Special Proposal Conditions
Revision 006 May 15, 2013
- SPC-1 SCOPE:
- (a) Official Names:
- The terms University, or Owner, or UTC, shall be interpreted to mean The University of Tennessee at Chattanooga. Any of these names may be used interchangeably and synonymously throughout these documents. The terms Successful Proposer, or Contractor, or Seller, or Vendor, shall be interpreted to mean the contracting party with whom the University has executed any resulting contract/award/order.
- (b) Extent:
- The University proposes to purchase from the proposer, for the University's use, the requirements or products or materials or services set forth on the proposal form in accordance with applicable proposal documents which are attached, referenced, and/or made a part hereof.
- SPC-2 PROPOSAL SUBMISSION:
- The envelope in which the proposal is submitted, must be identified as follows: Proposer's
name and address shall appear on the outside of the envelope along with the RFP collective
number and any contractor licensing information required by the RFP.
HAND DELIVER PROPOSALS TO:
The University of Tennessee at Chattanooga
103 Administrative Services Bld.
400 Palmetto St.
Chattanooga, TN 37403
MAIL PROPOSALS TO:
The University of Tennessee at Chattanooga
615 McCallie Avenue
Chattanooga, TN 37403
Sealed Proposals must be received at UTC's Purchasing Department prior to proposal closing time. Sealed proposal openings shall be public, on the date and at the time specified on the proposal form. It is the proposer's responsibility to assure that the written proposal is delivered at the proper time and place of the proposal opening. Proposals which, for any reason, are not so delivered, will be rejected.
- EMERGENCY PROPOSAL:
- Upon occasion, the University may request emergency Requests for Proposals. Proposers are requested to call UTC's Purchasing Department (423 425-4461) and provide their verbal proposal(s) or fax their proposal (423 425-5332) prior to and not later than the time stipulated on the proposal form. All verbal proposals must be confirmed in writing on the University's Proposal Form and sent to the Purchasing Department immediately after submission of the proposer's verbal proposal.
- SPC-3 PROPOSAL COMPLIANCE:
- The proposer is cautioned that unless otherwise clearly stipulated in the proposal, it will be assumed that the proposer's offer is in strict accordance with the University's specifications, and the proposer will be required to comply strictly therewith on any resulting order. Any deviations whatever must be fully itemized in detail on the proposal form or in a letter accompanying the proposal. Generalized statements to avoid complying with this requirement in full and in detail will not be acceptable to the University; such statements, if tendered, may be considered non-responsive to the University's Request for Proposals and subject to rejection.
- SPC-4 ACKNOWLEDGMENT OF ADDENDUM:
- In the event that an addendum or bulletin or a supplemental drawing(s) is issued, the proposer must acknowledge receipt of same in his proposal.
- SPC-5 AWARD:
- The University reserves the right either: (1) to award all items on an "ALL OR NONE" basis or (2) to award each item "INDIVIDUALLY", or (3) to award all schedules on an "ALL OR NONE" basis, or (4) to award each schedule "INDIVIDUALLY", or (5) to combine schedules or family-type items, when such an award arrangement(s) is more advantageous to the University and/or if such award(s) acts in the best interest(s) of the University. Further, the University reserves the right to award any item or items to other than a low proposer in instances when the award(s) to the low proposer is not advantageous to the University, does not serve the University's best interest and/or if such an award is not deemed economically feasible for the University. The University shall be the sole judge in determining which offer best meets these conditions and its decision shall be final.
- SPC-6 ALL OR NONE PROVISION:
- It shall be the proposer's responsibility to state plainly on the proposal that the proposer's offer is based on receiving the entire order on an "ALL OR NONE" basis if such is proposer's intent. If there is no indication to this effect, the University will presume there is none intended, and make awards in accordance with the University's award provision as stipulated in the AWARD section of these SPC's.
- SPC-7 CONFLICT OF CONDITIONS:
- In the event that there are any conflicts between the General Proposal Conditions and the Special Proposal Conditions, the Special Proposal Conditions shall take precedence.
