Western Michigan University
OP-17: Guidelines for Business Partners

- Working Conditions: All work shall be done in accordance with all regulations governing the contractor and the University including MIOSHA, EPA, and MDNRE standards/regulations and any local laws or ordinances, with minimum possible interference with proper functions of the University. In particular, all jobs requiring entry into a University designated confined space will require the Contractor to have a Confined Space Entry Program and the appropriate equipment. Any Contractor whose employees may be exposed to an unintended release of energy whether mechanical or electrical shall have a Lockout Program. The University Confined Space and Lockout Policies are available for viewing, although each Contractor’s program should be tailored to the individual Contractor’s work. Materials, tools, etc. shall be limited to those essential so as to not unduly encumber the premises. Each bidder shall be held to have visited the site and checked with the University’s Representative, the working conditions and the methods of carrying out the work and to have included in bidders proposal all costs for meeting such working conditions. - The Contractor shall take all necessary precautions for the safety of employees and shall comply with all applicable provisions of Federal, State and municipal safety/health laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being preformed. Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against the hazards created by such features of construction. Contractor shall designate a responsible member of their staff to coordinate the project. The person designated the team leader for this project shall be reported to the Architectural Engineer. - No work connected with the Contract shall be started until the Contractor has submitted evidence to the University Purchasing Department that: - The Contractor shall carry Worker’s Compensation Insurance in the amounts required by Michigan Statute upon all of its employees engaged in the work and shall be responsible to ensure that all Subcontractors maintain equal Worker’s Compensation Coverage. The Worker’s Compensation policy should also provide Employers Liability Insurance with minimum limit requirements of at least $500,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, and $500,000 Policy Limit by Disease. - Contractor is to carry Commercial General Liability Insurance with minimum limit requirements of $1 Million each occurrence, $1 Million Personal Injury and Advertising Injury, $1 Million Products and Completed Operations Aggregate and $1 Million General Aggregate. Coverage should include Premises and Operations, Products and complete Operation, Blanket Contractual and Broad Form Property Damage Liability. - The Contractor shall carry Automobile Liability insurance with minimum limit requirements of $1 Million each accident. All of this insurance shall be maintained during the life of this order and/or Contract. Western Michigan University shall be endorsed as an additional insured to the Commercial General Liability policy. - Contractor shall advise their carrier to provide a certificate of insurance for this insurance coverage to the University Purchasing Department, and this certificate of insurance shall contain a provision that will provide a 60-day written notice in the event of major policy change, cancellation or non-renewal. Words modifying the cancellation clause such as “endeavor to provide notice” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company” are unacceptable. - The Contractor further agrees to indemnify, save and hold harmless the University, its employees or agents, President and Board of Trustees from any and all suits, claims, liability, damages, loss, cost and expenses of every kind of nature, including attorney fees, which may be asserted against the University, employees or agents, President or Board of Trustees by another or others resulting from the performance of the work herein described. - Non-Discrimination: The parties agree that in the performance of any Contract they shall not discriminate in any manner on the basis of race, creed, color, national origin, age, religion, sex, sexual orientation, marital status or handicap protected by law. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. By submitting a proposal, vendors certify that they will conform to the provisions of the Federal Civil Rights Action of 1964, as amended. - Sanitary Arrangements: Contractor shall provide suitable sanitary facilities for the use of all workers. These facilities will be kept in a sanitary condition in accordance with local regulations. - Minority/Female Project Participation: Western Michigan University is firmly committed to the principle of nondiscrimination and Affirmative Action. University Purchasing policy is to actively pursue and promote opportunities for minority/female Vendors and Contractors to furnish the University with goods and services. Therefore, minority and female General Contractors /Subcontractors are encouraged to be part of this project and should be sought out and included in this bid proposal. - Michigan Workers: Pursuant to 1979 PA 194, fifty percent (50%) of persons working on this project and employed by prime Contractor or his Subcontractor shall have been residents of the State of Michigan for not less than 1 year before beginning work. Fifty percent (50%) requirement shall be reduced to extent that Michigan residents are not available. This requirement will not be operative or shall be reduced to extent necessary to comply with federal law or regulation