5-Bonds, Subcontracter, Payments TCs.pdf

General Information Requirements

a. Other Communications. During the bid process (from the date of issue through the date of contract award or other final decision) the Purchasing Department is the sole source of official information regarding this bid. All other communications, both spoken and written, which are received by any representative of the supplier from other sources (such as employees in the using department) should be confirmed by the supplier with the buyer in Purchasing Services assigned to this bid as being true and accurate prior to incorporating such information into their response. This refers to both formal and information conversations and communications. Significant changes to the bid will always be issued as a formal, written addendum.

b. Award of Subcontracts. For each subcontract, if any, that the Supplier proposes to award, the Supplier shall specify in writing the proposed subcontractor’s name and address, and the purpose of such subcontract. Any Supplier proposing subcontracts as a part of the bid response, must explicitly state so in the proposal, and must include the above stated information for each subcontractor. Approval by the College Purchasing Department is required prior to the awarding of any subcontracts. Using a subcontract will require bonds. Pricing of the bonds are the awarded suppliers responsibility, not the College’s or the subcontractor’s. Pricing of the bid must include the price of the bond(s), and is considered part of the bid total price.

c. Assignment. Supplier shall not assign or subcontract any portion of its obligation under the Contract without the prior written consent of the College. Assignment or subcontracting shall, in no way, relieve the Supplier of any of its obligation under this order. Supplier is responsible for all payments to any assigned subcontract.

d. Remedies. The laws of the State of Utah shall apply in all disputes arising out of this bid or any resulting Contract, without application of any principles of choice of laws.

Venue for resolution of any dispute arising shall be within a Utah court of competent jurisdiction selected by Snow College.

e. Insurance. Supplier shall maintain Commercial General Liability (CGL) insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000. Supplier shall also maintain, if applicable to Supplier’s operations or performance of the Contract, Business Automobile Liability insurance covering Supplier’s owned, non-owned, and hired motor vehicles and/or Professional Liability (errors and omissions) insurance with liability limits of at least $2,000,000 per occurrence. Such insurance polices shall be endorsed to be primary and not contributing to any insurance maintained by the University.

The Supplier shall maintain all employee related insurance, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to the Contract. Supplier shall also maintain “all risk” property insurance at replacement cost applicable to Supplier’s property or its equipment.

The Supplier’s insurance carriers and policy provisions must be acceptable to the College’s Risk and Insurance Manager and remain in effect for the duration of the Contract/Project. Snow College shall be named as an additional insured on the Commercial General Liability insurance policy. Supplier will cause any of its subcontractors, who provide materials or perform services relative to this contract, to also maintain the insurance coverage and provisions listed above.

The Supplier shall submit certificates of insurance, as evidence of the above required coverage, to the College prior to the commencement of this Contract. (mail to: Snow College Purchasing Department, Attn: Michael Jorgensen (150 East College Avenue, Ephraim, Utah 84627). Such certificates shall provide the College with thirty (30) calendar days written notice prior to the cancellation or material change of the applicable coverage, as evidence by return receipt or certified mail, sent to the above address.

f. Payment and Performance Bonds. The College will make payment at the satisfaction of the project manager and the total completion of the project. Any supplier requiring money down, or using subcontractors, can be eliminated from the bid list, or they will be required to provide a performance and/or payment bonds in the amount of the bid.

Pricing of the bid must include the price of the bond(s), and is considered part of the bid total price.