Purchassing Departm
ment
525 Buena
B
Vista SE
Albuqueerque, NM 877106
R
REQUEST FO
OR PROPOSAL
LS NO.: P-357
TITL
LE: Engineerinng/Design Profeessional Servicess for
Techhnology Loop annd Wellness Patth
R
RFP DUE DAT
TE: October 21
1, 2013
R
RFP DUE TIM
ME: 4:00 PM lo
ocal time (MST))
N
NON-MANDAT
TORY PRE-PR
ROPOSAL MEE
ETING
D
DATE:
Frid
day, October 4, 2013, 2:00 – 4:0
00 PM
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
NOT
TE: Attendancce at this non
n-mandatory m
meeting is
STR
RONGLY recom
mmended.
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:
SECTION H:
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT F:
EXHIBIT N:
EXHIBIT P:
EXHIBIT Q:
EXHIBIT R:
EXHIBIT S:
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
Affidavit Form
Insurance Requirements
R
Campaign Contribution
C
Diisclosure Form
Sample Non-Disclosure Ag
greement
Sample Serrvices Agreemen
nt for Solution
Constructio
on Contract, AIA
A A-201 as ameended by CNM.
MAIN Cam
mpus Technolog
gy/Wellness Loo
op Conceptual D
Diagram
Network To
opology
Phone Systtem Topology
Future Tech
hnology Environ
nment
ITS Changee Management Process
P
R
RFP # P-357, Advertised Monday,
M
Septtember 30, 20
013
C
Copyright CNM 2013. All rights
r
reserve
ed.
PA
AGE #:
2–3
4–5
6 – 14
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Posteed to website
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220 Pages
P
Page 1 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 2 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 3 of 70
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 crossreferenced 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 response to SECTION D, EVALUATION CRITERIA, paragraphs 3.3.1 THROUGH 3.3.4. CNM
STRONGLY desires that your response be in a point-by-point format.
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. The Fee Proposal must be submitted separately in a sealed envelope including ONLY the Fee Proposal.
i. 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.F. NOTED ABOVE WILL RENDER THE OFFER AS BEING NON-RESPONSIVE.
ANY MODIFICATIONS TO SECTION E SIGNATURE OF FIRM’S AUTHORIZED REPRESENTATIVE RESPONSE FORM
OTHER THAN FILLING IN THE FORM FIELDS IS NOT ACCEPTABLE AND WILL RESULT IN DISQUALIFICATION OF
THE OFFEROR’S RESPONSE. THE GENERAL TERMS AND CONDITIONS ON THE REVERSE SIDE OF CNM’S
PURCHASE ORDER ARE AN EQUAL AND INTEGRAL PART OF THIS REQUEST FOR PROPOSALS (RFP) AND ARE
NOTED IN SECTION C. THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN THIS RFP ALONG WITH ANY
ATTACHMENTS AND THE OFFEROR’S RESPONSE ARE HEREBY INCORPORATED INTO ALL PURCHASE ORDERS
ISSUED AS A RESULT OF THIS RFP, INCLUDING ANY ADDENDA. CNM RESERVES THE RIGHT TO NEGOTIATE WITH
A SUCCESSFUL OFFEROR (CONTRACTOR) PROVISIONS IN ADDITION TO THOSE STIPULATED IN THIS RFP. THE
CONTENTS OF THIS RFP, AS REVISED AND/OR SUPPLEMENTED, AND THE SUCCESSFUL OFFEROR’S PROPOSAL
WILL BE INCORPORATED INTO THE CONTRACT. SHOULD AN OFFEROR OBJECT TO ANY OF THE CNM STANDARD
TERMS AND CONDITIONS THAT OFFEROR MUST PROPOSE SPECIFIC ALTERNATIVE LANGUAGE THAT WOULD BE
ACCEPTABLE TO CNM. 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. OFFERORS SHOULD PROVIDE A BRIEF STATEMENT OF THE PURPOSE AND IMPACT, IF
ANY, OF EACH PROPOSED CHANGE FOLLOWED BY THE SPECIFIC PROPOSED ALTERNATE WORDING. OFFEROR’S
WHO HAVE QUESTIONS OR CONCERNS REGARDING THESE REQUIREMENTS ARE ENCOURAGED TO CONTACT
CNM’S PURCHASING OFFICE FOR CLARIFICATION.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 4 of 70
PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT:
2. SUBMITTAL DEADLINE AND LOCATION
All responses must be received in a SEALED envelope by CNM no later than 4:00 PM MDT, Monday, October 21,
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
Attn:
RFP # P-357, Due on or before 4:00 PM MDT, October 21, 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.
3.
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.
TENTATIVE SEQUENCE OF EVENTS
a.
Pre-Proposal Meeting
Date:
Friday, October 4, 2013
Time:
2:00 – 3:00 PM, Walk-through 3:00 PM – 4:00 PM
CNM Main Campus 835 Buena Vista SE
SRC Building, Room SCR111H/111J
b.
c.
d.
Questions/Clarifications
RFP Amendments
Submission of Proposal
Accepted through Monday, October 14, 2013
Issued by Wednesday, October 16, 2013
PROPOSALS MUST BE SEALED AND DATE STAMPED
RECEIVED BY CNM PURCHASING DEPARTMENT
SUBMISSION DEADLINE, ON OR BEFORE:
Due Date:
Monday, October 21, 2013
Due Time:
4:00 PM, Mountain Daylight Time
Location:
CNM Purchasing Office
Building A, Room 109
525 Buena Vista SE
Albuquerque, NM 87106
e.
f.
g.
Shortlist Finalists
Finalist Interviews
Begin Contract Negotiations
h. Notice of Award
Friday, November 8, 2013 (If deemed necessary)
Friday, November 15, 2013 (If deemed necessary)
Monday, November 18, 2013
Monday, December 9, 2013
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 5 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
1.
ACCEPTANCE. Services - Right to reject; specifications.
(I) All services furnished will be subject to inspection and
testing by buyer and buyer's agents. Any 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. Buyer's payment of all or any part of the
purchase price prior to such inspection, testing and nonacceptance of the services involved shall not constitute a waiver
of any of buyer's rights hereunder.
2.
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”.
3.
ADDRESSES FOR NOTICES.
A. Copies of Addenda/Amendments will be made available
for inspection wherever Request for Proposals are on file
for that purpose.
B. No Addenda/Amendment may be issued later than five (5)
days prior to the date for receipt of Proposals, except an
Addendum withdrawing the Request for Proposals or one
which provides notice of postponement of the date or time
for receipt of Proposals.
C. 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.
4.
ATTORNEY’S FEES. If any action resulting from this RFP is
brought against CNM, such action shall be brought in the
County of Bernalillo, State of New Mexico. If CNM prevails,
CNM shall be entitled to reasonable attorney’s fees. The law
of the State of New Mexico shall govern these matters.
5.
AUTHORITY TO BIND CNM. Offeror shall not have the
authority to enter into any contracts binding upon CNM or to
create any obligations on the part of CNM, except such as
shall be specifically authorized by the CNM representative,
acting pursuant to authority granted by CNM
6.
AWARD OF PROPOSALS.
A. Notice of Award - CNM will notify finalists in writing of
the final award(s). This notice will include the score based
rankings of firms from the written proposals and the final
score based ranking made after interviews for the project
award(s).
B. 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.
C. CNM reserves the right to award this proposal based on
the evaluation criteria contained herein; to reject any and
all proposals or any part thereof, and to accept the
proposal that is in the best interest of CNM
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
D.
E.
A written notice of award shall be issued by CNM after
review and approval of the Proposal and related
documents by CNM with reasonable promptness. The
names of all contractors submitting proposals and the
names of all businesses, if any, selected for interview shall
be public information. After an award has been made,
final ranking and evaluation scores for all proposals shall
become public information. The contents of any proposal
shall not be disclosed so as to be available to competing
Offerors during the negotiation process.
The resultant agreement shall not be binding on CNM
unless approved by CNM’s Capital Outlay, CNM
Governing Board, and the respective Vice President for
Finance and the Director of Purchasing prior to services
being rendered. The Agreement shall be signed by the
Successful Offeror and returned within an agreed time
frame after the date of the Notice of Award. No
Agreement shall be effective until it has been fully
executed by all of the parties thereto
7.
BRIBES, GRATUITIES AND KICK-BACKS. Pursuant to
§13-1-191 NMSA 1978, reference is hereby made to the
criminal laws of New Mexico (including § 30-14-1, § 30-24-2,
and § 30-41-1 through § 30-41-3 NMSA 1978) which prohibits
bribes, kickbacks, and gratuities, violation of which constitutes
a felony. Further, the Procurement Code (§ 13-1-28 through §
13-1-199 NMSA 1978) imposes civil and criminal penalties for
its violation.
8.
CNM’S RESPONSIBILITIES. CNM shall designate a
representative to act on its behalf as project manager for the
project. The Representative shall have limited authority to give
general direction to the Engineer, answer questions, to approve
pay applications, and initiate the change order process. The
CNM’s Purchasing Director or the Director’s designee shall
administer the resultant agreement and shall have the authority
to 1) modify or interpret the Agreement, 2) to authorize the
Engineer to perform additional services or 3) to approve change
orders, all of which are decisions which are reserved to be made
by CNM’s Purchasing Director. No action, representation, or
conduct by any CNM’s Representative shall relieve the
Engineer of its responsibilities to carry out its duties and
obligations under the resultant agreement.
9.
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.
10. 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.
11. 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.
12. CHANGES/ALTERATIONS AFTER AWARD. Changes or
alterations after the award can only be made if agreed to in
writing by CNM.
Page 6 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
13. COPIES OF REQUEST FOR PROPOSALS.
A. A complete set of the Request for Proposals and all
Exhibits may be obtained from the CNM Purchasing
Department located on the Main Campus at 525 Buena
Vista SE, A Building, Room #A128, Albuquerque, New
Mexico 87106.
B. A complete set of the Request for Proposals shall be used
by the Offeror in preparing and submitting proposals;
CNM assumes no responsibility for errors or
misinterpretations resulting from the use of an incomplete
set of the Request for Proposals.
C. CNM in making copies of Request for Proposals available
on the above terms, does so only for the Purpose of
obtaining proposals on the Project and does not confer a
license or grant for any other use.
D. A complete copy of the Request for Proposals shall be
made available for public inspection and shall be posted at
the CNM Purchasing Department website.
14. CONFIDENTIALITY. Any information provided to or
developed by the Contractor 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
Contractor without prior written approval of CNM.
15. 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).
16. 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 response to this RFP) shall take precedence,
followed by the provisions of the Request for Proposals, and
then lastly, the terms of the Vendor’s/Contractor’s response to
this RFP.
17. CORRECTION OR WITHDRAWAL OF PROPOSALS.
A. A Proposal containing a mistake discovered before
proposal opening may be modified or withdrawn by an
Offeror prior to the time set for proposal opening by
delivering written or telegraphic notice to the location
designated in the Request for Proposals as the place where
Proposals are to be received.
B. Withdrawn Proposals may be resubmitted up to the time
and date designated for the receipt of Proposals, provided
they are then fully in conformance with the Request for
Proposals.
C. Only modifications received prior to the time specified for
the closing will be accepted. No modifications will be
accepted following the opening. Technical clarifications
of the offer may be requested by the Buyer following the
opening.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
18. DEBARRED OR SUSPENDED CONTRACTORS. A
business (contractor, subcontractor or supplier) that has either
been debarred or suspended pursuant to the requirements of §
13-1-177 through § 13-1-180, and § 13-3-11 through § 13-4-17
NMSA 1978 as amended, shall not be permitted to do business
with CNM and shall not be considered for award of the contract
during the period for which it is debarred or suspended with
CNM
19. 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.
20. 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.
21. 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.
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. EMPLOYMENT
OF
CONSULTANTS
AND
SUBCONTRACTORS.
A. Offeror agrees to employ competent and New Mexico
licensed and registered Engineers, architects, surveyors
and other professionals, and such consultants and
subcontractors for the project, as might be necessary for
the proper design and construction/demolition of the
project. Offeror represents that services that are proposed
to be performed by the design professionals under a
resultant agreement shall 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. Offeror
represents that the performance of any consultant or
subcontractor assigned by Offeror to work on the project
shall be in accordance with sound professional standards,
and the requirements of the resultant agreement.
B. The Offeror shall list and state the qualifications for each
Consultant or Sub-contractor the Offeror proposes to use
for all consultants and subcontracted Work.
Page 7 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
C.
D.
The Offeror is specifically advised that any person or other
party, to whom it is proposed to engage as a consultant or
sub-contractor under this proposal, must be acceptable to
CNM after verification by CNM of the current eligibility
status, including but not limited to suspension or
debarment by CNM. Any work to be performed by a
consultant or sub-contractor by the successful Offeror
shall require the prior written approval of CNM.
All sub-contractors must be registered with the Labor and
Industrial Division of the New Mexico Department of
Labor (DOL).
24. ENTIRE AGREEMENT. CNM’S PURCHASE ORDER
AND OTHER ATTACHED CONTRACT DOCUMENTS
INCLUDING ATTACHMENTS AND ADDENDUMS
ISSUED BY CNM, THIS RFP, AND CONTRACTOR’S RFP
OFFER CONSTITUTES THE CONTRACT AGREEMENT
BETWEEN THE PARTIES.
A. This Proposal along with its attachments will be
considered to be part of the resultant price agreement with
purchase order and other contract documents are to be
incorporated by reference.
B. CNM's General conditions as an Attachment are an equal
and integral part of this Request for Proposals and any
resultant award(s).
25. 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.
26. EVALUATION AND SELECTION PROCESS.
A. Upon receipt of proposals or at any time during the
proposal process, CNM’s Purchasing Department may
determine the responsiveness of each proposal.
B. A selection committee to evaluate the written proposals
and interviews will be designated by the CNM Purchasing
Office. Based upon the proposals and the evaluation
criteria set forth within this Request for Proposals, the
evaluation committee, composed of representatives
selected by CNM, shall evaluate the RFP written offers
submitted in regard to the particular project. Rankings
will be score based upon an average of the committee’s
scores, including any residential or resident veteran
preference. The CNM Purchasing Department may verify
for scoring purposes items such as preference or volume of
work sections.