- SPC-8 EXAMINATION OF PREMISES: (If applicable)
- Each proposer shall be responsible for personally inspecting the site of the proposed
work to arrive at a clear understanding of the conditions under which the work is
to be done in order to understand fully the facilities, difficulties and restrictions
attending the execution of the work requirement(s).
Each proposer shall thoroughly examine and be familiar with the specifications. The failure of any proposer to receive or examine any documents or to visit the site and acquaint himself with conditions there existing shall in no way relieve any proposer from any obligation with respect to his proposal.
Site Examination: The site may be examined by contacting the University's technical contact cited on the proposal form.
By submitting a proposal, the proposer agrees and warrants that the proposer has examined the site and determined that the specifications are adequate to produce the desired result. No claims for any extra compensation will be allowed for any reason in the production of the result specified or shown because of inadequate or improper specifications. The Contractor shall furnish any and all extras and make any changes needed to produce the required result to the satisfaction of UTC.
- SPC-9 SUBSTITUTIONS/ALTERNATES:
- When offering substitutes, please so indicate. Give complete specifications and submit catalog information to identify completely the item you propose to furnish. Alternates will be considered, unless specifically disallowed by the University, provided they are completely described and identified by trade name, and are supported by catalogs, or descriptive literature.
- SPC-10 F.O.B. POINT:
- All prices quoted are to F.O.B. destination/delivered to The University of Tennessee
at Chattanooga, Chattanooga, Tennessee (unless another F.O.B. point is stated by the
University on the proposal form). The successful proposer must assume all responsibility
for damage in transit.
If exceptions are taken, the proposer shall state in the space provided the applicable F.O.B. point(s), and shall list pertinent weights and any other particulars; otherwise, the University will presume all prices quoted to be F.O.B. destination (inside delivery or specified site). If it is determined that the University's personnel shall be required to complete a delivery from F.O.B. destination (campus or sidewalk delivery) to F.O.B. destination (inside delivery or specified site), same shall be considered by the University in its proposal evaluations and findings. If a carrier fails to accomplish a quoted F.O.B. destination (inside delivery or specified site), the University reserves the right to implement whatever corrective action is necessary to accomplish the delivery, and shall bill the Vendor for such additional charges as might be incurred by the University in effecting the "inside" or "specified site" delivery. The University shall evaluate both of the F.O.B. destination offers and select that offer from proposals received which represents its best interests. F.O.B. destination (campus or sidewalk delivery) offers will be adjusted and equated by UTC with F.O.B. destination (inside delivery or specified site) offers.
- SPC-11 GUARANTEE/WARRANTY:
- (a) Applicable for Construction or Alteration Contracts:
- Neither the final certificate of payment, nor any provision in the contract documents, which provides for partial use of the produced or fabricated or installed system/building by the University shall constitute an acceptance by the University thereof if same is not in accordance with the contract documents, nor shall same relieve the contractor of liability in respect to any express warranties of responsibility for faulty materials or workmanship. The contractor shall promptly remedy any defects without cost to the University which shall appear within a period of one (1) year from date of final completion and/or manufacturer's warranty whichever of these guarantees is the greater. The University will give notice of observed defects with reasonable promptness.
- (b) Applicable for Standard Requirements:
- Each proposer is requested to attach to the proposal a detailed statement of warranty or guarantee. The statement must include the period of time involved as well as the specific details of the warranty. In the absence of such submission, the University shall presume that a minimum ninety (90) day warranty period, from the date ordered items are delivered, shall apply. No statement contained on forms offered by a proposer may constitute a waiver of the implied warranty of merchantability or fitness for a particular purpose or any other implied warranty, or remedy as may be provided by law.
- SPC-12 CONTRACT SERVICES INSURANCE REQUIREMENTS:
- CERTIFICATE OF INSURANCE- The successful proposer shall file with the Purchasing Department
of The University of Tennessee at Chattanooga, prior to commencing work, an appropriate
certificate of insurance, in duplicate, evidencing compliance with the insurance requirements
cited below and/or as contained in the bid specifications. Each policy shall contain
a requirement that, in the event of change or cancellation, twenty (20) days prior
written notice must be sent by mail to the Purchasing Department of The University
of Tennessee at Chattanooga, Chattanooga, Tennessee 37403. Each shall contain a provision
waiving any right of subrogation against The University of Tennessee at Chattanooga
which might arise by reason of any payment under the policies. Insurance must be equal
to or greater than the state of Tennessee minimums.
