Purchassing Departm
ment
525 Buena
B
Vista SE
Albuqueerque, NM 877106
R
REQUEST FO
OR PROPOSAL
LS NO.: P-331
R
RFP DUE DAT
TE: Wednesda
ay, March 6, 20
013
R
RFP DUE TIM
ME: 4:00 PM lo
ocal time (MST))
TITL
LE: Enterprise Access Controll & Installation
N
NON-MANDAT
TORY PRE-PR
ROPOSAL MEE
ETING
NOT
TE: Attendancce at this non
n-mandatory m
meeting is
STR
RONGLY recom
mmended.
D
DATE:
Frid
day, February 15 from 10:00 AM – noon
L
Location: CNM
M’s Main Camp
pus
835
5 Buena Vista SE
Stu
udent Resource Center,
C
Rooms SRC111H/SRC
C111J
hhttp://www.cnm
m.edu/maps-and--directory/mainccampus/map/maainccampus-map-09
9-12
B
BUYER: Gil Rivera
R
P
Phone: 505-224
4-4546
Fax
x: 505-224-454
48
E
E-mail address:
griv
[email protected]
N
NUMBER OF RESPONSES
R
REQUIRED:
R
One
O (1) Originall and
F
Five (5) Copies
FRE
EIGHT TERMS
S: FOB Destinaation Freight Inccluded
YMENT TERM
MS: Net 30 Dayys
PAY
T
TABLE OF CO
ONTENTS:
SECTION A:
SECTION C:
SECTION D:
SECTION E:
SECTION F:
SECTION G:
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
Proposal Su
ubmission Requ
uirements, Form
mat and Content
Submittal Instructions, Ten
ntative Sequencee of events
Standard Prroposal Terms and
a Conditions
CNM Geneeral Terms and Conditions
C
Scope of Seervices, Specificcations, and Evaaluation Criteriaa
Signature of
o Firm’s Authorrized Representtative
Debarment//Suspension Staatus & Non-Colllusion Affidavitt Form
Resident Veterans Preferen
nce Certification
n
Insurance Requirements
R
Campaign Contribution
C
Diisclosure Form
Sample Non-Disclosure Ag
greement
Sample Serrvices Agreemen
nt for Solution
R
RFP # P-331, Advertised Thursday,
T
Feb
bruary 14, 2013
C
Copyright CNM 2013. All rights
r
reserve
ed.
PA
AGE #:
2–3
4–5
6 – 15
16
117 – 32
33
34
35
36
337 – 38
339 – 43
444 – 56
P
Page 1 of 56
PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT:
Central New Mexico Community College (CNM) invites you to submit a proposal for the services specified in this
Request for Proposals. Please read carefully all instructions, specifications, terms and conditions. Failure to
comply with the instructions, specifications, terms and conditions of this Request for Proposals may result in your
proposal being declared non-responsive. The purchase of materials and or services awarded under this Request is
subject to CNM's General Terms and Conditions as well as all statements contained in this Request for Proposals.
All terms and conditions of the Request for Proposals shall remain unchanged for the duration of any resultant
agreement(s) and shall supersede and take precedence over any vendor agreement forms. Additional or different
terms proposed by the vendor are hereby rejected unless agreed to in writing by CNM. The New Mexico criminal
law prohibits bribes, gratuities and kickbacks (13-1-28 through 13-1-199, NMSA 1978).
Any and all clarifications of instructions, specifications, scope, requirements, terms and conditions, insurance,
bonds, or proposal preparation, etc. shall be made only by the Buyer listed above. All requests for clarification or
exception to instructions, terms and conditions, specifications, requirements, scope, insurance, bonds, or proposal
preparation, etc. must be made in writing, addressed to the Buyer listed above, and submitted no later than five (5)
days prior to the proposal due date. Technical questions concerning scope of work, CNM's requirements, needs or
expectations and the vendor's requirements, needs or expectations must be directed to the technical clarification
contact listed above. If a technical clarification contact is not listed above, then all such questions must be directed
to the Buyer listed above. If appropriate in CNM's sole judgment, CNM Purchasing may issue a written
Amendment or addendum which shall thereafter become part of this Request for Proposals. No oral interpretations
shall be binding upon CNM unless reduced to a written amendment issued by CNM Purchasing prior to the
proposal due date and time. Your reliance on any such oral interpretations shall be deemed to be unreasonable.
Each respondent, by submitting a response, represents that the respondent has read and completely understands the
request for qualifications documents and agrees to abide by the terms of this RFP and any resulting agreement.
Failure of the selected contractor to fulfill the provisions of this request for qualifications shall in no way relieve
the obligation of the Contractor to furnish all services necessary to carry out the provisions of the agreement.
The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be
incorporated into and become part of the awarded Price Agreement.
Should an Offeror object to any of the terms and conditions of this RFP, the Offeror must expressly identify any
and all exceptions to this proposal’s scope of work, terms and conditions in their proposal response to receive
consideration, and propose specific alternative language. Proposers must provide a brief discussion of the purpose
and impact, if any, of each proposed change, followed by the specific proposed alternate wording.CNM may or may
not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at
complete substitutions are not acceptable to CNM and will result in disqualification of the Offeror’s proposal. The
final terms and conditions of any resultant contract may differ from those provided herein.
Proposer’s Terms and Conditions – Proposers must submit with the proposal a complete set of any additional terms and
conditions which they wish to have included in a contract negotiated with CNM including any license agreements,
maintenance agreement, or warranties associated with the proposed solution.
Contract Deviations – Any additional terms and conditions, which may be the subject of negotiation, will be discussed
only between CNM and the selected proposer and shall not be deemed an opportunity to amend the substance
proposer’s proposal.
CNM is not responsible for representations made by any of its officers or employees prior to the execution of the
Agreement(s) unless such understanding or representation is included in the RFP or in subsequent written addenda
or responses provided to all proposers by CNM’s Purchasing Department. CNM is responsible only for that which
is expressly stated in the solicitation document and any authorized addenda thereto. Any cost incurred by the
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 2 of 56
PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT:
Respondent in preparation, transmittal or presentation of any proposal or material submitted in response to the RFP
shall be borne solely by the Respondent.
Contractor shall not be an employee of CNM and is responsible for federal and state payroll and service taxes such
as social security, unemployment and gross receipts taxes. Service required by this RFP for which the Successful
Offeror does not identify cost will be borne at the Offeror’s expense and will not be charged to CNM.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 3 of 56
PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT:
SUBMITTAL INSTRUCTIONS:
To submit a proposal, provide a type written document responding to the scope of work/services, specifications,
and evaluation criteria contained herein. Complete the forms labeled “SECTION E: Signature of Firm’s
Authorized Representative,” “SECTION F: Debarment/Suspension Status & Non-Collusion Affidavit Form,”
“EXHIBIT B: Campaign Contribution Disclosure Form,” signed by the firm’s authorized representative, and
submit these forms with your proposal’s response to Section D, Evaluation Criteria. Responses shall be signed by
a legally authorized representative of the Respondent. Unsigned responses to SECTION E: Signature of Firm’s
Authorized Representative and Section F: Debarment/Suspension Status & Non-Collusion Affidavit Form will be
rejected as a material failure.
CNM does not desire responses with fancy binders, binding, or sales literature. Instead, vendors' proposals should
be organized in a format that promotes the easy and clear evaluation of your proposal. To this end, the
organization of your proposal should generally follow the Request for Proposals' organization so that the Request
and your proposal can be cross-referenced during the evaluation process. Likewise, information in your proposal
should be presented in same order as the pertinent provisions of the Request for Proposals, referencing sections of
the Request on any and all attachments that you include with your proposal. Each original proposal must be
signed in ink by an authorized representative of your firm; all corrections shall be initialed in ink by person
signing the proposal. The contents of the selected proposal may become part of any resultant award. If you wish
to offer more than one proposal, clearly label the top as an alternate proposal and submit all responses in the same
envelope as the original proposal. Submit the number of copies of your proposal as specified above. Each copy
shall include all supporting documentation. Failure to submit the required number of copies may result in your
proposal being considered non-responsive.
1. REQUIRED SUBMITTAL DOCUMENTS NEEDED WITH YOUR SEALED RESPONSE:
a. OFFEROR’S point-by-point response to SECTION D, EVALUATION CRITERIA, paragraphs 3.3.1
THROUGH 3.3.4.
b. SECTION E: Signature of Firm’s Authorized Representative
c. SECTION F: Debarment/Suspension Status & Non-Collusion Affidavit Form
d. EXHIBIT B: Campaign Contribution Disclosure Form
e. Table of Contents to include section names, section numbers and page numbers
f. Letter of Transmittal. The letter of transmittal will fairly and briefly depict the respondent’s proficiency,
experience and capability to serve CNM and why the respondent believes they should be selected.
g. Response length and font size: Proposal responses should be limited to 20 double spaced pages no smaller
than 10 point font.
h. Submit one (1) original and five (5) copies of your response to this RFP with your SEALED response.
NOTE: Failure to submit items 1.a – 1.d. noted above will render the offer as being non-responsive.
Non-responsive offers CANNOT be considered for award. Items 1.b., 1.c., and 1.d. MUST be signed by
a legally authorized representative of the Respondent.
2. SUBMITTAL DEADLINE AND LOCATION
All responses must be received in a SEALED envelope by CNM no later than 4:00 PM MST, Wednesday,
March 6, 2013.
Responses are to be submitted via MAIL, COURIER, or HAND DELIVERED to:
Central New Mexico Community College
Purchasing Department
525 Buena Vista Drive SE
Albuquerque, NM 87106
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 4 of 56
PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT:
Attn:
RFP # P-331, Due on or before 4:00 PM MST, Wednesday March 6, 2013
PLEASE ENSURE THAT YOUR SEALED ENVELOPE IS LABELED WITH YOUR FIRM’S NAME,
ADDRESS, RFP NUMBER, AND OPENING DATE AND TIME. Failure to properly identify this RFP #,
Due Date and Time on the lower left outside corner of your sealed proposal envelope may result in either
premature opening of your proposal or failure to open it upon the correct closing date and time.
a. Faxed or electronically mailed responses will NOT be accepted and CANNOT be considered for
award.
b. Late submissions of proposals will not be considered unless it is determined by CNM that the late
receipt was due solely to mishandling by CNM or if the proposal is the only one received. All other
late submissions will be returned unopened.
c. Responses will not be publicly opened.
d. Responses may be withdrawn at any time prior to the time and date set for RFP closing.
e. CNM reserves the right to accept or reject any or all responses and to waive technical irregularities.
3. TENTATIVE SEQUENCE OF EVENTS
a. Pre-Proposal Meeting
Date:
Friday, February 15, 2013
Time:
10:00 AM – 12:00 noon, Walk-through 1:00 PM – 5:00 PM
CNM Main Campus 835 Buena Vista SE
SRC Building, Room SCR111H/111J
b. Questions/Clarifications
c. RFP Amendments
d. Submission of Proposal
Accepted through Friday, February 22, 2013
Issued by Wednesday, February 27, 2013
PROPOSALS MUST BE SEALED AND DATE STAMPED
RECEIVED BY CNM PURCHASING DEPARTMENT
SUBMISSION DEADLINE, ON OR BEFORE:
Due Date:
March 6, 2013
Due Time:
4:00 PM, Mountain Standard Time
Location:
CNM Purchasing Office
Building A, Room 109
525 Buena Vista SE
Albuquerque, NM 87106
e.
f.
g.
h.
Shortlist Finalists
Finalist Interviews
Begin Contract Negotiations
Notice of Award
Thursday, March 14, 2013 (If deemed necessary)
Friday, March 22, 2013 (If deemed necessary)
Monday, March 25, 2013
Friday, April 12, 2013
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 5 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
1.
ACCEPTANCE. Equipment and/or Services - Right to reject;
specifications.
(I) All equipment and/or services furnished will be subject to
inspection and testing by buyer and buyer's agents upon arrival
and after installation. Any equipment and/or services found by
buyer in its sole discretion to be not in accordance with the
specifications, drawings, plans, instructions, performance
criteria, samples or other description furnished or adopted by
buyer for the order or otherwise not in conformance with the
terms of the order shall be subject to rejection, return and back
charge as appropriate, together with the necessary costs of
handling and shipping. Buyer's payment of all or any part of
the purchase price prior to such inspection, testing and nonacceptance of the equipment and/or services involved shall not
constitute a waiver of any of buyer's rights hereunder.
(II) When supplier believes that the work and equipment are
"finally completed", it shall notify buyer in writing and upon
receipt of said notice, buyer shall inspect the work and either
accept such work as being "finally completed" or identify in
writing to supplier that the work is not finally completed in the
opinion of buyer and state specifically why buyer believes the
work is not finally completed. The work and equipment shall
be considered finally completed following successful start-up of
the equipment and full operation of such equipment for a
reasonable number of days or for such period of time set forth
in the applicable Purchase Order, and at that time supplier shall
submit a final payment application for all amounts remaining
due and owing to supplier under the applicable Purchase Order.
2.
3.
4.
5.
ACKNOWLEDGMENT
OF
AMENDMENT
/
ADDENDUM. Vendors shall acknowledge receipt of any
amendments/addenda to this Request for Proposals by
identifying the amendment/addendum number and date in the
space provided on the form labeled “Signature of Firm’s
Authorized Representative”.
ADDRESSES FOR NOTICES. Any notice required to be
given or which may be given under this Request for Proposals or
the resultant price agreement shall be in writing and delivered in
person or via first class mail to Central New Mexico Community
College, Purchasing Department, 525 Buena Vista, SE,
Albuquerque, NM 87106.
AWARD OF PROPOSALS. CNM reserves the right to award
this proposal based on price and any other evaluation criteria
contained herein; to reject any and all proposals or any part
thereof, and to accept the proposal that is most advantageous to
CNM, taking into consideration the evaluation factors set forth in
this Request for Proposals.
CANCELLATION. CNM reserves the right to cancel without
penalty this Request for Proposals, the resultant price agreement
or any portion thereof for unsatisfactory performance,
unavailability of funds, or when it is in the best interest of
CNM.
6.
CHANGE IN CONTRACTOR REPRESENTATIVES.
CNM reserves the right to request a change in contractor
representatives if the assigned representatives are not, in the
opinion of CNM, meeting its needs adequately.
7.
CHANGES/ALTERATIONS AFTER AWARD. Changes or
alterations after the award can only be made if agreed to in
writing by CNM.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
8.
CLAIMS FOR ADDITIONAL TIME. If the Contractor
wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given. The
Contractor's Claim shall include an estimate of cost and of
probable effect of delay on progress of the Work. In the case of
a continuing delay only one Claim is necessary.
8.1 If adverse weather conditions are the basis for a Claim for
additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for
the period of time, could not have been reasonably
anticipated and had an adverse effect on the scheduled
construction.
8.2 Injury or Damage to Person or Property. If either party to
the Contract suffers injury or damage to person or property
because of an act or omission of the other party, or of
others for whose acts such party is legally responsible,
written notice of such injury or damage, whether or not
insured, shall be given to the other party within a
reasonable time not exceeding 21 days after discovery.
The notice shall provide sufficient detail to enable the
other party to investigate the matter.
9.
CLEAN UP. It is the contractor's responsibility that the job site
be kept clean and free of rubble while work is performed under
the resultant price agreement. Upon completion of the work, all
areas shall be cleared of all contractor's equipment, excess
materials and rubble, and the site shall be left broom clean.
Disposal of any debris shall be to an appropriate disposal site in
accordance with any laws applicable to the type of material
being disposed.
10. CNM’S RIGHTS TO ACCEPT/REJECT PROPOSALS.
CNM reserves the right to accept and/or reject, at its sole
discretion, any or all proposals, or parts thereof, to waive
technicalities, or to re-advertise the project, when the best
interests of CNM will be realized thereby.
11. CONFIDENTIALITY. Any information provided to or
developed by the successful vendor in the performance of the
resultant agreement shall be kept confidential and shall not be
made available to any other individual or organization by the
successful vendor without prior written approval of CNM.
12. CONSTRUCTION RECORD DRAWINGS. The successful
contractor will be required to provide CNM, upon completion
of the work, three (3) sets of record drawing(s) showing any
changes from the contract drawings (especially electrical,
plumbing, utility lines, etc.) added or affected by the work the
contractor has performed, unless provisions for pre-approval of
drawings is contained elsewhere in this Request for Proposals
(RFP).
13. CONTRACT. CNM’s purchase order shall be considered the
binding agreement/contract. In the event of any inconsistent or
incompatible provisions, the purchase order (excluding
contractor’s bid) shall take precedence, followed by the
provisions of the Request for Bids, and then lastly, the terms of
the Vendor’s/Contractor’s bid response.
Page 6 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
14. CONTRACTOR GUARANTEE.
The contractor shall
guarantee all materials, equipment and workmanship furnished
and or installed to be free of defects and shall agree to replace
solely at his/her expense any and all defective equipment, parts,
etc. within a one year period after the date of acceptance of the
items and or installation by CNM, unless otherwise agreed to in
writing at the time of award.
15. CONTRACTOR SCHEDULE REQUIRED. The contractor
shall include a proposed schedule for completion of work under
this RFP. It should contain an itemized break down of all items
and projects, including testing dates if applicable.
16. CORRECTION OF WORK
16.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION.
The Contractor shall promptly correct Work rejected by
CNM or failing to conform to the requirements of the
Contract Documents, whether discovered before or after
Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected
Work, including additional testing and inspections and
compensation for CNM's services and expenses made
necessary thereby, shall be at the Contractor's expense.
16.2 AFTER SUBSTANTIAL COMPLETION. In addition to
the Contractor’s obligation under Warranty, if within one
(1) year after the date of acceptance and approval of the
Final Application for Payment of the work, or after the
date for commencement of warranties established under
partial use, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is
found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it
promptly after receipt of written notice from CNM to do
so, unless CNM has previously given the Contractor a
written acceptance of such condition.
16.3 The one-year period for correction of Work shall be
extended with respect to portions of Work first performed
after Substantial Completion by the period of time
between Substantial Completion and the actual
performance of the Work. This obligation under this
Subparagraph 16.3 shall survive acceptance of the Work
under the Contract and termination of the Work under the
Contract and termination of the contract.
16.4 The Contractor shall bear the cost of correcting destroyed
or damaged construction, whether completed or partially
completed, of CNM or separate contractors caused by the
Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract
Documents.
16.5 Nothing contained in this Section 16.5 shall be construed
to establish a period of limitation with respect to other
obligations which the Contractor might have under the
Contract Documents. Establishment of the one-year period
for correction of Work as described in Section 16.2 relates
only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which
the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within
which proceedings may be commenced to establish the
Contractor's liability with respect to the Contractor's
obligations other than specifically to correct the Work.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
17. DAMAGE AND SECURITY OF CNM PROPERTY. The
successful offeror shall be responsible for all damage to persons
or property that occurs as a result of his/her fault or negligence,
or that of any of his/her employees, agents and or
subcontractors. He/she shall save and keep harmless CNM
against all loss, cost, damage, claims, expense or liability in
connection with the performance of the resultant price
agreement. Any equipment or facilities damaged by the
successful vendor's operations shall be repaired and or restored
to their original condition at the vendor's expense, including but
not limited to cleaning and painting. The successful vendor
shall be responsible for security of all his/her equipment and for
the protection of work done under the resultant price agreement
until final acceptance of the work.
18. DELIVERY. Delivery is an important consideration and may
be a factor in determining the award. Please state your earliest
delivery date in the space provided on the response form.
Delivery to be made to Receiving/Warehousing, Central New
Mexico Community College, 901 Buena Vista SE,
Albuquerque, NM 87106, unless otherwise specified.
19. DELIVERY DELAYS. If after award, the contractor becomes
aware of possible problems that could result in delay in the
agreed-to delivery schedule, the contractor must immediately
notify the Buyer or the designated representative. The initial
notification of the delay may be verbal with a written
confirmation, giving the probable cause and effect, with
recommendations for alternate action.