C. Based upon the score based ranking from the written
proposals, the committee may interview the top ranked
contractors that have been shortlisted. The evaluation
committee shall score the interviews based upon the
criteria stated within the RFP and any additional questions
related to the scope and requirements of the project. The
committee will take into account the information received
in the written proposals in addition to the information
received from their interviews in making their final scores.
D. The final scores will be submitted to the Buyer. The final
scores shall be ranked independently from any previous
scores and will not be averaged with the written proposal
scores which were used to determine a short listed
contractor selected for interviews.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
E.
Based upon the average of the final scores, the evaluation
committee shall recommend, ranked in the order of their
qualifications using a point system, no less than three (3)
contractors deemed to be the most qualified to perform the
required services. If fewer than three (3) contractors have
submitted a statement of qualifications for a particular
project, the evaluation committee may:
1. Rank in order of qualifications the contractor (s) and
submit to the Purchasing Office who will present and
request approval of the finalist ranking to be
considered by CNM Governing Board for award
those businesses which have submitted an offer to
the RFP; or
2. Recommend termination of the selection process
pursuant to Section 13-1-131 NMSA 1978 and send
out of new notices of the re-solicitation of the
proposed procurement. Any proposal received in
response to the terminated solicitation is not public
information and shall not be made available to
competing Offerors.
27. 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.
28. FINANCIAL STATEMENTS. If requested, all bidders may
be required to submit their most recent Income Statement,
Balance Sheet, and Statement of Cash Flows.
29. 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.
30. GENERAL TERMS AND CONDITIONS. CNM's General
Terms and Conditions are an equal and integral part of this
Request for Proposals.
31. 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.
32. INDEMNIFICATION. Offeror agrees to 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, Offeror's
and/or its employees', Consultants, Subcontractors errors, acts,
omissions or negligence.
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. This Agreement to
Indemnify shall not extend to liability, claims, damages, losses
or expenses, including attorney fees, arising out of:
A. The preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs or specifications
by the indemnitee, or the agents or employees of the
indemnitee; or
Page 8 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
B.
The giving or failure to give directions or instructions by
the indemnitee, or the agents or employees of the
indemnitee, where the giving or failure to give directions
or instructions is the primary cause of bodily injury to
persons or damage to property.
33. INSURANCE REQUIREMENTS.
A. 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. The
Project Name and CNM’s Name must appear on the
Certificate of Insurance.
B. PROFESSIONAL LIABILITY INSURANCE. At its own
expense, the successful offeror shall be required to procure
and maintain during the life of the resultant agreement
professional liability insurance in an amount not less than
One Million ($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. Design Professional
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 Design Professional.
34. INTERPRETATIONS.
A. CNM is not liable for any errors or misinterpretations
made by the offeror responding to this RFP. No advantage
shall be taken by Offerors in the omission of any details.
Any misstatements of fact, misrepresentations or errors in
the Offeror’s proposal may, at the sole discretion of CNM,
be cause for disqualification. Offerors are responsible for
ensuring that all information provided in the proposal
response is accurate and complete in its entirety.
B. All questions about the meaning or intent of the Request
for Proposals shall be submitted in writing to the attention
of the Buyer for this procurement. Replies will be issued
by Addenda mailed or delivered to all parties recorded by
CNM as having received the Request for Proposals.
Questions received less than five (5) days prior to the date
for opening of proposals may not be answered. Only
questions answered by formal written addenda will be
binding. Oral and other interpretations or clarifications
will be without legal effect.
C. Offerors shall promptly notify CNM of any ambiguity,
inconsistency, or error, which they may discover upon
examination of the Request for Proposals
35. 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.
A.
B.
The Offeror shall assume full responsibility for timely
delivery of proposals at the Procurement Officer office,
including those proposals submitted by mail. Handdelivered proposals shall be submitted to the Purchasing
Agent/Buyer or his Procurement Officer or his designee
and will be clocked in/time stamped at the time received,
which must be prior to the time specified.
Oral, telephonic, or electronically submitted proposals are
invalid and will not receive consideration. However,
proposals may be modified by telegraphic/facsimile
notice, provided that the notice is received by the time and
date specified for the closing.
37. 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.
38. 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.
39. NEGOTIATIONS.
A. Contract Negotiations - The Owner and the successful
Offeror(s) will begin contract negotiations as soon as
possible after recommendation for award from the
selection committee. Negotiations may be conducted with
responsible Offerors who submit offers found reasonably
likely to be selected for award.
B. The CNM Standard Agreement Part A (Sample Services
Agreement) and Part B (AIA A-201 as amended by CNM)
and attachments between Owner and Engineer/Design
Professional. Final Engineer/DESIGN PROFESSIONAL
fees are determined during contract negotiations and
depend on such factors as project size and complexity as
related to the approved DESIGN PROFESSIONAL Rate
Schedule. If contract negotiations are not finalized within
a reasonable period of time, the Owner will conclude
negotiations with the selected firm and begin negotiations
with the next ranked firm based on final ranking.
C. The CNM’s Buyer, Director of Purchasing or designee
shall negotiate a contract with the highest qualified
contractor for the services contemplated under this RFP at
compensation determined in writing to be fair and
reasonable. In making this decision, the Buyer or designee
shall take into account the estimated value of the services
to be rendered and the scope, complexity and professional
nature of the services.
36. 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.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 9 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
D.
E.
Should the Buyer or designee be unable to negotiate a
satisfactory contract with the business considered to be the
most qualified at a price determined to be fair and
reasonable, negotiations with that business shall be
formally terminated. The Buyer or designee shall then
undertake negotiations with the second most qualified
business. Failing accord with the second most qualified
business, the Buyer or designee shall formally terminate
negotiations with that business. The Buyer or designee
shall then undertake negotiations with the third most
qualified business.
Should the Buyer or designee be unable to negotiate a
contract with any of the businesses selected by the
committee, additional businesses shall be ranked in order
of their qualifications and the Procurement Officer or
designee shall continue negotiations in accordance with
this section until a contract is signed with a qualified
business or the procurement process is terminated and a
new request for proposals in initiated
40. NOTICE OF CONTRACT REQUIREMENTS BINDING
ON OFFEROR.
A. The Offerors’ attention is directed to all applicable federal
and state laws, local ordinances and regulations and the
rules and regulations of all authorities having jurisdiction
over the services of the Project.
B. In submitting a proposal response, the Offeror represents
that the Offeror is familiarized with the nature and extent
of this Request for Proposals dealing with federal, state
and local requirements, which are a part of this Request
for Proposals. Offeror agrees to be bound by and abide by
and perform any and all of its duties, obligations and
responsibilities awarded in response to this Request for
Proposals in strict accordance with the ethics of its
profession and all federal and state municipal laws,
regulations, and ordinances regulating the practice of
Architecture, engineering or surveying.
C. Offeror agrees to perform all work and services awarded
as a result of this Request for Proposals in accordance with
normal standards of Professional care. The offeror agrees
to cooperate with CNM and other contractors and
coordinate work involving other contractors through
CNM's authorized representative.
41. 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.
42. 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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
43. OWNERSHIP OF MATERIAL. Any and all data, material,
documentation, notes, drawings, design, specifications and
other work prepared by, developed or performed by the Offeror
in conjunction with a resultant award of an agreement to this
RFP shall and will become the property of and belong
exclusively to CNM. Before receiving final payment, the
successful Offeror shall be required to deliver to CNM the
original construction documents and details and a bound
volume of the specifications. CNM shall not have the right to
use the construction documents for other building projects
except as may be required for reference without the successful
Offeror’s consent. CNM shall not have the right to sell the
construction documents, drawings and specifications. The
successful Offeror shall not be permitted to reuse the drawings
developed for the project identified within this RFP in whole or
in part for other projects without obtaining CNM's prior written
permission.
44. 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.
45. 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.
46. PROPOSAL EVALUATION.
A. Proposals shall be evaluated on the basis of demonstrated
competence and qualifications for the type of service
required, and shall be based on the evaluation factors set
forth in this RFP.
B. CNM shall have the right to waive technical irregularities
in the form of the Proposal of the Offeror, which do not
alter the price, quality or quantity of the services,
construction or items of tangible personal property offered.
47. PROPOSAL OPENING.
A. 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.
B. Offerors may request in writing nondisclosure of
confidential data and trade secrets. Such data should
accompany the proposal and should be readily separable
form the proposal in order to facilitate eventual public
inspection of the non-confidential or non-trade secret
portion of the proposal. A request that states that the
entire proposal be kept confidential will not be acceptable.
Only matters, which clearly are of a confidential nature
considered to be a trade secret, will be considered. All
information, except that marked as confidential and
considered a trade secret, will become public information
at the time that the Proposal is awarded.
Page 10 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
48. PROTESTS.
A. Any Offeror who is aggrieved in connection with a
solicitation or award of an Agreement may protest to
CNM’s Buyer for the procurement and the CNM Director
for Purchasing in accordance with the requirements of
CNM’s Procurement Regulations and the state
Procurement Code. The protest should be made in writing
within 24 hours after the facts or occurrences giving rise
thereto, but in no case later than 15 calendar days after the
facts or occurrences giving rise thereto.
B. In the event of a timely protest under this section, CNM
shall not proceed further with the procurement unless
CNM makes a determination that the award of Agreement
is necessary to protect substantial interests of CNM.
C. The Director of Purchasing, or designee shall have the
authority to take any action reasonably necessary to
resolve a protest of an aggrieved Offeror concerning
procurement.
This authority shall be exercised in
accordance with adopted regulations, but shall not include
the authority to award money damages or attorneys’ fees
(§ 13-1-174 NMSA 1978).
D. The Director of Purchasing or designee shall promptly
issue a determination relating to the protest. The
determination shall:
1. state the reasons for the action taken; and
2. inform the protestant of the right to judicial review of
the determination pursuant to § 13-1-183 NMSA
1978.
E. A copy of the determination issued under § 13-1-175
NMSA 1978 shall immediately be mailed to the protestant
and their Offerors involved in the procurement (§ 13-1178 NMSA 1978).
49. 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.
50. 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.
51. RECORDS AND AUDIT. The successful offeror shall be
required to 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 the
successful Offeror involving transactions related to any
Agreement entered into as a result of this RFP for a period of
three (3) years after final payment.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
52. REFERENCES. Vendor should 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.
53. 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.
54. 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.
55. RESPONSIBLE OFFEROR.
A. All work shall be under the direction of the applicable
engineer/design professional legally licensed and
registered by the state of New Mexico. The contractor and
all contractor's employees and subcontractor’s and
subcontractor’s employees utilized on the work to be
performed under this Proposal must have the proper
certification(s) and license(s) to comply with all Federal,
State and local requirements connected to this proposal
and must be registered with the appropriate State of
New Mexico body, the contractor shall use only fully
qualified and approved service technicians to perform
inspections and services under this Proposal.
B. 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.
C. OFFEROR’S QUALIFICATION STATEMENT. Offeror
to whom award of an Agreement is under consideration
shall submit, upon request, information and data to prove
that their financial resources, production or service
facilities, personnel, and service reputation and experience
are adequate to make satisfactory delivery of the services
described in the Request for Proposals. Offer shall
provide audited financial statements if requested by CNM.
D. If an Offeror who otherwise would have been awarded a
contract is found not to be a responsible Offeror; a
Determination that the Offeror is not a responsible
Offeror, setting forth the basis of the finding, shall be
prepared by the CNM Buyer. The unreasonable failure of
the Offeror to promptly supply information in connection
with an inquiry with respect to responsibility is grounds
for a determination that the Offeror is not a responsible
Offeror. Contractors, which have not been selected, shall
be so notified in writing within twenty-one days after an
award is made through a posting to the CNM website
Page 11 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
56. 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.
57. 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
58. 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.
59. 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.
60. 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.
63. 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.
64. SUBCONTRACTORS. Any work subcontracted by the
successful vendor shall require the prior written approval of the
subcontractor by CNM.
A. 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.
B. 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
"Sub-subcontractor" is referred to throughout the
Contract Documents as if singular in number and
means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
C. AWARD OF SUBCONTRACTORS. All awards of
subcontracts shall be in accordance with the New
Mexico Subcontractors Fair Practices Act as
applicable.
61. 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
62. 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.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 12 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
65. 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.
66. 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
67. SUBMITTALS.
A. Offerors are hereby expressly instructed that all proposals
in response to this solicitation shall meet all specifications
and requirements of this solicitation.
B. Proposals shall be submitted at the time and place
indicated in the Notice of Request for Proposals and shall
be included in an opaque sealed envelope marked with the
Project title and name and address of the Offeror and
accompanied by the documents listed in the Request for
Proposal.
C. The envelope shall be addressed to the Procurement
Officer/Buyer of CNM. The following information shall
be provided on the front lower left corner of the Bid
envelope: Request for Proposal number, Project Title, date
and time of opening. If the Proposal is sent by mail, the
sealed envelope shall have the notation “SEALED
PROPOSAL ENCLOSED” on the face thereof.
D.
E.
F.
In submitting a proposal in response to this Request for
Proposals, the Offeror represents that the Offeror is
familiarized with the nature and extent of the Request for
Proposals dealing with federal, state, and local
requirements which are part of the Request for Proposal.
The successful Offeror shall perform work under the
resultant agreement in strict accordance with the latest
version of all Federal, State and local codes, rules, laws,
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
contractor. The response must be signed by an authorized
representative in order for proposal to be considered
responsive. Complete and return the form labeled,
EXHIBIT E: “Signature of Firm’s Authorized
Representative” with proposal response.
Each proposal shall include a proposal of fees for Basic
Services to be charged under this agreement. Central New
Mexico Community College adheres to the State of New
Mexico General Services Division-Architect Rate
Schedule.
THE FEE PROPOSAL SHALL BE
SUBMITTED
IN
A
SEPARATE
SEALED
ENVELOPE. Fees shall not be used in the evaluation of
qualifications. However, failure to submit an appropriate
fee proposal may lead to disqualification. Such separate
submittals, shall only be opened, after final rankings of
submittals have been performed and finalized. Cost
Proposals will be opened in the presence of two or more
witnesses.
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.
68. SUCCESSORS AND ASSIGNS. Contractor shall not assign
the Contract as a whole without written consent of Owner. If
Contractor attempts to make such an assignment without such
consent, Contractor shall nevertheless remain legally
responsible for all obligations under the Contract.
69. 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.