ADDITIONAL INSURED- The certificate of insurance shall name the University of Tennessee as an additional insured under the required policies of liability insurance set forth in the insurance requirements of the specifications.
INSURANCE REQUIREMENT- The successful proposer who provides products and services must have the following insurance coverage:
- Workers compensation and industrial diseases insurance in the statutory amounts, and employer's liability in the amount of $500,000.
- General liability insurance or comprehensive general liability insurance, including contractual liability, products/completed operation, and contractor's broad form liability in an amount equal to $1,000,000 combined single limits of liability.
- Automobile liability insurance, including non-owned and hired automobiles, in an amount equal to $500,000 combined single limits of liability. In the event the university is soliciting bids for chartered ground transportation services for vehicles with the capacity of 16 or more passengers, the university will require automobile liability insurance, including non-owned and hired automobiles, in an amount equal to $5,000,000 combined single limits of liability.
- Insurance policies shall be written by insurers acceptable to the University of Tennessee. The certificate of insurance shall indicate whether the policies of insurance are written on a claims-made or on an occurrence basis.
- SPC-13 INTERPRETATION OF CONTRACT SPECIFICATIONS:
- No oral interpretation will be made to any proposer as to the meaning of the specification.
Every request for such interpretation by proposer shall be made in writing and addressed
and forwarded to the Purchasing Department, The University of Tennessee at Chattanooga.
Every interpretation made to any proposer shall be in the form of an "addendum" to the Request for Proposals which will be sent as promptly as is practicable to all proposers to whom the Request for Proposals has been issued. Failure by the University to send or any proposer to receive such interpretation(s) shall not relieve any proposer from any obligations under the proposal as submitted. The University will not be responsible for any other explanation or interpretation of specifications.
- SPC-14 LABOR:
- All labor shall be performed by mechanics skilled in their respective trades, and the work shall be performed in the best and most workman-like manner. The standard of the work throughout shall be first-class. The University reserves the right to request the successful proposer to remove from the University's work requirements such employee or employees whom the University deems unskilled, incompetent, careless, insubordinate, or otherwise unacceptable.
- SPC-15 LICENSE OR ROYALTY FEES:
- Any license and/or Royalty Fees for the use of a process which is authorized by the University must be reasonable and paid to the holder of patent, or the authorized licensee, directly by the University and not by or through the contractor. If the successful contractor uses any design, device or materials covered by letters, patent or copyright, the contractor shall provide for such use by suitable agreement with the University of such patented or copyrighted design, device, or material. It is mutually agreed and understood without exception that the contract price(s) shall include all royalties or costs arising from the use of such design, device, or material which in any way are involved in the work. The contractor and/or the contractor's sureties shall indemnify and save harmless the University from any and all claims for infringement by reason of the use of such patented or copyrighted design, device, or materials or any trade mark(s) or copyright(s) in connection with work agreed to be performed under this contract, and the contractor shall indemnify the University for any cost, expense or damage the University may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.
- SPC-16 MATERIALS:
- All materials/equipment/commodities to be furnished under any resulting order shall be new and unused unless otherwise specified. They shall be of the best quality obtainable of the various kinds. Any materials/equipment/commodities found to be defective, or not complying with the terms of the contract will be rejected by the University and necessary remedial action will be taken.
- SPC-17 MEASUREMENTS:(If applicable)
- The successful Proposer/Contractor/Vendor shall be responsible for all measurements and shall be held responsible for ordering and supplying the correct sizes of equipment, commodities and related items to assure appropriate and adequate performance per the University's specifications/requirements.
- SPC-18 "OR EQUAL" CLAUSE:(Specifications and Standards)
- Unless otherwise stated, all of the items on this Request for Proposals are to be
as specified or approved equal. When an item is named, it is intended to set the standard
for such material or article.
