Contractors will strictly comply with all applicable federal and state laws, rules, codes, and regulations including the Contractor's Terms and Conditions outlined here.
01 00 00 - GENERAL REQUIREMENTS
1.1. INSTRUCTION TO BIDDERS
1.1.1. PREPARATION OF PROPOSALS: All proposals shall include supplying all materials,
equipment, and labor, and shall be submitted on the attached proposal form. The forms
are to be filled out in ink or typewritten, with the bidder's authorized agent's signature
in longhand. Each proposal shall be delivered in an opaque sealed envelope marked
with the project name, Bid No., and bidders name.
1.1.2. BID FORM: No telephonic, telegraphic or digital facsimile (FAX) bid or telephonic,
telegraphic or digital facsimile (FAX) modification of a bid will be considered. No
bids received after the time fixed for receiving them will be considered. Late bids
will be filed unopened.
1.1.3. BID GUARANTEE: Each proposal for which the base bid exceeds $50,000.00 shall
be accompanied by either a certified or cashier's check on an open, solvent bank or
a bid bond with an authorized surety company in the amount of 5% of the base bid,
payable to Michigan Technological University, as a guarantee of good faith. If the
successful bidder fails to furnish satisfactory bonds and insurance as required by
the General Conditions within 7 days after notice of award, such guarantee shall be
forfeited to the Owner as liquidated damages and the Owner shall be entitled at its
sole option to immediately cancel, revoke, withdraw, or rescind its award. The guarantees
of the three lowest bidders will be retained until the bond and insurance of the Contractor
have been approved by the University. The guarantees of all other bidders will be
returned within 10 days after the bid opening.
1.1.4. REJECTION OR WITHDRAWAL: The Owner reserves the right to accept or reject any
or all proposals, in whole or in part, and also herein reserves the right to waive
any informalities or irregularities in any or all proposals and to make such award
as it deems, in its sole discretion, to be in the best interest of the Owner. No bid
may be withdrawn within 60 days after opening date without forfeiting bid security.
1.1.5. CONTRACT: Upon acceptance of any proposal by the Owner, a purchase order will
be issued incorporating the accepted proposal and upon the Contractor furnishing satisfactory
proof of compliance with all bond and insurance requirements will constitute the Contract.
The Contract shall not be binding upon the Owner until the Contractor has furnished
the Owner's Facilities Management Department satisfactory certification of compliance
with the insurance and bond requirements under General Conditions and the Owner may
withdraw or cancel its purchase order at any time prior to receipt of all such certifications.
1.1.6. TAXES: The Contractor shall include all applicable Michigan sales and use taxes
currently imposed by Legislative enactment and as administered by the Michigan Department
of Treasury, all applicable local or state permit, license or inspection fees, and
all Federal taxes or fees applicable, and no additional payment over and above the
bid amount shall be allowed for the same.
1.2. GENERAL CONDITIONS
1.2.1. DEFINITIONS
UNIVERSITY OR OWNER - Michigan Technological University
ASSOCIATE VICE PRESIDENT FOR FACILITIES MANAGEMENT – Gregg Richards
DIRECTOR OF PLANNING AND CONSTRUCTION - Lisa Wrate-Mahrley
CONTRACTOR - The Bidder whose proposal is accepted by the University.
CONTRACT DOCUMENTS - This document, a purchase order, drawings, and specifications.
1.2.2. CONFLICT AND OMISSIONS: The intent of the Contract Documents is to provide
everything necessary for the proper execution of the work. In case of conflict among
or ambiguity in the Contract Documents the Contractor shall immediately notify the
Director of Engineering Services and the work shall not proceed until a decision has
been agreed upon by all parties concerned. Any adjustment or interpretation by the
Contractor without such agreement shall be at his own risk and expense. No work stoppage
by the Contractor will extend the time for completion.
1.2.3. ROYALTIES, PATENTS, NOTICES, AND FEES: The Contractor shall give all notices
and pay all royalties and fees, shall defend all suits or claims for infringement
of any patent rights and shall save the Owner harmless from loss on account thereof,
and shall comply with all laws, ordinances, and codes applicable to any portion of
the work.
1.2.4. EXAMINATION OF PREMISES: The Contractor shall become familiar with local and
on-site conditions affecting the job and the cost thereof, shall take independent
measurements and make an examination and determination of all physical conditions
affecting the work, and be responsible for the correctness of same even if they differ
from those anticipated or indicated in the Contract. The Contractor shall be held
to have made such examinations prior to bid submission and no allowances will be made
in his behalf nor will any additional expenses be recoverable by reason of any error,
omission, or misunderstanding on the part of the Contractor even if such actual conditions
differ from those anticipated or indicated in the Contract. If any part of the Contractor's
work depends for proper results upon existing work or the work of another contractor
the Contractor shall examine such work and notify, before commencing work, the Director
of Engineering Services of all defects or conditions that will affect the results.
Failure to so notify will constitute acceptance of the conditions and render the Contractor
responsible and liable for the results of any such defects or conditions which would
have been revealed by complete examination and testing.
1.2.5. MOVING MATERIALS: If at any time it becomes necessary for the operation of
the University to move materials temporarily located which are to enter into the final
construction the Contractor furnishing the material shall, when so directed and without
expense to the Owner, move them to another location.
1.2.6. MATERIALS AND WORKMANSHIP: All materials and workmanship shall be first-class
in every respect and, unless otherwise specified, all materials and equipment shall
be new and of the latest design. Should any disputes arise as to the quality and fitness
of workmanship, equipment, materials or items, the decisions shall rest strictly with
the University, and shall be based upon the requirements of the Contract Documents.
The Contractor shall, if requested by the University, furnish evidence as to kind
and quality of materials, at no additional cost to the University.
1.2.7. EMPLOYEES AND SUPERINTENDENCE: The Contractor shall enforce good order among
his employees and shall not employ on the work any negligent, disorderly, intemperate
or unfit person, or anyone not skilled in the work assigned. All work shall be performed
in a skillful and workmanlike manner. The Contractor, or an authorized representative,
shall be at the site at all times, and shall have the plans and specifications available.