70. TECHNICALITIES. CNM reserves the right to waive minor
irregularities. Also CNM 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.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 13 of 70
SECTION A: STANDARD PROPOSAL TERMS AND CONDITIONS FOR RFP # P-357
71. ELECTRONIC/FACSIMILE SUBMITTALS. Electronic /
Facsimile proposal submittals will not be considered. However,
proposals may be modified by electronic/facsimile notice,
provided that the notice is received by the time and date
specified for the closing.
72. TERMINATION. Termination for cause. If Offeror, 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. Offeror shall take corrective measures within such
time. Offeror'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.
In the event of a for-cause termination, CNM shall terminate
this Agreement by delivering to Offeror 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 Offeror shall
deliver to CNM all design plans, construction estimates,
drawings, documents, survey books, construction documents
and all other materials developed under this Agreement. CNM
shall then have the right to retain the services of other
engineers/design professionals to complete the Offeror’s work
under this Agreement, and shall have no obligation to seek bids
for that replacement design professional(s). The cost of
completing the Offeror’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 Engineer. If the cost of completing the work
under this Agreement exceeds the contract amount, then the
Offeror shall pay CNM for the difference between the contract
amount and the cost to complete the Offeror’s work.
73. TIMELINESS OF PERFORMANCE. The Engineer/Design
Professional agrees and shall be required to prosecute work
under any resultant agreement to this RFP with diligence and
continuous effort, and that the Design Professional will not
delay the work in order to perform other contracts entered into
by the Engineer/Design Professional. The Engineer/Design
Professional agrees that time is of the essence in the
performance of services awarded in response to this RFP and
the construction project. The Engineer/Design Professional
understands that if the Engineer/Design Professional fails to
meet any of the time schedules or milestones without the
written approval of CNM, CNM may suffer damages as a result
of such delay. Should such damage occur, CNM will take
appropriate action for recovery of such damage. However,
Engineer/Design Professional will not be responsible for
consequential damages resulting from delays beyond
Engineer’s/Design Professionals’ control.
Engineer/Design
Professional agrees to and shall be required to continue to
perform work under a resultant Agreement through all disputes,
with the Owner (CNM) and/or the Contractor, including but not
limited to payment disputes and disputes regarding the scope of
the Engineer’s/Design Professional’s obligations under the
Agreement.
74. 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.
75. 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.
Termination for convenience of CNM. On fifteen (15)
business days written notice to Engineer, CNM may terminate
this Agreement in whole or in part for its own convenience in
the absence of any default of Offeror.
In the event of a no-cause termination, CNM shall terminate
this Agreement by delivering to Offeror 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, Offeror shall deliver to CNM all
design plans, construction estimates, drawings, documents,
survey books, construction documents and any or all other
materials developed under this Agreement. Upon delivery of
such notice, the Offeror shall have the right to receive payment
for services satisfactorily performed to termination date,
including reimbursement then due.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 14 of 70
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-357, Advertised Monday, September 30, 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 15 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
1.
SCOPE OF REQUEST:
Central New Mexico Community College (CNM) is soliciting proposals from experienced, industry leading
firms (the Vendor), with expertise and resources to provide advanced telecommunications engineering and
construction administration services for the design and implementation of an underground telecommunication
utility infrastructure system to be constructed primarily on CNM’s Main Campus, including a comprehensive
topographical survey with some additional design and construction administration services at CNM’s Joseph
M. Montoya Campus (JMMC). The underground telecommunication utility infrastructure system shall
provide CNM with adequate growth capacity and flexibility to serve both CNM’s immediate and future
requirements. In order to future proof its communications infrastructure CNM is seeking solutions that will
allow cost effective expansion, replacement and upgrades of media in the future with minimal service impacts.
CNM is also seeking designs that will allow for reduction or possible elimination of its OSP copper
infrastructure requirements. It is expected that the Vendor shall work closely with CNM/ITS staff and CNM’s
Network Managed Services contractor to achieve this objective. The selected engineering firm is expected to
serve as the primary design professional throughout the following project phases:
a)
b)
c)
d)
e)
f)
g)
h)
Programming Phase
Schematic Design Phase
Design Development Phase
Construction Document Phase
Construction Bidding Phase
Construction Administration Phase
Final Completion Phase
Commissioning Phase (CNM will contract with a 3rd party to perform the Commissioning Phase. Any
required changes resulting from this may require the awarded Vendor to this RFP to correct and/or
address.)
In addition the overall project will involve the design and construction of a “Wellness Path” located above the
underground communications utilities on CNM’s Main Campus. The project will likely require extensive civil
engineering services as well as landscape architecture. This portion of work may comprise up to 30% of the
overall project MACC. While important, the primary focus is for the Engineering disciplines needed to
achieve the underground telecommunication utility infrastructure.
The project will also require planning and coordination in conjunction with CNM’s Information Technology
Services (ITS) and Facilities departments in order to deliver an operable communications system with minimal
adverse impact to CNM’s IT services, parking services and building access to students.
The Vendor is also expected to provide as a deliverable updated Outside Cable Plant (OSP) standards as
additions to CNM’s Facilities Management / Construction Manual.
Funding: The maximum allowable construction cost (MACC) is $3,267,520.00 excluding gross receipts tax.
CNM also desires to establish a price agreement for future Telecommunications Engineering Services as well
as other engineering services that comprise the scope of this RFP.
CNM wishes to qualify and award the highest ranked respondent to this RFP for Engineering/Architectural
services described in this RFP.
1.1
CNM INSTITUTIONAL INFORMATION:
CNM is the largest community college in the State of New Mexico, providing year-round instruction. CNM is
a metropolitan commuter college with a primary focus on quality instruction. As such CNM does not have
dormitories, research or sports facilities. CNM has an enrollment of approximately 30,000 students in both the
fall and spring semesters and approximately 15,000 students enrolled in the summer term. The current Full
Time Enrollment (FTE) is 16,415 students. The average FTE over the past two years has been approximately
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 16 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
15,000 students. CNM serves its students at seven campus locations in the Albuquerque metropolitan area:
Main Campus (MAIN), Joseph M. Montoya Campus (JMMC), South Valley Campus (SVC), Workforce
Training Center (WTC), West Side Campus (WSC), Rio Rancho Campus (RRC) and the Applied Technology
Center (ATC) as well as two Small Business Development Centers (SBDCs) and online distance learning and
hybrid instruction. The college offers associates degrees and certificates in a variety of subject areas.
For complete information about CNM see the current CNM Fact Book located at:
http://www.cnm.edu/depts/planning/instres/fact_book/factbook.html
1.2
CAMPUS LOCATIONS:
Street addresses, campus layouts, building names and parking areas are provided per the below link.
http://www.cnm.edu/maps-and-directory
1.3
CURRENT TECHNOLOGY ENVIRONMENT
A summary of CNM’s current technology environment relevant to this RFP is provided in Exhibit F: Current
Technology Environment. An understanding of the current technology may provide insight into the level of
coordination that will be required to design and implement the new telecommunication utilities. Locations,
conceptual designs, topology maps and business processes relevant to this RFP are included as exhibits as
follows:
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
Exhibit N:
Exhibit P:
Exhibit Q:
Exhibit R:
Exhibit S:
1.4
MAIN Campus Technology/Wellness Loop Conceptual Diagram.
Network Topology
Phone System Topology
Future Technology Environment
CNM Change Management Process
FUTURE ENVIRONMENT
As a large community college serving a dynamic community CNM’s mission is, “To create education
opportunities and community partnerships while pursuing a level of community college excellence that is
worthy of local and national recognition.” In order to serve this mission and CNM’s goals of Student Success,
Community Success, and Organizational Excellence and Innovation, CNM’s technology environment reflects
the dynamic nature of the college and is constantly challenged to integrate new technologies that serve the
needs of the college community. Over the duration of the contract resulting from this RFP, CNM may
determine it is in CNM’s best interest to upgrade or expand existing telecommunication utility systems. The
successful Vendor shall play a key role in technology discussions and will be asked to work with CNM to
identify potential technical constraints, benefits and impacts of various technology solutions, and to assist in
determining Return On Investment (ROI). A summary of technology initiatives that CNM is actively pursuing
or is considering in the near future is provided per Exhibit R: Future Technology Environment.
1.5
CNM IT SUPPORT STAFF
CNM’s department of Information Technology Services (ITS) provides centralized support for all of CNM’s
information technology services and initiatives at all campus locations. ITS strives to maintain a highly
motivated customer oriented support organization by recruiting talented IT professionals and offering ongoing
opportunities for advancement and training.
2.
SCOPE OF WORK
The successful Vendor will propose Engineering Design and Construction Administration Services that meet
the criteria identified by CNM’s ITS and Facilities departments. The vendor will be responsible for the
technical accuracy and identifying the impacts of the proposed solution to the current environment as well as
the impacts to CNM staff responsible for the ongoing administration, maintenance and support of CNM’s
telecommunication utilities and grounds based on the proposed solution as described herein and in the related
Exhibits. A compliance statement by the vendor is required on each point. The compliance statement shall
include the method of delivery for each requirement as well as any costs or limitations not provided elsewhere
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 17 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
by the Vendor. Bidders shall be deemed non-responsive if offering other than full compliance to
MANDATORY requirements. A non-mandatory pre-proposal meeting as well as a site(s) inspection will be
conducted to further address any additional questions.
2.1
THE FOLLOWING WILL BE INCLUDED AS BASIC SERVICES FOR ALL PROJECT PHASES AND
SPECIAL SERVICES:
The Vendor shall provide a list of all deliverables for each phase of the project as well as a schedule for
completing the project.
The facilities must remain operational throughout the construction. The
Engineer/Design Professional will break down each phase of the project as follows:
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
Programming Phase
Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding Phase
Construction Administration Phase
Final Completion Phase
Commissioning Phase
2.1.9
An updated estimate of probable construction cost will be required at the beginning of each phase, 2.1.1. –
2.1.8.
2.1.10
The Vendor shall designate a single point of contact to serve as the Project Manager through the duration
of the development of the project.
2.1.11
The designated Project Manager shall work closely with CNM/ITS staff in regards to all aspects of the
project and provide oversight and coordination for all activities described in the Scope of Work.
2.1.12
The Vendor shall maintain in their employment at least one BiCSi RCDD/OSP certified engineer who is
also trained and qualified by major OSP Cable Systems manufacturer's to provide engineering and design
services throughout the project. CNM also requires that an Engineer/Design Professional that meets these
requirements is assigned as the technical lead for the duration of the project.
2.1.13
The Vendor shall provide full construction inspection and certification services as required by the State of
New Mexico Construction Industries Division (CID) and other entities having jurisdiction over the project.
2.1.14
The Vendor shall conduct campus meetings to seek input from stakeholders into the schedule and design
of the Technology and Wellness Loop project.
2.1.15
The Vendor shall perform the services expeditiously as is consistent with the professional skill and care
which is ordinarily applied by engineers of good standing with the New Mexico State Board of licensure
for Engineers.
2.1.16
The Vendor shall provide a full Professional Team: For the performance of the services required by the
Agreement. The Vendor shall employ the services of consulting engineers so as to provide a full
professional design and construction administration team as dictated by the disciplines of engineering
design involved in the Work.
2.1.17
The Vendor shall review and comply with laws, codes, and regulations applicable to the design
incorporating requirements imposed by governmental authorities having jurisdiction over the project such
as but not limited to NM CID.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 18 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
2.1.18
The Vendor shall consider and advise the Owner of the comparative values of alternative materials, and
equipment relative to construction, maintenance, and life cycle costs to achieve a design appropriate for
the Owner's program and suitable for the Project Budget.
2.1.19
All work shall be designed to fall within compliance of the U.S. Green Building Council's Leadership in
Energy and Environmental Design (LEED), per the State of New Mexico Executive Order 2006-001, State
of New Mexico Energy Efficient Green Buildings Standards for State Buildings.
2.1.20
Offeror's responding to this proposal and the successful offer awarded a contract, shall 1) have on staff a
registered professional Engineer who is registered by the State Board of Registration for Professional
Engineer's to practice Engineering services in the State of New Mexico, and who will be assigned
responsible charge for each project; 2) have experience in all phases of Engineering design and
construction; and 3) be able to demonstrate relative experience and expertise in design, construction
administration and project management.
2.1.21
All plans and specifications shall be prepared by and be under the "responsible charge" of a registered
professional Engineer who is registered by the State Board of Registration for Professional Engineer's to
practice Engineering services in the State of New Mexico. Responsible charge means responsibility for
the direction, control and supervision of Engineering services work to assure that the work product has
been critically examined and evaluated for compliance with appropriate professional standards by a
registrant in that profession and by sealing or signing the documents, the professional Engineer accepts
responsibility for the Engineering services work represented by the documents and that applicable
Engineering services standards have been met.
2.1.22
The Vendor acknowledges the importance of creating and implementing a quality assurance plan on this
Project. Engineer/Design Professional agrees to develop and present to the Owner a quality assurance
plan for the design of the Project, for Owner's review and approval, prior to starting work on the Project.
2.1.23
The services of Environmental and/or Geotechnical engineers, testing laboratories, and other consultants
to provide professional evaluations and recommendations pertaining to conditions of the site and existing
improvements, including, but not limited to, tests, and surveys required to ascertain and address surface
and subsurface conditions, structural integrity of existing structures, the presence of hazardous materials
and environmental issues. Such services will be the responsibility of the Engineer/Design Professional and
shall be handled as a cost reimbursable.
2.1.24
The Vendor shall work with NM CID and other governmental authorities having jurisdiction over the
project to determine and calculate impact fees associated with this project.
2.1.25
The Vendor shall review and comply with laws, codes, and regulations applicable to the design
incorporating requirements imposed by governmental authorities having jurisdiction over the project such
as EPA, AMAFCA, and City of Albuquerque.
2.1.26
The Vendor shall provide a complete and accurate survey of the construction site to include but not limited
to: the rights, restrictions, easements, boundaries, topographical contours, existing utilities, and full
information as to sewer, water, gas, electrical services and other utilities.
2.1.27
The Vendor shall obtain necessary construction permits, ingress/egress permits.