The burden of proof shall rest with the proposer to prove that any proposed substitute is equal to the material or article specified. The specification(s) referenced and listed in the RFQ represents the quality of the product the University finds acceptable; however, the use of this specification(s) by the University is not intended to infer, nor to represent that this specification(s) shall prevail in product evaluation nor that strict adherence to all parameters of this specification(s) shall be required of the proposer(s). The University will consider all offers since some of the referenced, or specified parameters may be deemed proprietary in nature or concept by the proposer. In areas where the referenced specification(s) is deemed restrictive or proprietary by the proposer(s) quoting competing products, the proposer shall so note and shall detail the manner and technique his product is able to conform to and/or meet the specific need of the specified item. Any materials, articles, or equipment produced by manufacturers other than that specified, or substitutions in makes or brands or trade names, which will perform the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed is, in the opinion of the University, of equal substance and function. The proposer is cautioned that, unless otherwise stipulated in the proposal, it will be assumed that the proposal is in strict accordance with the specification(s), and proposer will be required to comply strictly therewith. Any deviation(s) whatever from the specification(s) must be fully set forth and itemized in detail in the proposal or in a letter accompanying the proposal. Generalized statements to avoid complying with this requirement in full detail will not be acceptable. The University shall be the sole judge in determining equivalence of product, and the University's decision shall be final.
- SPC-19 PAYMENTS AND INVOICING:
- Payment to the vendor will be processed upon submission to the University of properly certified invoices at the prices stipulated on the order less deductions, if any, after ordered items are delivered and accepted. All invoices shall bear the purchase order number. Invoicing at variance with this provision will not be paid by the University until corrected.
- SPC-20 RESPONSIVE CLAUSE:
- The proposer's offer must be thorough, complete, and must provide the University all of the specific information sought to be considered in compliance with, in conformance with, and responsive to this Request for Proposal. If unable to meet this condition, proposer must explain or clarify in the proposal, or in an accompanying letter of explanation the inability to do so. Full information is needed by the University to evaluate proposals equitably. The compliance or non-compliance with this proposal condition may have a bearing on and be a factor in the University's award or in the disposition of a non-conforming, non-responsive offer.
- SPC-21 PERMITS:
- The successful Proposer/Contractor/Vendor shall obtain and pay for any applicable permits, state, sales or federal excise taxes, or license costs required by the City of Chattanooga, Hamilton County, and/or those required by the state of Tennessee for performance of subject job, and the Contractor shall give all legal notices and pay all fees required for the work if applicable.
- SPC-22 PERSONNEL SUPERVISION:
- It shall be understood that the work required under this contract shall be under the supervision of a properly qualified representative of the successful Proposer/Contractor/Vendor.
- SPC-23 PREVIOUS EXPERIENCE:
- Each proposer shall submit with the proposal, a statement of previous experience with work of the nature and magnitude of this project. This statement shall be explicit in detailing: (a) the extent of comparable jobs performed; (b) the names or location of at least three (3) comparable projects constructed in the last five (5) years; (c) the approximate cost of each; and (d) the applicable contacts (names) and telephone numbers at completed works/project areas for the University's use in its evaluation of proposer's ability and expertise in the realm specified.
- SPC-24 PRICING OF PROPOSAL:
- (a)For Construction and Standard Requirements:
- The proposer's unit price shall include all material, labor, equipment costs and all other related costs including taxes which may be required to accomplish the project as specified, and as detailed on any accompanying and/or referenced specifications and drawings.
- (b)For Framework (Term) Contracts:
- Proposer shall quote only a unit price which corresponds to the package or container size shown in the description on the proposal form. Firm prices are requested for the contract period. If the firm price period offered by the proposer is less than the contract period, the proposer shall state in the space provided on the proposal form, the period for which prices would be firm. For the balance of the period, the proposer must establish a maximum percentage of price increase. The price resulting from such maximum percentage of increase will be used by the University for comparison and equating offers with other proposals received. If the proposer reserves the right to revise prices after the firm price period quoted, the proposer shall, in the event of an award, contact the University's Purchasing Department at least thirty (30) days prior to the effective date of any changes in price and secure the University's permission before making shipments at the revised prices. If the requested price changes are not acceptable to the University's Purchasing Department, the successful Proposer/Contractor/Vendor shall have the right to cancel the balance of the order thirty (30) days after notification of the request for price adjustment (see escalation periods cited on proposal form).