Nothing in this
paragraph will be interpreted as relieving the vendor of his/her
contractual obligations. However, failure to notify CNM
promptly will be a basis for determining vendor responsibility
in an otherwise excusable delay.
20. DISCREPANCIES.
Should any interested vendor find
discrepancies in any part of the listed specifications or the terms
and conditions, or find any part of the listed specification or the
terms and conditions to be incomplete or otherwise questionable
in any respect, such vendor shall immediately call such matters
to the attention of the Buyer, in writing, prior to the established
opening date.
21. DISRUPTION OF NORMAL ACTIVITY. All work shall be
performed so as not to interfere with normal CNM activities.
When it is necessary to disrupt normal activities, the schedule of
work and the areas to be affected must be approved by CNM's
authorized representative prior to commencement of the work.
22. EMPLOYEE CERTIFICATION.
The vendor and all
vendor's employees utilized on the work to be performed under
this Request for Proposals must have the proper certification(s)
and license(s) to comply with State and local requirements
connected to this Request for Proposals. The contractor shall
use only fully qualified and approved service technicians to
perform inspections, service and or repairs under this Request
for Proposals.
23. EQUIPMENT REQUIRED. The vendor shall be responsible
for supplying and maintaining all equipment and materials
necessary to complete the work under this Request for
Proposals except as otherwise noted in the Specifications.
Page 7 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
24. ERRORS.
CNM is not liable for any errors or
misinterpretations made by the vendor responding to this
Request for Proposals. No advantage shall be taken by Vendors
in the omission of any details. Any misstatements of fact,
misrepresentations or errors in the Vendor’s proposal may, at
the sole discretion of CNM, be cause for disqualification. Each
vendor is responsible for ensuring that all information provided
in its proposal is accurate and complete in its entirety.
25. EXCLUSIVE RIGHTS. Under no circumstances shall this
Agreement be construed or deemed to be a contract whereby
CNM grants Contractor exclusive right to furnish CNM its
needs or requirements for services described herein.
26. FINANCIAL STATEMENTS. If requested, all bidders may
be required to submit their most recent Income Statement,
Balance Sheet, and Statement of Cash Flows.
27. FORCE MAJEURE. Neither party to the resultant agreement
will be liable to the other for any failure or delay in
performance under the resultant agreement due to
circumstances beyond its reasonable control including, but not
limited to, acts of God, accidents, labor disputes, acts or
omissions and defaults of third parties, and official, government
or judicial action not the result of negligence of the party failing
or late in performing.
28. GENERAL TERMS AND CONDITIONS. CNM's General
Terms and Conditions are an equal and integral part of this
Request for Proposals.
29. GOVERNING LAW. This Request for Proposals and all
resultant price agreements shall be interpreted and governed by
the Laws of the State of New Mexico.
30. INDEMNIFICATION. To the fullest extent permitted by law,
the Contractor shall indemnity and hold harmless the Owner
(CNM), Architect, Architect’s consultants, and agents, officers,
and employees of any of them, against liability, claims,
damages, losses, and expenses, including but not limited to
attorney’s fees, arising out of or resulting from performance of
the Work , provided that such claim, damage, loss, or expenses
is attributable to bodily injury, sickness, disease, or death, or to
physical injury to real or personal property, including the loss of
use resulting therefrom, but only to the extent that the liability,
damages, losses, or costs are caused by, or arise out of, the acts
or omissions of the Contractor or its officers, employees, or
agents. Both parties to this Contract represent and agree that this
indemnity provision is valid and enforceable and meets the
requirements of N.M. Stat. Ann. § 56-7-1 (1978 as amended).
In claims against any person or entity indemnified under this
Section 32 by an employee of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification obligation
under Section 32 shall not be limited by a limitation on amount
or type of damages, compensation or benefits payable by or for
the Contractor or a Subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
31. INSPECTIONS. The contractor shall be responsible for
securing at his/her expense, all required inspections to comply
with Federal, State, and or local regulations governing the work
performed under this RFP. CNM will inspect all work done
under this RFP to verify compliance with specifications
contained herein. The contractor shall call for all required
inspections and have a representative present at all inspections.
32. INSURANCE REQUIREMENTS. The successful vendors
are required to carry insurance meeting the requirements in the
Exhibit labeled "INSURANCE REQUIREMENTS" or as noted
in the specifications. The successful vendors must submit the
Certificate of Insurance to the appropriate Buyer prior to
commencing work under the resultant price agreement.
Insurance must remain in effect for the entire term of the
resultant price agreement and must be extended to coincide with
any future price agreement extension. This Request for
Proposals Number must appear on the Certificate of Insurance.
Note: The successful vendor shall agree to comply with
state laws and rules pertaining to workers’ compensation
insurance for its employees. If the successful vendor fails to
comply with the Workers’ Compensation Act and
applicable rules when required to do so, the resultant
contract may be canceled effective immediately.
The insurance required shall be written for not less than limits
of liability specified in the Contract Documents or required by
law, whichever coverage is greater. Coverages, whether written
on an occurrence or claims-made basis, shall be maintained
without interruption from date of commencement of the Work
until date of final payment and termination of any coverage
required to be maintained after final payment.
General Requirements: Contractor shall not commence nor
continue to perform any Work unless he, at his own expense,
has in full force and effect all insurance required by the
Contract Documents. The Contractor shall not permit any Sub
contractor to perform Work on the Project unless the Worker's
Compensation Insurance requirement have been complied with
by such Subcontractor. The types of insurance the Contractor
shall obtain and maintain are set forth herein.
Worker's Compensation Insurance and Liability Insurance shall
be maintained in full force and effect for the full warranty
period provided for in the Contract Documents.
Insurers must be authorized to do business (and have an agent
for service of process) in New Mexico and either (1) have an
"A" policyholder's rating and a financial rating of at least Class
XI in accordance with the most current Best's Rating; or (2) be
acceptable to Owner as evidenced by Owner's written approval
of such Insurer. If by the terms of any insurance to be provided
herein, any mandatory deductibles are required, or if Contractor
should so elect, with the written concurrence of Owner, to
increase the mandatory deductible amounts or purchase
insurance with voluntary deductible amounts, the Contractor
shall be responsible (without entitlement to any reimbursement
from Owner) for payment of the amount of the deductible in the
event of a paid claim.
Page 8 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
Certificates of insurance (and endorsements) must be on forms
acceptable to Owner delivered to Owner prior to
commencement of the Work. The Contractor shall furnish a
Certificate of Insurance under either AIA Document G705 or
ACORD 25 S (11/85) Form. The Certificate shall include a 30
day cancellation clause. The Certificate must include the
provision the insurance company will mail 30 day written
notice to Owner
33. RFP TERMS PART OF CONTRACT. This Request for
Proposals along with its attachments will be considered to be
part of the resultant price agreement and or purchase order and is
to be incorporated by reference.
34. LATE SUBMISSIONS. Late submissions of proposals will
not be considered unless it is determined by CNM that the late
receipt was due solely to mishandling by CNM or if the
proposal is the only one received. All other late submissions
will be returned unopened.
35. LICENSES/PERMITS/EASEMENTS. The contractor shall
be responsible for obtaining, at his/her expense, all easements,
right-of-ways, accesses, licenses, permits, and utility locations
required to perform the work under this RFP.
36. MEDIATION. Notwithstanding any provision of any Contract
Document to the contrary, any claim, dispute or other matter in
question between the Contractor and the CNM and except to
those which have been waived by the making or acceptance of
final payment shall be subject to mediation pursuant to and
under the provisions of the New Mexico Public Works
Mediation Act, NMSA 1978 § 13 4C 1 et seq. as amended. A
party seeking to resolve a dispute under this Agreement or any
of the Contract Documents shall proceed under the procedures
and provisions of the Public Works Mediation Act.
37. MODIFICATIONS. Only modifications received prior to the
time specified for the closing will be accepted.
No
modifications will be accepted following the opening. The
Buyer may request technical clarifications of the proposal
following the opening.
38. NEW MATERIALS REQUIRED.
All materials and
equipment delivered and or installed under this RFP shall be
new and be the standard products of a manufacturer regularly
engaged in the production of the materials and equipment
(unless otherwise specified in the supplementary bid terms and
conditions). Where two or more units of the same class of
materials and or equipment are required, the units shall be the
products of the same manufacturer. Any manufacturer's data
supplied with the items shall be submitted to CNM's authorized
representative.
39. NUMBER FOR PROPOSAL CLARIFICATION. The
Vendor should include a local or toll-free number for proposal
clarifications. Failure to do so may result in the proposal being
declared non-responsive.
40. OFFEROR’S TERMS AND CONDITIONS. Offerors must
submit with the proposal a complete set of any additional terms
and conditions they expect to have included in a contract
negotiated with the agency.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
41. OPTION TO RENEW. CNM reserves the option to renew the
resultant agreement, contingent upon fiscal funding, as provided
for within Section 13-1-150 NMSA 1978, if such renewal is
found to be in the best interests of CNM. Renewal options will
be exercised in increments of one-year terms unless otherwise
agreed to by both parties.
42. OWNERSHIP OF MATERIAL. During the term of the
resultant agreement, ownership of all data, material, and
documentation originated and prepared by the successful
vendor for CNM shall belong exclusively to CNM.
43. PAYMENT DISCOUNTS. CNM will take advantage of
payment discounts offered whenever possible; however,
payment discounts will not be used as a means to determine the
highest evaluated offer.
44. PAYMENTS AND COMPLETION.
44.1 CONTRACT SUM. The Contract Sum is stated in the
Agreement and, including authorized adjustments, is the total
amount payable by CNM to the Contractor for performance of
the Work under the Contract Documents.
44.2 SCHEDULE OF VALUES. Before the first Application
for Payment, the Contractor shall submit to CNM a schedule of
values allocated to various portions of the Work, prepared in
such form and supported by such data to substantiate its
accuracy as CNM may require. This schedule shall be used as a
basis for reviewing the Contractor's Applications for Payment.
The schedule provided by Contractor under Subparagraph 60.
shall not be effective unless also submitted to CNM and not
objected to within a reasonable time.
44.3 CERTIFICATES FOR PAYMENT. CNM will, within
Seven days after receipt of the Contractor's Application for
Payment, either issue a Certificate for Payment, with a copy to
the Contractor, for such amount as CNM determines is properly
due, or notify the Contractor in writing of CNM's reasons for
withholding certification in whole or in part provided in Section
44.3.1 The issuance of a Certificate for Payment will constitute
a representation by CNM based on CNM's evaluation of the
Work and the data comprising the Application for Payment, that
the Work has progressed to the point indicated and that, to the
best of CNM's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to correction of minor deviations from the Contract
Documents prior to completion and to specific qualifications
expressed by CNM. The issuance of a Certificate for Payment
will further constitute a representation that the Contractor is
entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment will not be a
representation that CNM has (1) made exhaustive or continuous
onsite inspections to check the quality or quantity of the Work,
(2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other
data requested by CNM to substantiate the Contractor's right to
payment, or (4) made examination to ascertain how or for what
purpose the Contractor has used money previously paid on
account of the Contract Sum.
Page 9 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
44.3.2 DECISIONS TO WITHHOLD CERTIFICATION.
CNM may withhold a Certificate for Payment in whole or in
part, if in CNM's opinion the representations required by
Section 44.3.1 cannot be made. If CNM is unable to certify
payment in the amount of the Application, CNM will notify the
Contractor as provided in Section 44.3. If the Contractor and
CNM cannot agree on a revised amount, CNM will promptly
issue a Certificate for Payment for the amount for which CNM
is able to make. CNM may also withhold a Certificate for
Payment or, because of subsequently discovered evidence, may
nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in CNM's
opinion to protect CNM from loss for which the Contractor is
responsible, including loss resulting from acts and omissions,
because of:
a) defective Work not remedied;
b) third party claims filed or reasonable evidence indicating
probable filing of such claims unless security acceptable to
CNM is provided by the Contractor;
c) failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
d) reasonable evidence that the Work cannot be completed
for the unpaid balance of the Contract Sum;
e) damage to CNM or another contractor;
f) reasonable evidence that the Work will not be completed
within the Contract Time, and that the unpaid balance
would not be adequate to cover actual or liquidated
damages for the anticipated delay; or
g) persistent failure to carry out the Work in accordance with
the Contract Documents.
44.3.2.1 When the above reasons for withholding certification
are removed or satisfied, certification will be made for amounts
previously withheld.
44.4 PROGRESS PAYMENTS. After CNM has issued a
Certificate for Payment, CNM shall make payment in the
manner and within the time provided in the Contract
Documents.
44.4.1 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from CNM, out of the amount paid to
the Contractor on account of such Subcontractor's portion of the
Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the
Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with
each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in a similar manner.
44.5 FAILURE OF PAYMENT. If CNM does not issue a
Certificate for Payment, through no fault of the Contractor,
within the time allowed by law and provided in the Contract
Documents after receipt of the Contractor’s Application for
Payment, or if CNM does not pay the Contractor within seven
(7) days after the date established in the Contract Documents
the amount certified by CNM or awarded by a final judgment of
a court of competent jurisdiction, then the Contractor may, upon
seven (7) additional days written notice to CNM, stop the Work
until payment for the amount owing has been received. The
Contract Time shall be extended appropriately and the Contract
Sum shall be increased by the amount of the Contractor’s
reasonable cost of shutdown, delay and start up.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
44.6 SUBSTANTIAL COMPLETION. The date of Substantial
Completion of the work or designated portion thereof shall be
determined by CNM's Representatives signing the AIA
Document #G704 Certificate of Substantial Completion or
agreed to document. This date shall commence on or before a
date to be specified in a written "Notice to Proceed" of CNM;
and the construction is to be sufficiently complete, in
accordance with the Contract Documents, so CNM can occupy
or utilize the area or designated portion thereof for the use for
which it is intended. For new construction, the Certificate of
Substantial Completion shall not issue before the final
Certificate of Occupancy is issued by the appropriate code
authority.
44.6.1 When the Contractor considers that the Work, or a
portion thereof which CNM agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit
to CNM a comprehensive list of items to be completed or
corrected prior to final payment. Failure to include an item on
such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents.
44.6.2 Upon receipt of the Contractor's list, CNM will make an
inspection to determine whether the Work or designated portion
thereof is substantially complete. If CNM's inspection discloses
any item, whether or not included on the Contractor's list, which
is not sufficiently complete in accordance with the Contract
Documents so that CNM can occupy or utilize the Work or
designated portion thereof for its intended use, the Contractor
shall, before issuance of the Certificate of Substantial
Completion, complete or correct such item upon notification by
CNM. In such case, the Contractor shall then submit a request
for another inspection by CNM to determine Substantial
Completion.
44.6.3 When the Work or designated portion thereof is
substantially complete, CNM will prepare a Certificate of
Substantial Completion which shall establish the date of
Substantial Completion, shall establish responsibilities of CNM
and Contractor for security, maintenance, heat, utilities, damage
to the Work and insurance, and shall fix the time within which
the Contractor shall finish all items on the list accompanying
the Certificate. Warranties required by the Contract Documents
shall commence on the date of Substantial Completion of the
Work or designated portion thereof unless otherwise provided
in the Certificate of Substantial Completion.
44.7 FINAL COMPLETION AND FINAL PAYMENT. Upon
receipt of written notice that the Work is ready for final
inspection and acceptance and upon receipt of a final
Application for Payment, CNM will promptly make such
inspection and, when CNM finds the Work acceptable under the
Contract Documents and the Contract fully performed, CNM
will promptly issue a final Certificate for Payment stating that
to the best of CNM's knowledge, information and belief, and on
the basis of CNM's on-site visits and inspections, the Work has
been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due
the Contractor and noted in the final Certificate is due and
payable.
Page 10 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
45. PERFORMANCE AND PAYMENT BONDS.
A
performance bond and a payment bond, covering materials and
labor, each in the amount of 100% of the resultant price
agreement cost is required. The bond must be executed by the
bidder with a surety company authorized to do business in New
Mexico or other suitable sureties approved by the State Board
of Finance. The performance and payment bonds must be
received by the buyer issuing the award prior to the
commencement of work, or within 14 days of the award,
whichever is soonest, and must reference this Request for Bids
Number on the face of the documents. Performance and
Payment bonds must meet the requirements of 13-4-18 NMSA,
1978.
52. PROTECTION OF PERSONS AND PROPERTY.
52.1 SAFETY PRECAUTIONS AND PROGRAMS. The
Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection
with the performance of the Contract.
46. PERIOD FOR PROPOSAL ACCEPTANCE. The Vendor
agrees, if its proposal is accepted within ninety (90) calendar
days of the closing date, to furnish the goods and services at the
prices set forth in its proposal, delivered to the designated
point(s) within the specified time in the delivery schedule.
Failure to comply may result in removal from the bid list. An
additional time period may be requested elsewhere in this
Request for Proposals.
52.2.2 the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor's
Subcontractors or Subsubcontractors; and
47. POTENTIAL COSTS UNSPECIFIED. The Vendor shall
include in its proposal all goods, material and labor costs that it
knows or should know will be required to complete the work
under this Request for Proposals including any goods, materials,
labor or other costs that are not specifically identified in the
specifications of this Request for Proposals. All such costs shall
be identified in the proposal and separately stated in the price or
pricing proposed in the proposal.
48. POTENTIAL COSTS-UNSPECIFIED, RENTAL.
The
contractor shall include as a separate item any unspecified
additional cost which may be incurred by CNM as a result of a
rental under this RFP. This may include but should not be
limited to responsibility for damages to equipment, excessive
wear charges, insurance, etc. Please note that no additional
costs will be paid by CNM on rentals under this RFP unless
these potential additional costs have been identified in the
original offer.
49. PROPOSAL NEGOTIATION. Vendors submitting proposals
may be afforded an opportunity for discussion and revision of
proposals. Revisions may be permitted after opening and prior
to award for the purpose of obtaining best and final offer.
Negotiations may be conducted with responsible vendors who
submit offers found reasonably likely to be selected for award.
50. PROPOSAL OPENING. Proposals will be opened on the due
date and time specified on the proposal cover sheet in the
Purchasing Department Office. This is not a public opening
and contractors are not invited to attend.
51. PROPOSER QUALIFICATIONS. The selection committee
may make such investigations as necessary to determine the
ability of the proposer to adhere to the requirements specified
within this RFP. The selection committee will reject the
proposal of any proposer who is not a responsible proposer or
fails to submit a responsive offer, as defined in § 13-1-83 and
13-1-85 NMSA 1978.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
52.2 SAFETY OF PERSONS AND PROPERTY. The
Contractor shall be responsible for taking reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury or loss to:
52.2.1 employees on the Work and other persons who may be
affected thereby;
52.2.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction and the Contractor
shall be responsible for paying for the repair or replacement of
any such lost, or stolen, or damaged Work, materials,
equipment or property.
52.3 The Work and materials and equipment to be incorporated
therein, stored on site, under care, custody or control of the
Contractor or Contractor's Subcontractors or Sub
subcontractors; and
52.4 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
52.5 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reasonable
safeguards for safety and protection, including posting danger
signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and
utilities.
52.6 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost care
and carry on such activities under supervision of properly
qualified personnel.
52.7 The Contractor shall promptly remedy damage and loss
(other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in
Section 52.3 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose
acts they may be liable and for which the Contractor is
responsible under Section 52.3, except damage or loss
attributable to acts or omissions of CNM or anyone directly or
indirectly employed by them, or by anyone for whose acts may
be liable, and not attributable to the fault or negligence of the
Contractor.
Page 11 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
52.8 The Contractor shall designate a responsible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in
writing to CNM.
52.9 The Contractor shall not load or permit any part of the
construction or site to be loaded so as to endanger its safety.
52.10 HAZARDOUS MATERIALS. If reasonable precautions
will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance, including but
not limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the site by the Contractor, the Contractor shall,
upon recognizing the condition, immediately stop Work in the
affected area and report the condition to CNM in writing.