2.1.28
The Vendor shall provide complete Construction Inspections/Site Observations required for the Project
and reporting and certification services as required by any governmental entity or code administration
authority, including but not limited to the NM CID, City of Albuquerque, State, City of Albuquerque,
County of Bernalillo, Federal Environmental Protection Agency (EPA), State of New Mexico
Environmental Department and A.M.A.F.C.A.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 19 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
2.1.29
The Vendor shall, within 15 days of the award of a purchase order (PO) incorporating this Agreement,
submit for CNM's approval a schedule for the performance of the Engineer's/Design Professional’s
services, and shall include allowances for periods of time required for the review and approval of
submissions to CNM and any other agency having jurisdiction and the orderly progress of the Project.
Time limits established by this schedule as approved by CNM shall not be exceeded, except for reasonable
cause.
2.1.30
The Vendor shall employ the services of consulting architects, engineers, surveyors, etc. so as to provide
such professional services required by the Agreement. Such services may include civil engineering,
electrical engineering, mechanical engineering, structural engineering, and surveyor.
2.1.31
The Vendor shall prepare a set of drawings updated to reflect actual construction known as record
drawings and deliver, to Owner, a set of Record Documents drawings and an electronic documents file in
AutoCAD and PDF format or as mutually agreed.
2.1.32
The Vendor shall work cooperatively and in partnership with any and all other contractors engaged to
work on the Project including, but not limited to, the general construction contractor and any construction
observation contractor.
2.1.33
The Vendor shall perform the services expeditiously as is consistent with the professional skill and care
which is ordinarily applied by Engineer of good standing with the State Board of Registration for
Professional Engineer's. The Engineer/Design Professional shall provide a full Professional Team for the
performance of the services required by the Proposal.
2.1.34
The Vendor shall employ the services of consulting engineers so as to provide a full professional team as
dictated by the disciplines of architectural and engineering design involved in the work.
2.1.35
CNM would like to have all the items constructed, completed, commissioned and ready to begin
operational services by July 1, 2016. The Vendor shall review the feasibility of the completion date and
advise CNM of any potential or real delays.
2.1.36
The Owner shall have use and rights to all electronic documents produced during all phases of the work.
2.2
BASIC SERVICES – PROJECT PHASES
2.2.1
PROGRAMMING PHASE
The Engineer/Design Professional shall provide Programming Phase services which include, but are not
limited to the following:
2.2.1.1
Develop a written program to ascertain the requirements of the Project and shall review the understanding
of such requirements with the Owner.
2.2.1.2
Provide a complete Project Program listing the needs of the Owner, project cost, objectives, conferences,
regulatory requirements, and Design Criteria.
2.2.1.3
Provide preliminary evaluation of the Owner's Scope of Work and project schedule, project site, budgeted
cost of the Project, and available surveys, tests, and reports to ascertain that each is consistent and
comparable with the others and the requirements of the Project. If the Engineer/Design Professional
detects any inconsistencies or incompatibilities among the documents and information provided by the
Owner, the Engineer/Design Professional shall promptly recommend reasonable adjustments.
2.2.1.4
Investigate existing conditions or existing facilities.
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2.2.1.5
Comply with CNM requirements for telephone and fiber lines as required by the Information Technologies
Services (ITS) Department.
2.2.1.6
Obtain and list all design related permits and approvals required by governmental authorities having
jurisdiction over the Project
2.2.1.7
Meet with all governmental agencies and utility providers to obtain prior approval.
2.2.2
SCHEMATIC DESIGN PHASE
The Engineer/Design Professional shall provide Schematic Design Phase services which include, but are
not limited to the following:
2.2.2.1
Schematic Drawings and Outline Specifications: Based on the Owner approved program, project schedule
and delivery method, project site, budgeted cost of the work, and preparatory surveys, test, and contractors'
reports and any agreed adjustments thereto, the Engineer/Design Professional shall prepare schematic
drawings for schematic plan submittal.
2.2.2.2
Submit for Approval: The Engineer/Design Professional shall submit the schematic design documents for
the approval of the Owner. The schematic design document written approved by the Owner shall
constitute the approved Project Program which can then be revised only by written agreement of the
Engineer/Design Professional and Owner.
2.2.2.3
The Engineer/Design Professional shall provide the Owner with a preliminary Estimate of Probable
Construction Cost prior to beginning the Design Development Phase.
2.2.3
DESIGN DEVELOPMENT PHASE
The Engineer/Design Professional shall provide Design Development Phase services which include, but
are not limited to the following:
2.2.3.1
Drawings and Outline Specifications: Based upon the Schematic Design documents approved by the
Owner, and any adjustments authorized by the Owner in the budgeted cost of the Project, Program
Schedule, or delivery method, the Engineer/Design Professional shall prepare drawings, outline
specifications, and other documents to fix and describe the size and character of the Project.
2.2.3.2
Submit to CNM a preliminary Estimate of Probable Construction Cost based on the current area, volume
and other unit cost to CNM for review. The estimating method(s) and detail to be performed by the
Engineer/Design Professional shall require the prior review and approval of CNM and must present and
provide traceable, supportable information and data.
2.2.3.3
Prepare and distribute, within two (2) days of the occurrence, conference memoranda, meeting minimum
summaries of telephone conversations, documentation of site visits and inspection reports as required to
maintain a comprehensive record of the Project. The Project name shall be shown on all documents.
2.2.3.4
Obtain all design related permits and approvals required by governmental authorities having jurisdiction of
the Project.
2.2.4
CONSTRUCTION DOCUMENT PHASE
The Engineer/Design Professional shall provide Construction Document Phase services which include, but
are not limited to the following:
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2.2.4.1
Authorization: The Owner's written approval of the Engineer's/Design Professional’s Estimate of
Probable Construction Cost and the Design Development drawings and outline specifications shall
constitute authority for the Engineer/Design Professional to proceed with the completion of Bidding
Documents.
2.2.4.2
Bidding Documents: Based on CNM approved design documents and any further adjustments in the
scope, quality and the cost of work of the Project, the Engineer/Design Professional shall prepare Bidding
Documents consisting of final drawings and specifications setting forth in detail the requirements for the
construction of the Project, provide specifications in Master Format 2004. The Bidding documents shall
incorporate the resolutions of CNM comments and shall be complete and ready for bidding. Any
adjustments in the scope shall require the Engineer/Design Professional to update/revise the previously
reviewed and approved Estimate of Probable Construction Cost for CNM's final review and approval.
2.2.4.3
The review of the construction documents by the Owner shall not relieve the Engineer/Design Professional
of responsibility for code compliance, design deficiencies, errors and omissions.
2.2.4.4
Provide all local, State and Federal building officials having jurisdiction a complete set of construction
documents to review, meet with the building officials, and determine any changes. Approval and signature
from the officials is required prior to initiating the Bidding Phase.
2.2.4.5
Determine what code authorities, fire marshal, or other departments have jurisdiction over this project, and
shall meet with the fire marshal or code authorities having jurisdiction over this project and provide that
person or entity with a complete set of construction drawings. Engineer/Design Professional shall ensure
that the fire protection plan for the project meets the applicable fire code, and at the end of construction
shall provide CNM with a Certificate of Compliance, the fire marshal's inspection report, and any other
documentation necessary to ensure that the project meets all applicable fire regulations.
2.2.4.6
Submit to CNM a revised Estimate of Probable Construction Cost based on the current area, volume and
other unit cost to CNM for review. The estimating method(s) and detail to be performed by the
Engineer/Design Professional shall require the prior review and approval of CNM and must present and
provide traceable, supportable information and data.
2.2.5
BIDDING PHASE
The Engineer/Design Professional shall provide Bidding Phase services which include, but are not limited
to the following:
2.2.5.1
Follow the Owner's approval of the Construction Document Phase, and obtain all required local, State and
Federal design and construction review approvals, assist the Owner in developing Bid Documents and
obtaining bids and in the award and preparation of the Construction Contracts.
2.2.5.2
Furnish and distribute Bid Documents to prospective bidders in accordance with CNM's Purchasing
Department procurement rules, regulations and direction.
2.2.5.2.1
Bid Document Deposit: The Engineer/Design Professional shall distribute sets of Bid Documents to
bidders, upon receipt of a deposit for each set. The amount of the deposit shall be determined by the
Owner as prescribed in the Bid Documents.
2.2.5.2.2
Distribution and refund of deposits: Bid sets shall be provided to the general contractor bidders upon
receipt of the deposit and the deposit shall be refunded in full for each set returned in reusable condition
within ten (10) days after bid opening. All refunds shall be paid within twenty (20) days after the opening
of the bids. Any deposits not refunded will be sent to CNM's Purchasing Department noting the amount.
Building exchanges and similar agencies may be provided Bid Documents without charge.
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2.2.5.2.3
Provide the Owner a certified tabulation showing the number of sets reproduced, disposition, and any
payments and deposits received.
2.2.5.3
Pre-bid Conferences. The Engineer/Design Professional shall organize and conduct pre-bid conferences
for prospective bidders.
2.2.5.4
Attend the bid opening and furnish to CNM's Purchasing Department a suitably detailed sheet for
recording the name of the bidder, the bidder's business number, bid security, base bid, alternates, and
remarks. The Engineer/Design Professional shall furnish sufficient tabulation sheets for all in attendance.
Immediately after receipt of bids, the Engineer/Design Professional shall submit to CNM's Purchasing
Department a certified tabulation of all bids received and opened, along with a recommendation as to the
contract award(s). The recommendation for award(s) shall be in writing and directed to CNM's Purchasing
Director.
2.2.5.5
The Engineer/Design Professional at the direction of and in concert with CNM's Purchasing Department
shall prepare and submit to the Owner five (5) original sets of the Construction Contract, utilizing the
forms prescribed by the Owner (which may be in the form of EXHIBIT F or some other form prescribed
by the Owner including all the same provisions with respect to the Engineer/Design Professional as are in
that EXHIBIT F, except as Engineer/Design Professional and Owner may agree to changes to those
provisions with respect to the Engineer/Design Professional), complete with updated Construction
Documents. Each set of the Construction Contract shall be marked OFFICIAL CONTRACT
DOCUMENTS and shall include an executed bid response form, agreement, Performance and Payment
Bonds, Certificate(s) of Insurance, all addenda, plans, drawings, specifications, and supplemental
drawings, and wage rate determinations. Three (3) copies shall be retained by the Owner. One copy shall
be for the Contractor and one copy shall be for the Engineer/Design Professional.
2.2.5.6
The Engineer/Design Professional shall review and approve, or take appropriate action upon, requests for
substitutions submitted in accordance with the procedures in the Instruction to Bidders and as directed by
CNM's Purchasing Department, and prepare responses to questions from prospective bidders pertaining to
the Bid Documents. The Engineer/Design Professional shall prepare in a timely manner for CNM's
review, approval and distribution, addenda responses to all prospective bidders identifying approved
substitutions and providing clarifications and interpretations of the Bidding Documents. All Addenda
shall be approved and distributed to all prospective bidders by CNM's Purchasing Department.
2.2.5.7
Be present and actively participate at the bid opening.
2.2.6
CONSTRUCTION ADMINISTRATION PHASE
The Engineer/Design Professional shall provide Construction Administration Phase services which
include, but are not limited to the following:
2.2.6.1
The Engineer/Design Professional shall perform construction contract administration consistent with the
General Conditions of the Construction Contract and in accordance with CNM procurement procedures.
The Engineer’s/Design Professional's construction contract administration duties shall commence when
the contract between CNM and the selected contractor is fully executed and shall continue through final
completion of the Project.
2.2.6.2
The Engineer/Design Professional will be a representative of the Owner during the construction and in this
capacity will endeavor to (a) guard the Owner against variances from the Contract Documents by the
Contractor, (b) encourage and direct within the Engineer/Design Professional authority, the Contractor to
complete the construction of the Project within the time specified in the Construction Contract or
subsequently extended by the Owner, but Contractor shall be responsible for means and methods for
completing the Project, (c) and guard the Owner against defective work. The Engineer/Design Professional
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will advise and consult with the Owner regarding the performance and progress of the Contractor and
regarding solutions to conditions or problems that may arise due to the design or construction. The
Engineer/Design Professional shall serve as an advisor to CNM and shall have limited authority to act on
behalf of the Owner to the extent provided in the General Conditions of the Contract, which may only be
modified in writing.
2.2.6.3
In response to questions from the Contractor or Owner about the Contract Documents, or as are required
for the performance of construction services, the Engineer/Design Professional shall provide
interpretations and clarification of the Contract Documents that are consistent with the intent of and
reasonably inferable from the Contract Documents. Interpretations and clarifications shall be in the form
of written explanation or directions and/or supplementary details or drawings, whichever is required to
complete, explain or make definite and of the provisions of the Drawings and Specifications and give them
due effect, subject to the prior review and written approval of CNM.
2.2.6.4
The Engineer/Design Professional shall respond to questions about the Contract Documents in a timely
manner consistent with the terms of the Contract Documents.
2.2.6.5
Interpretations and clarifications of the Drawings, Specifications, or other Contract Documents, and
directions, or decisions regarding performance of the construction work, shall be in writing and shall be
advisory to the Contractor and Owner, and are subject to the review and prior written approval of CNM.
2.2.6.6
Project Record. The Engineer/Design Professional shall maintain the Project Record consisting of project
related correspondence, memoranda, notes, Statement for Services, and related documents, Application
and Certification for Payments and related documents, minutes of the meeting, and inspection reports
issued or received by the Engineer/Design Professional. The Owner shall have access to the Project
Record during the Engineer’s/Design Professional's normal office hours. If requested to reproduce the
Project Record, or significant portions of it, for the Owner, the Engineer/Design Professional will do so.
2.2.6.7
Communications. So as to maintain continuity in the Engineer’s/Design Professional's administration of
the Construction Contract and performance of the construction work by the Contractor, and to facilitate
complete documentation of the Project Record, all communications between the Contractor and the Owner
regarding matters of or related to the Construction Contract shall be directed through the Engineer/Design
Professional with copy furnished to the Owner, unless direct communication is otherwise required to effect
legal notifications. Unless otherwise authorized by the Engineer/Design Professional, communication by
and with the Engineer’s/Design Professional's contractors shall be through the Engineer/Design
Professional. Unless otherwise authorized by the Contractor, communications by and with subcontractors
and material suppliers shall be through the Contractor.
2.2.6.8
Submittal review. The Engineer/Design Professional shall review the Contractor's submittals for
conformance with requirements of, and the design concept expressed in, the Contract Documents and
approve or take other appropriate action upon them.
