will be evaluated by members if the City of Madison and MMSD. Each submitted proposal will be evaluated on understanding of the project and approach (25%), strength of the project team (15%), similar project experience (15%), cost (40%), and local preference (5%, based on C.O.M. local purchasing database). Scores will be compiled and final selection of Consultant will be based on highest compiled score. Compiled scores will be released with the notification of the winning Consultant.

G. Project Contact

Name: Kyle Frank Address: Engineering Division City-County Building, Room 115 210 Martin Luther King Jr. Blvd.

Madison, WI, 53703 Phone: (608) 266-4098 E-mail: kfrank@cityofmadison.com

H. Final Comments

It is anticipated that the project will be bid as a single-prime contract. Plans and specifications shall be arranged accordingly. Also, the project is NOT anticipated to be funded through a Clean Water Fund Loan from the WDNR.

I. Attachments

Attachment A: Location Map & Service Area Map Attachment B: Existing Pump Specs Attachment C: City of Madison Standard Terms and Conditions Attachment D: Example Contract for Purchase of Services

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BADGER LIFT STATION

BADGER LIFT STATION

SERVICE AREA

Legend " Sanitary Pump Stations

Badger Lift Station Service Area

Properties in City of Fitchburg - Connected to Badger Lift Station

Properties in City of Madison

. 0 400 800 1,200 1,600 Feet

Exhibit A

Specification MTR1261 -- 001 Madison Metropolitan Sewerage District

Friday April 12, 2024 13:30

Specification No MTR1261 Specification Type ASSET Specification Category MOTOR

Specification Desc BAD : Motor, Pump 1, Badger Pump Station

Specification Sequence No Attribute Desc Attribute Value Source Information 10 Motor Manufacturer 20 Motor Model Number Type KZKU 30 Motor Serial Number F394809 40 Motor Instruction Manual 50 AC Volts 208 - 220 60 Full Load Amps 23.9 - 22.6 70 Horsepower 7.5 80 Phase 3

90 RPM 1170

100 Catalog Number 110 Service Factor 1.15 120 Mount Type 130 Frame Type 140 Enclosure 150 Manual Location 160 Equipment ID BAD-P1

Specification PMP1261 -- 001 Madison Metropolitan Sewerage District

Friday April 12, 2024 13:26

Specification No PMP1261 Specification Type ASSET Specification Category PUMP,PS Specification Desc BAD : Pump 1, Badger Pump Station

Specification Sequence No Attribute Desc Attribute Value Source Information 10 Pump Manufacturer Fairbanks Morse 20 Pump Model Number 5413A Frame 28 30 Pump Serial Number K2C3871 40 Pump Inlet Size 50 Pump Outlet Size 60 Minimum RPM 70 Maximum RPM 80 Operating RPM 1150 90 Flow 450

100 Head 35 110 Output Pressure 120 Mount Type 130 Rated Horsepower 140 Seal Type 150 Impeller Material 160 Unit Weight 170 Rotation 180 Impeller Size 10.25 190 Temperature Rating 200 Inboard Bearing 210 Outboard Bearing 220 Other Bearings 230 Project 240 Manual Location Badger File 250 Equipment ID BAD-P1

STC 02.24.2022.docx Page 1

CITY OF MADISON

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this

Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including al l addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to ful ly complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

STC 02.24.2022.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel this bid, in whole or in part, at any time for any reason. The City may, in its sole discretion and without any reason, cancel or terminate any contract or purchase order awarded as a result of this bid, in whole or in part, without penalty, by providing ten (10) days written notice thereof to the contractor.

a. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

b. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices to Purchasing or ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

STC 02.24.2022.docx Page 3

19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

20. Affirmative Action.

A. The following language applies to all successful bidders employing fifteen (15) or more employees (MGO 39.02(9)(c):

The Contractor agrees that, within thirty (30) days after the effective date of this Contract, Contractor will provide to the City of Madison Department of Civil Rights (the “Department”), certain workforce utilization statistics, using a form provided by the City.

If the Contract is still in effect, or if the City enters into a new Agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City.

The second form will be submitted to the Department no later than one year after the date on which the first form was required to be provided.