52.10.1 CNM shall obtain the services of a licensed laboratory
to verify the presence or absence of the material or substance
reported by the Contractor and, in the event such material or
substance is found to be present, to verify that it has been
rendered harmless. Unless otherwise required by the Contract
Documents, CNM shall furnish in writing to the Contractor the
names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safe
containment of such material or substance. The Contractor will
promptly reply to CNM in writing stating whether or not either
has reasonable objection to the persons or entities proposed. If
the Contractor has an objection to a person or entity proposed
by CNM, CNM shall propose another to whom the Contractor
has no reasonable objection. When the Material or substance
has been rendered harmless, Work in the affected area shall
resume upon written agreement of CNM and Contractor. The
Contract Time shall be extended appropriately and the Contract
Sum shall be increased in the amount of the Contractor’s
reasonable additional costs of shut-down, delay and start-up,
which adjustments shall be accomplished via a Change Request
as agreed between the Parties.
52.10.2 EMERGENCIES. In an emergency affecting safety of
persons or property, the Contractor shall act, at the Contractor's
discretion, to prevent threatened damage, injury or loss.
Additional compensation or extension of time claimed by the
Contractor on account of an emergency shall be determined via
a Change Request as agreed between the Parties.
53. PUBLIC INFORMATION. All information, except that
marked as confidential, will become public information at the
time that the Proposal is awarded. Confidential information
must be marked "CONFIDENTIAL" in red letters in the upper
right hand corner of the sheets containing the confidential
information.
Price and information concerning the
specifications cannot be considered confidential.
54. PUBLIC WORKS BONDS. Performance bonds must meet
the requirements of 13-4-18 NMSA, 1978
55. REFERENCES REQUIRED. Vendor must furnish the
minimum number of reference requested herein. Failure to
submit the information may result in your proposal being
considered non-responsive.
Vendor, by furnishing these
references, agrees to allow CNM to contact any person or
organization listed, and to utilize information obtained in the
evaluation of the offer.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
56. RELEASES. Upon final payment of the amount due under the
terms of the resultant agreement, the successful vendor shall
release CNM, its Governing Board, officers and employees from
all liabilities, claims and obligations arising from or under the
terms of the resultant agreement. The successful vendor agrees
not to purport to bind CNM to any obligation not assumed herein
by CNM unless CNM has expressly authorized the successful
vendor to do so and then only within the strict limits of that
authority.
57. REPORTS AND INFORMATION. At such times and in such
forms as CNM may require, there shall be furnished to CNM
such statements, records, reports, data and information, as CNM
may request pertaining to matters covered by all resultant
agreements to this Request for Proposals.
58. RESPONSIBLE VENDOR. CNM reserves the right to
conduct any investigations deemed necessary to determine the
responsibility of a vendor (i.e., prove that its financial resources,
production or service facilities, personnel, service reputation
and experience are adequate to make satisfactory delivery of the
services, construction or items of tangible personal property
described in the Request for Proposals). Vendor shall provide
audited financial statements if requested by CNM.
59. RESPONSIVENESS OF PROPOSALS. Vendors are hereby
expressly instructed that all proposals in response to this
solicitation shall meet all specifications and requirements of this
solicitation.
60. SCHEDULE DELAYS.
If after award, the contractor
becomes aware of possible problems that could result in delay
in completion of the work on the agreed-to schedule, the
contractor must immediately notify the Buyer or the designated
representative. The initial notification of the delay may be
verbal with a written confirmation per Section 7, giving the
probable cause and effect, with recommendations for alternate
action. Nothing in this paragraph will be interpreted as
relieving the contractor of his/her contractual obligations.
However, failure to notify CNM promptly will be a basis for
determining the contractor responsibility in an otherwise
excusable delay
61. SEVERABILITY. If any provision of the resultant agreement
is found invalid or unenforceable, the remainder of the resultant
price agreement will be enforced to the maximum extent
permissible and the legality and enforceability of the other
provisions of the resultant agreement will not be affected.
62. SIGNATURE. The response must be signed by an authorized
representative in order for proposal to be considered responsive.
Compete and return the form labeled “Signature of Firm’s
Authorized Representative” with proposal response.
63. SITE FAMILIARITY. The contractor shall be responsible for
thoroughly inspecting the site and work to be done prior to
submitting an offer. The contractor warrants by this submission
that he/she has had the opportunity to inspect the site and work
to be done and that his/her offer includes all costs required to
complete the work. The failure of the contractor to be fully
informed regarding the requirements of this RFP will not
constitute grounds for any claim, demand for adjustment or the
withdrawal of a bid after the opening.
Page 12 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
64. SITE INSPECTION. The site(s) referenced in this document
are available for inspection. Arrangements can be made by
calling the contact for Technical Clarification shown on the
cover page. Note, bidders shall not consider any comments
made by employees of CNM to be modifications to the bid
specifications unless distributed as a written amendment to this
bid by CNM’s Purchasing Department. All requests for
clarification must be submitted in writing to CNM’s Purchasing
Department to receive consideration. Such requests must be
submitted no later than five (5) days prior to the bid due date
65. STATE AND LOCAL ORDINANCES. The successful
vendor shall perform work under the resultant price agreement
in strict accordance with the latest version of all State and local
codes, ordinances, and regulations governing the work
involved. All materials and labor necessary to comply with the
rules, regulations and ordinances shall be provided by the
vendor. Where the drawings and or specifications indicate
materials or construction in excess of the code requirements, the
drawings and or specifications shall govern. The vendor shall
be responsible for the final execution of the work to meet these
requirements. In the event of a conflict between various codes
and standards, the more stringent shall apply.
66. STATUS OF VENDOR. The successful vendor is an
independent contractor performing services for CNM and neither
he/she nor his/her agents or employees shall, as a result of the
resultant agreement, accrue leave, retirement, insurance, bonding
authority, use of CNM vehicles, or any other benefits,
prerequisites or allowances normally afforded only to employees
of CNM. The successful vendor acknowledges that all sums
received under the resultant agreement are personally reportable
by him/her/her for income, self-employment and other
applicable taxes.
67. SUBCONTRACTORS. Any work subcontracted by the
successful vendor shall require the prior written approval of the
subcontractor by CNM.
67.1 DEFINITIONS. A Subcontractor is a person or entity who
has a direct contract with the Contractor to perform a
portion of the Work at the site. The term "Subcontractor"
is referred to throughout the Contract Documents as if
singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term
"Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor.
67.2 A Sub-subcontractor is a person or entity who has a direct
or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Subsubcontractor" is referred to throughout the Contract
Documents as if singular in number and means a Subsubcontractor or an authorized representative of the Subsubcontractor.
67.3 AWARD OF SUBCONTRACTORS. All awards of
subcontracts shall be in accordance with the New Mexico
Subcontractors Fair Practices Act as applicable.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
68. SUBCONTRACTUAL RELATIONS. By appropriate
agreement, written where legally required for validity, the
Contractor shall require each Subcontractor, to the extent of the
Work to be performed by the Subcontractor, to be bound to the
Contractor by terms of the Contract Documents, and to assume
toward the Contractor all the obligations and responsibilities,
including the responsibility for safety of the Subcontractor's
Work, which the Contractor, by these Documents, assumes
toward CNM. Each subcontract agreement shall preserve and
protect the rights of CNM under the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all rights,
remedies and redress against the Contractor that the Contractor,
by the Contract Documents, has against CNM. Where
appropriate, the Contractor shall require each Subcontractor to
enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be
at variance with the Contract Documents. Subcontractors will
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
69. SUBMISSIONS
OF
SAMPLES/DRAWINGS
/
LITERATURE. It may be necessary to test samples or have
demonstrations to make an award. All samples, when required,
shall be furnished free of expense to CNM. Returns shall only
be made at the Bidder’s request and expense. Bid samples or
descriptive literature should not be submitted unless expressly
requested; and, regardless of any attempt by a bidder to
condition the bid, unsolicited bid samples or descriptive
literature shall be submitted at the Bidder’s risk
70. SUBMITTALS. To submit an offer on the goods or services
specified, provide a type written proposal responding to the
scope of work/services, specifications, and evaluation criteria
contained herein. Vendors are to submit responses as required
for easy and clear evaluation with information presented in the
order it appears herein referencing sections on all attachments.
Each original proposal must be signed in ink by an authorized
representative; all corrections shall be initialed in ink by person
signing the proposal.
Note, if you wish to offer more than one proposal, clearly label
each additional offer as an alternate proposal and submit all
responses in the same envelope/package as the original
proposal.
71. SUCCESSORS AND ASSIGNS. CNM and Contractor
respectively bind themselves, their partners, successors, assigns
and legal representatives to the other party hereto and to
partners, successors, assigns and legal representatives of such
other party in respect to covenants, agreements and obligations
contained in the Contract Documents. Neither party to the
Contract shall assign the Contract as a whole without written
consent of the other. If either party attempts to make such an
assignment without such consent, that party shall nevertheless
remain legally responsible for all obligations under the
Contract.
Page 13 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
72. TAXES. CNM is exempt from Federal excise taxes and from
New Mexico gross receipts taxes on materials, except
construction materials used by a contractor. Services are not
exempt from gross receipts taxes. Taxes, if any, on services
must be included as a separate line item and not included in
your base price proposed. Applicable taxes are excluded from
the evaluation of the proposal.
73. TECHNICALITIES. CNM reserves the right to waive minor
irregularities. Also UNM reserves the right to waive mandatory
requirements provided that all of the otherwise responsive
proposals failed to meet the mandatory requirements and/or
doing so does not otherwise materially affect the procurement.
This right is at the sole discretion of CNM.
74. TELEGRAPHIC/FACSIMILE SUBMITTALS. Telegraphic
/ Facsimile proposal submittals will not be considered.
However, proposals may be modified by telegraphic/facsimile
notice, provided that the notice is received by the time and date
specified for the closing.
75. TERMINATION. Termination for cause. If the contractor,
for any cause, fails or omits to carry out the work in an
acceptable manner, CNM may give notice in writing of such
failure or omission and of a reasonable time within which to
cure the deficiency. Contractor shall be required to take
corrective measures within such time. Contractor's failure to
comply with such notice and to cure the deficiency as provided
in the notice shall subject the Agreement to immediate
termination by CNM. In the event of a for-cause termination,
CNM shall terminate the Agreement by delivering to the
Contractor a written notice of termination. The effective date
of termination shall be the date stated in the notice or, if no
date is stated, then the date of delivery of the notice. Upon
delivery of such notice, Contractor shall have the right to
receive payment for services performed prior to termination
date, including reimbursement then due.
Termination for convenience of CNM. On fifteen (15)
business days written notice to Contractor, CNM may
terminate the Agreement in whole or in part for its own
convenience in the absence of any default by Contractor. In
the event of a no-cause termination, CNM shall terminate the
Agreement by delivering to Contractor notice of termination
without cause specifying the extent to which performance of
work under the Agreement is terminated and the date upon
which such termination becomes effective. The effective date
of ter5mination shall be the date stated in the notice or, if no
date is stated, then the fifteenth (15) business day after delivery
of the notice. Within ten (10) calendar days of the effective
date of termination, Contractor shall deliver to CNM all
documents and any other materials developed under the
Agreement. Upon delivery of such notice, the Contractor shall
have the right to receive payment for services performed to
termination date, including reimbursement then due.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
76. TESTS AND INSPECTIONS. Tests, inspections and
approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders
of public authorities having jurisdiction shall be made at an
appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity
acceptable to CNM, or with the appropriate public authority,
and shall bear all related costs of tests, inspections and
approvals. The Contractor shall give CNM timely notice of
when and where tests and inspections are to be made so that
CNM may be present for such procedures.
76.1 The Contractor shall notify CNM 48 hours in advance
before covering up any concealed work, or conducting any tests
by any trade on the Work.
76.2 Tests and inspections not explicitly assigned to CNM are
Contractor’s responsibility.
Unless otherwise indicated,
Contractor shall provide quality-control services specified and
those required by authorities having jurisdiction, whether
specified or not.
76.3 If such procedures for testing, inspection or approval
under Sections 76 reveal failure of the portions of the Work to
comply with requirements established by the Contract
Documents, all costs made necessary by such failure including
those of repeated procedures shall be at the Contractor's
expense.
76.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to CNM.
77. TIME. Unless otherwise provided, Contract Time is the period
of time, including authorized adjustments, allotted in the
Contract Documents for Substantial Completion of the Work.
Time limits stated in the Contract Documents are of the essence
of the Contract. By executing the Agreement the Contractor
confirms that the Contract Time is a reasonable period for
performing the Work.
77.1 The date of commencement of the Work is the date
established in the Agreement. The date shall not be
postponed by the failure to act of the Contractor or persons
or entities for whom the Contractor is responsible.
77.2 The date of Substantial Completion is the date certified by
CNM in accordance with Section 44.6.
77.3 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
77.4 Work required to be performed after regular working
hours shall be done without additional cost to CNM. The
Contractor shall include the cost of all overtime work
necessary to complete the Contract in his original Bid.
After substantial completion, the Contractor and his
Subcontractors shall employ all of the measures prescribed
for safeguarding the continuous and satisfactory operation
of the building, as interruption of such service will be
considered a breach of contract.
Page 14 of 56
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-331
78. VENDOR GUARANTEE. The vendor shall guarantee all
materials, equipment and workmanship furnished and or
installed to be free of defects and shall agree to replace solely at
his/her expense any and all defective equipment, parts, etc.
within a one year period after the date of acceptance of the items
and or installation by CNM, unless otherwise agreed to in
writing at the time of award.
79. VENDOR SCHEDULE REQUIRED. The vendor shall
include a proposed schedule for completion of work under this
Request for Proposals. It should contain an itemized break down
of all items and projects, including testing dates if applicable.
80. WAGE RATES. Jobs with an estimated cost greater than
$60,000 done under this RFP will be subject to the Public
Works Minimum Wage ACT (13-4-11 through 14-4-17, NMSA
1978) and per exhibit labeled "MINIMUM WAGE RATES".
Minimum wages will be supplied at time of award or may be
obtained from the Labor and Industrial Commission, 1596
Pacheco Street, Santa Fe, NM 87501.
81. WARRANTY. Bidder warrants the materials, supplies or
services furnished to be exactly as specified in the order, free
from defects in bidder's design, labor, materials and
manufacture, and to be in compliance with any drawings or
specifications incorporated herein and with any samples
furnished by bidder. All applicable UCC warranties, express
and implied, are incorporated herein
82. WITHDRAWAL OF PROPOSALS. Proposals may be
withdrawn by written notice, telegram or in person by an
vendor or an authorized representative any time prior to the
award. Proposals requiring proposal security may result in
forfeiture of the security if the proposal is withdrawn following
the opening.
83. WORKMANSHIP/COOPERATION. All work shall be done
in a neat, workman-like manner using acceptable equipment and
methods. The successful vendor will cooperate with CNM and
other contractors and coordinate his/her work involving other
contractors through CNM's authorized representative.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 15 of 56
SECTION C: GENERAL TERMS AND CONDITIONS
1. Inspection and Audit. a. CNM may inspect, at any reasonable time, any part of Seller's plant or
place of business which is related to performance of this Purchase Order. Acceptance of delivery shall
not be considered acceptance of the materials, supplies or services furnished. Final inspection of
product and services will be made at the destination. Any testing or inspection procedures required
by the specification are in addition to CNM's rights under this paragraph.
b. The Contractor shall maintain detailed time records which indicate the date, time and nature of
services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to
CNM under this Purchase Order, including serial numbers and other appropriate identifiers. These
records shall be subject to internal and external audit. CNM shall have the right to audit billings both
before and after payment. Payment under the resultant Agreement shall not preclude CNM from
recovering excessive, erroneous or illegal payments previously made to the Contractor.
2 Warranties. Seller warrants the materials, supplies or services furnished to be exactly as specified
in this order, free from defects in Seller's design, labor, materials and manufacture, and to be in
compliance with any drawings or specifications incorporated herein and with any samples furnished
by Seller. All applicable UCC warranties, express and implied, are incorporated herein.
3. Acceptance and Rejection. If prior to final acceptance, any materials, supplies or service are found
to be defective or not as specified, or, if CNM is entitled to revoke acceptance of them, CNM may
reject or revoke acceptance, require Seller to correct without charge within a reasonable time, or
require delivery at an equitable reduction in price at CNM's option. Seller shall reimburse CNM for
all incidental and consequential costs related to unaccepted materials, supplies or service.
Notwithstanding final acceptance and payment. Seller shall be liable for latent defects, fraud, or such
gross mistakes as amount to fraud. Acceptance of performance shall not waive CNM's right to claim
damages for breach.
4. Assignment. This order is assignable by CNM. Except as to any payment due hereunder, this
order is not assignable by Seller without written approval of CNM.
5. Changes. CNM may make changes within the general scope of this order by giving notice to
Seller and subsequently confirming such changes in writing. If such changes affect the cost of, or the
time required for performance of this order, an appropriate equitable adjustment shall be made. No
change by Seller shall be recognized without written approval of CNM. Any claim of Seller for an
adjustment under this paragraph must be made in writing within thirty (30) days from the date of
receipt of Seller of notification of such change, unless CNM waives this condition. Nothing in this
paragraph shall excuse Seller from proceeding with performance of the order as changed hereunder.
6. Termination and Delays. CNM, by written notice stating the extent and effective date may
terminate this order for convenience in whole or in part, at any time. CNM shall pay Seller as full
compensation for performance until such termination: (1) the unit or pro rata order price for the
delivered and accepted portion; and (2) a reasonable amount to be approved by CNM, and not
otherwise recoverable from other sources by Seller, with respect to the undelivered or unaccepted
portion of this order. Provided, however, compensation hereunder shall in no event exceed the total
order price. Such amount will be limited to Seller's actual cost and may not include anticipated
profits.
CNM may terminate this order by written notice in whole or in part for Seller's default if Seller
refuses or fails to comply with the provision of this order, or fails to make progress so as to endanger
performance and does not cure such failure within a reasonable period of time. In such event, CNM
may otherwise secure the materials, supplies or services ordered, and Seller shall be liable for
damages suffered by CNM, including incidental and consequential damages.
If, after notice of termination, CNM determines Seller was not in default, or if Seller's default is due
to failure of CNM, termination shall be deemed for the convenience of CNM.
The rights and remedies of CNM provided in this article shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this order.
As used in this paragraph, the word "Seller" includes Seller and its subsuppliers at any tier.
9. Patent and Copyright Indemnity. Seller shall pay all royalty and license fees relating to
deliverables and other items covered hereby. In the event any third party shall claim that the
reproduction, manufacture, use, or sale of goods or items covered hereby infringes any copyright,
trademark, patent, or other intellectual property rights, Seller shall indemnify and hold CNM harmless
from any cost, expense, damage, or loss resulting therefrom.
10. Discounts. Any discount time will not begin until the materials, supplies, or services have been
received and accepted and correct invoice received by CNM's Purchasing Department. In the event
testing is required, the discount time shall begin upon the completion of the tests.
11. Penalties. The Procurement Code, Section 13-1-28 et seq., imposes civil and criminal penalties
for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes,
gratuities and kickbacks.
12. Title and Delivery.
Title to the materials and supplies passed hereunder shall pass to CNM at
the F.O.B. point specified subject to the right of CNM to reject upon inspection. For any exception to
the delivery date specified, Seller shall give prior notification and obtain approval from CNM's
Purchasing Department. Time is of the essence and the order is subject to termination for failure to
deliver on time.
13. Payment Charges. Late payment charges shall be paid in the amount and under the conditions
stated in Section 13-1-158, NMSA 1978.
14. Other Applicable Laws. Any provision required to be included in a contract of this type by any
applicable and valid Executive order, federal, state or local law, ordinance, rule or regulation shall be
deemed to be incorporated herein.
15. OSHA Regulations. The contractor shall abide by Federal Occupational Safety and Health
Administration (OSHA) regulations and the State of New Mexico Environmental Improvement Board
occupational health and safety regulations that apply to the work performed under this Invitation.