2.2.6.8.1
This review is not intended to verify the accuracy and completeness of details such as dimensions and
quantities or to substantiate installation instructions or performance of equipments and systems, all of
which shall be the responsibility of the Contractor. However, the Engineer/Design Professional shall
advise the Contractor of any errors or omissions which the Engineer/Design Professional may detect
during this review.
2.2.6.8.2
The Engineer/Design Professional shall provide administration of the Construction Contract as provided
for in the Terms and Conditions of the Construction Contract. The Engineer/Design Professional is not
authorized to approve any deviations from the requirements of the Contract Documents. Deviations may
be authorized only by the Owner through an approved written Change Order authorized by the Owner's
Purchasing Department.
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2.2.6.8.3
The Engineer/Design Professional will review and respond to all submittals with reasonable promptness to
avoid delay in the Project or in the activities of the Owner, Contractor or separate contractors.
2.2.6.8.4
Within thirty (30) days after Substantial Completion by the Contractor, the Engineer/Design Professional
will furnish the Owner one (1) complete set of the Contractor's approved submittals, organized in a logical
manner.
2.2.6.9
Review of Construction Schedules.
The Engineer/Design Professional shall review and
approve/disapprove the Contractor's construction schedule, monitor the Contractor's progress, and consult
with the Owner regarding appropriate action to be taken when it is apparent that the Contractor's progress
is jeopardizing Substantial Completion within the Construction Contract Time Schedule.
2.2.6.9.1
The Engineer’s/Design Professional's review and approval of the Contractor's construction schedule shall
be only for compliance with the specified format, Construction Contract Time Schedule, and suitability for
monitoring progress, and such review and approval shall not be construed as a representation that the
Engineer/Design Professional has analyzed the schedule to form opinions of sequences or durations of
time represented in the schedule.
2.2.6.9.2
The Engineer/Design Professional may specify any scheduling method or format that the Engineer/Design
Professional considers to be appropriate for the Project and which is acceptable to the Owner, but the
Engineer/Design Professional shall also require the Contractor to prepare and update the progress schedule
in accordance with the General Conditions of the Contract. The Engineer/Design Professional shall
promptly deliver a copy of the Contractor's approved Progress Schedule and Report, and any revisions to
it, to CNM.
2.2.6.9.3
The Engineer/Design Professional shall require the Contractor to update the Progress Schedule and Report
with each monthly Application for Payment and shall otherwise monitor and keep the Owner appraised of
the Contractor's progress.
2.2.6.9.4
If, in the Engineer’s/Design Professional's opinion, the Contractor's progress falls materially behind the
approved construction schedule, the Engineer/Design Professional shall consult with the Owner and, with
the Owner's concurrence, issue the Contractor a Notice to Correct the condition.
2.2.6.10
Inspections/Site Observations. The Engineer/Design Professional shall coordinate, schedule and conduct
the scheduled inspections and conferences defined in the Contract Documents and as are appropriate to the
scope of the Project and as required by all regulatory bodies. The Engineer/Design Professional shall
perform periodic Inspections defined in the Contract Documents. The Engineer/Design Professional shall
attend specified inspections and tests defined in the Contract Documents when attendance by the
Engineer/Design Professional is specified or is otherwise appropriate.
The Engineer’s/Design
Professional's "Inspection" means the service performed by the Engineer/Design Professional through
which the Engineer/Design Professional:
2.2.6.10.1
Becomes generally familiar with the in-progress and completed Project and the quality of the work on the
Project.
2.2.6.10.2
Determines whether the construction work is progressing in general accordance with the Contractor's
schedule and is likely to be complete within the Construction Contract Time Schedule.
2.2.6.10.3
Visually compares readily accessible elements of the construction work to the requirements of the
Contract Document to determine, in general, if the Contractor's performance of the construction work
indicates that the construction work will confirm to the requirements of the Contract Documents when
completed.
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2.2.6.10.4
Endeavors to guard the owner against defective work, but does not include making exhaustive
investigations or examinations of the in-progress or completed portions of the Project to expose the
presence of the Defective Work.
2.2.6.10.5
Reviews and addresses with the Contractor any problems in implementing the requirements of the
Contract Documents that the Contractor may have encountered.
2.2.6.10.6
Keeps the Owner fully informed about the Project.
2.2.6.10.7
Such "Inspections/Site Observations" shall commence when the contractor for when work begins on
Project. Engineer/Design Professional and Owner will establish a reasonable period of time
construction. The Engineer/Design Professional will handle contract administration from the time
Contractor commences work through the issuance of the Certificate of Substantial Completion of
entire Project.
2.2.6.11
Coordination with the CNM Facilities/ITS Representative. When scheduling scheduled inspections and
conferences, the Engineer/Design Professional shall first contact the Facilities Representative by
telephone, establish with the Facilities Representative a mutually acceptable time for the inspection or
conference, and confirm the agreed date and time in writing at least seven (7) days prior to the date of the
inspection or conference.
2.2.6.12
Inspection by Registered Professional: Inspections may be performed by a representative of the
Engineer/Design Professional to whom the Owner has no objection; however, the Engineer/Design
Professional or a member of the Engineer’s/Design Professional's staff who is a New Mexico Registered
Professional Engineer shall perform inspections at least once per week and as frequently as needed or as
directed by the Owner during construction. This requirement may be waived by the Owner in writing
during periods in which weather or other construction delay progress, or during slow phases of the
construction, making inspections during such period unwarranted.
2.2.6.13
Reporting. The Engineer/Design Professional shall promptly prepare a complete report of each inspection
by the Engineer/Design Professional, Engineer’s/Design Professional's representative, or consulting
engineer and promptly furnish a copy of each report to the Owner and Contractor. The Engineer/Design
Professional shall prepare and distribute an inspection report weekly during the construction period.
2.2.6.14
Notification of Deficiencies: The Engineer/Design Professional shall promptly notify the Contractor and
Owner in writing of any Defective Work, inadequate progress that may jeopardize timely completion of
the Project, or other departures from the requirements of the Contract Documents observed by the
Engineer/Design Professional.
2.2.6.15
Stopping the Work: The Engineer/Design Professional shall notify the Owner of a need to stop work
when, in the Engineer/Design Professional's opinion, such stoppage is necessary to avoid Defective Work.
2.2.6.16
Certification for Payment: The Engineer/Design Professional shall review and approve as appropriate the
Contractor's monthly and final Applications for Payment and issue certifications for payments in
accordance with the General Conditions of the Construction Contract. The Engineer/Design Professional
shall be required to withhold certification for payment for completed or partially completed construction
work for which compliance with the Construction Contract Documents remain to be determined by
Specified Inspections or Final Inspections to be performed by their proper sequence. If payment is being
requested on an Application for Payment including such construction work in question, the
Engineer/Design Professional will notify the Contractor and the Owner and the amount in question will be
transferred into an escrow account in accordance with the New Mexico Retainage Act.
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for
the
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2.2.6.17
Contract Change Orders. The Engineer/Design Professional shall administer the Change Order Procedures
provided in the General Conditions of the Construction Contract.
2.2.6.17.1
The Engineer/Design Professional is authorized to make minor changes in the construction work by
written order to the Contractor. Minor changes in the construction work are defined as those which are in
the interest of the Owner and do not alter the quality, price, and performance of the finished work.
Changes that involve an increase or decrease to the contract cost shall only be authorized by the Owner
through an approved written Contract Change Order/Modification Change Request (MCR) approved by
the Owner's Purchasing Department.
2.2.6.17.2
The Engineer/Design Professional shall prepare details, supplemental drawings, specifications, or other
descriptive documents necessary to sufficiently delineate, for Contractor pricing and performance,
proposed changes in the construction work directed or authorized by the Owner. If the proposed change is
initiated by the Owner, or result from field conditions, the services of the Engineer/Design Professional
shall be considered to fall within the description of "Special Services" if the proposed change results from
Engineer’s/Design Professional's oversight, Engineer’s/Design Professional's services shall constitute part
of Basic Services, at the Engineer’s/Design Professional's own expense.
2.2.6.17.3
The Engineer/Design Professional (and the Engineer’s/Design Professional's contractor, when appropriate)
will review and evaluate change order proposals and claims for extra work as may be submitted by the
Contractor.
2.2.6.17.4
Using the Change Order/Modification Change Request (MCR) form, the Engineer/Design Professional
shall recommend the Contractor's proposals for acceptance or rejection by the Owner. Each
recommendation of acceptance will be based upon the Engineer’s/Design Professional's professional
opinion that a proposal is complete, in conformance with the Contract Documents, represents fair and
reasonable pricing, and justifies change order action. The authorization to approve a change order shall be
performed solely through review and approval prescribed in the Construction Contract and communicated
to all interested parties through the issuance of a formal written Change Order approved and distributed by
CNM's Purchasing Department.
2.2.6.17.5
The Engineer/Design Professional shall prepare construction Change Orders for acceptance and execution
by the Contractor and Owner. Construction Change Orders shall sufficiently describe the change(s) in the
construction work so that the requirements of the Contract Documents are clearly determinable with
reasonable ease. The preparation of details, supplemental drawings, specification, or other documents to
describe a change in the work shall be included in Basic Services. If the proposed change is initiated by
the Owner or results from field conditions, the Engineer/Design Professional shall be compensated in
accordance with negotiated rates. If the proposed change results from Engineer’s/Design Professional's
oversight, Engineer’s/Design Professional's services shall constitute part of Basic Services, at the
Engineer’s/Design Professional's own expense.
2.2.6.18
Record Documents: Record Documents shall be prepared and furnished by the Contractor in accordance
with the General Conditions of the Construction Contract. Prior to preparing bid documents, the
Engineer/Design Professional shall consult with the Owner to determine the Owner's requirement for
Record Documents and shall incorporate them into the Conditions of the Bid Document. Construction
Documents. If they differ from those of the General Conditions, The Engineer/Design Professional shall
administer the Record Documents requirement of the Contract Documents, periodically verifying the
Contractor's compliance during construction and reviewing the Contractor's final documents for
conformance Contract Documents.
2.2.6.19
Engineer/Design Professional shall issue Certificate of Substantial Completion when all work called for by
the drawings and specifications of the Construction Documents has been substantially completed and the
Project can be occupied by CNM. Engineer/Design Professional shall review for compliance with the
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Contract Documents the warranties, guarantees, Record Documents and other closeout items required by
the Contract Documents to be delivered by the Contractor(s) as a condition to final payment to the
Contractor(s). The Construction Administration Phase shall terminate upon Substantial Completion of the
Project.
2.2.6.20
Prior to final payment, the Engineer/Design Professional shall prepare and deliver to the Owner all record
drawings and final report to the Owner.
2.2.7
FINAL COMPLETION PHASE
The Engineer/Design Professional shall provide Final Completion Phase services which include, but are
not limited to the following:
2.2.7.1
Engineer/Design Professional shall prepare a punch list for final completion, establish a market value of
the punch list items, conduct site visits/observations to determine the estimated date of final completion,
receive and forward to CNM any written warranties and related documents required by the Contract
Documents and assembled by the Contractor to include any required LEEDS documentation.
2.2.7.2
Within sixty (60) days after final completion of the Project, the Engineer/Design Professional shall furnish
CNM, at no additional cost, one reproducible copy of the final record drawings and specifications
incorporating all changes, and one complete electronic documents file in AutoCAD or as mutually agreed.
These copies shall be of the final working drawings. Revisions and changes shall be annotated and crossreferenced. Each sheet shall be prominently noted "Record Drawings".
2.2.7.3
Engineer/Design Professional shall make an inspection of the Project prior to expiration of the warranty or
guarantee period and report observed discrepancies under the warranties or guarantees provided by the
Contract Documents. Engineer/Design Professional shall provide final inspection at the end of one-year
warranty.
2.2.7.4
Engineer/Design Professional shall provide support and analysis as needed by CNM with respect to any
warranty or guaranty claims.
2.2.7.5
The Final Completion Phase shall terminate upon the last to occur of: expiration of the last to expire oneyear warranty period, completion of all punch list items, or settlement of all warranty or guaranty claims,
whichever occurs last.
2.2.8
COMMISSIONING PHASE
The Engineer/Design Professional shall provide commissioning services to test and verify that the entire
OSP telecommunications system is fully functional and meets or exceeds all design requirements. It is not
CNM’s intention that the commissioning phase be conducted by an independent firm, however it should
meet the same expectations it terms of thoroughness as would be expected by an independent
commissioning process.
2.2.8.1
Engineer/Design Professional shall work with CNM/ITS to develop and document a test plan that will
validate that all components installed as part of this project are operationally sound and meet or exceed
design requirements.
2.2.8.2
Engineer/Design Professional shall coordinate with CNM/ITS to conduct a complete execution of the test
plan prior to placing any component of the OSP telecommunications system into production service.
2.2.8.3
Engineer/Design Professional shall work with CNM/ITS to evaluate the test results and address any areas
of deficiencies that are identified.
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2.2.8.3.1
Deficiencies that are identified that can be corrected without impacting production services may be
corrected after the system has been placed in production so long as they have been adequately addressed
within the one year warranty period.
2.2.8.3.2
Deficiencies that are identified that cannot be corrected without impacting production services shall be
corrected immediately upon identification and prior to the system being placed into production.
2.2.8.3.3
The Engineer/Design Professional shall coordinate all work to correct deficiencies with the Contractor. If
the deficiencies prove to be a result of engineering services provided by the Engineer/Design Professional,
then any work required to correct the deficiencies shall be included as part of the Engineer’s/Design
Professional’s Basic Services at no additional cost to CNM.
The Engineer/Design Professional shall provide any updates to the Record Documents resulting from
correction of any deficiencies.
2.2.8.3.4
2.3
SPECIAL SERVICES
2.3.1
CNM has the right to require, and Engineer/Design Professional agrees to perform, services related to the
Project other than those services identified as Basic Services.
2.3.2
For services required by CNM, other than those identified as Basic Services, Engineer/Design Professional
shall be required to 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 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 issued through CNM's Purchasing Department. No payment for
Special Services and no reimbursement for reimbursables in connection with such Special Services shall
be made except for such Special Services performed in accordance with CNM's advance written approval.
2.3.3
For special inspections as required by government agencies to include the code (International Building
Code, chapter 17).