The Contractor further agrees that, for at least twelve (12) months after the effective date of this Contract, it will notify the Department of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are to be considered. The notice will include a job description, classification, qualifications, and application procedures and deadlines, shall be provided to the City by the opening date of advertisement and with sufficient time for the City to notify candidates and make a timely referral. The Contractor agrees to interview and consider candidates referred by the Department, or an organization designated by the Department, if the candidate meets the minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the Contractor on or before the date stated in the notice.

The Department will determine if a contractor is exempt from the above requirements (Sec. 20.A.) at the time the Request for Exemption in 20.B.(2) is made.

B. Articles of Agreement, Request for Exemption, and Release of Payment:

The “ARTICLES OF AGREEMENT” beginning on the following page, apply to all contractors, unless determined to be exempt under the following table and procedures:

NUMBER OF EMPLOYEES

LESS THAN $50,000

Aggregate Annual Business with the City*

$50,000 OR MORE

Aggregate Annual Business with the City*

14 or less Exempt** Exempt**

15 or more Exempt** Not Exempt

*As determined by the Finance Director **As determined by the Department of Civil Rights

(1) Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in section 20.B.(5) of this Contract and from filing an Affirmative Action plan as required by Section IV of the Articles of Agreement. The Department of Civil Rights (“Department”) makes the final determination as to whether a contractor is exempt. If the Contractor is not exempt, sec. 20.B.(5) shall apply and Contractor shall select option A. or B. under Article IV therein and file an Affirmative Action Plan.

(2) Request for Exemption – Fewer Than 15 Employees: (MGO 39.02(9)(a)2.) Contractors who believe they are exempt based on number of employees shall submit a Request for Exemption on a form provided by the Department within thirty (30) days of the effective date of this Contract.

(3) Exemption – Annual Aggregate Business: (MGO 39.02(9)(a)c.): The Department will determine, at the time this Contract is presented for signature, if the Contractor is exempt because it will have less than $50,000 in annual aggregate business with the City for the calendar year in which the contract is in effect. CONTRACTORS WITH 15 OR MORE EMPLOYEES WILL LOSE THIS EXEMPTION AND BECOME SUBJECT TO SEC. 20.B.(5) UPON REACHING $50,000 OR MORE ANNUAL AGGREGATE BUSINESS

WITH THE CITY WITHIN THE CALENDAR YEAR, BEGINNING IN 2019.

(4) Release of Payment: (MGO 39.02(9)(e)1.b.) All non-exempt contractors must have an approved Affirmative Action plan meeting the requirements of Article IV below on file with the Department within thirty (30) days of the effective date of this Contract and prior to release of payment by the City. Contractors that are exempt based on number of employees agree to file a Request for Exemption with the Department within thirty (30) days of the effective date and prior to release of payment by the City.

(5) Articles of Agreement:

ARTICLE I

The Contractor shall take affirmative action in accordance with the provisions of this Contract to ensure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin and that the employer shall provide harassment-free work environment for the realization of the potential of each employee. Such action 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 insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants notices to be provided by the City setting out the provisions of the nondiscrimination clauses in this Contract.

ARTICLE II

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The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractors state that all qualified or qualifiable applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin.

ARTICLE III

The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining Agreement or other Contract or understanding a notice to be provided by the City advising the labor union or workers representative of the Contractor's equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to employees and applicants for employment.

ARTICLE IV

(This Article applies to non-public works contracts.)

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison (MGO 39.02) including the Contract compliance requirements. The Contractor warrants and certifies that one of the following paragraphs is true (check one):

A. Contractor has prepared and has on file an affirmative action plan that meets the format requirements of Federal Revised Order No, 4, 41 CFR part 60-2, as established by 43 FR 51400 November 3, 1978, including appendices required by City of Madison ordinances or it has prepared and has on file a model affirmative action plan approved by the Madison Common Council.

B. Within thirty (30) days after the effective date of this Contract, Contractor will complete an affirmative action plan that meets the format requirements of Federal Revised Order No. 4, 41 CFR Part 60-2, as established by 43 FR 51400, November 3, 1978, including appendices required by City of Madison ordinance or within thirty (30) days after the effective date of this Contract, it will complete a model affirmative action plan approved by the Madison Common Council.