- SPC-25 PRINTING PROVISIONS:(Applies to printing requirements only)
- (a)Expediting Costs:
- If applicable to this requirement, specifics shall be detailed on proposal form.
- (b)Liquidated Damages:
- If applicable to this requirement, specifics shall be detailed on proposal form.
- Unless otherwise stated, all negatives, photos, reproductions, etc., remain or shall become the property of the University and shall be returned/released to the University upon request of the University.
- (d)Packaging and Labeling:
- Successful printer shall pack ordered items in suitable shipping cartons weighing approximately 35 pounds each. Each carton shall be properly marked with contents, quantity, purchase order number, etc.
- Proposer may be requested to submit samples of recent printing of a similar nature
to the requirements of the Request for Proposals as an indication of the quality of
printing and/or binding that would be furnished under a resulting order.
The proposer may be requested by the University to submit evidence to show that the proposer's facility is adequately equipped and manned, and that the proposer has the technical ability and the managerial expertise to produce the quality required by the University within the time required.
- (f)Printer Assistance:
- The successful printer may be required to assist the University at no additional cost to the University in matters relating to lay-out, art work, consultation, and/or to other technical matters which might arise during the printing of the University's requirement.
- Galley proofs, blue line proofs, or brown line proofs, may be required by UTC for this printing requirement. The supplier of this printing requirement shall be required to perform adequate and satisfactory checks of all proofs, and make obvious corrections prior to their submission to UTC for final approval.
- (h)Quantity (Tolerance) Variance:
- Printer "over-runs" or "under-runs" shall not exceed the stated quantity by more than plus or minus (+ or -) three (3) percent (%).
- SPC-26 PROHIBITED INTERESTS:
- No official of the University who is authorized in such capacity and on behalf of the University to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any engineering, inspection or material supply contract or any sub-contract in connection thereto with the furnishing of the equipment and/or furnishings for the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the University who is authorized in such a capacity on behalf of the University to exercise any legislative, executive, supervisory, or other similar functions in connection with the fabrication of, or any part hereof, any contract, subcontract, insurance contract, or any other contract pertaining thereto, shall become directly or indirectly interested personally in this contract or in any part hereof.
- SPC-27 PROTECTION OF WORK AND PROPERTY:
- The successful Contractor will be held responsible for any damage to the University's property caused by delivering and/or performing said work. If any damage is caused by the Contractor, the Contractor's workmen or their work, the property shall be restored to its original condition, or to the condition as shall be required by the University. Danger warnings and safety signs, where necessary, shall be erected and maintained by the Contractor at the contractor's expense.
- SPC-28 QUALIFICATION OF PROPOSERS:
- The University may require of the successful Proposer: (a) sufficient information to establish financial responsibility, (b) a statement the proposer has adequate facilities and personnel, (c) any other information which may be requested by the University that is deemed necessary to establish the successful Proposer's ability to perform specified work.
- SPC-29 REJECTION OF DEFECTIVE WORK:
- Any defective work, which in the opinion of the University cannot be accepted, shall at once be removed and replaced at the successful Proposer's expense. Non-compliance by the successful Proposer with any requirement of the contract/order constitutes a right of the University to withhold payment in whole or part.
- SPC-30 FRAMEWORK (Term) CONTRACTS:(If applicable)
- (a)Effective Term/Option for Additional Period:
- For the effective period see the proposal form. The University reserves the option to extend any resulting order for additional periods (of one (1) year each) beyond the initial period, if mutually acceptable to both contracting parties.
- (b)Estimated Quantities:
- Quantities shown are estimated yearly requirements; therefore, the University assumes no obligation to be bound to such estimated quantities. Any unused balance shall be automatically terminated at no cost to UTC at the expiration date of any resulting order.
- The successful Proposer/Contractor/Vendor shall be required to submit invoice(s) in duplicate for each shipment delivered to the University. The invoice(s) must comply fully with the requirements of the University. In addition, a monthly statement which shall show the current status of the University's account may be required by the University's Using Department. Using Departments requiring statements will provide instructions to the successful Proposer.