ALL PRODUCTS CONTAINING HAZARDOUS SUBSTANCES MUST BE PROPERLY
LABELED AND ACCOMPANIED BY MATERIAL SAFETY DATA SHEETS. The contractor
shall defend, indemnify and hold CNM free and harmless against any and all claims, loss, liability
and expense resulting from any alleged violations of said regulations including but not limited to
fines, penalties, judgments, court costs and attorney fees.
16. Debarment/Suspension. In performing the services and/or furnishing the goods specified within
this purchase order, the vendor/contractor certifies that it is not suspended, debarred or declared
ineligible from entering into contracts with the Executive Branch of the Federal Government, any
State agency or local public body; nor is in receipt of a notice of proposed debarment or suspension
from the Executive Branch of the federal Government, any State agency or local public body.
17. Applicable Law. Each party acknowledges that the New Mexico Procurement Code, NMSA
1978 13-1-28 through -199, as amended, applies to every CNM purchase or contract agreement of
tangible personal property, services and construction, including participation made pursuant to this
purchase order. Further, each party acknowledges that it will be responsible for claims or damages
arising from personal injury or damage to persons or property to the extent they result from
negligence of its employees or agents and that the liability of CNM shall be subject in all cases to the
immunities and limitation of the New Mexico Tort Claims Act, NMSA 1978 41-4-1 through -2 7, as
amended.
SECTION 2
GOVERNMENT SUBCONTRACT PROVISIONS
7. Affirmative Action.
Seller shall not discriminate with regard to hiring, termination or other
incidents of employment on the basis of race, sex, national origin, religion, age or handicap. Seller
agrees to: a) adhere to the principles set forth in Executive Order 11246 and 11375, and to undertake
specifically to maintain employment policies and practices that affirmatively promote equality of
opportunity for handicapped persons, minority group persons and women; b) take affirmative steps to
hire and promote women and minority group persons at all job levels and in all aspects of
employment; c) communicate this policy in both English and Spanish to all persons concerned within
the company, with outside recruiting services and the minority community at large; d) provide CNM
on request a breakdown of labor force by ethnic group, sex, and job category; and e) discuss with
CNM its policies and practices relating to its affirmative action program.
If this order is subcontract under a U.S. Government Prime Contract, the applicable
clauses listed below are incorporated into, and form a part of, the terms and conditions of this order.
In the event of any conflict between the terms and condition of Section 2 and any other provisions of
this order the terms and conditions of Section 2 shall prevail. The clauses contained in the following
paragraphs of the Federal Acquisition Regulations are incorporated herein by reference. For purposes
of this Purchase Order, in the following clauses, the term "contract" shall mean "this order", the term
"contractor" shall mean "Seller" and the term "Government" and "Contracting Officer" shall mean
"Albuquerque CNM" and the "Director of Purchasing," respectively.
The following provisions of the Federal Acquisition Regulations (FAR) apply
regardless of the amount of this order:
8. Indemnification and Insurance Seller assumes the entire responsibility and liability for losses,
expenses, damages, demands and claims in connection with or arising out of any actual or alleged
personal injury (including death) and/or damage or destruction to property sustained or alleged to
have been sustained in connection with or arising out of the performance of the work by Seller, its
agents, employees, subcontractors or consultants, except to the extent of liability arising out of the
negligent performance of the work by or willful misconduct of CNM. In any event, CNM's liability
shall be subject to the limitations of the New Mexico Tort Claims Act. Seller shall indemnify and
hold harmless CNM, its officers, agents, and employees from any and all liability for such losses,
expenses, damages, demands, and claims and shall defend any suit or action brought against any or all
of them based on any actual or alleged personal injury or damage and shall pay any damage costs and
expenses including attorneys fees, in connection with or resulting from such suit or action.
Seller agrees that it and its subcontractors will maintain public liability and property damage
insurance in reasonable amounts covering the above obligation and will maintain workers'
compensation coverage covering all employees performing this order.
* Anti-kickback Procedures:
52.203-7
Buy American Act and Balance of Payments Program
52.225-7001
* Contract Work Hours and Safety Standards Act-Overtime Comp. 52.222-4
* Equal Employment Opportunity
52.222-26
Integrity of Unit Prices
52.215-26(a)(b)
Notice to the Government of Labor Disputes
52.222-1
Preference for U.S. Flag Air Carriers (For internal air travel)
52.247-63
Restriction on Subcontractor Sales to the Government
52.203-6
Service Contract Act of 1965 (Reserved)
52.222-41
* Termination for Convenience of Government
(Education and other Nonprofit Institutions)
52.249-5(a)(f)
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
CNM reserves all administrative, contractual, and legal remedies against Seller in case of any
breaches of the contract.
* On contracts funded by federal grants, only the Special Terms and Conditions clauses identified
by the asterisk (*) are incorporated into this contract.
Page 16 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
1.
SCOPE OF REQUEST:
Central New Mexico Community College (CNM) is seeking proposals from qualified, industry leading
experienced firms with expertise and resources to provide and assist with the implementation of a scalable
Commercial-off- the -shelf (COTS), Enterprise Access Control (Lock-down) System. The scope of the initial
project (Project # 1) is to implement the proposed Enterprise Access Control system on sixty-seven (67)
exterior doors at six (6) buildings on multiple CNM campuses by August 1, 2013. This due date is FIRM.
Vendors unable to provide the services needed in this time frame may not be considered for award.
The main purpose for Project # 1 is to lock-down the exterior “customer doors” of these buildings during an
emergency situation. Follow-on projects are anticipated to incorporate all CNM buildings at all campuses to
have lock-down capability. The awarded vendor may be contracted to perform the follow-on work directly by
CNM or through a General Contractor on an as-needed basis in the case of building renovations or new
construction projects.
Firms wishing to provide solutions must have an active, EE98 license with this State of New Mexico be able to
provide a “turn-key” system based on the scope of work described above. It is issued under, and all proposals
submitted in response hereto shall be subject to, New Mexico Procurement Code, §13-1-21 through 13-1-199,
NMSA 1978. All potential proposers are to read, understand and accept the requirements of this RFP.
It is preferred that the solution offered may be scalable to accommodate additional controls traditionally
available from a Building Automation/Management System. For example, in addition to the Enterprise Access
Control System that will be used to lock-down the exterior doors, the proposed solution should be capable of
being expanded to add Security Management System elements (e.g., Emergency Broadcast System (EBD),
Intrusion, Surveillance, etc.) and other Building Management System related system elements such as HVAC
and Fire Alarms.
CNM wishes to qualify and award the highest ranked respondent to this RFP for Enterprise Building Access
Control & Installation services. It is CNM’s intent to award the highest qualified vendor with indefinite
quantity Price Agreement to perform the work for project #1 with the intent of standardizing this solution for
access control in all current and future buildings. The initial term of the resultant Price Agreement arising
from this Request for Proposals shall be for a one (1) year term. CNM reserves the option to renew the
resultant Price Agreement in accordance with New Mexico Statutes Annotated (NMSA), Section 13-1-150,
1978, contingent upon fiscal funding, contractor performance, if such renewal is found to be in the best
interests of CNM. Renewal options, if exercised, shall be exercised in one (1) year increments.
Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or
authorizations do not exist. Such termination will be effected by sending written notice to the contractor.
CNM’s decision as to whether sufficient appropriations and authorizations are available will be accepted by
the contractor as final.
Project #1 and future projects in additional to the award of price agreements are also contingent upon the
approval of internal and external governmental entities.
The contract between CNM and the successful proposer shall follow the format specified by CNM and contain
the terms and conditions set forth in “RFP Standard Terms and Conditions. CNM reserves the right to
negotiate with a successful proposer provisions in addition to those contained in this RFP. The contents of this
RFP, as revised and/or supplemented, and the successful proposer’s proposal will be incorporated into and
become part of the contract.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 17 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
Any resultant Price Agreement may be made available for use by other Institutions of Higher Education and
Central Purchasing Offices within the State of New Mexico. An Awardee of an Indefinite Quantity Price
Agreement established with CNM has the opportunity to market the resultant Price Agreement to other local
public bodies and state agencies under the State of New Mexico Public Purchases and Property Act, NMSA
1978, Article 1, Procurement, Section 13-1-129, “Procurement under existing contracts.” Any purchases and
transactions that take place under this allowance shall be between the Awardee and the respective Agency and
in no way shall be the responsibility of CNM. Any institution of higher education and central purchasing
office within the state of New Mexico other than Central New Mexico Community College utilizing this price
Agreement will be required to administer its own contract documents.
1.1
CNM INSTITUTIONAL INFORMATION:
CNM is the largest community college in the State of New Mexico providing year round instruction. CNM
has an enrollment of approximately 27,000 students in both the fall and spring semesters with approximately
15,000 students enrolled in the summer term. CNM serves its students at multiple campuses and locations as
well as through online distance learning and hybrid instruction. The college offers associate degrees and
certificates in a variety of subject areas. CNM Campus information is noted below and can be downloaded
from CNM’s website at http://cnm.edu/campus/index.php.
Main Campus (Main)
525 Buena Vista Drive SE
Albuquerque, NM 87106
Joseph M. Montoya (JMMC)
4700 Morris Avenue, NE
Albuquerque, NM 87111-3704
South Valley Campus (SVC)
5816 Isleta SW
Albuquerque, NM 87105
Westside Campus (Westside)
10549 Universe Blvd, NW
Albuquerque, NM 87114
Workforce Training Center (WTC)
5600 Eagle Rock Avenue, NE
Albuquerque, NM 87113
Rio Rancho Campus (RR)
2601 Campus Blvd, NE
Rio Rancho, NM 87144
Advanced Technology Center (ATC)
4700 Alameda Blvd, NE
Albuquerque, NM 87113
1.2
Buildings by Campus:
Building
Number
Building Name
Year Built
Total Building
Gross Square
Feet (GSF)
Campus
A0004
Administration Building (A Building)
1972
39,422
Main
J00T1
Basehart Temporary (BT)
1980
1,693
Main
R00R1
Basehart Temporary 1 (BT1)
1991
2,100
Main
R00R2
Basehart Temporary 2 (BT2)
1991
2,100
Main
Basehart Temporary 3 (BT3)
2006
1,810
Main
Basehart Temporary 4 (BT4)
2006
1,810
Main
1973/2012
33,660
Main
Culinary Arts / Bookstore Building
E0002
CNM Greenhouse
2000
600
Main
East Building (E Building)
1967
15,653
Main
C0014
Jeanette Stromberg Hall (JS)
1985
134,808
Main
P0009
Ken Chappy (KC)
1978
38,100
Main
M0000
Louis E. Saavedra Administration Building (LSA)
1926
10,959
Main
U0018
Max Salazar Hall (MS)
1991
89,696
Main
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 18 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
Building
Number
Building Name
Year Built
Total Building
Gross Square
Feet (GSF)
Campus
North Building (N Building)
1970
53,249
Main
W0002
Paint Storage
1978
353
Main
Public Safety Building (PS)
1979
5,516
Main
Roosevelt Temporary 1
Main
Roosevelt Temporary 2
Main
B0013
Smith Brasher Hall (SB)
1984
67,757
Main
S0007
South Building (S Building)
1975
24,980
Main
SOT10
South Temporary 10 (ST10)
1980
1,756
Main
SOT15
South Temporary 11 (ST11)
1980
1,778
Main
SOT18
South Temporary 12 (ST12)
1980
1,709
Main
SOT21
South Temporary 13 (ST13)
1980
1,810
Main
BOV22
South Temporary 14 (ST14)
1990
1,769
Main
BOV21
South Temporary 15 (ST15)
1990
1,769
Main
SOT25
South Temporary 16 (ST16)
1981
1,769
Main
SOT27
South Temporary 17 (ST17)
1981
1,769
Main
BOV25
South Temporary 180-181 (ST180-ST181)
1990
500
Main
TO145
South Temporary 101 (ST101) - Located south of Ted Chavez Temporaries
1980
1,809
Main
Student Resource Center (SRC)
2010
106,748
Main
Student Services Building (SSC)
1995
105,056
Main
Support Services / Physical Plant (PPD)
1998
52,258
Main
T0010
Ted Chavez Hall East (TC-E)
1978
24,210
Main
Ted Chavez Hall West (TC-W)
1973
86,933
Main
BOV24
Ted Chavez Temporary 140-141 (TC-T 140-141)
1990
1,656
Main
BOV23
Ted Chavez Temporary 142 (TC-T 142)
1990
1,777
Main
BOV20
Ted Chavez Temporary 145 (TC-T 145)
1990
1,797
Main
V0019
TO139
Ted Chavez Temporary 146 (TC-T 146)
1981
1,793
Main
BV026
Ted Chavez Temporary 148-149 (TC-T 148-149)
1981
1,809
Main
TO140
Ted Chavez Temporary 150-151 (TC-T 150-151)
1980
1,816
Main
TO147
Ted Chavez Temporary 152 (TC-T 152)
1981
900
Main
TO149
Ted Chavez Temporary 153 (TC-T 153)
1981
900
Main
BV155
Maintenance/Operations Temporary (TC-T ____)
1983
2,256
Main
W0001
West Building (W Building)
1966
23,258
Main
G Building
2008
24,220
JMMC
H Building
1979
55,569
JMMC
H0011
I Building
2003
41,630
JMMC
J0012
J Building
1980
37,337
JMMC
K0015
K Building
1987
31,674
JMMC
L0016
L Building
1988
33,010
JMMC
BV616
P Building
1981
5,089
JMMC
G0017
Tom Wiley Hall (TW)
1990
26,880
JMMC
JMMC Portable (Tax Help)
2011
1,800
JMMC
Michael J. Glennon Building (MJG)
2003/2010
85,718
Westside
Westside I (WSI)
2012
67,500
Westside
Westside II (WSII)
2008
53,773
Westside
R00R3
Westside Temporary 1 (WT001)
1991
2,021
Westside
R00R4
Westside Temporary 2 (WT002)
1980
1,778
Westside
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 19 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
Building
Number
Building Name
Year Built
Total Building
Gross Square
Feet (GSF)
S00V1
South Valley Building 1 (SV1)
1995
35,379
SVC
South Valley Building 2 (SV2)
2003
22,000
SVC
Rio Rancho Phase I (RRI)
2010
53,000
RR
Advanced Technology Center (ATC - 4700 Alameda)
2011
82,500
ATC
Alameda Phase I (4800 Alameda)
1991
81,600
ATC
Workforce Training Center (WTC)
2000
70,087
WTC
South Valley Temporary
1.3
Campus
SVC
EXISTING SOFTWARE AND SYSTEMS:
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
CNM’s Enterprise Resource Planning (ERP) system, Ellucian Banner system’s LDAP
Microsoft Active Directory.
Video Surveillance (Security Camera) system “Ocularis”
“Millennium System” Access Control Software at CNM’s Rio Rancho Campus
KABA 850 card reader locks at various CNM campus locations
CNM’s Wide Area Network (WAN) consists of scalable, Gigabit capable Metro Optical Ethernet (MOE)
circuits provided by Century Link. Connection speeds vary by campus ranging from 100Mbps for smaller
campuses to 700Mbps for Main Campus.
1.3.7 CNM’s horizontal distribution system comprises Category 6 cabling.
1.3.8 Honeywell Intrusion Alarm Panels, Vista Series, VISTA-4110XM, VISTA-40, VISTA-20SE REV.1,2,
VISTA-50P REV.1,2,3,4,5,6, VISTA-100 REV.3, Vista-20P rev.9, Vista50P rev,7,8,9, Vista-128 all rev.
1.3.9 Fire Alarm Panels including:
1.3.9.1
Edwards Systems Technology, Inc., Model EST-2
1.3.9.2
Fenwal Protection Systems
1.3.9.3
Fike, Model Cheetah
1.3.9.4
Ademco by Honeywell, Model 5110XM
1.3.9.5
Fire Lite by Honeywell, Models:
a. MP-2
b. MP-12
c. MP-24
d. MS-9600 ALL NEW AND RENOVATED BUILDING WILL USE THIS PANEL
e. Annunciator
1.3.9.6
Gamewell by Honeywell, Model Flex 404
1.3.9.7
Notifier by Honeywell, Models:
a. APF 200
b. SFP 400B
c. DRB 3
d. CRL-24
1.3.9.8
Silent Knight by Honeywell
1.3.9.9
Harrington Signal Inc., Model HS 3000
1.3.9.10
Microm Model FX2000
1.3.9.11
Mirtone Models Quickstart & Annunciator
1.3.9.12
Simplex Grinnel Models:
a. 4001
b. 4002
c. 4010
1.3.9.13
Siemens Models:
d. Cerberus Pyrotronics, CR-35 System 3
e. FS-250
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2.
SCOPE OF WORK
2.1 The scope of the initial project (Project # 1) is to implement the proposed Enterprise Access Control
system on sixty-seven (67) exterior doors at six (6) buildings on multiple CNM campuses by August
1, 2013. These buildings are identified in the below table, and highlighted in the above table. These
buildings are under construction, recently constructed or were recently renovated. By responding to
this RFP, your firm is acknowledging that you have had the opportunity to review the requirements
in this scope of work and have all necessary requirements required by local, state and federal
jurisdictions to perform this work. Any limitations or discrepancies must be fully disclosed to CNM
in your response.
CNM CAMPUS
Joseph M. Montoya (JMMC)
Joseph M. Montoya (JMMC)
Main
Main
Main
Westside
BUILDING
Tom Wiley (TW)
H
Culinary Arts / Bookstore Building
Jeannette Stromberg (JS)
Student Resource Center (SRC)
WS1
NUMBER OF DOORS
Four (4)
Sixteen (16)
Four (4)
Twenty-one (21)
Ten (10)
Twelve (12)
The types of doors at the six (6) locations noted above include Store Front, Metal, and Sliding Glass. Again,
Offerors are STRONGLY recommended to attend the pre-proposal meeting and Walk-through.
The proposed Enterprise Access Control system shall be capable of providing centralized lock management
with the ability to provide limited distributed management of building and room access across all of CNM
campuses across Central New Mexico. The proposed solution (all software applications, equipment and
associated computer hardware) shall perform all proposed functions on CNM’s existing enterprise data
network infrastructure. The implementation of (Project # 1) must be fully functional and completely
operational, delivered on a “turnkey basis” by August 1, 2013.
The proposed solution shall be scalable. CNM’s intent is to perform a college-wide implementation on all
remaining identified exterior doors and identified buildings in a multi-year phased approach. The proposed
solution will become CNM’s standard for all CNM buildings internal and external doors as CNM performs
building renovations and upgrades. In addition, CNM desires to implement a solution that is scalable in terms
of functionality incorporating functionality of a robust Enterprise Building/Security Management System.
CNM desires the proposed solution to integrate with existing technologies such as CNM’s Enterprise Resource
Planning (ERP) system “Ellucian Banner” (LDAP) / Microsoft Active Directory; Video Surveillance (Security
Camera) system “Ocularis”, various manufacturer’s Fire Alarm panels, and Honeywell Intrusion Alarm Panels.
Offerors shall describe the feasibility of leveraging existing “Millenium System” Access Control software and
existing KABA 850 card reader locks.
The awarded vendor may be responsible for the development of standards and requirements manual for an
institutional Building Automation/Management System that includes integration of energy management
systems, mechanical systems, access control systems, emergency management/notification, and emergency
broadcast and display systems for all CNM facilities and locations. The comprehensive standards manual shall
be formatted to CSI Master Format 2004 and based on relevant codes, ordinances, industry best practices and
CNM requirements including construction documents and bid specifications for access control installation.
2.1.1
GENERAL REQUIREMENTS
2.1.1.1 The Enterprise Access Control system shall be Commercial-Off-The-Shelf (COTS) solution.
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2.1.1.2 The System shall be capable of full centralized management and administration with controls and alerts with
the ability to provide limited distributed management capabilities at remote sites
2.1.1.3 The System shall be capable of performing remote locking and unlocking of building entrances on any CNM
campus from single central location.