concerning federal funds used for project. This requirement shall not apply to employers who are signatories to collective bargaining agreements, which allow for portability of employees on interstate basis. Failure to comply with this requirement shall be considered material breach. - Unfair Labor Practice: Public Act No. 278 of 1980 prohibits State of Michigan from awarding Contract or Subcontract to employer who has been found in contempt of court by Federal Court of Appeals, on not less than three (3) occasions involving different violations during preceding seven (7) years, for failure to correct unfair labor practice as prohibited by Section 8 of Chapter 372 of National Labor Relations Act, 29 U.S.C. 158. Employer who has Contract with State of Michigan may not in relation to that Contract subcontract with such employer. State of Michigan may rescind contract if name of employer or name of Subcontractor, manufacturer, or supplier of employer subsequently appears in register of such employers which will be compiled by Michigan’s Department of Labor, pursuant to Section 2 of manufacturer, or supplier of employer subsequently appears in register of such employers which will be compiled by Michigan’s Department of Labor, pursuant to Section 2 of Public Act No. 278 of 1980. - Prevailing Wage and Fringe Benefits: For this project, the University requires that the rates of wages and fringe benefits to be paid to each class of mechanics by the bidder and all of his/her subcontractors, shall be not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be performed. Contractor shall be required to 1) collect all certified payroll records from Contractor and subcontractors and sub-subcontractors; 2) provide and require subcontractors and sub-subcontractors to provide the University access to supporting documentation, and 3) shall provide this information, records, and/or access to documentation* to the University promptly on request. A record of all prevailing wage and fringe benefit rates prescribed in this contract and an accurate record showing the name and occupation of, and the actual wages and benefits paid to each construction mechanic in connection with this contract shall be maintained by the contractor at all times and available to the University to inspect upon request. All apprentices utilized on this University project must be registered in a recognized apprentice program, i.e., one that is certified by the Bureau of Apprenticeship (BAT), U.S. Department of Labor. The University reserves the right to audit all contractors, subcontractors, and sub-subcontractors for compliance with wage and hour requirements, prevailing wage, employee classifications, etc. Contractors shall, and shall also require all subcontractors and sub-subcontractors to, promptly provide information relating to payroll and job classification and work duties to University upon request. If the requested information and/or records are not promptly provided pursuant to University’s request, in addition to all other rights and remedies it has pursuant to law, equity and contract, the University, by written notice to Contractor and the sureties of the contractor known to the University may, but has no obligation or duty to, 1) terminate the contract with Contractor and University owe Contractor and be liable only for that prorated portion of satisfactorily completed work up to the dated of termination; 2) withhold further payments owed until Contractor supplies the requested information and records and/or otherwise complies with the request for records and/or access to documentation; and 3) inform the Vice President for Business and Finance of what has been requested and what has not been provided by Contractor and/or subcontractor or sub-subcontractor. Contractor is hereby given express notice that failure to comply with University’s requests for information and records may disqualify Contractor and/or non-complying subcontractors/sub-subcontractors from bidding and/or receiving work on future University projects. The University may proceed to complete this contract by separate agreement with another contractor or otherwise and the original contractor and contractor’s sureties shall be liable to the University for any excess cost occasioned thereby. It is expressly understood by both parties that the above are supplemental all of University’s other rights and remedies, and University retains all other rights and remedies it has pursuant to this contract, or otherwise, to enforce its rights to require that prevailing wages and fringe benefits be paid for the construction work on this project, but the University shall have no duty or contractual obligation to enforce these provisions. Contractor agrees that it shall be solely responsible for ensuring that these requirements are met and shall handle and defend all complaints or claims regarding wage payments to construction mechanics without assistance or involvement of the University. Contractor shall permit its employees and workers, and its subcontractors and sub-subcontractors and their employees and workers, to discuss payment and work duty information with University staff, but otherwise Contractor shall continually prohibit its employees and workers, and all subcontractors and sub-subcontractors and their employees and workers, from directing or making any claims or complaints regarding the payment of wages to any employee or official of the University, and shall indemnify and reimburse University for all expenses and fees, including attorney fees, which it incurs for defending or representing itself against such claims or complaints.