- (d)Pricing of Proposal: See SPC-24 (b).
- (e)Releases (Orders):
- Releases against any resulting order shall be either or both on the basis of "as ordered out" and/or by scheduled route service deposits as shall be determined after award by the University's Using Department.
- (f)Right to Terminate:
- In addition to any other rights of termination, the University reserves the right to terminate this contract upon thirty (30) days written notice if it deems the quality of the product and/or the service rendered unacceptable in meeting the University's requirements.
- Samples may be required of the apparent low proposer at no cost to UTC. The proposer(s) shall cite ability or inability to comply, by denoting same in the space provided on the proposal form.
- SPC-31 RESPONSE TIME:
- Proposer shall state, in the proposal, the estimated response time or delivery capability when such is requested in the University's Request for Proposals.
- SPC-32 SERVICING:
- When equipment is named, proposer shall be required to provide local servicing and/or to indicate servicing capabilities when applicable after warranty period. Proposal shall be specific as local servicing capabilities may be a basis for award.
- SPC-33 SUPERVISION OF INSTALLATION OF EQUIPMENT:
- It shall be understood that the delivery and installation of any named equipment at the University shall be under the supervision of a properly qualified representative of the successful Proposer.
- SPC-34 TECHNICAL CONTACT:
- All technical questions pertinent to this Request for Proposals shall be directed to UTC's technical contact for resolution/clarification. If no technical contact is named, questions shall be directed to the Purchasing Department for resolution/clarification.
- SPC-35 TRADE/QUANTITY DISCOUNTS:
- Trade or Quantity Discount(s), other than cash (time payment) discounts, must be shown on the face of the proposal opposite the item to which it applies. Cash discounts shall be stated by proposer on the front page of the University's RFQ.
- SPC-36 TERMINATION FOR BREACH:
- In the event that any of the provision(s) of a resulting order is violated by the successful Proposer, the University may serve written notice upon the successful Proposer of the intention to terminate the order. The notice(s) shall contain the reason(s) for the intention to terminate. If within ten (10) days after the serving of the notice upon the successful Proposer, the violation(s) has not been corrected or a satisfactory arrangement for correction has not been made, the order shall cease and terminate.
- SPC-37 WORK AREA MODIFICATIONS AND RESTORATION TO ORIGINAL CONDITION:
- Any site or facilities modification required by the Contractor in the performance
of any work assigned by UTC shall be brought to the attention of the University prior
to the Contractor's implementing said modification(s). Such modification(s) shall
be permitted upon UTC's approval. The University's property, site or equipment, must
be restored to its original condition or to a condition that is acceptable to the
University by the Contractor at the Contractor's expense.
Any repairs to adjacent equipment at the work site area, as well, shall be performed by Contractor at Contractor's expense. Any necessary cutting, patching or painting shall be a part of these requirements. The best quality of material approved by UTC, shall be used in required repairs, and workmanship shall be performed in a first class, craftsman-like manner.
- SPC-38 WORK SCHEDULES (Delivery Requirements):
- Unless otherwise specified, the successful Proposer/Contractor/Vendor shall commence work within the number of days stated on the proposal form after receipt of written notice to proceed with the work. Work shall be performed Monday through Friday between the hours of 8:00 a.m. - 5:00 p.m., except for holidays unless otherwise specified or approved by the University. It is understood and agreed that in the performance of this contract, accomplishment of the work, in a sequence and at a rate which will reasonably assure completion within the specified or stated time, is of the utmost importance. Therefore, the successful contractor shall employ an ample force of properly experienced persons and shall provide a construction plant properly adapted to the work of sufficient capacity and efficiency, to accomplish the work in a safe and workmanlike manner within the time specified for completion. Should the contractor fail to maintain a rate of progress which, in the opinion of the University, will provide for completion within the specified time, the University may require: (a) that additional persons and/or "plant" be placed on the job, (b) hours of work be increased, or (c) such other steps be taken as deemed necessary by the University for the progress of the work to be brought up to schedule and so maintained. In any case, the entire cost of same shall be borne by the successful contractor and shall not be a basis for additional payment.