2.1.1.4 The system shall be Enterprise Class and scalable in single door increments using only single door controllers
without incurring additional costs once the initial software is purchased.
2.1.1.5 Access Cards shall be capable of storing ERP information such as Employee ID.
2.1.1.6 It is highly desirable that the System should be compliant with Common Alert Protocol (CAP).
2.1.2
INTEGRATION
2.1.2.1 The proposed solution should be capable of integrating with CNM’s Enterprise Resource Planning (ERP)
system, Ellucian Banner system’s LDAP.
2.1.2.2 The proposed solution should be capable of integrating with CNM’s Microsoft Active Directory.
2.1.2.3 The System shall have the ability to operate on CNM’s existing enterprise data network infrastructure, all
software applications, equipment and associated computer hardware must be able to perform all proposed
functions on CNM’s existing technology infrastructure.
2.1.2.4 The proposed solution should be capable of integrating with CNM’s current Video Surveillance “Ocularis”
system.
2.1.2.5 The proposed solution should be capable of integrating with CNM’s current Honeywell Intrusion Alarm
System.
2.1.3
ACCESS CONTROL AND LOCK MANAGEMENT
2.1.3.1 The System shall provide robust tools for door access management. The system must provide multiple
configurations for door access management. Accommodation of compound access privileges and multiple
facility code use are required. Real time updates for access along with event changes such as timed door
control, programmable holidays, lock/unlock, group or global lockout, and emergency system lockdown.
Desirable functionality is integrated surveillance video components, temperature surveillance, virtual door
support and elevator support.
2.1.3.2 The System must be configured to maintain continuous operational performance ensuring maximum
availability.
2.1.3.3 The System must also include sufficient disaster recovery provisions to preclude the loss of data under nearly
any circumstance.
2.1.3.4 Data Security and Integrity shall meet industry standard security best practices.
2.1.3.5 It is desirable that the proposed solution is capable of functioning using both a wired and wireless connectivity.
2.1.3.6 It is highly desirable that the hardware be deployed in a fashion in which a single IP address will be used to
control multiple devices (door latches, alarm sensors, lighting, temperature, etc.).
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2.1.3.7 In the event of a network failure, each door controller must be capable of running autonomously without
relying on the server or head-end controller to operate. At no time shall the controller resort to a degraded
mode or to simply lock the door until communications is re-established.
2.1.3.8 The system shall be capable of using proximity cards. CNM desires tri-technology card capable of involving
HID Proximity, Hi-Co Mag-Stripe, and a read/writeable mifare smart-card.
2.1.3.9 It is desirable that the system be capable of two (2) Factor Authentication.
2.1.3.10 The System shall be capable of providing robust reporting such that the end user is able to retrieve and print
system related activity and transactions.
2.1.3.11 The System should be capable of providing real-time monitoring and tracking of cardholder and alarm
transactions. The system shall have the ability to display graphical floor plans with alarm activations on a
separate alarm monitoring screen for on campus security personnel.
2.1.3.12 The System software shall have the capability to provide an unlimited number of partitions in the database to
segregate the individual tenants on campus. Each tenant group must have the ability to be completely isolated
from another group.
2.1.3.13 It is desirable for the Contractor to provide a test system in order for CNM to load test data and evaluate
features prior to moving into production. Please include an optional line item in the Cost Proposal.
2.1.4
INSTALLER QUALIFICATIONS
2.1.4.1 The Contractor’s cable and lock installers shall;
2.1.4.1.1
Be factory trained and certified in the installation of both the hardware and software for a period not less
than 5 years.
2.1.4.1.2
Adhere to wiring standards outlined in CNM’s Cable Infrastructure Standards Manual (CISM). CNM’s
CISM is located at: http://www.cnm.edu/depts/its/aboutcit/InfrastuctureCISMdownload.html
2.1.4.1.3
Be licensed and bonded by State of New Mexico. EE-98 licensing shall be required for installation all
electrical components. Installer shall be responsible for determining and obtaining all applicable permits
for installation.
2.1.4.1.4
All Vendors conducting work for CNM shall be required to maintain a State of New Mexico approved
discipline licensing dictated by the project which could involve electrical and or low voltage construction.
All Vendors conducting work at CNM shall also maintain proper state taxation CSR number for tax
purposes.
The Vendor performance of the work shall comply with applicable federal, state, and local laws, rules, and
regulations. The Vendor shall give required notices, shall procure necessary governmental licenses,
permits and inspections, and shall pay without burden to CNM, all fees and charges in connection
therewith unless specifically provided otherwise. In the event of violation, The Vendor shall pay all fines
and penalties, including attorney’s fees, and other defense costs and expenses in connection therewith.
2.1.4.1.5
Contractor shall utilize BICSI certified technicians for all cable installations. Cable installations shall be
performed under the supervision of a BICSI certified RCDD.
2.1.4.1.6
Provide cut sheet specifications.
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2.1.4.2 Installing company must demonstrate that they have previous experience with similar sized installations using
the same or similar equipment as specified in this RFP.
2.1.4.3 The Contractor should be able to support a phased implementation approach. The initial phase is to address
core requirements.
2.1.4.4 The System must be capable of utilizing CNM’s existing technology infrastructure.
2.1.5
TRAINING
2.1.5.1 The awarded vendor shall include comprehensive training on the supplied System. Training shall be onsite at
CNM facilities for:
2.1.5.1.1
Hardware Training for technical personnel in the use of hardware. Provide training and documentation
step-by-step instruction in operation, troubleshooting, backup and recovery procedure.
2.1.5.1.2
Functional (Software) Training for appropriate technical and functional personnel in use of the software.
Provide training, documentation and step-by-step instructions for each operational area, i.e. (but not
limited to) Residence Life procedures (change building assignment, add additional areas of authorized
entry, etc.), Campus Police (silence alarms, test for manually unlocked doors, etc.), facilities, ID Card
Center (make new cards, replacement cards, lost cards, etc.). Reporting, pre-written reports as requested
by CNM after award, at least 10 reports. Include the code, launching instructions, modification
instructions, how to schedule reports.
2.1.5.1.3
System Level Training for technical personnel system configuration, data integration, data population,
system monitoring, database schema, and other appropriate training to system level technical personnel as
identified by CNM. Database training in searching the database, both for locating information at the field
level and for extraction and reporting.
2.1.6
SUPPORT AND MAINTENANCE
2.1.6.1 The awarded vendor shall be required to enter a multiple year Maintenance and Support Agreement with
renewals.
2.1.6.2 The support and maintenance contract shall include software updates for all System elements.
2.1.6.3 The Maintenance and Support Agreement shall include unlimited user support toll-free phone support on a
7x24x365 basis including holidays.
2.1.6.4 The Maintenance and Support Agreement shall include unlimited user support via email and internet on a
7x24x365 basis including holidays.
2.1.6.5 Onsite Support - If on-site technical assistance is required, the qualified technician(s) should arrive on site
within two (2) hours of initial call unless CNM chooses a later arrival.
2.1.6.6 All necessary repairs or corrections should be completed within eight (8) hours of initial notification.
2.1.6.7 The awarded Contractor shall maintain an office and system spare parts inventory within 80-miles from
CNM’s Main Campus located at 525 Buena Vista Drive SE, Albuquerque, NM 87106
2.1.6.8 The Contractor must provide an adequate number of spare parts on site to minimize equipment failure down
time. The Contractor will work with CNM to determine an appropriate list of parts and create a spare parts
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inventory. As parts are used from the spare parts inventory, they should be replenished within one week by the
Contractor.
2.1.6.9 Upon completion of any service/maintenance call, the Contractor shall provide the agency with a signed
service report (hard copy or email) that includes at least: a general statement of the problem, action taken,
materials or parts used, number of hours required to complete the repairs, and the technicians’ names
performing the services.
2.1.6.10 End of Life (EOL) System elements and/or software no longer supported shall be replaced by the awarded
vendor with current form, fit, and functional products at no cost to CNM. If this service is not provided as part
of the offeror’s standard Support and Maintenance Contract, please identify any additional cost required for
meeting this OPTIONAL request in 3.3.4.
2.1.6.11 The awarded vendor and staff shall be required to sign a Non-Disclosure Agreement as required for
maintenance and support requiring external access to CNM’s technology resources.
2.2
MINIMUM QUALIFICATIONS
2.2.1
Offerors shall provide proof of demonstrated experience with the design, integration, and implementation of
similar Lock-down (Enterprise Access Control) systems.
3
EVALUATION CRITERIA
3.1 STEP 1: Written proposals shall be reviewed and evaluated in accordance with the evaluation criteria established
below per 3.5.3.1 Section I. through 3.5.3.4 Section IV. CNM reserves the right to reject all offers and issue a new
RFP if necessary. An evaluation committee shall evaluate written proposals based on the weighted evaluation
criteria. Rankings will be based upon an average tabulation of all individual committee member scores.
If interviews are not conducted, then the score based ranking shall be the basis for awarding the top scored
Offeror.
3.2 STEP 2 (optional):
If interviews are to be conducted, then the score based rankings of the written offers shall be used as the basis
to create a short list of those top ranked firms. Interviews shall be scored in accordance with the evaluation
criteria taking into account the information provided in the written response and any additional questions
related to the scope of the RFP. Additional questions related to the scope of this RFP may be submitted to
shortlist in advance or during interviews.
Information and/or factors gathered during interviews, negotiations, and any reference checks, in addition to
the evaluation criteria rankings, may be utilized in the final award decisions. References may or may not be
reviewed at the discretion of CNM. CNM reserves the right to contact references other than, or in addition to,
those furnished by a Respondent.
Final rankings will be based upon an average tabulation of all individual committee member scores after
interviews and will not be averaged with STEP 1 scores.
3.3 CRITERIA
3.3.1
SECTION I. CAPACITY, CAPABILITY, KNOWLEDGE, BACKGROUND AND EXPERIENCE - 25
POINTS POSSIBLE
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A) Confirm your firm’s ability to guarantee Project # 1 completion by August 1, 2013. Disclose any
limitation or requirements of CNM in order to achieve this deadline.
B) Provide a brief narrative describing the history of your firm. Identify the number of employees in your
firm, the ownership and if the company has ever filed bankruptcy, been in loan default, or if there are any
pending liens, claims or lawsuits against the firm.
C) Provide demonstrated experience that supports your firms’ ability to perform the services identified in the
goals and intent of this RFP.
INSTALLER QUALIFICATIONS
a. Identify the factory trained and certified hardware and software team resumes showing at least 5
years’ experience for the type of product being installed.
b. Confirm that the installation work performed shall adhere to wiring standards outlined in CNM’s
Cable Infrastructure Standards Manual (CISM).
c. Confirm that your firm is licensed and bonded by State of New Mexico. Identify the license
type(s) and license numbers held by your firm.
d. Confirm your firm’s State of New Mexico approved discipline licensing dictated by the project,
adherence to applicable federal, state, and local laws, rules, and regulations, and that your firm
shall procure necessary governmental licenses, permits and inspections, and shall pay without
burden to CNM, all fees and charges in connection therewith unless specifically provided
otherwise. Confirm that in the event of a violation, your firm shall pay all fines and penalties,
including attorney’s fees, and other defense costs and expenses in connection therewith.
e. Confirm your firm’s adherence using BICSI certified technicians for all cable installations and
that installations shall be performed under the supervision of a BICSI certified RCDD. Include
BISCI certificates for all installers and your firm’s RCDD.
f. Describe your firm’s ability to support phased implementation with the initial phase (Project # 1)
to address core requirements.
SUPPORT AND MAINTENANCE
a. Confirm your firm’s ability to enter a multiple year Maintenance and Support Agreement with
renewals. Clarify your relationship for support and maintenance with all hardware and software
manufacturer(s) of your solution.
b. Confirm that the support and maintenance contract includes software updates for all System
elements.
c. Describe whether Maintenance and Support Agreement includes unlimited user support via tollfree phone support on a 7x24x365 basis including holidays.
d. Describe whether Maintenance and Support Agreement includes unlimited user support via email
and internet on a 7x24x365 basis including holidays.
e. Describe the Onsite Support that is provided. Identify whether on-site technical assistance
provided by the qualified technician(s) includes arrival on site within two (2) hours of initial call
from CNM (unless CNM chooses a later arrival). If not, what is the guaranteed response time
provided?
f. Confirm whether all necessary repairs or corrections are completed within eight (8) hours of
initial notification. If not, what is the guaranteed response time provided?
g. Confirm the office address where system spare parts inventory are held within 80-miles from
CNM’s Main Campus located at 525 Buena Vista Drive SE, Albuquerque, NM 87106.
h. Identify how the total number of spare parts are calculated, and confirm that an adequate number
of spare parts are retained by the Contractor at the local facility (within 80 miles of CNM) shall be
maintained on a continual basis when a maintenance agreement is in effect. Confirm that as parts
are used from the spare parts inventory, they will be replenished within one week by the
Contractor
i. Confirm that upon completion of any service/maintenance call, the Contractor shall provide the
agency with a signed service report (hard copy or email) that includes at least: a general statement
of the problem, action taken, materials or parts used, number of hours required to complete the
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repairs, and the technicians’ names performing the services. Submit a sample report with your
response.
j. Identify whether End of Life (EOL) System elements and/or software no longer supported will be
replaced by the awarded vendor with current form, fit, and functional products at no cost to CNM.
If this service is not provided as part of the offeror’s standard Support and Maintenance Contract,
then please identify any additional cost required for meeting this OPTIONAL request in 3.3.4.
k. Confirm your firm’s agreement that all Contractor’s assigned staff requiring access to CNM’s
technology resources will sign a Non-Disclosure Agreement (NDA). Contractor’s staff that will
not require access to CNM’s technology resources will not be required to sign the NDA.
D) Identify all engineering or other disciplines needed to fulfill the services.
a. Identify the number of resources within your firm for each discipline
E) State the name, title or position, telephone number and e-mail address of the individual who would have
primary responsibility for the potential project services resulting from this RFP.
F) Identify names, responsibilities, qualifications and location(s) of staff who will be assigned to the projects.
CNM may at CNM’s sole discretion request removal and replacement of any of the Contractor’s staff not
meeting performance requirements. Changes to staff assigned to projects made by the Contractor must be
mutually agreed to by the Parties.
G) Identify names, responsibilities, qualifications and location(s) of subcontractors and/or consultants who
will be assigned to the projects. All changes to personnel assigned to projects must be mutually agreed to
by the parties. The project requires the firm submitting the proposal to have an EE-98 or any
subcontracted construction work must include the name and division of work to be provided. Any
subcontracted work not listed above the listing threshold of $5000.00 must be self-performed and proof of
licensure.
H) Identify your current project load, and maximum project capacity.
I)
Provide an organizational chart of your firm indicating lines of authority for personnel involved in
performance of this potential contract and relationships of this staff to other programs or functions of the
firm. This chart must also show lines of authority to the next senior level management.
J) Describe the internal controls to be used during the course of the project services.
K) Describe if your firm has had a contract terminated for default in the last five (5) years. Termination for
default is defined as notice to stop performance due to the Offeror's non-performance or poor performance
or if the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b)
litigated and such litigation determined that the proposer was in default. Submit full details of their terms
for default including the other parties’ name, address, and telephone number. Present the Offeror’s
position on the matter. CNM will evaluate the facts and may, at its sole discretion, reject the proposal on
the grounds of the past experience. Indicate if no such termination for default has been experienced by the
Offeror in the past five (5) years.
3.3.2
SECTION II. PROPOSED IMPLEMENTATION PLAN - 35 POINTS POSSIBLE
A) Submit a detailed proposal identifying your approach for developing an implementation plan that will
allow CNM to deploy a lock-down system (Enterprise Access Control) at the specified CNM buildings
and campuses identified for Project # 1 meeting the requirements stated in paragraphs 2. through 2.2.1,
including the deadline of August 1, 2013. The information provided must be in sufficient detail to convey
to the evaluation committee the Offeror’s knowledge of the subjects and skills necessary to perform the
services as described in the RFP.
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B) Describe whether your firm’s experience is limited to working with a specific manufacturer’s
brand/product or whether your firm’s experience is with any/all brand/product types of hardware and
software products currently available. Provide detailed information on Lock-Down software type(s),
proximity locks, cabling, control devices, etc.
GENERAL REQUIREMENTS:
C) Identify the Commercial-Off-The-Shelf (COTS) Enterprise Access Control system solution being offered
and clarify any proprietary components such as cabling, locks, etc., that are required for use with the
offered system
D) Describe the System’s capabilities in providing full centralized management and administration with
controls and alerts with the ability to provide limited distributed management capabilities at remote sites.
E) Confirm that the System is capable of performing remote locking and unlocking of building entrances on
any CNM campus from single central location. Clarify all user access to the system that is available other
than via the master control workstation. For example, can the system be accessed by laptop computer via a
wireless connection? If so, is this done via a browser interface or must specific software be installed on
the laptop. Can other devices such as iPads be used for interface with the System. If so, how?
F) Describe the System’s scalability. Identify whether the software solution offered includes connection to
all doors, any limitation to the number of doors that may be connected to the system, and whether the
addition of doors to the system will incur a per door fee. Per door fees shall be disclosed in Section 3.3.4.
G) Describe the proposed proximity door locks being offered. Confirm all data that can be stored within the
card, any limitations to what data can be stored, how the card is programmed, and whether Access Cards
are capable of storing ERP information such as Employee ID.
H) Explain the necessary interface needed to connect the Enterprise Access Control system across ALL CNM
campuses and buildings. Identify any limitations or restrictions that may apply.
I)
Describe whether the System is compliant with Common Alert Protocol (CAP), and if so, to what extent.
INTEGRATION
J) Describe whether the proposed solution is capable of integrating with CNM’s Enterprise Resource
Planning (ERP) system, Ellucian Banner system’s LDAP. Identify how this is achieved, how data is
transferred between the Lock-down system and Banner’s LDAP, and any limitations. Identify the total
number of successful integrations performed with previous customers.
K) Describe whether the proposed solution is capable of integrating with CNM’s Microsoft Active Directory.
Identify the total number of successful integrations performed with previous customers.
L) Confirm that the System has the ability to operate on CNM’s existing enterprise data network
infrastructure. Equipment and associated computer hardware will be provided by CNM; however, Offeror
shall provide optimal system specifications for the PC Workstation(s), Servers, and Data Storage.
M) Describe whether the proposed solution is capable of integrating with CNM’s current Video Surveillance
“Ocularis” system. If so, describe what may be integrated and any limitations.
N) Describe whether the proposed solution is capable of integrating with CNM’s current Honeywell Intrusion
Alarm system. If so, describe what may be integrated and any limitations
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O) Describe the whether the proposed solution is scalable to include Security Management Capabilities. If
so:
a. Is the system capable of providing and recording facility intrusion alerts and alarms?
b. Is the system capable of providing alerts and notifications through a variety of communications
including but not limited to,
i. Central management console alerts and notification alarms.
ii. Email notifications via CNM’s Microsoft Exchange email environment.
iii. Phone/Voice Notifications via CNM’s “Avaya” Enterprise voice system.
iv. Individual callouts to pagers or cell phones
c. Is the System capable of recording and storing facility and room access history?
d. Is the System capable of providing and recording facility monitoring alerts?
P) Describe the whether the proposed solution is scalable to include Building Management Capabilities. If
so:
a. Is the System capable of managing disparate HVAC Systems?
b. Is the System capable of providing utilization report for disparate HVAC Systems?
Q) Describe the whether the proposed solution is scalable to include Environmental Alerts and Notifications.
If so, can this be provided for:
a. Water and/or Leak detection?
b. Smoke detection?
c. Heat and Cooling (temperature) alerts?
ACCESS CONTROL AND LOCK MANAGEMENT
R) Describe the robust tools for available for door access management, including multiple configurations for
door access management, accommodation of compound access privileges, multiple facility codes, real
time updates for access along with event changes such as timed door control, programmable holidays,
lock/unlock, group or global lockout, and emergency system lockdown. Identify whether the software
includes or may be upgraded to include additional functionality such as integrated surveillance video
components, emergency broadcast, temperature surveillance, virtual door support and elevator support.
