Additional Instructions

Brand Names
Wherever in the specifications or proposal form brand names, trade names, manufacturer, or catalog numbers are called, it is for establishing a grade or quality level only and the phrase “or equal” is deemed to follow unless a pre-qualified list or the term “only”, “no exceptions”, or similar phrase is included.

Taxes
The City of Midland is exempt from State and Federal Taxes. However, property purchased by a contractor to be used in the construction, alteration, repair, or improvement of property owned by the City is taxable to the contractor. Therefore, the price bid for contracts other than construction contracts must be exclusive of taxes and will be so construed. Construction contracts will be construed to include all applicable taxes unless the contract specifies otherwise.

Acceptance of Bids
The City will award to the lowest, responsive, responsible vendor that meets the functional requirements and needs expressed by the specifications. Tie bids will be awarded based on the most favorable terms for payment and/or delivery schedule or other costs associated with the award process. Receipt of a purchase order or properly executed contract covering the materials or services as described in the bid will indicate the award of bid and contract of purchase.

City’s Rights
The City reserves the right to accept or reject any or all bids, to waive irregularities or defects, to award on a split-order or lump-sum basis, and accept other than the low bid when deemed to be in the City’s best interests.

Delivery
Bids shall include all delivery charges with terms of Freight Prepay - Free On Board (FOB) Midland, MI.

Laws
The laws of the State of Michigan shall govern the rights, obligations, and remedies of the Parties under this bid and any agreement reached through this process. The City of Midland is a Michigan municipal corporation.

Disclosure
All of the information included in your bid response is subject to the “Freedom of Information Act” and may be disclosed in its entirety after the formal, public bid opening has been completed.

Independent Price Determination
By submission of this proposal, the bidder certifies that the pricing structure offered has been arrived at independently without consultation, communication, or agreement of such prices for the purpose of restricting competition with any other bidder or competitor.

Acceptance of Materials
All components used in the manufacture or construction of materials, supplies, and equipment, and all finished goods, shall be new, the latest make / model, of the best quality, and highest grade workmanship. In the event the delivered material is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the bidder and return the materials to the bidder at the bidder’s expense.