ADDITIONAL SPECIAL PROPOSAL CONDITIONS FOR CONSTRUCTION AND ALTERATION REQUIREMENTS
Revision 004 October 8, 2010
- SPC-39 APPROVAL OF INSTALLER BY UTC:
- The University reserves the right to approve the successful proposer's installer. If the University does not feel the proposer's proposed installer is sufficiently qualified and experienced to perform the installation, the proposer shall have the option either (1) of submitting for UTC's consideration, other installers, if at the same price and delivery, who shall meet the University's approval, or (2) of withdrawing the proposal from further consideration by UTC. The University's decision as to what firms/persons shall be acceptable installers shall be final.
- SPC-40 AWARD:(Supersedes SPC-5)
- It is the intent of the University either to award these requirements individually
or on an "all or none" basis to the proposer(s) whose offer(s) represent(s) the University's
best interests and /or that which is most advantageous to the University. The University
shall be the sole judge in determining which proposal(s) best meets the above criteria
as deemed essential by the University.
In making the award of this contract, UTC will take into consideration the following: (a) total cost of work, (b) estimated time of completion, (c) Proposer's experience in the type of work detailed/specified, and (d) other criteria as deemed essential by the University.
The proposer acknowledges the right of the University to reject any and all proposals and to waive any informality or irregularity in any Proposal received. Except as provided herein, counter-proposals or qualified proposals shall be subject to rejection at the discretion of the University. Proposer recognizes the right of the University to reject a proposal if proposer fails (1) to furnish proposal security, when required, (2) to submit the data required by the proposal or instructed by the University.
- SPC-41 CLEANING UP, FINAL EXAMINATION AND ACCEPTANCE:
- The successful contractor shall at all times keep the construction area free from
any accumulation of waste material and rubbish; and prior to completion of work, contractor
shall remove any rubbish from the area caused by the installation including the removal
of tools, material, equipment, etc. subject to the approval of an authorized representative
of the University's Facilities Planning and Management Department.
As soon as practicable after completion of the installation, an examination of same shall be made by an authorized representative of the University's Facilities Planning and Management Department. If the work is found to comply fully with the requirements of the order, the installation shall be accepted and payment processed upon receipt of contractor's invoice.
- SPC-42 CONTRACTOR'S LICENSING ACT:
- In accordance with the Tennessee Contractors Licensing Act, TCA Sections 62-6-101, et seq., if the total cost of this project will exceed $25,000.00, the bidder, as prime contractor, and any electrical, mechanical, plumbing, geothermal or masonry subcontractors must have a current Tennessee Contractors License appropriate for the work to be performed. The law shall be applicable for each project which is comprised of work activities that can be designated as construction/alteration or those that entail the installation of items, of whatever nature, which are to be "fixed to" or "attached to" existing facilities.
- SPC-43 DAMAGE AND PATCHING:
- The contractor shall be held responsible for damage to existing facilities/sites, or to completed new work, that may be caused by the contractor's work or workmen. Contractor shall properly repair damage or remove and replace damaged property as appropriate at the contractor's expense as required by the University. When sidewalks are damaged, the contractor shall be required to replace the entire area damaged. Repairs to sidewalks shall not be acceptable. Cracked sidewalks will be considered as damaged.
- SPC-44 ELECTRICITY AND WATER:
- The University will furnish at its expense, electricity and water required at the general vicinity of the jobsite. The successful contractor will be responsible for the cost of all temporary electrical lines and hoses/pipes which may be necessary to bring these services/utilities to the various areas of the jobsite.
- SPC-45 F.O.B. POINT:(Supersedes SPC-10)
- This requirement shall be quoted prepaid F.O.B. The University of Tennessee at Chattanooga, DELIVERED AND INSTALLED.
- SPC-46 HANDLING OF MATERIALS:
- The successful contractor shall be responsible for the storage, care and protection of the materials so that such materials shall be in perfect condition at the time of installation.