S) Confirm that the System is designed for continuous operation and describe what the maximum system
availability is and how this is achieved (hardware, software, etc.)
T) Describe the System’s disaster recovery provisions and how it precludes the loss of data under nearly any
circumstance.
U) Describe how the System meets industry standards and security best practices for Data Security and
Integrity.
V) Identify whether the System is capable of functioning using both a wired and wireless connectivity.
Identify the wireless products needed and whether brand specific products are needed or not.
W) Describe whether the hardware can be deployed in a fashion in which a single IP address will be used to
control multiple devices (door latches, alarm sensors, lighting, temperature, etc.).
X) In the event of a network failure, describe whether each door controller is be capable of running
autonomously without relying on the server or head-end controller to operate. Identify whether the
controller resorts to a degraded mode or to simply lock the door until communications is re-established.
Y) Describe whether the proposed solution can leverage CNM existing investments of the “Millennium
System” Access Control at CNM’s Rio Rancho Building and the KABA 850 card reader locks. For
example, can the proposed Lock-down system integrate with either of these existing products? If so, what
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 29 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
are the limitations?
Z) Describe the type of proximity cards being offered. Confirm whether they are tri-technology card capable
of involving HID Proximity, Hi-Co Mag-Stripe, and a read/writeable mifare smart-card.
AA)
Clarify if the System is capable of two (2) Factor Authentication.
BB)
Describe the System’s robust reporting capabilities such that the end user is able to retrieve and
print system related activity and transactions. Identify the report formats that are available (e.g.,
Excel, CSV, PDF, Word, etc.)
CC)
Describe the System’s real-time monitoring and tracking of cardholder and alarm transactions.
Identify whether the system has the ability to display graphical floor plans with alarm activations on a
separate alarm monitoring screen for on campus security personnel.
DD)
Describe the System’s software capability to provide an unlimited number of partitions in the database
to segregate the individual tenants on campus and whether each tenant group has the ability to be
completely isolated from another group.
EE)
Describe whether your firm will provide a test system in order for CNM to load test data and evaluate
features prior to moving into production. If so, identify whether this is available free of charge or
whether it is an option at additional cost. If optional add additional cost, identify this cost in Section
3.3.4.
TRAINING
FF)
Describe the comprehensive training provided to CNM on the supplied System.
a.
GG)
Confirm that training shall be onsite at CNM facilities for:
i. Hardware Training for technical personnel in the use of hardware. Identify whether
training and documentation includes step-by-step instruction in operation,
troubleshooting, backup and recovery procedure.
ii. Functional (Software) Training for appropriate technical and functional personnel in use
of the software. Confirm that training, documentation and step-by-step instructions are
provided for each operational area. Identify all operational areas included and confirm
the following;
1. Residence Life procedures (change building assignment, add additional areas of
authorized entry, etc.)
2. Campus Police (silence alarms, test for manually unlocked doors, etc.)
3. Facilities
4. ID Card Center (make new cards, replacement cards, lost cards, etc.).
5. Reporting, pre-written reports as requested by CNM after award, at least 10
reports. Include the code, launching instructions, modification instructions, how
to schedule reports.
6. All other areas (please specify all available/provided)
iii. System Level Training for technical personnel system configuration, data integration,
data population, system monitoring, database schema, and other appropriate training to
system level technical personnel as identified by CNM. Database training in searching
the database, both for locating information at the field level and for extraction and
reporting.
Describe what your firm considers major challenges that will be faced in this project and your firm’s
approach to overcoming those challenges.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 30 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
HH)
Describe the types of services that would be provided during the project. Explain how your services
will enhance the service of performing projects.
II)
Discuss the information and support that would be required from CNM.
JJ)
Identify any subcontractors which would be used during this project and describe their role(s).
KK)
Provide a time frame, breaking the project into tasks, milestones, and deliverables.
LL)
Describe any other related services offered by your firm that CNM may wish to consider.
3.3.3
SECTION III. REFERENCES - 10 POINTS POSSIBLE
List up to five (5) contracts the Offeror may have had with institutes of higher education or businesses of
similar size and Lock-down (Enterprise Access Control) complexity during the last five (5) years that relate to
the Offeror’s ability to perform the service(s) as requested in this RFP. List by company all elements of the
integrated components implemented by that company (e.g., Lock-down/access control systems, energy
management systems, mechanical systems, emergency management/notification, and emergency broadcast and
display systems, etc.), contract reference numbers, project name/title, contract amount, contract period of
performance, date of completion, contact person’s name, title, address, E-mail address and web address. By
responding to this RFP, the Offeror grants permission to CNM to contact the references. NOTE: ALL
REFERENCES WILL BE CONTACTED BY EMAIL, SO PLEASE BE SURE TO INCLUDE THE
CONTACT’S EMAIL ADDRESS. Do not include CNM as a reference.
3.3.4
SECTION IV. ECONOMY AND PRICE - 30 POINTS POSSIBLE
Proposals should include all charges associated for services requested. Provide rates of all individuals who
may work on the services identified in this proposal. Additional charges, if required, for various types of help
(telephone support, on-site-support) should also be included.
The proposal to perform all work associated with Project # 1 shall be offered with Not-to-Exceed (NTE)
pricing for each phase of the project plan, broken down into specific hours at fixed hourly rates for each
milestone event, and shall identify all costs including, if required, travel and associated travel expenses (per
CNM’s Travel Policy – see Exhibit C) to perform the services to accomplish the work as described in the
scope of work.
In addition to this, the Contractor shall include pricing for the following:
A. Proposed Software License(s). Identify ALL software licenses and types needed (e.g., Enterprise SW
license, Workstation license, Door license, etc. Identify any limits on number of doors that can be
connected.
B. Connection fee (if any) per door. Identify if this is a one-time fee, or a recurring fee. If recurring, provide
details.
C. Yearly software maintenance fee express in dollars and as a percentage of the software price. Confirm
whether yearly maintenance is based on the total software price or if this is determined in some other
fashion.
D. All major hardware necessary to install the system including but not limited to:
a. Proximity Door Locks
i. Aluminum & Glass Store Front
ii. Metal Door
iii. Solid Wood Door
iv. Sliding Glass Door
b. IP based Controller at door (if applicable)
c. IP based Controller at central location (if applicable)
d. Proximity Cards
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 31 of 56
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-331
e. Cabling per roll
E. Minimum percent discount from list pricing on the above software, licensing and hardware for future
purchases made as required on follow-on Projects.
F. Optional cost to replace EOL equipment, if not covered under the Maintenance Agreeement.
G. Cost (if applicable) for test system for CNM to perform load testing prior to Go Live or Systems
Upgrades.
If the price or hourly rates are to change in subsequent yearly contract renewals, indicate the maximum annual
increase per year, expressed as a percentage. Cost increase/adjustments will only be reviewed once a year at
time of renewal. If contractor requests a price adjustment/increase supporting documentation must accompany
the request.
The quoted hourly rates offered in response to this RFP may be decreased for future projects on a project-byproject basis upon written mutual agreement between the awarded Price Agreement holder and CNM.
Costs for Services required for which the successful Offeror does not identify shall be borne by the Offeror and
will shall not be charged to CNM. Indicate for what period of time these costs will be effective.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 32 of 56
SECTION E: SIGNATURE OF FIRM'S AUTHORIZED REPRESENTATIVE
By signing below, contractor acknowledges that it is a competent firm capable of providing the items and/or services
requested, is properly licensed for providing the items or services specified, has read this Request for Proposals
(RFP), understands it, and agrees to be bound by its terms and conditions. Contractor hereby agrees to furnish items
and/or services, at the prices quoted, pursuant to all requirements and specifications contained in this document,
upon receipt of an authorized purchase order from the purchasing department, and further agree that the language of
this document shall govern in the event of a conflict with its bid. The undersigned, being duly authorized to sign
bidding documents and act on behalf of the contractor in an official capacity, certifies that the items and/or services
offered on this RFP meets or exceeds all specifications, terms and conditions as described in this RFP without
exceptions. I understand that items and/or services not meeting all specifications, terms and conditions will be
rejected and all costs shall be borne by the contractor.
Please fill in all spaces below:
Legal Company Name
Address
City, State, Zip
Phone Number
FAX Number
Email
Contact Person for Clarification of Bid Response
NM Tax ID
Federal Tax ID
Applicable NM License Numbers
ALL NEW MEXICO LICENSE NUMBERS LISTED HEREIN OR PURPORTED BY THE VENDOR MUST BE
ISSUED IN THE OFFERING FIRM’S LEGAL COMPANY NAME. LICENSE NUMBERS LISTED UNDER A
NAME OTHER THAN THE LEGAL COMPANY NAME MAY RENDER THE OFFER AS BEING NONRESPONSIVE. NON-RESPONSIVE OFFERS WILL NOT BE CONSIDERED FOR AWARD.
OFFERORS WISHING TO RECEIVE THE RESIDENTIAL PREFERENCE AS APPLICABLE PER NMSA 131-21 MUST SUBMIT A VALID RESIDENTIAL PREFERENCE CERTIFICATE WITH THEIR SEALED
RESPONSE.
OFFERORS WISHING TO RECEIVE THE VETERAN RESIDENT BUSINESS PREFERENCE AS
APPLICABLE PER NMSA 13-1-22 MUST SUBMIT A VALID RESIDENT VETERAN’S PREFERENCE
CERTIFICATE WITH THEIR SEALED RESPONSE.
Acknowledgment of Amendment/Addendum
Specify Number(s) and Date(s)
#
date
#
date
#
date
#
date
#
date
Signature of Member Authorized to Sign for Firm
Printed/Typed Name and Title of Individual Signing
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 33 of 56
SECTION F: DEBARMENT/SUSPENSION STATUS & NON-COLLUSION AFFIDAVIT FORM
DEBARMENT/SUSPENSION STATUS
1. The vendor/contractor certifies that it is not suspended, debarred or ineligible from entering into
contracts with the Executive Branch of the Federal Government, or in receipt of a notice of proposed
debarment from any State agency or local public body.
2. The vendor/contractor agrees to provide immediate notice to CNM's Purchasing Department in the
event of being suspended, debarred or declared ineligible by any State or Federal department or
agency, or upon receipt of a notice of proposed debarment that is received after the submission of this
bid but prior to the award of the purchase order/contract.
NON-COLLUSION AFFIDAVIT
The undersigned, duly authorized to represent the persons, firm and/or corporation joining and
participating in the submission of the foregoing bid (such persons, firm and/or corporation hereinafter
being referred to as the vendor/contractor), being duly sworn, on his/her oath, states that to the best of
his/her belief and knowledge no person, firm, or corporation, nor any person duly representing the same
joining and participating in the submission or the foregoing bid/proposal, has directly or indirectly entered
into any agreement or arrangement with any other vendor/contractors, or with any employee of CNM, or
any person, firm or corporation under contract with CNM whereby the contractor, in order to induce the
acceptance of the foregoing bid by CNM has paid or is to pay any other vendor/contractor or to the
aforementioned persons anything of value whatsoever, and that the vendor/contractor has not directly or
indirectly entered into any agreement or arrangement with any other vendor/contractor which tends to or
does lessen or destroy free competition in the letting of the contract sought for by the foregoing bid.
CERTIFICATION
The undersigned hereby certifies that he/she has read the above Non-Collusion Affidavit and
Debarment/Suspension Disclosure Statement and that he/she understands and will comply with these
requirements. The undersigned further certifies that he/she have the authority to certify compliance for the
vendor/contractor named below.
Signature
Printed/Typed Name
Title
Date
Legal Company Name
Address
City/State/Zip
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 34 of 56
SECTION G: RESIDENT VETERANS PREFERENCE CERTIFICATION
__________________________________________ (NAME OF CONTRACTOR) hereby certifies the following in
regard to application of the resident veterans' preference to this procurement:
PLEASE CHECK ONLY ONE BOX FROM THE FOUR (4) CHECK BOXES LISTED BELOW:
 I declare that my firm is ineligible to receive New Mexico Resident Veterans Preference.
The following three (3) checkboxes are applicable to ONLY those vendors eligible to receive New Mexico
Resident Veterans Preference AND who have included a valid New Mexico Resident Veterans Preference
certificate with their sealed response. No preference will be extended unless a valid certificate is included in
your sealed response. Submitted certificates shall be validated by CNM with New Mexico Tax & Revenue.
 I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is
less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false
or misleading information about this fact constitutes a crime.
 I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is
more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that
knowingly giving false or misleading information about this fact constitutes a crime.
 I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is
more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving
false or misleading information about this fact constitutes a crime.
"I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department
declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31,
the following to be true and accurate:
"In conjunction with this procurement and the requirements of this business' application for a Resident
Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA
1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the
State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the
report the award amount as a purchase from a public body or as a public works contract from a public body as the
case may be.
"I understand that knowingly giving false or misleading information on this report constitutes a crime."
I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false
or misleading statements about material fact regarding this matter constitutes a crime.
______________________________________________________________________________
(Signature of Business Representative)*
(Date)
*Must be an authorized signatory for the Business.
The representations made in checking the boxes constitutes a material representation by the
business that is subject to protest and may result in denial of an award or unaward of the
procurement involved if the statements are proven to be incorrect.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 35 of 56
EXHIBIT A: INSURANCE REQUIREMENTS
CERTIFICATES OF INSURANCE
The AWARDED Contractor shall furnish UPON REQUEST, one copy each of Certificates of insurance herein required for each copy of
the resultant Agreement, showing the coverage, limits of liability, covered operation, effective dates of expiration of policies of Insurance
carried by the Contractor. The Contractor shall furnish to the Owner copies of limits. The Certificates of Insurance shall be in the form of
AIA Document G-705 or similar format acceptable to the Owner. Such certificates shall be filed with the Owner and shall also contain the
following statements:
1.
The Governing Board of Central New Mexico Community College, Central New Mexico Community College, its agents,
servants and employees are held as additional insured.
2.
"The insurance coverage certified herein shall not be canceled or materially changed except after forty five (45) days
written notice has been provided to the Owner."
COMPENSATION INSURANCE:
The Contractor shall procure and shall maintain during the life of any resultant agreement Worker's Compensation insurance as required by
applicable State law for all of the Contractor's employees to be engaged at the site referred to in this solicitation in case of any such work
sublet, the Contractor's Worker's Compensation insurance. In case any class of employee engaged in work on the project under this contract
is not protected under a Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor or sub-subcontractor
to provide Employer's Insurance in an amount of not less than $500,000.
CONTRACTOR'S PUBLIC LIABILITY INSURANCE:
The Contractor shall maintain insurance coverage "equal to the maximum liability amounts set forth in the New Mexico Tort Claims Act
Section 41-4-1 et.seq. NMSA 1978". The insurance must remain in force for the life of the contract including all contract extension or
renewals. The limits effective July 1, 1992 are:
$400,000 per person/$750,000 per occurrence plus $300,000 for medical and $100,000 for property damage for a total maximum
liability of $1,150,000 per occurrence.
CONTRACTOR'S VEHICLE LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contact Vehicle Liability Insurance coverage "equal to the maximum
liability amounts set forth in the New Mexico Tort Claims Act Section 41-1-1 et. seq. NMSA 1978". The insurance must remain in force for
the life of the contract including all contract extensions or renewals. The limits effective July 1, 1992 are:
Bodily Injury:
Property Damage:
$750,000. Each Occurrence
$100,000. Each Occurrence
SUBCONTRACTOR'S AND SUB-SUBCONTRACTOR'S PUBLIC AND VEHICLE LIABILITY INSURANCE:
The Contractor shall either:
(1)
Require each subcontractor or sub-subcontractor to procure and maintain during the life of the subcontract or sub- subcontract
Public Liability Insurance of the types and amounts specified above or,
(2)
Insure the activities of the subcontractors or sub-subcontractors in the Contractor's policy as required under this Article.
GENERAL:
All insurance policies are to be issued by companies authorized to do business under the laws of the state in which the work is to be done and
acceptable to Owner.
The Contractor shall not violate, or permit to be violated, any conditions of any said policies, and shall at all times satisfy the requirements of
the insurance companies writing said policies.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 36 of 56
EXHIBIT B: CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006),
as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any
state agency or local public body for professional services, a design and build project delivery system, or the
design and installation of measures the primary purpose of which is to conserve natural resources must file
this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small
purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a
representative of the prospective contractor has made a campaign contribution to an applicable public official of the
state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in
the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the
contract, if the aggregate total of contributions given by the prospective contractor, a family member or a
representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over
the two year period.
Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed
contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated
pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member
of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or
other thing of value to an applicable public official or the applicable public official’s employees during the pendency
of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement
pursuant to the law.
The state agency or local public body that procures the services or items of tangible personal property shall indicate
on the form the name or names of every applicable public official, if any, for which disclosure is required by a
prospective contractor.
THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY
PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR
REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to complete a term of an
elected office, who has the authority to award or influence the award of the contract for which the prospective
contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small
purchase contract that may be awarded without submission of a sealed competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value,
including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or
any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the
official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an
election campaign, but does not include the value of services provided without compensation or unreimbursed travel
or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or
political committee, nor does it include the administrative or solicitation expenses of a political committee that are
paid by an organization that sponsors the committee.
“Family member” means spouse, father, mother, hild, father-in-law, mother-in-law, daughter-in-law or son-in-law.
“Pendency of the procurement process” means the time period commencing with the public notice of the request
for proposals and ending with the award of the contract or the cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 37 of 56
EXHIBIT B: CAMPAIGN CONTRIBUTION DISCLOSURE FORM
“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the
Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a
sole source or a small purchase contract.
“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager
of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.
Name(s) of Applicable Public Official(s) if any:
CNM's Governing Board including, District 1 Mr. Robert P. Matteucci, District 2 Ms. Janet W. Saiers, District
3 Ms. Deborah Moore, District 4 Mr. Mark Armijo, District 5 Mr. Blair L. Kaufman, District 6 Ms. Penelope S.
Holbrook, and District 7 Mr. Michael DeWitte.
DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:
Contribution Made By:
______________________________________________________
Relation to Prospective Contractor:
______________________________________________________
Date Contribution(s) Made:
______________________________________________________
Amount(s) of Contribution(s)
______________________________________________________
Nature of Contribution(s)
______________________________________________________
Purpose of Contribution(s)
______________________________________________________
____________________________
Signature
_______________________
Date
____________________________
Title (position)
--OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE
MADE to an applicable public official by me, a family member or representative.
______________________________
Signature
_______________________
Date
______________________________
Title (Position)
(Attach extra pages if necessary)
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 38 of 56
EXHIIBIT C: SA
AMPLE NO
ON-DISCLO
OSURE AG
GREEMEN
NT
Non-Dissclosure Ag
greement – ffor Contracctors
A
between
b
Cen
ntral New M
Mexico Comm
munity Colle
ege (“CNM”)) and
This is an Agreement
ctor/Vendor name] (“Co
ontractor”) concerning
c
tthe confiden
ntiality and nondisclosure of
[Contrac
informatio
on relating to
o CNM, its students
s
and employees. Referencess in this Agrreement to “C
CNM”
mean CN
NM together with
w its stude
ents and emp
ployees.
