Madison Metropolitan School District
Board of Education Policies and Procedures

POLICY	CONSTRUCTION & REPAIR OF BUILDINGS	5000 Contracts & Bids

Construction and Repair of Buildings

1. Contracts:
   1. The BOARD shall let building construction, renovation, alteration and repair contracts, the estimated cost of which shall exceed $15,000, to the lowest responsible bidders.
   2. If a building construction or repair contract exceeds $200,000 and bids are submitted under paragraph a. above, the following criteria shall also apply:
      1. In determining who is the lowest responsible bidder, only those contractors that meet the following criteria will be considered:
         1. For projects that are bid by a "general contractor," meaning that the project covers more than one trade area, the general contractor must have participated in an apprenticeship program as defined in Chapter 106 of the Wisconsin State Statutes within the last two years prior to submitting a bid to the School District. For this purpose, the term "participates" shall mean the contractor has actively employed apprentices within the last two years.
         2. The contractor has not violated state prevailing wage laws within the last two years.
      2. In accordance with paragraph 1(d) under the procedures set forth in this Policy, whenever possible, the preference of the BOARD shall be to select contractors that are signatory with one or more local labor organizations and/or local contractors.
2. Work done to protect the Public Health and Welfare or work done under exigent circumstances:
   1. The provisions of 1.a. above are not mandatory for the repair and reconstruction of public facilities if
      1. The public health or welfare is in potential or imminent danger; or
      2. Exigent circumstances exist.
   2. Work done under 2.a. must have BOARD approval prior to, if possible, or subsequent to, the work being done.
3. Work done directly:
   1. All construction may be done directly by the BOARD without submitting the same for bids.

1/13/03

PROCEDURE	CONSTRUCTION & REPAIR OF BUILDINGS	5000 Contracts & Bids

Construction and Repair of Buildings

1. Contracts for construction and repair of buildings shall include the following:
   1. Bids shall be advertised in the official publication on two separate days.
   2. No bid shall be received unless accompanied by a bid bond or certified check equal to at least 5% but not more than 10% of the bid, and the contract must be accompanied by a performance bond.
   3. The authority to reject any and/or all bids for any reason shall exist on all projects.
   4. Subject to paragraph 1 c. above, for contracts that exceed $200,000, the BOARD shall award the bid to the lowest and most responsible bidder except in cases in which the lowest and most responsible bidder is a non-union and non-local contractor.

      In such cases, union and/or local contractors who have submitted a bid within 5% of the low bid shall be given the opportunity to match the low bid of the non-union and non-local contractor. If the union and/or local contractor matches the low bid of the non-union and non-local contractor, the union and/or local contractor shall be awarded the bid.

      If the low bidder is both non-union and non-local and more than one union or local contractor matches the bid, the contract shall then be awarded in the following priority order:

      1 - to the contractor that is both union and local
      2 - to the contractor that is local and non-union
      3 - to the contractor that is union and non-local

      If there is a tie under this procedure because more than one contractor is at the highest priority level, then the award will be resolved by lottery.

      Local shall mean a contractor whose main office is within the borders of the Madison Metropolitan School District. Union shall mean a contractor that is signatory with one or more local labor organizations.

   5. All warranty/guarantees shall be in compliance with industry standards. (General Conditions of the Contract for Construction - AIA201).
   6. Bidder's Proof of Responsibility shall be required.
   7. Bids may be separated into any of the following areas: general contract, plumbing, heating and ventilating, and electrical or as determined in the best interest of the School District. However, contracts will not be separated to solely avoid the requirements of 1 b. under the Policy.
   8. Bidder's Certificate shall be required.
   9. Minimum wage rates shall be paid in accordance with s. 66.0903.
   10. In addition to the above, the following are covered in s. 62.15 and s. 66.0901, and if the need arises, they should be checked and used as a guide:
       1. Escalator clauses: s. 62.15(1)(a);
       2. Increased Quantity clauses: s. 62.15(1)(c);
       3. Substantial Compliance: s. 62.15(4)(m);
       4. Sureties, Justification: s. 62.15(4);
       5. Rejection of Bids: s. 62.15(5) and s. 66.0901(4);
       6. Patented Material or Process: s. 62.15(7);
       7. Alternative Plans: s. 62.15(8);
       8. Estimates, Deposits: s. 62.15(10);
       9. Default, Completion: s. 62.15(10);
       10. Proof of Responsibility, Condition Precedent: s. 66.0901(3);
       11. Corrections of Errors in Bids: s. 66.0901(5);
       12. Settlement of Disputes, Defaults: s. 66.0901(8).

1/13/03

Last Updated: Tue Oct 4 08:25:34 2005
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