2.4
REIMBURSABLE EXPENSES
2.4.1
Reimbursable expenses of Engineer/Design Professional shall include the following items when approved
in writing and in advance by CNM: (1) transportation and subsistence of principals and employees on
special trips at least fifty (50) miles one-way beyond the City of Albuquerque and related to the Project at
the prevailing rate of travel reimbursement being paid by CNM; (2) cost of reproduction of plans,
drawings and specifications required for bidding documents [Note: drawing sets for Engineer’s/Design
Professional's in-house use and CNM review sets are not reimbursable.]; (3) reasonable plan
checks/review fees and permits charged by appropriate governmental authority(s); (4) the services of
geotechnical engineers, testing laboratories, and other subcontractors (not employees of Engineer/Design
Professional) to provide professional evaluations, recommendations and services pertaining to conditions
of the site and existing improvements, including, but not limited to, tests, and surveys required to ascertain
and address surface and subsurface conditions, structural integrity of existing structures, the services of
Environmental Engineers for the presence of Hazardous Materials and environmental issues; (5) land
surveys for property boundaries, topographical data, legal description, etc. (6) special inspections or
testing; (7) LEEDS commissioning by third parties as required by government entities.
2.4.2
Payment of reimbursable expenses to Engineer/Design Professional shall be paid by CNM at
Engineer’s/Design Professional's direct cost. All requests for reimbursement of expenses shall be
accompanied by copies of original invoices.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 29 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
2.5
MINIMUM QUALIFICATIONS
2.5.1
Offerors shall be licensed in the state of New Mexico for all engineering and design services requested per
this RFP.
3
EVALUATION CRITERIA
3.1.1
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.
3.1.2
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.
3.2
CRITERIA
3.2.1
SECTION I. SPECIALIZED DESIGN AND TECHNICAL COMPETENCE - 25 POINTS POSSIBLE
A) Describe your organization, including a joint venture or association. Provide the name of the firm's
owner(s) and/or principal officer(s), and state the date of incorporation (or partnership), current annual
dollar volume, and number of employees. Provide the firm's organizational chart.
B) Provide a current resume for the following: 1) the Engineer(s) who will or may be assigned
Responsible Charge, 2) the project manager(s) who will be assigned to this project and 3) each
additional employee who will or may provide services under the proposed agreement.
C) Provide proof of registration for the registered professional engineer(s).
D) Provide a current resume for 1) all proposed sub-consultant surveyors, architects or engineers who
will or may be contracted to provide or perform professional services under this project. Provide
proof of registration and licensure for all proposed professional surveyors, architects and engineers.
3.2.2
SECTION II. CAPACITY AND CAPABILITY - 35 POINTS POSSIBLE
A) Describe your firm's approach to providing and managing the required services as identified within
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 30 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
this Request for Proposals.
B) Provide information that demonstrates your firm's and that of your firm's proposed sub-consultants,
capacity and capability to perform work of the nature and scope of the RFP project. Detail your firm's
and that of your proposed sub-consultant's ability, depth of knowledge, skills, experience and
expertise as it relates to the services requested and required to be performed as described and outlined
within this Request for Proposal. Discuss how your firm will coordinate or provide particular services
which may not be available in house.
C) Identify any specialized services you feel may be required to complete performance of the proposed
projects and describe how your firm proposes to meet those identified needs.
D) Describe techniques planned to assure that schedule dates will be met. Review recent projects to
demonstrate ability to meet project budget and schedule.
E) Provide a summary of current work and statement regarding ability to assign adequate staff and
resources to meet project schedules.
F) Provide a proposed project timeline, broken down by labor category and level of effort to perform the
services described within this RFP. The proposed timeline must identify all services to be performed;
inclusive of all services proposed to be performed by any and all sub-consultants by phase as follows:
Identify the number of weeks to perform each of the following phases:
1. Programming Phase
2. Schematic Design Phase
3. Design Development Phase
4. Construction Document Phase
5. Bidding Phase
6. Construction Administration Phase
7. Final Completion Phase
8. Commissioning Phase
The final agreed to schedule may be subject to review and approval by CNM’s Committees selected
for this Project in addition to CNM’s Owner representatives. The Contractor for the Design
Professional may be subject to Liquidated Damages if they cause delays to the completion of the
Phases and/or the Project.
G) Provide a written narrative outlining and completely describing your firms commitment and guarantee
for the successful completion of the project.
H) Provide a written narrative outlining and completely describing the approach your firm will take to
ensure that all specifications, drawings, bid, construction and design documents will be thorough,
accurate and complete. How does your firm propose to address any deficiencies uncovered in the
above documents? What commitment and guarantee will your firm extend to CNM and its contractors
in this regard?
I)
State knowledge, experience and approach to designing facilities in accordance with U.S. Green
Building Council's LEED rating system as presented in EXHIBIT "E".
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 31 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
3.2.3
SECTION III. RECORD OF PERFORMANCE - 25 POINTS POSSIBLE
A) Identify and provide your firms' three (3) most recent project examples indicating your past record of
performance on contracts with government agencies with respect to such factors as providing accurate
Estimates of Probable Construction Costs, value engineering, cost control and avoidance, quality of
work, and ability to meet schedules.
B) Describe your firm's quality assurance program regarding, but not limited to, design, code compliance,
and coordination of work. Identify those regulatory agencies, governing bodies and utility providers,
as you understand, are aware or anticipate shall become involved in the permitting, review, approval,
certification, etc. processes connected to the project described within this RFP. Provide a short
narrative summation of the anticipated involvement for each organization identified.
C) Present your firm's five (5) most recently completed project examples. For each case, describe the
project and the work performed, and provide the client's and general contractor's name, address,
contact person's name and a telephone number. Identify and provide a point of contact and phone
number for all sub-consultants used on each of the five (5) projects. Note, references listed must be
willing to provide information about your firm's control of cost, quality of work, and ability to meet
schedules. Do not list CNM as a reference.
D) For each of the five (5) projects identified above, provide a project summary breakdown for each
showing (a) final cost estimates compared to actual final construction costs; (b) number of change
orders processed for each project providing (i) reason for each change, (ii) construction costs
associated with each change order, (iii) actual average constriction cost per square foot to construct
each project, and (iv) amount of time extensions granted to contractor (provide a very brief
reason/description for basis of granting each time extension). Has your firm or is your firm currently
in any legal dispute, mediation or arbitration hearings regarding dispute resolution with an owner or
contractor? If yes, provide detail information.
3.2.4
SECTION IV. PROXIMITY TO OR FAMILIARITY WITH THE AREA - 5 POINTS POSSIBLE
A) Provide a narrative describing your firm's proximity to and/or familiarity with the project location.
3.2.5
SECTION V. NEW MEXICO BUSINESS- 5 POINTS POSSIBLE
A) Provide a narrative describing the amount of the design work for this project that will be produced by
a New Mexico business within this state.
3.2.6
SECTION VI. VOLUME OF WORK - 5 POINTS POSSIBLE
A) State the volume of work previously done for CNM which is not 75% complete with respect to basic
professional design services. Points will be determined as follows:
1. None
to
$5
2. $1
to
$25,000
3. $25,001
to
$50,000
4. $50,001
to
$75,000
5. $75,001
to
$100,000
6. $100,000 or
more
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 32 of 70
SECTION D: SCOPE OF SERVICES & EVALUATION CRITERIA FOR RFP # P-357
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.
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-by-project 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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 33 of 70
SECTION E: SIGNATURE OF FIRM'S AUTHORIZED REPRESENTATIVE
ANY MODIFICATIONS TO THIS SECTION E SIGNATURE OF FIRM’S AUTHORIZED REPRESENTATIVE RESPONSE FORM OTHER THAN
FILLING IN THE FORM FIELDS IS NOT ACCEPTABLE AND WILL RESULT IN DISQUALIFICATION OF THE OFFEROR’S RESPONSE. THE
GENERAL TERMS AND CONDITIONS ON THE REVERSE SIDE OF CNM’S PURCHASE ORDER ARE AN EQUAL AND INTEGRAL PART OF
THIS REQUEST FOR PROPOSALS (RFP) AND ARE NOTED IN SECTION C. THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN
THIS RFP ALONG WITH ANY ATTACHMENTS AND THE OFFEROR’S RESPONSE ARE HEREBY INCORPORATED INTO ALL PURCHASE
ORDERS ISSUED AS A RESULT OF THIS RFP, INCLUDING ANY ADDENDA. CNM RESERVES THE RIGHT TO NEGOTIATE WITH A
SUCCESSFUL OFFEROR (CONTRACTOR) PROVISIONS IN ADDITION TO THOSE STIPULATED IN THIS RFP. THE CONTENTS OF THIS RFP,
AS REVISED AND/OR SUPPLEMENTED, AND THE SUCCESSFUL OFFEROR’S PROPOSAL WILL BE INCORPORATED INTO THE CONTRACT.
SHOULD AN OFFEROR OBJECT TO ANY OF THE CNM STANDARD TERMS AND CONDITIONS THAT OFFEROR MUST PROPOSE SPECIFIC
ALTERNATIVE LANGUAGE THAT WOULD BE ACCEPTABLE TO CNM. 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. OFFERORS SHOULD PROVIDE A BRIEF STATEMENT OF THE PURPOSE AND IMPACT, IF ANY, OF EACH
PROPOSED CHANGE FOLLOWED BY THE SPECIFIC PROPOSED ALTERNATE WORDING.
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 NON-RESPONSIVE. NON-RESPONSIVE OFFERS WILL NOT BE
CONSIDERED FOR AWARD.
OFFERORS WISHING TO RECEIVE THE RESIDENTIAL PREFERENCE AS APPLICABLE PER NMSA 13-1-21 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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 34 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 35 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 36 of 70
SECTION H: AFFIDAVIT FORM
STATE OF NEW MEXICO
COUNTY OF (___________________________________)
I, ________________________________, being a registered Design Professional, New Mexico Registration
No. ___________, ______________________(title) of ___________________________________
(Corporation/business/partnership), hereby state and affirm as follows:
1. I have responded to the Central New Mexico Community College (“CNM”) Request for Proposal for Design
Professional Services.
2. In connection with responding to said Request for Proposal, I submit herewith additional information regarding my
ability to perform Design Professional services.
A. I currently have professional liability (errors and omissions) insurance with (carrier), ____________________
(policy number), _______________________________ (effective date) ___/____/____, in the amount of
$_____________________ which provides coverage for injury to persons or property (including client’s) arising
out of the negligent performance of professional services rendered by me, my agents or employees.
B. I have notified my errors and omissions carrier of the following problems or potential claims against me or the
above named business during the last three (3) years:
Name of Claimant:_____________________________
Amount of Claim: _____________________________
Nature of Claim: _____________________________________________________
3. The following legal actions have been filed against me during the last three (3) years:
Name of Case: _________________________________________
Court in which filed:_____________________________________
Date of Filing: ________/_____/______
Disposition: ______________________________________________________________
4. The following judgments have been entered against me or the above referenced during the last three (3) years.
5. I or the above referenced business possess sufficient financial resources and Design Professional personnel and
support personnel to properly perform the services requested by CNM in its Request for Proposal for Design
Professional Services.
____________________________________
(Name)
____________________________________
(Title)
____________________________________
(Date)
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 37 of 70
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.
VENDOR’S PROFESSIONAL LIABILITY INSURANCE:
The Vendor shall maintain professional liability insurance in the amount of at least $1,000,000.
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 38 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 39 of 70
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-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 40 of 70
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
Confidentiality Agreement – for Design Professional and any and all staff, consultants, etc. that will have
access to Confidential material under your contract with CNM
This is an Agreement between Central New Mexico Community College (“CNM”) and
[Contractor/Vendor name] (“Contractor”) concerning the confidentiality and nondisclosure of information
relating to CNM, its students and employees. References in this Agreement to “CNM” mean CNM together
with its students and employees.
WITNESSETH:
WHEREAS, Contractor has contracted with CNM to provide _______________________ services, as
described in Request for Proposal(s) No. _____ and related documents (the “Contract”), the terms and
conditions of which Contract are incorporated herein by reference; and
WHEREAS, Contractor acknowledges and recognizes that in performing the Contract it may have
access to data and information contained within or about CNM’s resources and systems; and
WHEREAS, Contractor acknowledges and recognizes that in performing the Contract it may have
access to sensitive and/or proprietary and/or nonpublic data and information which is or may be subject to state
and/or federal laws and regulations, including but not limited to privacy laws and regulations, which must be
kept confidential pursuant to those laws and/or regulations; and
WHEREAS, Contractor recognizes that CNM has a compelling need to maintain confidentiality and
prohibit disclosure of data and information contained within CNM’s resources and systems, and further
recognizes that its Contract with CNM places Contractor in a position of special trust and confidence with
respect to data and information concerning CNM and its operations; and
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:
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 41 of 70
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
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.
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.
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 42 of 70
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
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 (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.
Central New Mexico Community College
[Contractor/Vendor Name]
Print Name: _________________________
Pint Name: ____________________
Signature: __________________________
Signature: _____________________
Title: ______________________________
Title: _________________________
Date: ______________________________
Date: _________________________
Contractor Employees who will have access:
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 43 of 70
EXHIBIT C: SAMPLE NON-DISCLOSURE AGREEMENT
Print Name: _____________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
Print Name: ______________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
Print Name: ______________________
Signature: _______________________
Title: ___________________________
Date: ____________________________
RFP # P-357, Advertised Monday, September 30, 2013
Copyright CNM 2013. All rights reserved.
Page 44 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
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
Engineer/Architect shall provide engineering/architectural and related
services related to the design and development of the Engineering/Architectural Services for
the Technology Loop and Wellness path at CNM, as more fully described in this Agreement
(the “Work”).
ARTICLE TWO
CNM’S RESPONSIBILITIES
2.0
CNM agrees to contract with and does hereby contract with the Engineer/Architect,
under the terms and conditions of this Agreement, to perform for CNM professional
engineering/architectural and related services as described in this Agreement, including without
limitation the scope of work described in Exhibit 1, and incorporated herein by reference..