WIT
TNESSETH:
WHEREAS,
W
Contractor
C
has contracte
ed with CNM
M to provide
e _________
___________
_____
services, as described
d in Requestt for Proposa
al(s) No. ____
__ and relate
ed documentts (the “Contrract”),
the terms
s and conditio
ons of which Contract are
e incorporate
ed herein by rreference; an
nd
WHEREAS,
W
Contractor
C
ac
cknowledges and recogniizes that in p
performing th
he Contract itt may
have access to data and
a information contained
d within or ab
bout CNM’s rresources an
nd systems; a
and
WHEREAS,
W
Contractor
C
ac
cknowledges and recogniizes that in p
performing th
he Contract itt may
have acc
cess to sensiitive and/or proprietary
p
and/or nonpu blic data and
d information
n which is orr may
be subjec
ct to state an
nd/or federal laws and regulations, inccluding but n
not limited to
o privacy lawss and
regulation
ns, which mu
ust be kept co
onfidential pu
ursuant to tho
ose laws and
d/or regulatio
ons; and
WHEREAS,
W
Contractor recognizes that CNM has a co
ompelling ne
eed to ma
aintain
confidenttiality and pro
ohibit disclos
sure of data and
a informatiion contained
d within CNM
M’s resources and
systems, and further recognizes
r
th
hat its Contra
act with CNM
M places Con
ntractor in a p
position of sp
pecial
trust and confidence with
w respect to
t data and information cconcerning C
CNM and its o
operations; and
RFP # P-3
331, Advertised Thursday,, February 14, 2013
Copyrightt CNM 2013. All rights reserved.
Page 39 of 56
5
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
WHEREAS, Contractor recognizes and acknowledges that a breach of this Agreement would
cause substantial, grave and irreparable harm to CNM and its interests; and
WHEREAS, Contractor agrees to the terms and conditions set forth below.
NOW, THEREFORE, for the reasons stated above, Contractor, as a precondition to its
Contract with CNM and in partial consideration thereof, agrees and covenants with CNM as follows:
1.
Contractor agrees to perform services under the Contract pursuant
to any and all privacy and confidentiality requirements contained in state and
federal laws and regulations applicable to CNM, as well as those state and federal
laws and regulations applicable to Contractor.
2.
Contractor agrees that it will keep in strictest confidence all CNM
data and information to which it may have access in performing its duties under
the Contract, in computerized form or otherwise, and that neither it nor anyone
operating on its behalf will disclose or use, in any manner, CNM data and
information, except to the extent necessary to carry out the Scope of Work in the
Contract. No other use of the data and information by Contractor is permissible.
3.
Contractor agrees to indemnify and hold harmless CNM from any
and all liability, injury and damages resulting or arising from any intentional or
unintentional disclosure of data and/or information stored on or contained within
CNM resources and systems by Contractor, its agents and representatives.
4.
Contractor agrees and acknowledges that at all times during the
Contract it is operating and shall operate as an independent contractor and not as
an agent or employee of CNM.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 40 of 56
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
5.
Contractor agrees that information contained within CNM
resources and systems shall be accessed, if at all, only as may be necessary to
carry out the Contract.
Contractor agrees to reasonably limit access to
information contained within CNM resources and systems to those among its
employees, officers or directors for whom disclosure is necessary to further the
purpose of the Contract.
6.
Contractor agrees that, upon the termination or conclusion of the
Contract, it will deliver promptly to CNM all data, information, documentary and
other materials relating to CNM, and any and all copies of electronic records
thereof, within its custody or control or within the custody or control of its agents
or representatives, that it or anyone operating on its behalf created, produced or
obtained in the course of Contractor’s Contract with CNM.
7.
Contractor agrees that if any person or entity requests, subpoenas,
or otherwise attempts to obtain any data, information or material relating to CNM
within Contractor’s custody or control, or within the custody or control of anyone
operating on its behalf, it will notify CNM immediately and will cooperate fully
in any legal action by CNM seeking protection against disclosure of such data,
information or material.
8.
If Contractor knows or has reason to believe that there has been an
improper use or any disclosure of CNM’s data or information, Contractor shall
orally notify CNM as soon as practicable and shall send written notice within five
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 41 of 56
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
(5) business days of discovery. Such notification shall set forth in detail the
known or suspected use or disclosure.
9.
Contractor acknowledges and agrees that if it breaches this
Agreement, CNM, in addition to terminating the Contract and taking other action
available to it, may obtain preliminary and permanent court injunctions to stop the
breach, and may also sue to recover from Contractor an amount equal to the
damages caused by the breach and the revenues Contractor or anyone operating
on its behalf derived from the breach, together with all costs and expenses,
including attorneys’ fees, incurred by CNM in taking such actions.
10.
Contractor agrees that the terms of this Confidentiality Agreement
will survive the expiration or termination of the Contract.
11.
This Agreement and obligations hereunder shall be binding on the
representatives, assigns, and successors of the Contractor and shall inure to the
benefit of the assigns and successors of CNM.
12.
If any of the provisions of this Agreement are not enforceable, in
whole or in part, the remaining provisions set forth in this Agreement shall
nonetheless remain in full force and effect.
13.
This Agreement constitutes the entire understanding of the parties
about the subject matter hereof and may not be amended or modified except in
writing signed by each of the parties to the Agreement.
IN WITNESS WHEREOF, each of the undersigned has caused this Confidentiality
Agreement to be executed by their duly authorized representatives.
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 42 of 56
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
Central New Mexico Community College
[Contractor/Vendor Name]
Print Name: _________________________
Pint Name: ____________________
Signature: __________________________
Signature: _____________________
Title: ______________________________
Title: _________________________
Date: ______________________________
Date: _________________________
Contractor Employees who will have access:
Print Name: _____________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
Print Name: ______________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
Print Name: ______________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
RFP # P-331, Advertised Thursday, February 14, 2013
Copyright CNM 2013. All rights reserved.
Page 43 of 56
EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
ENTER DESCRIPTION OF SERVICES
THIS AGREEMENT, including all exhibits thereto (“Agreement”), made this ENTER DAY of
ENTER MONTH, ENTER YEAR, by and between Central New Mexico Community College ("CNM"
or “Owner”) and ENTER NAME ("Vendor").
Recitals:
WHEREAS with CNM’s Request for certain related services in connection with ENTER
TYPE OF SERVICES, “ENTER TYPE OF SERVICES” Services (the “Project” or “Services”);
WHEREAS CNM selected Vendor’s proposal as being the most advantageous and awarded
the work to Vendor;
WHEREAS CNM and Vendor desire to enter into a written agreement for ENTER TYPE OF
SERVICES related services;
NOW, THEREFORE, the parties agree as follows:
ARTICLE ONE
STATEMENT OF WORK
1.0
ENTER DESCRIPTION SERVICES SCOPE OF WORK
1.1
ENTER DESCRIPTION SERVICES
Provide expertise, resources and services to ENTER DESCRIPTION.
1.2 SCOPE OF WORK
ENTER SCOPE OF SERVFICES
ARTICLE TWO
CNM’S RESPONSIBILITIES
2.0
CNM agrees to contract with and does hereby contract with the Vendor, under the
terms and conditions of this Agreement, to perform for CNM ENTER DESCRIPTION and related
services as described in this Agreement.
2.1
CNM shall designate a representative (“ITS Representative”) and/or a Facilities
representative to act on its behalf in accordance with the limited authority described in this Section
2.1. The ITS Representative shall have limited authority to give general direction to the Vendor, to
answer questions with respect to the Project, to approve pay applications subject to other required
approvals, and to initiate the change order process. CNM shall administer this Agreement and shall
have the authority to 1) modify or interpret this Agreement, 2) to approve change orders; all of which
are decisions which are reserved to be made by CNM’s ITS Department, Business Office, and
Purchasing Department. No action, representation, or conduct by the ITS Representative shall
relieve the Vendor of its responsibilities to carry out its duties and obligations under this Agreement.
Any notice given or modification may only be issued as a signed change order or amendment to this
agreement issued by the Purchasing Department.
2.2
CNM shall provide reasonable assistance to Vendor as Vendor may reasonably
request for the purpose of rendering the Services, including but not limited to the following: (a)
access, on an as-needed basis, to CNM personnel, and to data processing, hardware and software
systems utilized by CNM, all provided and maintained at CNM’s expense in good working order and
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
in actual operation at all times at which Vendor reasonably requests operation for the purpose of
rendering the Services; (b) reasonable use of office equipment and services such as desks, chairs,
word processors, telephone, copying and other equipment and services reasonably appropriate to
accommodate Vendor’s personnel; and (c) a reasonable amount of space on CNM’s premises,
including parking spaces, for Vendor’s personnel.
ARTICLE THREE
VENDOR’S SERVICES
3.0
Vendor shall, 1) have staff capable of performing the Scope of Work; 2) A project
Manager who will be assigned responsible charge for each project; 2) have experience in all
phases of ENTER DESCRIPTION;
3.1
Vendor shall render all Services to fulfill the Statement of Work as defined in Article
One in a professional and workmanlike manner and will use reasonable commercial efforts to render
such Services in a manner that will not unreasonably interfere with CNM’s normal business
operations. Any Services to be provided by Vendor hereunder shall be subject to the then-current
availability of appropriate Vendor’s resources.
3.2
When providing Services under this Agreement, Vendor shall comply with all
applicable federal, state and local laws. Vendor shall be qualified to conduct the business necessary
to the performance of this Agreement in the State of New Mexico throughout the term of this
Agreement. Vendor shall obtain (or has obtained), at its own cost and expense, all necessary
licenses, professional certifications and permits and shall assume the responsibility for and pay all
applicable fees and all applicable taxes, which are now or may be imposed upon Vendor in the
future by any governmental authority arising out of such qualification to do business in the State of
New Mexico.
3.3
Upon prior written agreement by CNM, Vendor may subcontract Services to be
performed under this Agreement, provided that, in all such cases, Vendor shall be fully responsible
for the acts and omissions of its subcontractors, and shall be responsible for their performance in
accordance with the terms this Agreement. No contractual relationship shall exist between any
subcontractor and CNM, unless it is evidenced in a separate contract independent of this
Agreement.
3.4
Vendor shall retain and maintain records reasonably related to the Services provided
to CNM hereunder, sufficient to support and verify Vendor’s performance of such Services and the
fees charged to CNM therefor. Such records shall be available for examination by CNM or its
authorized representative(s) during Vendor’s regular business hours, within a reasonable period of
time following a written request by CNM to examine such records.
ARTICLE FOUR
SPECIAL SERVICES
4.0
CNM has the right to require, and Vendor agrees to perform, services related to the
Project other than [ENTER DESCRIPTION]described in Article Three of this Agreement (“Special
Services”). For services required by CNM, other than those described and required by Article Three,
Vendor will be compensated per the terms set forth in Exhibit B, Section II of this Agreement.
4.1
Vendor shall submit a detailed written proposal for performing the Special Services
and a “not to exceed” fee proposal for such Special Services to CNM for its review and written
approval incorporating a declaration as to the suitability of performing work. The “not to exceed” fee
proposal shall be broken down into specific hours and shall identify all subcontractor costs to
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
perform the services and accomplish the work. CNM’s approval of such proposal shall be in writing
and communicated through the issuance of an approved purchase order revision. No payment for
Special Services in connection with such Special Services shall be made except for such Special
Services performed in accordance with CNM’s advance written approval.
ARTICLE FIVE
TERM
5.0
The term of this Agreement begins immediately upon delivery to Vendor of a CNM
purchase order incorporating this Agreement, extends through approval of the final Services
performed by Vendor, and continues until both parties have fulfilled their respective obligations
under this Agreement.
ARTICLE SIX
EMPLOYMENT OF CONSULTANTS
6.0
Vendor agrees to employ competent staff (New Mexico licensed and registered, if
applicable) not otherwise employed by CNM for the Project, as might be necessary for the proper
design and construction of the Project. Vendor shall furnish to CNM a list of the staff including
resumes for prior approval before engaging them for the Project. Vendor represents that services
performed by the Vendor’s staff under this Agreement will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession currently practicing
under the same or similar conditions. Vendor represents that the performance of any staff assigned
by Vendor to work on the Project shall be in accordance with sound professional standards, and the
requirements of this Agreement.
ARTICLE SEVEN
PROFESSIONAL LIABILITY INSURANCE
7.0
At its own expense, Vendor shall procure and maintain during the life of this
Agreement professional liability insurance in an amount not less than One Million Dollars
($1,000,000) for each claim and in the aggregate. Insurance coverage shall not be canceled or
materially changed except after thirty (30) days written notice has been provided to CNM. Vendor
shall furnish CNM copies of certificates of insurance showing the coverage, limits of liability, covered
operations, effective dates and dates of expiration of policies of insurance carried by Vendor.
ARTICLE EIGHT
INDEMNIFICATION AND INSURANCE
8.0
Vendor shall indemnify, defend and hold harmless CNM, its officers and employees
against all liability, claims, damages, losses or expenses (including attorney's fees) arising out of
bodily injury to persons or damage to property caused by, or resulting from, Vendor's and/or its
employees' acts or omissions. This hold-harmless and indemnification clause is subject to the
immunities, provisions and limitations of the New Mexico Tort Claims Act (Sections 41-4-1 et seq.
N.M.S.A. 1972) and Section 56-7-1, N.M.S.A. 1978 and any amendments thereto.
8.1
Vendor shall comply with all requirements of Exhibit C hereto. Copies of Insurance
certificates are required prior to release of CNM’s Purchase Order and signed Services Agreement.
ARTICLE NINE
ASSIGNMENT AND SUCCESSORS
9.0
Vendor agrees not to sublet, sell or assign this Agreement or any portion of the Work
included herein, and not to enter into a partnership for the performance of the services and work
contemplated by this Agreement with any person or persons without the prior written permission of
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
CNM. Any approved successors or assignees shall be bound to and by the same terms and
conditions as Vendor, and shall accept in writing the delegation of Vendor’s duties and
responsibilities under this Agreement. Vendor remains responsible for completion of the Project and
warranties. Vendor remains responsible for design integrity. The following shall not be considered
“Assignment” for purposes of this Agreement: Vendor Firm’s Assignment of this Agreement or of
any Vendor rights under this Agreement to Vendor’s successor by merger or consolidation or to any
person or entity that acquires all or substantially all of its share capital or assets.
ARTICLE TEN
TIMELINESS OF PERFORMANCE
10.0 Vendor shall perform its duties and services under this Agreement with all
reasonable diligence and continuous effort, and shall not delay this Work in order to perform work
under other contracts entered into after this Agreement.
10.1 Vendor shall continue to perform the Work under this Agreement through all
disputes, with the Owner and/or the Contractor, including but not limited to payment disputes and
disputes regarding the scope of the Vendor’s obligations under the Agreement.
ARTICLE ELEVEN
OWNERSHIP OF INSTRUMENTS OF SERVICE
11.0 Drawings and specifications become the property of CNM. Before receiving final
payment, Contractor shall deliver to CNM original Final documents and an electronic version of the
Final documents. CNM shall have use and ownership rights to all electronic documents during all
phases of the work. .
ARTICLE TWELVE
RECORDS AND AUDIT
13.0 Vendor shall maintain detailed time records that show the date, time and nature of
services rendered. These records shall be subject to inspection by the CNM, its representatives,
and the State Auditor. CNM, its representatives, and the State Auditor shall have the right to audit
billings both before and after payment. Payment under this Agreement shall not foreclose the right
of CNM to recover excessive and/or illegal payments. CNM, its representatives and the State
Auditor shall have access to and the right to examine and/or audit any directly pertinent records,
books, documents and papers of Vendor involving transactions related to this Agreement for a
period of three (3) years after final payment.
ARTICLE THIRTEEN
APPLICABLE LAWS
13.0 Vendor shall endeavor to comply with all federal, state, and local laws and
ordinances applicable to the Work called for herein. Vendor further agrees to operate under and be
controlled by the Civil Rights Act of 1964, Title VI, and Executive Order No. 11246.
13.1 Vendor shall adhere to all State, Federal, local and CNM rules, laws, regulations,
guidelines, the New Mexico Procurement Code, CNM’s Procurement Regulations, New Mexico’s
Public Works Act (N.M. Stat. Ann. § 13-4-1, et. seq.), the New Mexico Prompt Payment Act, and all
other applicable laws, statutes, codes, regulations, and the like, the policies and procedures
associated with the Work to be performed.
ARTICLE FOURTEEN
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
TERMINATION
14.0 Termination for Cause. If Vendor, for any cause, fails or omits to carry out the Work
in an acceptable manner CNM may give notice in writing of such failure or omission and of a
reasonable time within which to cure the deficiency. Vendor shall take corrective measures within
such time. Vendor's failure to comply with such notice and to cure the deficiency as provided in the
notice shall subject this Agreement to immediate termination by CNM.
14.1 In the event of a for-cause termination, CNM shall terminate this Agreement by
delivering to Vendor a written notice of termination. The effective date of termination shall be the
date stated in the notice or, if no date is stated, then the date of delivery of the notice. Upon such
termination, the Vendor shall deliver to CNM all design plans, drawings, documents, and all other
materials developed under this Agreement.
CNM shall then have the right to retain the services of other design professionals to complete the
Vendor’s Work under this Agreement, and shall have no obligation to seek bids for that replacement
design professional(s). The cost of completing the Vendor’s Work under this Agreement shall be
paid for by applying the balance of the contract amount remaining on this Agreement at the time of
termination. If the cost to complete the Work under this Agreement is less than the remaining
contract amount, the remaining contract amount shall be paid to the Vendor. If the cost of
completing the Work under this Agreement exceeds the original or amended contract amount, then
the Vendor shall pay CNM for the difference between the contract amount and the cost to complete
the Vendor’s Work.
14.2 Termination for convenience of CNM. On fifteen (15) business days written notice to
Vendor, CNM may terminate this Agreement in whole or in part for its own convenience in the
absence of any default of Vendor.
14.3 In the event of a termination for convenience, CNM shall terminate this Agreement by
delivering to Vendor notice of termination without cause specifying the extent to which performance
of Work under this Agreement is terminated and the date upon which such termination becomes
effective. The effective date of termination shall be the date stated in the notice or, if no date is
stated, then the sixteenth (16th) business day after delivery of the notice. Within ten (10) calendar
days of the effective date of termination, Vendor shall deliver to CNM all design plans, construction
estimates, drawings, documents, survey books and any or all other materials developed under this
Agreement. Upon delivery of such notice, the Vendor shall have the right to receive payment for
services satisfactorily performed to termination date, including reimbursement then due.
ARTICLE FIFTEEN
APPROPRIATIONS
15.0 The terms of this Agreement are contingent upon sufficient appropriations and
authorizations being made by the Legislature of the State of New Mexico and/or CNM for the
performance of this Agreement. If sufficient appropriations and authorizations are not made by the
Legislature and/or CNM, this Agreement shall terminate upon written notice being given by CNM to
Vendor. CNM's decision as to whether sufficient appropriations are available shall be accepted by
Vendor and shall be final.
ARTICLE SIXTEEN
RELEASE
16.0 Vendor, upon final payment to it of the amounts due for the Project, releases CNM,
its governors, officers and employees, and the State of New Mexico from all liabilities, claims and
obligations whatsoever arising from or under this Agreement as pertains to the Project.
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
16.1 Vendor agrees not to purport to bind CNM or the state of New Mexico to any
obligation not assumed herein by CNM or the State of New Mexico, unless Vendor has express
written authority to do so, and then only within the strict limits of that authority.
ARTICLE SEVENTEEN
CONFIDENTIALITY
17.0 Any confidential information provided to or developed by Vendor in the performance
of this Agreement shall be kept confidential and shall not be made available to any individual or
organization by Vendor without prior written approval of CNM.
ARTICLE EIGHTEEN
CONFLICT OF INTEREST
18.0 Vendor warrants that it presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required under this Agreement. Vendor shall comply with the provisions of Section 10-16-12
N.M.S.A. 1978 which requires disclosure in writing to the office of the Secretary of State of the State
of New Mexico amounts received under state contracts when and if such provisions become
applicable. With regard to performance under this Agreement, Vendor is an independent contractor,
and not an officer, agent, partner, joint venturer or employee of CNM. Neither party shall, at any
time or in any manner, represent that it or any of its agents or employees is in any manner agents or
employees of the other party.
ARTICLE NINETEEN
GOVERNING LAW/INTERPRETATION
19.0 The laws of the State of New Mexico shall govern this Agreement. In no event shall
any portion of this Agreement be interpreted against a party on the grounds that such party drafted
the provision in question. Both parties acknowledge having had ample opportunity for review and
comment by their attorneys and both parties having participated in drafting this Agreement as a
whole.
