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Bidders must examine all instructions, specifications, drawings, sites, and installations. Bid proposals must be on the city's form, without alterations, and include a unit price for each pay item. Bidders must be registered in EVA if the local public body is accepting electronic and paper responses, awarding to a supplier that has submitted a paper response, or posting award actions in EVA. Bidders must submit evidence of practical knowledge of the work and financial resources to complete it. Irregular bid proposals include those on forms other than the city's, with unauthorized additions, conditional or alternate pay items, or irregularities that make the proposal incomplete, indefinite, or ambiguous. Bidders must include a statement describing why they are not required to be authorized to transact business in the commonwealth. All formal bids are binding for 90 calendar days following the bid opening date. The contractor is responsible for cleanup and shall keep the premises free from waste materials or rubbish. The project manager's decisions are final and binding. Contractors must have at least one staff member on site who is literate and fluent in English. Contractors, subcontractors, and their employees must exhibit professional and workmanlike behavior. Contractors must provide a statement and list of employees certifying that they have not been convicted of a felony in the past 7 years, can qualify for voting rights reinstatement, and are not on active parole or active probation. The city may perform certain items of work. The contractor shall cooperate fully in scheduling and coordinating with the project manager. The contractor shall remedy any defects in the work within one year of final acceptance. The contractor agrees to not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The contractor agrees to provide a drug-free workplace. The contractor shall guarantee that all materials used and all work done comply with the requirements of the plans and specifications. The contractor shall indemnify the city against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses. The contractor shall not commence work until all required insurance has been obtained and approved by the city. If any person contemplating the submission of a bid is in doubt about the true meaning of any part of the invitation for bid, they should submit a written request for an interpretation. The contractor shall be limited to a specific area for storage of equipment, supplies, and building materials. The contractor shall not assign or transfer any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this contract without the written consent of the city. The contractor at all times shall observe and comply with all federal, state, and city laws, bylaws, ordinances, and regulations. The contractor agrees to indemnify and save harmless the city from all suits and actions for the use of patented appliances, products, or processes. The city may procure the commodity or services from other sources if the contractor defaults. The contractor shall secure any business or professional licenses, permits, or fees required by the city. All practices, materials, and equipment shall comply with the federal occupational safety and health act. When brand names, model numbers, trade names, catalog numbers, or cuts are listed, bidders may offer an article that is equal in quality, performance, and other essential characteristics. The city shall be the sole judge of suitability of substitutes. No proposed subcontractor shall be disapproved by the city except for cause. The contractor shall be responsible for the acts and omissions of their subcontractors. The contractor shall pay subcontractors within seven days of receiving payment from the city. The work may be suspended by the city when deemed in the best int
The contractor guarantees that all materials and work comply with the plans and specifications. All expenses for returning or replacing defective equipment are the contractor's responsibility. Any defects in the completed work that appear within 24 months of acceptance are prima facie evidence of non-compliance with specifications. The contractor must repair or reconstruct any defective work at their own expense.
Bidders must submit evidence of practical knowledge of the particular work and financial resources to complete the proposed work. Failure to carry out previous contracts satisfactorily, lack of experience, or lack of necessary equipment may lead to disqualification.
If the contractor fails to clean up at the completion of the work, the city may do so and the cost thereof shall be charged to the contractor. If the contractor fails to begin the work within the specified time, fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work in an unsatisfactory manner, or shall neglect or refuse to remove materials or perform anew such work as shall discontinue the prosecution of the work, or if the contractor shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry out the work in an acceptable manner, the city shall give notice in writing to the contractor and his surety of such failure, delay, neglect, refusal, or default, specifying the same and if the contractor, within a period of seven days after such notice, shall not proceed in accordance therewith, then the city manager acting for and on behalf of the city shall, upon receipt of a written certificate from the engineer of the fact of such failure, delay, neglect, refusal, or default and of failure of the contractor to comply with such notice, have full power and authority to declare the forfeiture of this contract, and to forfeit the rights of the contractor in this contract, and the city manager at this option may call upon the surety to complete the work in accordance with the terms of this contract or may have the city take over the terms of this contract or may have the city take over the work, including any or all materials and equipment on the ground as may be suitable and acceptable to the city and may complete the work by or on its own employees, or may enter into a new contract for the completion of the work, or may use such other methods as in the opinion of the city manager shall be required for the completion of the work in an acceptable manner. all costs and charges incurred by the city, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this contract. in case the expense so incurred by the city shall be less than the sum which would have been payable under this contract if it had been completed by the contractor and had not been forfeited by the city, then the contractor shall be entitled to receive the difference, subject to any claims of liens thereon which may have been filed with the city or any prior assignment filed with it. in case such expense shall exceed the sum which would have been payable under this contract, the contractor and the surety shall be liable and shall pay the city the amount of such excess.
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