2.1
CNM shall designate a representative (“ITS Representative”) and/or a Facilities
representative to communicate on its behalf with the Architect. The ITS and/or Facilities
Representative, or his designee, shall have authority to give general direction to the
Engineer/Architect, to answer questions with respect to the Project, to review and process pay
applications subject to other required approvals, and to initiate the change order process. CNM by
and through its Facilities Representative, Purchasing Officer, Office of Vice President for
Administrative Services, and/or the Budget Office shall administer this Agreement and shall have the
authority to 1) modify or interpret this Agreement, 2) to authorize the Engineer/Architect to perform
special services as defined in Article V of this Agreement, or 3) to approve change orders, all of
which are decisions which are to be made by CNM..
2.2
CNM shall give thorough consideration to all sketches, estimates, working drawings,
specifications, proposals and other documents submitted by the Engineer/Architect.
2.3
CNM shall give Engineer/Architect written notice of any change in the quality and
scope of the Project.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 45 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
ARTICLE THREE
VENDOR’S SERVICES
3.0
For all of the services in this Article 3 of the Agreement, the Engineer/Architect shall
be compensated per the terms set forth in Exhibit B, Section I of this Agreement, except for those
items described as special services, described in Article 5 which shall be compensated per the terms
set forth in Exhibit B, Section II of this Agreement or identified as reimbursable services under Article
6 or Section 1, Exhibit A. All Services are considered basic services unless otherwise indicated or
agreed to;
3.1
The scope of the project will be as follows:
The scope is to include Engineering/Architectural Services related to [ENTER PROJECT
NAME]. All preconstruction work including selection of contractor must be complete on or before
June 30, 2012. The Engineer/Architect shall only be responsible for the Engineer’s/Architect’s
immediate scope of work as described in the attached Exhibit 1. The Engineer/Architect will
endeavor to complete that scope with sufficient time for bidding and construction. This time frame
may not include CNM’s internal review requirements or review time by C.I.D. Completion of the
entire project will primarily be the responsibility of the General Contractor.
Reference Exhibit 1 for additional detail on the scope.
As part of this project The Architect firm shall also provide the following:
1. Full construction observation services as required by agency having jurisdiction on the
property.
2. The Vendor shall provide full construction inspection and certification services as required
by the State of New Mexico Construction Industries Division (CID) and other entities
having jurisdiction over the project.
3. Conduct various campus meetings to seek input from stakeholders into the design of the
Project.
4. An updated estimate of probable construction cost will be required at the beginning of
each phase.
5. The Engineering/Architectural firm shall designate a single point of contact to serve as the
Project Manager through the duration of the development of the Project.
6. The Engineering/Architectural firm shall maintain in their employment at least one BiCSi
RCDD/OSP certified engineer who is also trained and qualified by major OSP Cable
Systems manufacturer's to provide engineering and design services throughout the
project. CNM also requires that an engineer that meets these requirements is assigned
as the technical lead for the duration of the Project.
7. The Engineering firm shall perform the services expeditiously as is consistent with the
professional skill and care which is ordinarily applied by engineers of good standing with
the New Mexico State Board of Registration for Professional Engineers. Within 15 days
of the award of a purchase order, the Engineer/Architect shall submit for CNM’s approval
a schedule for the performance of the Engineer’s/Architect’s service, and shall include
allowances for periods of time required for the review and approval of submissions to
CNM and any other agency having jurisdiction and the orderly progress of the Work. Time
limits established by this schedule and approved by CNM shall not be exceeded, except
for reasonable cause.
OR
8. The Architectural firm shall perform the services expeditiously as is consistent with the
professional skill and care which is ordinarily applied by architects of good standing with
the New Mexico Board for Registration of Architects. Within 15 days of the award of a
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 46 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
purchase order, the Engineer/Architect shall submit for CNM’s approval a schedule for the
performance of the Engineer’s/Architect’s service, and shall include allowances for
periods of time required for the review and approval of submissions to CNM and any other
agency having jurisdiction and the orderly progress of the Work. Time limits established
by this schedule and approved by CNM shall not be exceeded, except for reasonable
cause.
9. The Engineer/Architect shall provide a full Professional Team: As appropriate to the
scope of the work and for the performance of the services required by the Agreement.
The Engineer/Architect will employ the services of consulting engineers so as to provide a
full professional team as dictated by the disciplines of architectural and engineering
design involved in the Work.
10. The Engineer/Architect shall employ the services of consulting engineers so as to provide
a full professional team as dictated by the disciplines of architectural and engineering
design involved in the work.
11. Review and comply with laws, codes, and regulations applicable to the design
incorporating requirements imposed by governmental authorities having jurisdiction over
the project such as but not limited to NM CID, EPA, AMAFCA, State of New Mexico, City
of Albuquerque, and County of Bernalillo.
12. Consider and advise the Owner of the comparative values of alternative materials, and
equipment relative to construction, maintenance, and life cycle costs to achieve a design
appropriate for the Owner’s program and suitable for the Project Budget, within the
reasonable limits of the attached scope “Exhibit1”.
13. A web based project management site that includes on-line document management and
sharing of all construction related documents for the duration of the project. The Architects
shall use BaseCamp for online document management and sharing.
14. Engineering/Architectural firm shall 1) have on staff a registered professional Engineer
who is registered by the State Board of Registration for Professional Engineer's to
practice Engineering services in the State of New Mexico, and who will be assigned
responsible charge for each project; 2) have experience in all phases of Engineering
design and construction; and 3) be able to demonstrate relative experience and expertise
in design, construction administration and project management.
15. All plans and specifications shall be prepared by and be under the "responsible charge" of
a registered professional Engineer who is registered by the State Board of Registration for
Professional Engineer's to practice Engineering services in the State of New Mexico.
Responsible charge means responsibility for the direction, control and supervision of
Engineering services work to assure that the work product has been critically examined
and evaluated for compliance with appropriate professional standards by a registrant in
that profession and by sealing or signing the documents, the professional Engineer
accepts responsibility for the Engineering services work represented by the documents
and that applicable Engineering services standards have been met.
16. Engineering/Architectural firm acknowledges the importance of creating and implementing
a quality assurance plan on this Project. Engineer/Architect agrees to develop and
present to the Owner a quality assurance plan for the design of the Project, for Owner's
review and approval, prior to starting work on the Project.
17. Engineering/Architectural firm shall provide a complete and accurate survey of the
construction site to include but not limited to: the rights, restrictions, easements,
boundaries, topographical contours, existing utilities, and full information as to sewer,
water, gas, electrical services and other utilities.
18. Engineering/Architectural firm shall obtain necessary construction permits, ingress/egress
permits.
19. Engineering/Architectural firm shall employ the services of consulting architects,
engineers, surveyors, etc. so as to provide such professional services required by the
Agreement. Such services may include civil engineering, electrical engineering,
mechanical engineering, structural engineering, and surveyor.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 47 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
20. Engineering/Architectural firm shall prepare a set of drawings updated to reflect actual
construction known as record drawings and deliver, to Owner, a set of Record Documents
drawings and an electronic documents file in AutoCAD and PDF format or as mutually
agreed.
21. Engineering/Architectural firm shall work cooperatively and in partnership with any and all
other contractors engaged to work on the Project including, but not limited to, the general
construction contractor and any construction observation contractor.
22. CNM would like to have all the items constructed, completed, commissioned and ready to
begin operational services by July 1, 2016. The Engineering/Architectural firm shall
review the feasibility of the completion date and advise CNM of any potential or real
delays.
23. The Owner shall have use and rights to all electronic documents produced during all
phases of the work.
A. Programming Phase
The Engineering/Architectural firm shall provide Programming Phase services which
include, but are not limited to the following:
a. The Engineer/Architect shall develop a written program to ascertain the
requirements of the Project and shall review the understanding of such
requirements with the Owner.
i. The Engineer/Architect shall investigate existing conditions or existing
facilities and list spaces that will be affected.
ii. The Engineer/Architect shall comply with CNM requirements for
telephone and fiber lines as required by the Office of Information
Technology Services. All Fiber lines and conduit shall be included in
this project. The project will also include termination of all lines back to
the Computer file server room located in the existing facility.
b. Obtain and list all design related permits and approvals required by
governmental authorities having jurisdiction over the Project.
c. Meet with local governmental agencies to obtain prior approval.
B. Design Phase
The Engineering/Architectural firm shall provide Schematic Design Phase services
which include, but are not limited to the following:
a. Drawings and Specifications. Based on the program, project schedule and
delivery method, Project site, Budgeted Cost of the Work, and preparatory
surveys, test, and consultants’ reports, and any agreed adjustments thereto,
the Engineer/Architect shall prepare schematic drawings for the Design Phase
Plan Submittal.
b. Submit for Approval. The Engineer/Architect shall submit the design phase
documents for the approval of the Owner. The design phase document
approved by the Owner shall constitute the Approved Project Program which
can them only be revised only by written agreement of the Engineer/Architect
and Owner.
c. The Engineer/Architect shall provide the Owner with a preliminary estimate of
construction cost prior to beginning the Construction Document Phase. Based
upon the Engineer’s/Architect’s statement of probable cost, the Owner shall
provide the Engineer/Architect with an Approved Budget for the project.
C. Design Development Phase
The Engineering/Architectural firm shall provide Design Development Phase services
which include, but are not limited to the following:
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 48 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
a. Drawings and Outline Specifications: Based upon the Schematic Design
documents approved by the Owner, and any adjustments authorized by the
Owner in the budgeted cost of the Project, Program Schedule, or delivery
method, the Engineer shall prepare drawings, outline specifications, and other
documents to fix and describe the size and character of the Project.
b. Submit to CNM a preliminary Estimate of Probable Construction Cost based
on the current area, volume and other unit cost to CNM for review. The
estimating method(s) and detail to be performed by the Engineer shall require
the prior review and approval of CNM and must present and provide
traceable, supportable information and data.
c. Prepare and distribute, within two (2) days of the occurrence, conference
memoranda, meeting minimum summaries of telephone conversations,
documentation of site visits and inspection reports as required to maintain a
comprehensive record of the Project. The Project name shall be shown on all
documents.
d. Obtain all design related permits and approvals required by governmental
authorities having jurisdiction of the Project.
D. Construction Document Phase
The Engineering/Architectural firm shall provide Construction Document Phase
services which include, but are not limited to the following:
a. Authorization. The Owner's written approval of the Engineer's/Architect’s
Estimate of Probable Construction Cost and the Design Development
drawings and outline specifications shall constitute authority for the
Engineer/Architect to proceed with the completion of Bidding Documents.
b. Bidding Documents: Based on CNM approved design documents and any
further adjustments in the scope, quality and the cost of work of the Project,
the Engineer/Architect shall prepare Bidding Documents consisting of final
drawings and specifications setting forth in detail the requirements for the
construction of the Project, and provide specifications in Master Format 2004.
The Bidding documents shall incorporate the resolutions of CNM comments
and shall be complete and ready for bidding. Any adjustments in the scope
shall require the Engineer/Architect to update/revise the previously reviewed
and approved Estimate of Probable Construction Cost for CNM's final review
and approval.
c. Construction documents shall confirm to the Construction Specifications
Institute’s Master Format 2004.
d. Final Drawing and Specifications. Based on CNM Design phase documents,
any further adjustments in the scope quality and the Cost of work, the
Engineer/Architect shall prepare Construction documents consisting of final
plans and specifications setting forth in detail the requirements for the
construction of the Project. The drawings shall incorporate the resolutions of
CNM comments and shall be complete as required for the entire project.
e. The Engineer/Architect shall be responsible, for obtaining all design related
permits and approvals required by the governmental authorities having
jurisdiction over the projects.
f. The Review of the Construction Documents by the Owner shall not relieve the
Engineer/Architect of responsibility for code compliance, design deficiencies,
omissions and errors.
g. Provide all local, State and Federal building officials having jurisdiction a
complete set of construction documents to review, meet with the building
officials, and determine any changes. Approval and signature from the officials
is required prior to initiating the Bidding Phase.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 49 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
h. Determine what code authorities, fire marshal, or other departments have
jurisdiction over this project, and shall meet with the fire marshal or code
authorities having jurisdiction over this project and provide that person or
entity with a complete set of construction drawings. Engineer shall ensure
that the fire protection plan for the project meets the applicable fire code, and
at the end of construction shall provide CNM with a Certificate of Compliance,
the fire marshal's inspection report, and any other documentation necessary to
ensure that the project meets all applicable fire regulations.
i. The Engineer/Architect shall endeavor to manage the design to stay within the
approved budget determined at the end of the Design Phase. The
Engineer/Architect shall review the Construction Documents as they are being
prepared at intervals appropriate to the progress of the Project with the Owner
and Construction Manager.
j. The Engineer/Architect shall meet with the State Fire Marshall and provide the
Fire Marshall with a complete set of the construction documents. The
Engineer/Architect shall provide CNM with the Following
i. Meeting notes documenting FireMarshal’s review and general
approval.
k. The Engineer/Architect shall advise the Owner on matters such as
construction phasing and scheduling, bid or proposal alternates, liquidated
damages, construction time period and other construction issues appropriate
for the project.
l. The Engineer/Architect shall assist the Owner in the preparation of the
necessary bidding information, bidding forms, RFP information, and
Conditions of the Contract.