ARTICLE TWENTY
AMENDMENT
20.0 This Agreement shall not be altered, changed, or amended except by an instrument
in writing executed by the parties. Only CNM’s Purchasing Director or Buyer is authorized to modify
this Agreement.
ARTICLE TWENTY-ONE
MERGER
21.0 This Agreement with its exhibits and schedules incorporates all of the agreements,
covenants and understandings between the parties thereto concerning the subject matter thereof.
No prior agreements or understanding, verbal or otherwise, of the parties or their agents shall be
valid or enforceable unless embodied in this Agreement.
ARTICLE TWENTY-TWO
CERTAIN PENALTIES
22.0 The State of New Mexico Procurement Code, Sections 13-128 through 13-1-199
N.M.S.A. 1978, imposes civil and criminal penalties for its violation. In addition the New Mexico
criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
ARTICLE TWENTY-THREE
FORCE MAJEURE
23.0 Neither party will be liable to the other for any failure or delay in performance under
this Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of
war, accident, labor disruption, acts, omissions and defaults of third parties and official,
governmental and judicial action not the fault of the party failing or delaying in performance.:
ARTICLE TWENTY-FOUR
NOTICES
23.0 Any notice required to be given under this Agreement shall be deemed sufficient, if
given in writing and hand delivered to the following address or sent by first class mail, properly
franked and addressed as follows:
If to CNM:
Central New Mexico Community College
525 Buena Vista, SE
Albuquerque, NM 87106-4096
Attn: Gil Rivera, Buyer, Purchasing
If to Vendor:
ENTER VENDOR NAME
ENTER VENDOR ADDRESS
ENTER VENDOR CONTACT
ARTICLE TWENTY-FIVE
MISCELLANEOUS
25.0 Attorney’s Fees. In the event of litigation with respect to or related to this Agreement
or the Project, such action shall be brought in the County of Bernalillo, State of New Mexico. The
prevailing party shall be entitled to recover reasonable attorney’s fees. The law of the State of New
Mexico shall govern these matters.
25.2
Insurance Requirements. The Vendor shall be required to carry insurance meeting the
requirements in the Exhibit C hereto labeled "INSURANCE REQUIREMENTS" and as noted in the
specifications. The Vendor will be required to submit the Certificates of Insurance to CNM’s
Purchasing Director prior to commencing Work under the Agreement. Insurance must remain in effect
for the entire term of the Agreement.
25.3 The General Conditions attached hereto as Exhibit A are hereby incorporated to the
extent they are not inconsistent with other provisions of this Agreement. In Exhibit A, “Seller” and
“Contractor” mean “Vendor.”
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
IN WITNESS THEREOF, the parties hereto have executed this Agreement the day and year last set
forth below.
CENTRAL NEW MEXICO COMMUNITY
COLLEGE
ENTER FIRM’S LEGAL NAME
OWNER (Signature)
FIRM (Signature)
GILBERT M. RIVERA, BUYER
(Printed name and title)
ENTER AUTHORIZED PERSON’S NAME
(Printed name and title)
Date: _____________________________________
Date: ______________________________________
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
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EXHIBIT E: SAMPLE SERVICES AGREEMENT
EXHIBIT A, GENERAL TERMS AND CONDITIONS
1. Inspection and Audit. a. CNM may inspect, at any reasonable time, any part of Seller's
plant or place of business which is related to performance of this Purchase Order. Acceptance
of delivery shall not be considered acceptance of the materials, supplies or services furnished.
Final inspection of product and services will be made at the destination. Any testing or
inspection procedures required by the specification are in addition to CNM's rights under this
paragraph.
b. The Contractor shall maintain detailed time records which indicate the date, time and nature of
services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to
CNM under this Purchase Order, including serial numbers and other appropriate identifiers. These
records shall be subject to internal and external audit. CNM shall have the right to audit billings both
before and after payment. Payment under the resultant Agreement shall not preclude CNM from
recovering excessive, erroneous or illegal payments previously made to the Contractor.
2 Warranties. Seller warrants the materials, supplies or services furnished to be exactly as
specified in this order, free from defects in Seller's design, labor, materials and manufacture,
and to be in compliance with any drawings or specifications incorporated herein and with any
samples furnished by Seller. All applicable UCC warranties, express and implied, are
incorporated herein.
3. Acceptance and Rejection. If prior to final acceptance, any materials, supplies or service
are found to be defective or not as specified, or, if CNM is entitled to revoke acceptance of them,
CNM may reject or revoke acceptance, require Seller to correct without charge within a
reasonable time, or require delivery at an equitable reduction in price at CNM's option. Seller
shall reimburse CNM for all incidental and consequential costs related to unaccepted materials,
supplies or service. Notwithstanding final acceptance and payment. Seller shall be liable for
latent defects, fraud, or such gross mistakes as amount to fraud. Acceptance of performance
shall not waive CNM's right to claim damages for breach.
4. Assignment. This order is assignable by CNM. Except as to any payment due hereunder,
this order is not assignable by Seller without written approval of CNM.
5. Changes. CNM may make changes within the general scope of this order by giving notice to
Seller and subsequently confirming such changes in writing. If such changes affect the cost of,
or the time required for performance of this order, an appropriate equitable adjustment shall be
made. No change by Seller shall be recognized without written approval of CNM. Any claim of
Seller for an adjustment under this paragraph must be made in writing within thirty (30) days
from the date of receipt of Seller of notification of such change, unless CNM waives this
condition. Nothing in this paragraph shall excuse Seller from proceeding with performance of
the order as changed hereunder.
6. Termination and Delays. CNM, by written notice stating the extent and effective date may
terminate this order for convenience in whole or in part, at any time. CNM shall pay Seller as full
compensation for performance until such termination: (1) the unit or pro rata order price for the
delivered and accepted portion; and (2) a reasonable amount to be approved by CNM, and not
otherwise recoverable from other sources by Seller, with respect to the undelivered or
unaccepted portion of this order. Provided, however, compensation hereunder shall in no event
exceed the total order price. Such amount will be limited to Seller's actual cost and may not
include anticipated profits.
CNM may terminate this order by written notice in whole or in part for Seller's default if Seller
refuses or fails to comply with the provision of this order, or fails to make progress so as to
endanger performance and does not cure such failure within a reasonable period of time. In
such event, CNM may otherwise secure the materials, supplies or services ordered, and Seller
shall be liable for damages suffered by CNM, including incidental and consequential damages.
If, after notice of termination, CNM determines Seller was not in default, or if Seller's default is
due to failure of CNM, termination shall be deemed for the convenience of CNM.
The rights and remedies of CNM provided in this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this order.
As used in this paragraph, the word "Seller" includes Seller and its subsuppliers at any tier.
7. Affirmative Action. Seller shall not discriminate with regard to hiring, termination or other
incidents of employment on the basis of race, sex, national origin, religion, age or handicap.
Seller agrees to: a) adhere to the principles set forth in Executive Order 11246 and 11375, and
to undertake specifically to maintain employment policies and practices that affirmatively
promote equality of opportunity for handicapped persons, minority group persons and women;
b) take affirmative steps to hire and promote women and minority group persons at all job levels
and in all aspects of employment; c) communicate this policy in both English and Spanish to all
persons concerned within the company, with outside recruiting services and the minority
community at large; d) provide CNM on request a breakdown of labor force by ethnic group,
sex, and job category; and e) discuss with CNM its policies and practices relating to its
affirmative action program.
8. Indemnification and Insurance Seller assumes the entire responsibility and liability for
losses, expenses, damages, demands and claims in connection with or arising out of any actual
or alleged personal injury (including death) and/or damage or destruction to property sustained
or alleged to have been sustained in connection with or arising out of the performance of the
work by Seller, its agents, employees, subcontractors or consultants, except to the extent of
liability arising out of the negligent performance of the work by or willful misconduct of CNM. In
any event, CNM's liability shall be subject to the limitations of the New Mexico Tort Claims Act.
Seller shall indemnify and hold harmless CNM, its officers, agents, and employees from any and
all liability for such losses, expenses, damages, demands, and claims and shall defend any suit
or action brought against any or all of them based on any actual or alleged personal injury or
damage and shall pay any damage costs and expenses including attorneys fees, in connection
with or resulting from such suit or action.
Seller agrees that it and its subcontractors will maintain public liability and property damage
insurance in reasonable amounts covering the above obligation and will maintain workers'
compensation coverage covering all employees performing this order.
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
9. Patent and Copyright Indemnity. Seller shall pay all royalty and license fees relating to
deliverables and other items covered hereby. In the event any third party shall claim that the
reproduction, manufacture, use, or sale of goods or items covered hereby infringes any
copyright, trademark, patent, or other intellectual property rights, Seller shall indemnify and hold
CNM harmless from any cost, expense, damage, or loss resulting therefrom.
10. Discounts. Any discount time will not begin until the materials, supplies, or services have
been received and accepted and correct invoice received by CNM's Purchasing Department. In
the event testing is required, the discount time shall begin upon the completion of the tests.
11. Penalties. The Procurement Code, Section 13-1-28 et seq., imposes civil and criminal
penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties
for bribes, gratuities and kickbacks.
12. Title and Delivery. Title to the materials and supplies passed hereunder shall pass to
CNM at the F.O.B. point specified subject to the right of CNM to reject upon inspection. For any
exception to the delivery date specified, Seller shall give prior notification and obtain approval
from CNM's Purchasing Department. Time is of the essence and the order is subject to
termination for failure to deliver on time.
13. Payment Charges. Late payment charges shall be paid in the amount and under the
conditions stated in Section 13-1-158, NMSA 1978.
14. Other Applicable Laws. Any provision required to be included in a contract of this type by
any applicable and valid Executive order, federal, state or local law, ordinance, rule or regulation
shall be deemed to be incorporated herein.
15. OSHA Regulations. The contractor shall abide by Federal Occupational Safety and Health
Administration (OSHA) regulations and the State of New Mexico Environmental Improvement
Board occupational health and safety regulations that apply to the work performed under this
Invitation.
ALL PRODUCTS CONTAINING HAZARDOUS SUBSTANCES MUST BE
PROPERLY LABELED AND ACCOMPANIED BY MATERIAL SAFETY DATA SHEETS. The
contractor shall defend, indemnify and hold CNM free and harmless against any and all claims,
loss, liability and expense resulting from any alleged violations of said regulations including but
not limited to fines, penalties, judgments, court costs and attorney fees.
16. Debarment/Suspension. In performing the services and/or furnishing the goods specified
within this purchase order, the vendor/contractor certifies that it is not suspended, debarred or
declared ineligible from entering into contracts with the Executive Branch of the Federal
Government, any State agency or local public body; nor is in receipt of a notice of proposed
debarment or suspension from the Executive Branch of the federal Government, any State
agency or local public body.
17. Applicable Law. Each party acknowledges that the New Mexico Procurement Code,
NMSA 1978 13-1-28 through -199, as amended, applies to every CNM purchase or contract
agreement of tangible personal property, services and construction, including participation made
pursuant to this purchase order. Further, each party acknowledges that it will be responsible for
claims or damages arising from personal injury or damage to persons or property to the extent
they result from negligence of its employees or agents and that the liability of CNM shall be
subject in all cases to the immunities and limitation of the New Mexico Tort Claims Act, NMSA
1978 41-4-1 through -2 7, as amended.
SECTION 2
GOVERNMENT SUBCONTRACT PROVISIONS
If this order is subcontract under a U.S. Government Prime Contract, the applicable
clauses listed below are incorporated into, and form a part of, the terms and conditions of this
order. In the event of any conflict between the terms and condition of Section 2 and any other
provisions of this order the terms and conditions of Section 2 shall prevail. The clauses
contained in the following paragraphs of the Federal Acquisition Regulations are incorporated
herein by reference. For purposes of this Purchase Order, in the following clauses, the term
"contract" shall mean "this order", the term "contractor" shall mean "Seller" and the term
"Government" and "Contracting Officer" shall mean "Albuquerque CNM" and the "Director of
Purchasing," respectively.
The following provisions of the Federal Acquisition Regulations (FAR) apply
regardless of the amount of this order:
* Anti-kickback Procedures:
52.203-7
Buy American Act and Balance of Payments Program
52.225-7001
* Contract Work Hours and Safety Standards Act-Overtime Comp.
52.222-4
* Equal Employment Opportunity
52.222-26
Integrity of Unit Prices
52.215-26(a)(b)
Notice to the Government of Labor Disputes
52.222-1
Preference for U.S. Flag Air Carriers (For internal air travel)
52.247-63
Restriction on Subcontractor Sales to the Government
52.203-6
Service Contract Act of 1965 (Reserved)
52.222-41
* Termination for Convenience of Government
(Education and other Nonprofit Institutions)
52.249-5(a)(f)
CNM reserves all administrative, contractual, and legal remedies against Seller in case of any
breaches of the contract.
* On contracts funded by federal grants, only the Special Terms and Conditions clauses
identified by the asterisk (*) are incorporated into this contract.
Page 52 of 56
EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
EXHIBIT B
VENDOR’S COMPENSATION
SECTION I
For Services for the Scope of Work identified in Article Three of this Agreement, compensation shall
be based on a fixed, Not-to-Exceed fee. This fee as used in this Agreement, shall mean the actual
total amount paid by CNM to the Vendor for work prepared pursuant to this Agreement, minus gross
receipts taxes and other taxes, Costs are fixed fee amounts.
Labor rate
Hours
Not-to-Exceed Amount
Labor Subtotal:
NMGRT at 7%:
Grand Total including NMGRT:
A.
Firm may add any applicable gross receipts tax to the fees and other payments payable
hereunder. Firm shall use and require the use of nontaxable transaction certificates by all
other parties with whom it does business in connection with performing its services under
this Agreement whenever allowed by law. In all events, Firm shall not include gross receipts
taxes paid to others as a part of the base dollar amount upon which Firm calculates gross receipts
taxes when billing its fees and expenses to CNM.
B.
Firm shall present detailed invoices and statement of the services rendered. Firm's invoices
shall reference the CNM purchase order number and be submitted in a format that has been
reviewed and approved in writing by CNM. Payments shall be made subject to CNM's approval of
the statement of the services rendered. For compensation, Firm shall issue monthly invoices for
services rendered and CNM shall make payments NET 30 days upon approved invoice per NMSA
13-1-158, based on the percent completion for milestones completed. CNM may or may not request
100% fulfillment of a final milestone prior to payment.
Firm shall issue a monthly status report detailing the estimated percent completion for work
performed on a milestone basis. The report shall include details of all work performed during the
invoice period, the estimated percentage of work performed during the invoice period and a total
percent of all work performed to date. Refer the below sample table shown below.
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
Page 53 of 56
EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
SAMPLE MONTHLY REPORT
Milestone
Description
Milestone
Amount
NMGRT at
7.00%
1
XXXX
$3,600.00
$252.00
Milestone
Total
including
NMGRT
$3,852.00
2
YYYYY
$7,200.00
$504.00
$7,704.00
3
ZZZZZZZ
$5,400.00
$378.00
$5,778.00
4
WWWWWWWWWW
$3,600.00
$252.00
$3,852.00
Travel
$4,000.00
N/A
$4,000.00
Invoice Period
1/1/20111/31/2011
1/1/20111/31/2011
1/1/20111/31/2011
1/1/20111/31/2011
1/1/20111/31/2011
$25,186.00
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
Page 54 of 56
Invoice
Amount this
billing period
Total billed
to date
$385.20
Total
Percent
complete to
date
50%
$1,926.00
20%
$1,540.80
40%
$3,081.60
0%
$0.00
0%
$0.00
0%
$0.00
0%
$0.00
50%
$2,000.00
50%
$2,000.00
Percent
completion
this invoice
period
10%
EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
SECTION II
Hourly Rates by Personnel Type for Special Services
(NMGRT is not included.)
OFFICE/FIELD PERSONNEL
TITLE
HOURLY RATE
The following provisions are applicable to both Sections I and II Compensation set forth above:
A.
Vendor may add any applicable gross receipts tax to the fees and other payments payable hereunder.
Vendor shall use and require the use of nontaxable transaction certificates by all other parties with whom it
does business in connection with performing its services under this Agreement whenever allowed by law.
In all events, Vendor shall not include gross receipts taxes paid to others as a part of the base dollar amount upon
which Vendor calculates gross receipts taxes when billing its fees and expenses to CNM.
B.
Vendor shall present a monthly detailed invoice and statement of the services rendered. Vendor's invoices
shall reference the CNM purchase order number and be submitted in a format that has been reviewed and approved
in writing by CNM. Payments shall be made subject to CNM's approval of the statement of the services rendered.
For compensation under Section I or Section II hereof, CNM shall make payments NET 30 days following the
completion of each phase.
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
Page 55 of 56
EXHIBIT D: SAMPLE SERVICES AGREEMENT FOR SOLUTION
EXHIBIT C, INSURANCE REQUIREMENTS
CERTIFICATES OF INSURANCE:
The Vendor shall furnish the Owner one copy each Certificates of Insurance herein required for each copy of the resultant
Agreement, showing the coverage, limits of liability, covered operation, effective dates of expiration of policies of insurance
carried by the Vendor. The Vendor shall furnish to the Owner copies of limits. The Certificates of Insurance shall be in the
form of AIA Document G-705 or similar format acceptable to the Owner. Such certificates shall be filed with the Owner and
shall also contain the following statements:
1.
The Governing Board of Central New Mexico Community College, Central New Mexico Community College, its
agents, servants and employees are held as additional insured.
2.
"The insurance coverage certified herein shall not be canceled or materially changed except after forty five (45) days
written notice has been provided to the Owner."
COMPENSATION INSURANCE:
The Vendor shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required
by applicable State law for all of the Vendor’s employees , and in case of any such work being sublet, shall require the
subcontractors to maintain such Worker's Compensation insurance. In case any class of employee engaged in work on the
Project under this Agreement is not protected under a Worker's Compensation Statute, the Vendor shall provide and shall
cause each subcontractor or sub-subcontractor to provide Employer's Insurance in an amount of not less than $500,000.
VENDOR’S PROFESSIONAL LIABILITY INSURANCE:
The Vendor shall maintain professional liability insurance in the amount of at least $1,000,000.
VENDOR'S PUBLIC LIABILITY INSURANCE:
The Vendor shall maintain insurance coverage "equal to the maximum liability amounts set forth in the New Mexico Tort
Claims Act Section 41-4-1 et.seq. NMSA 1978". The insurance must remain in force for the life of the Agreement including
all extension or renewals. The limits effective July 1, 1992 are: $400,000 per person/$750,000 per occurrence plus
$300,000 for medical and $100,000 for property damage for a total maximum liability of $1,150,000 per occurrence.
VENDOR'S VEHICLE LIABILITY INSURANCE:
The Vendor shall procure and shall maintain during the life of this contact Vehicle Liability Insurance coverage "equal to the
maximum liability amounts set forth in the New Mexico Tort Claims Act Section 41-1-1 et. seq. NMSA 1978". The insurance
must remain in force for the life of the Agreement including all extensions or renewals. The limits effective July 1, 1992 are:
Bodily Injury
Property Damage
$750,000 Each Occurrence
$100,000 Each Occurrence
SUBCONTRACTORS’ AND SUB-SUBCONTRACTORS’ PUBLIC AND VEHICLE LIABILITY INSURANCE:
The Vendor shall either:
(1)
Require each subcontractor or sub-subcontractor to procure and maintain during the life of the subcontract or subsubcontract Public Liability Insurance of the types and amounts specified above or,
(2) Insure the activities of the subcontractors or sub-subcontractors in the Vendor's policy as required under this Article.
GENERAL:
All insurance policies are to be issued by companies authorized to do business under the laws of the state in which the Work
is to be done and acceptable to Owner.
The Vendor shall not violate, or permit to be violated, any conditions of any said policies, and shall at all times satisfy the
requirements of the insurance companies writing said policies.
CNM PO # TBD
Copyright CNM, 2012. All rights reserved.
Page 56 of 56