- SPC-47 PAYMENT & PERFORMANCE BOND:
- The successful contractor will be required to furnish a Payment and Performance Bond
to the University of Tennessee at Chattanooga prior to commencement of work to guarantee
that the payment and performance of the contracted construction will be properly secured.
Unless stated otherwise in the Request for Quotation, the penal sum of the Payment
and Performance Bond shall be equal to the contract price, covering and including
labor and materials, and other pertinent costs. The bond shall be executed on a University
of Tennessee "PAYMENT AND PERFORMANCE" form (copy attached to the RFQ when applicable).
Power of Attorney shall accompany bonds signed by an Attorney-In-Fact.
The agent signing the bond shall be a resident of the state of Tennessee.
The company writing the bond shall be licensed to transact business in the state of Tennessee.
The premium of the bond shall be paid by the successful contractor and the date of it must not be prior to the date of instrument for which it was given/issued.
- SPC-48 PRESERVATION OF EXISTING VEGETATION:
- The successful contractor shall preserve and protect all existing vegetation such as trees, shrubs, flowers, and grass on the site, which do not interfere with the construction as determined by the University. The successful contractor will be liable for all unauthorized cutting or damaging of trees, shrubs, including damage due to careless operation of equipment or "tracking" of grass areas by heavy equipment. The successful contractor shall be required to replace or restore, at the contractor's expense, all vegetation destroyed or damaged during the execution of assigned work requirements.
- SPC-49 PREVAILING WAGE RATES: (Applicable for orders over $50,000.00)
- All successful proposers/contractors will be required to pay not less than the prevailing
rates of wages for on-site labor as determined by the Commissioner of Labor of the
State of Tennessee as required by Chapter 368 of the Prevailing Wage Act of 1975.
Tennessee Code annotated, of the General Assembly of the State of Tennessee. When
the prevailing wage rates are applicable, a State of Tennessee Wage Determination
decision shall be submitted by the University as an integral part of the proposal
Proposer's attention is also called to the fact that the successful proposer will be required to post, and keep posted in a conspicuous place at the site of the work, a copy of the prevailing rates of wages and working hours as prescribed. The successful proposer will also be required to submit to the Tennessee Department of Labor to the address shown on the wage determination a weekly certified copy of all pertinent payrolls. The contractor will be required to identify each payroll with the University purchase order number, the state's wage determination decision number, and the county in which the work was performed, so that they can be readily identified. The prevailing wage rates cited by the State of TN Department of Labor DO NOT include fringe benefits.
- SPC-50 STATE BUILDING COMMISSION APPROVAL:
- The State Building Commission of the State of Tennessee requires that each respondent to any University of Tennessee Request for Quotations, which requires State Building Commission approval, state whether or not such respondent, its employees, agents, independent contractors, and proposed contractors have been convicted of or have pled either guilty or "nolo-condendre" to any contract crime. If respondent's response is in the affirmative, the State Building Commission, having been so apprised by the University, will advise the respondent (proposer) of the State's policy regarding such proposers. Proposer shall complete the declaration/statement as required in the space provided in this Request for Quotations. Failure to do so will be cause for the Proposal to be considered non-responsive to the University's Request for Quotations.
SPC-51 UNDERGROUND UTILITY DAMAGE: UNDERGROUND UTILITY DAMAGE PREVENTION ACT,TCA 65-31-101-113 Anyone about to engage in either digging, excavation, moving of earth, demolition or any type of activity that disturbs the earth and therefore possibly involving a danger to damaging underground utility lines, must first notify Tennessee One Call, at 800-351-1111, of their intent to dig. Tennessee One Call will then notify the member utilities of the proposed work. The utility company will then have 72 hours, excluding holidays and weekends, to locate those underground utilities. You will then receive a locate ticket valid for 15 calendar days from the start date indicated on the ticket. If additional time is required, you must request a new ticket at least 3 working days before the expiration date to renew your locate ticket. Failure to comply with this requirement is a Class A misdemeanor and is subject to a fine not to exceed $2,500 and a term of imprisonment not to exceed 48 hours or both.
The above is only a summary of the law. Tor a complete copy of the law you may either call 800-351-111, or visit the website at http//www.tnonecall.com/statelaw.htm .