C. Contractor believes it is exempt from filing an affirmative action plan because it has fewer than fifteen (15) employees and has filed, or will file within thirty (30) days after the effective date of this Contract, a form required by the City to confirm exempt status based on number of employees. If the City determines that Contractor is not exempt, the Articles of Agreement will apply.

D. Contractor believes it is exempt from filing an affirmative action plan because its annual aggregate business with the City for the calendar year in which the contract is in effect is less than fifty thousand dollars ($50,000), or for another reason listed in MGO 39.02(9)(a)2. If the City determines that Contractor is not exempt, the Articles of Agreement will apply.

ARTICLE V

(This Article applies only to public works contracts.)

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison, including the Contract compliance requirements. The Contractor agrees to submit the model affirmative action plan for public works Contractors in a form approved by the Director of Affirmative Action.

ARTICLE VI

The Contractor will maintain records as required by Section 39.02(9)(f) of the Madison General Ordinances and will provide the City's Department of Affirmative Action with access to such records and to persons who have relevant and necessary information, as provided in Section 39.02(9)(f). The City agrees to keep all such records confidential, except to the extent that public inspection is required by law.

ARTICLE VII

In the event of the Contractor's or subcontractor's failure to comply with the Equal Employment Opportunity and Affirmative Action provisions of this Contract or Sections 39.03 and 39.02 of the Madison General Ordinances, it is agreed that the City at its option may do any or all of the following:

A. Cancel, terminate or suspend this Contract in whole or in part.

B. Declare the Contractor ineligible for further City contracts until the Affirmative Action requirements are met.

C. Recover on behalf of the City from the prime Contractor 0.5 percent of the Contract award price for each week that such party fails or refuses to comply, in the nature of liquidated damages, but not to exceed a total of five percent (5%) of the Contract price, or ten thousand dollars ($10,000), whichever is less. Under public works contracts, if a subcontractor is in noncompliance, the City may recover liquidated damages from the prime Contractor in the manner described above. The preceding sentence shall not be construed to prohibit a prime Contractor from recovering the amount of such damage from the noncomplying subcontractor.

ARTICLE VIII

(This Article applies to public works contracts only.)

The Contractor shall include the above provisions of this Contract in every subcontract so that such provisions will be binding upon each subcontractor.

The Contractor shall take such action with respect to any subcontractor as necessary to enforce such provisions, including sanctions provided for noncompliance.

ARTICLE IX

The Contractor shall allow the maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this Contract. (In federally funded contracts the terms "DBE, MBE, and WBE" shall be substituted for the term "small business" in this Article.)

21. Nondiscrimination. During the term of this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs

STC 02.24.2022.docx Page 5 or student status. Contractor further agrees not to discriminate against any subcontractor or person who offers to subcontract on this Contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin.

22. Prevailing Wage. Where applicable under federal law, the Contractor warrants that prevailing wages will be paid to all trades and occupations.

23. Indemnification. The Contractor shall be liable to and hereby agrees to indemnify, defend and hold harmless the City of Madison, and its officers, officials, agents, and employees against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the acts or omissions of Contractor and any of Contractor’s subcontractors in the performance of this agreement, whether caused by or contributed to by the negligence of the City or its officers, officials, agents or employees.

24. Insurance.

The Contractor will insure, and will require each subcontractor to insure, as indicated, against the following risks to the extent stated below.

The Contractor shall not commence work under this Contract, nor shall the Contractor allow any Subcontractor to commence work on its Subcontract, until the insurance required below has been obtained and corresponding certificate(s) of insurance have been approved by the City Risk Manager.

a. Commercial General Liability - The Contractor shall procure and maintain during the life of this contract, Commercial General Liability insurance including, but not limited to, products and completed operations, bodily injury, property damage, personal injury, and products and completed operations (unless determined to be inapplicable by the Risk Manager) in an amount not less than $1,000,000 per occurrence. This policy shall also provide contractual liability in the same amount. Contractor’s coverage shall be primary and list the City of Madison, its officers, officials, agents and employees as additional insureds. Contractor shall require all subcontractors under this Contract (if any) to procure and maintain insurance meeting the above criteria, applying on a primary basis and listing the City of Madison, its officers, officials, agents and employees as additional insureds.

b. Automobile Liability - The Contractor shall procure and maintain during the life of this contract Business Automobile Liability insurance covering owned, non-owned and hired automobiles with limits of not less than $1,000,000 combined single limit per accident. Contractor shall require all subcontractors under this Contract (if any) to procure and maintain insurance covering each subcontractor and meeting the above criteria.

c. Worker’s Compensation - The Contractor shall procure and maintain during the life of this contract statutory Workers’ Compensation insurance as required by the State of Wisconsin. The Contractor shall also carry Employers Liability limits of at least $100,000 Each Accident, $100,000 Disease – Each Employee, and $500,000 Disease – Policy Limit. Contractor shall require all subcontractors under this Contract (if any) to procure and maintain such insurance, covering each subcontractor.

d. Professional Liability - The Contractor shall procure and maintain professional liability insurance with coverage of not less than $1,000,000. If such policy is a “claims made” policy, all renewals thereof during the life of the contract shall include “prior acts coverage” covering at all times all claims made with respect to Contractor’s work performed under the contract. This Professional Liability coverage must be kept in force for a period of six (6) years after the services have been accepted by the City.

e. Acceptability of Insurers - The above-required insurance is to be placed with insurers who have an A.M. Best rating of no less than A- (A minus) and a Financial Category rating of no less than VII.

f. Proof of Insurance, Approval. The Contractor shall provide the City with certificate(s) of insurance showing the type, amount, effective dates, and expiration dates of required policies prior to commencing work under this Contract. Contractor shall provide the certificate(s) to the City’s representative upon execution of the Contract, or sooner, for approval by the City Risk Manager. If any of the policies required above expire while this Contract is in effect, Contractor shall provide renewal certificate(s) to the City for approval. Certificate Holder language should be listed as follows:

City of Madison ATTN: Risk Management, Room 406 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

The Contractor shall provide copies of additional insured endorsements or insurance policies, if requested by the City Risk Manager. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material changes to any of the above-required policies during the term of this Contract.

25. Work Site Damages. Any damage, including damage to finished surfaces, resulting from the performance of this contract shall be repaired to the Owner’s satisfaction at the Contractor’s expense.

26. Compliance.

a. Regulations. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work.

b. Licensing and Permits. The Contractor selected under this bid shall be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract. The Contractor shall also be required, when appropriate, to obtain the necessary building permits prior to performing work on City facilities.

27. Warranty of Materials and Workmanship.

a. The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new, first class, and in accordance with the Contract Documents. The Contractor further warrants that all workmanship shall be first class and in accordance with the Contract Documents and shall be performed by persons qualified in their respective trades.

b. Work not conforming to these warranties shall be considered defective.

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c. This warranty of materials and workmanship is separate and independent from and in addition to any other guarantees in this Contract.

28. Replacement of Defective Work or Materials. Any work or material found to be in any way defective or unsatisfactory shall be corrected or replaced by the Contractor at its own expense at the order of the City notwithstanding that it may have been previously overlooked or passed by an inspector. Inspection shall not relieve the Contractor of its obligations to furnish materials and workmanship in accordance with this contract and its specifications.

29. Reservation of the Right to Inspect Work. At any time during normal business hours and as often as the City may deem necessary, the Contractor shall permit the authorized representatives of the City to review and inspect all materials and workmanship at any time during the duration of this contract, provided, however, the City is under no duty to make such inspections, and any inspection so made shall not relieve the Contractor from any obligation to furnish materials and workmanship strictly in accordance with the instructions, contract requirements and specifications.

30. Sweatfree Procurement of Items of Apparel. If this bid results in the procurement of $15,000 or more in garments or items of clothing, any part of which is a textile, or any shoes/ footwear, then Sec. 4.25 of the Madison General Ordinances, “Procurement of Items of Apparel”, is hereby incorporated by reference and made part of this contract. See Section 4.25(2) at www.municode.com for applicability specifics. The contractor shall follow labor practices consistent with international standards of human rights, meaning that, at a minimum, contractor shall adhere to the minimum employment standards found in Section 4.25 and shall require all subcontractors and third-party suppliers to do the same. For purposes of sec.