E. Bidding Phase
The Engineering/Architectural firm shall provide Bidding Phase services which include,
but are not limited to the following:
a. Follow the Owner's approval of the Construction Document Phase, and
obtain all required local, State and Federal design and construction review
approvals, assist the Owner in developing Bid Documents and obtaining
bids and in the award and preparation of the Construction Contracts.
b. Furnish and distribute Bid Documents to prospective bidders in
accordance with CNM's Purchasing Department procurement rules,
regulations and direction.
c. Bid Document Deposit: The Engineer/Architect shall distribute sets of Bid
Documents to bidders, upon receipt of a deposit for each set. The amount
of the deposit shall be determined by the Owner as prescribed in the Bid
Documents.
d. Distribution and refund of deposits: Bid sets shall be provided to the
general contractor bidders upon receipt of the deposit and the deposit
shall be refunded in full for each set returned in reusable condition within
ten (10) days after bid opening. All refunds shall be paid within twenty (20)
days after the opening of the bids. Any deposits not refunded will be sent
to CNM's Purchasing Department noting the amount. Building exchanges
and similar agencies may be provided Bid Documents without charge.
e. Provide the Owner a certified tabulation showing the number of sets
reproduced, disposition, and any payments and deposits received.
f. Pre-bid Conferences. The Engineer/Architect shall organize and conduct
pre-bid conferences for prospective bidders.
g. Attend the bid opening and furnish to CNM's Purchasing Department a
suitably detailed sheet for recording the name of the bidder, the bidder's
CNM PO # TBD
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Page 50 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
business number, bid security, base bid, alternates, and remarks. The
Engineer/Architect shall furnish sufficient tabulation sheets for all in
attendance. Immediately after receipt of bids, the Engineer/Architect shall
submit to CNM's Purchasing Department a certified tabulation of all bids
received and opened, along with a recommendation as to the contract
award(s). The recommendation for award(s) shall be in writing and
directed to CNM's Purchasing Director.
h. The Engineer/Architect at the direction of and in concert with CNM's
Purchasing Department shall prepare and submit to the Owner five (5)
original sets of the Construction Contract, utilizing the forms prescribed by
the Owner (which may be in the form of EXHIBIT F or some other form
prescribed by the Owner including all the same provisions with respect to
the Engineer as are in that EXHIBIT F, except as Engineer and Owner
may agree to changes to those provisions with respect to the Engineer),
complete with updated Construction Documents. Each set of the
Construction Contract shall be marked OFFICIAL CONTRACT
DOCUMENTS and shall include an executed bid response form,
agreement, Performance and Payment Bonds, Certificate(s) of Insurance,
all addenda, plans, drawings, specifications, and supplemental drawings,
and wage rate determinations. Three (3) copies shall be retained by the
Owner. One copy shall be for the Contractor and one copy shall be for the
Engineer.
i. The Engineer/Architect shall review and approve, or take appropriate
action upon, requests for substitutions submitted in accordance with the
procedures in the Instruction to Bidders and as directed by CNM's
Purchasing Department, and prepare responses to questions from
prospective bidders pertaining to the Bid Documents. The
Engineer/Architect shall prepare in a timely manner for CNM's review,
approval and distribution, addenda responses to all prospective bidders
identifying approved substitutions and providing clarifications and
interpretations of the Bidding Documents. All Addenda shall be approved
and distributed to all prospective bidders by CNM's Purchasing
Department.
j. Be present and actively participate at the bid opening.
F. Construction Observation
The Engineering/Architectural firm shall provide Construction Administration Phase
services which include, but are not limited to the following:
a. The Construction phase shall commence with the acceptance of the
Construction Managers Guaranteed Maximum Price and issuance of the
notice to commence on site work or notice to proceed with construction
services and terminate when all the project Engineer’s/Architect’s services
have been satisfactorily performed.
b. The Engineer/Architect shall perform Construction Contract Administration
consistent with the General Conditions of the Contract and in accordance
with CNM procurement procedures.
c. The Engineer/Architect shall assist the Owner in making arrangements for
the Pre-construction conference and shall assist in the pre-construction
conference and shall distribute copies to all parties.
d. The Engineer/Architect shall provide engineering certification as required
by the State CID.
CNM PO # TBD
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EXHIBIT D: SAMPLE SERVICES AGREEMENT
e. The Engineer/Architect will be a representative of the Owner during the
construction and in this capacity will endeavor to (a) guard the Owner
against variances requirements of the Contract Documents by the
Contractor, (b) require the Contractor to complete the work within the time
specified in the Construction Contract or subsequently extended by the
Owner, (c) and guard the Owner against defective work. The
Engineer/Architect will advise and consult with the Owner regarding the
performance and progress of the Contractor and regarding solutions to
conditions or problems that may arise throughout the design or
construction. The Engineer/Architect shall have authority to act on behalf
of the Owner to the extent provided in the General Conditions of the
Contract, which may only be modified in writing.
f. Instructions to the General Contractor shall be communicated through the
Engineer/Architect.
g. In response to questions from the Contractor or Owner about the Contract
Documents, or as the Engineer/Architect deems appropriate, the
Engineer/Architect shall provide interpretations and clarification of the
Contract Documents that are consistent with the intent of and reasonably
inferable from the Contract Documents. Interpretations and clarifications
shall be in the form of written explanation or directions and/ or
supplementary details or drawings, whichever is required to complete,
explain or make definite and of the provisions of the Drawings and
Specification and give them due effect.
h. The Engineer/Architect shall respond to questions about the Contract
Documents in a timely manner consistent with the terms of the Contract
Documents.
i. Decisions by the Engineer/Architect, including interpretations and
clarifications of the Drawings, Specification, or other Contract Documents,
and directions, or decisions regarding performance of the work, shall be in
writing and shall be advisory to the Owner.
j. Project Record. The Engineer/Architect shall maintain the Project Record
consisting of project related correspondence, memoranda, notes,
Statement for Services, and related documents, Application and
Certification for Payments and Related Documents, minutes of the
meeting, and inspection reports issued or received by the
Engineer/Architect. The Owner shall have access to the Project Record
during the Engineer’s/Architect’s normal office hours. If requested to
reproduce the project record, or significant portions of it, for the Owner,
the Engineer/Architect will do so as a Reimbursable Expense.
k. Communications: So as to maintain continuity in the Engineer’s/Architect’s
administration of the Construction Contract and performance of the work
by the Contractor, and to facilitate complete documentation of the project
record, all communications between the Contractor and the Owner
regarding matters of or related to the Contract shall be directed through
the Engineer/Architect with copy furnished to the Owner, unless direct
communication is otherwise required to effect legal notifications. Unless
otherwise authorized by the Engineer/Architect, communication by and
with the Engineer’s/Architect’s consultants shall be through the
Engineer/Architect. Unless otherwise authorized by the Contractor,
communications by and with Subcontractors and material suppliers shall
be through the Contractor.
l. Submittal review: The Engineer/Architect shall review the Contractor’s
submittals for conformance with requirements of, and the design concept
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1.
2.
3.
4.
5.
6.
m.
1.
expressed in, the Contract Documents and approves or takes other
appropriate action upon them.
This review is not intended to verify the accuracy and completeness of
details such as dimensions and quantities or to substantiate installation
instructions or performance of equipment and systems, all of which shall
be the responsibility of the Contractor. However the Engineer/Architect
shall advise the Contractor of any errors or omissions which the
Engineer/Architect may detect during this review.
As provided in the General Conditions of the Contract, the
Engineer/Architect is not authorized to approve any deviations from the
requirements of the Contract Documents. Deviations may be authorized
only by the Owner through a Change Order.
The Engineer/Architect will review and respond to all submittals with
reasonable promptness to avoid delay in the work or in the activities of
the Owner, Contractor or separate contractors.
Within thirty days after Substantial completion of the Work by the
Contractor the Engineer/Architect will furnish the Owner one complete set
of the Contractor’s approved submittals, organized in a logical manner.
The Engineer/Architect may specify any scheduling method or format that
the Engineer/Architect considers to be appropriate for the Project and
which is acceptable to the Owner, but the Engineer/Architect shall also
require the Contractor to prepare and update the progress schedule in
accordance with the General Conditions of the Contract. The
Engineer/Architect shall promptly deliver a copy of the Contractor’s
approved Progress Schedule and Report, and any revisions to it, to
CNM.
The Engineer/Architect shall require the Contractor to update the
Progress Schedule and Report with each monthly Application for
Payment and shall otherwise monitor and keep the Owner appraised of
the Contractor’s progress.
Observations: The Engineer/Architect shall coordinate, schedule and
conduct the Scheduled Observations and conferences defined in the
Contract Documents and as are appropriate to the scope of the Work. The
Engineer/Architect shall perform periodic Observations defined in the
Contract Documents. The Engineer/Architect shall attend Specified
Inspections and Tests defined in the Contract Documents when
attendance by the Engineer/Architect is specified or is otherwise
appropriate.
Definitions. The Engineer’s/Architect’s “observation” means the service
performed
by
the
Engineer/Architect
through
which
the
Engineer/Architect:
i. Becomes generally familiar with the in-progress and
completed Work and the quality of the Work.
ii. Determines whether the Work is progressing in general
accordance with the Contractor’s schedule and is likely to
be complete within the Contract Time.
iii. Visually compares readily accessible elements of the Work
to the requirements of the Contract Document to
determine, in general, if the contractor’s performance of
the Work indicates that the Work will confirm to the
requirements of the Contract Documents when completed.
iv. Endeavors to guard the owner against Defective Work, but
does not include making exhaustive investigations or
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2.
3.
4.
5.
6.
7.
8.
9.
10.
examinations of the in-progress or completed portions of
the Work to expose the presence of the Defective Work.
v. Reviews and addresses with the Contractor any problems
in implementing the requirements of the Contract
Documents and the Contractor may have encountered,
vi. Keeps the Owner fully informed about the Project
Coordination with the CNM ITS or Facilities Representative. When
scheduling
Scheduled
Inspections
and
Conferences,
the
Engineer/Architect shall first contact CNM’s Representative by telephone,
establish with the CNM Representative a mutually acceptable time for the
inspection or conference, and confirm the agreed date and time in writing
at least seven days prior to the date of the inspection or conference.
Inspection by Registered Professional: Inspections may be performed by
a representative of the Engineer to whom the Owner has no objection;
however, the Engineer or a member of the Engineer's staff who is a New
Mexico Registered Professional Engineer shall perform inspections at
least once per week and as frequently as needed or as directed by the
Owner during construction. This requirement may be waived by the
Owner in writing during periods in which weather or other construction
delay progress, or during slow phases of the construction, making
inspections during such period unwarranted
Frequency. The Engineer’s/Architect’s periodic Observations shall be at
intervals appropriate to the stage of the of the Contractor’s operation and
consistent with the size and nature of the Work. But not less than an
average of once per week while construction is on- going. The
performance of the requirement may be waived during periods in which
weather or other conditions delay progress, or during slow phases of the
construction, making weekly inspections unwarranted.
Observations by Registered Professional: Observations may be
performed by a representative of the Engineer/Architect to whom the
Owner has no objection;
Reporting. The Engineer/Architect shall promptly prepare a complete
report
of
each
Observations
by
the
Engineer/Architect,
Engineer’s/Architect’s representative, or consulting engineer and
promptly furnish a copy of each report to the Owner and Contractor. The
Engineer/Architect shall prepare and distribute a field observation report
weekly during construction, for weeks during which observations are
unwarranted, the Architect shall state in the report that no inspection was
performed and why.
Notification of Deficiencies: The Engineer shall promptly notify the
Contractor and Owner in writing of any Defective Work, inadequate
progress that may jeopardize timely completion of the Project, or other
departures from the requirements of the Contract Documents observed
by the Engineer
Stopping the Work: The Engineer/Architect shall notify the Owner of a
need to stop work when, in the Engineer’s/Architect’s opinion, such
stoppage is necessary to avoid defective work.
Certification for Payment: The Engineer/Architect shall review and
approve as appropriate the Contractor’s monthly and final Application for
Payment and issue Certification for payments for payment in accordance
with the General Conditions of the Contract.
The Engineer/Architect shall be required to withhold payment for
completed or partially completed Work for which compliance with the
Contract Documents remain to be determined by Specified Inspections or
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11.
12.
13.
14.
15.
16.
17.
18.
19.
Final Inspections to be performed by their proper sequence. If payment is
being requested on an Application for Payment including the Work in
Questions, The Engineer/Architect will notify the Contractor and the
Owner and the amount in question will be transferred into an escrow
account in accordance with the New Mexico Retain age Act.
Contract Change Orders. The Engineer/Architect shall administer the
Change Order Procedures provided in the General Conditions of the
Contract.
The Engineer/Architect is authorized to make minor changes in the work
by written order to the Contractor. Minor changes in the Work are defined
as those which are in the interest of the Owner do not materially alter the
quality price, and performance of the finished work. Changes that involve
an increase to the contract cost are authorized only by the Owner
through a Contract Change Order.
The Engineer/Architect shall prepare details, supplemental drawings,
specifications, or other descriptive documents necessary to sufficiently
delineate, for Contractor pricing and performance, proposed changes in
the Work directed or authorized by the Owner.
The Engineer/Architect (and the Engineer’s/Architect’s consultant, when
appropriate) will review and evaluate change order proposals and claims
for extra work as may be submitted by the Contractor.
Using the change modification form, the Engineer/Architect shall
recommend, as applicable, the Contractor’s proposals for acceptance by
the Owner. Each recommendation of acceptance will be based upon the
Engineer’s/Architect’s professional opinion that a proposal is complete, in
conformance with the Contract Documents, represents fair and
reasonable pricing, and justifies change order action in the case of claims
for extra work or does not warrant procurement by competitive bid in the
case of added work. Determination of the legality of a change order shall
be the responsibility of CNM Purchasing Department and CNM legal
Advisor.
The Engineer/Architect shall prepare Contract Change orders for
acceptance and execution by the Contractor and Owner. Construction
Change orders shall sufficiently describe the change(s) in Work so that
the requirements of the Contract Documents are clearly determinable
with reasonable ease.
The reasonable preparation of details, supplemental drawings,
specification, or other documents to describe a change in the work shall
be included in the Engineer’s/Architect’s Basic Fee.
As-Built Documents: “As Built” Documents shall be prepared and
furnished by the Contractor in accordance with the General Conditions of
the contract. Prior to preparing bid documents, the Engineer/Architect
shall consult with the owner to determine the Owner’s requirement for “As
Built” Documents and shall incorporate them into the Conditions of the
Contract, if they differ from those of the General Conditions, The
Engineer/Architect shall administer the “As Built” Documents requirement
of the Contracts Documents, periodically endevour to verifying the
Contractor’s compliance during construction and reviewing the
Contractor’s final documents for conformance to Contract Requirements.
As-Builts are considered basic services.
Record Documents: Record Documents shall be prepared and furnished
by the Contractor in accordance with the General Conditions of the
Construction Contract. Prior to preparing bid documents, the
Engineer/Architect shall consult with the Owner to determine the Owner's
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EXHIBIT D: SAMPLE SERVICES AGREEMENT
20.
21.
22.
23.
24.
requirement for Record Documents and shall incorporate them into the
Conditions of the Bid Document. Construction Documents. If they differ
from those of the General Conditions, The Engineer/Architect shall
administer the Record Documents requirement of the Contract
Documents, periodically verifying the Contractor's compliance during
construction and reviewing the Contractor's final documents for
conformance Contract Documents.
Engineer/Architect shall issue Certificate of Substantial Completion when
all work called for by the drawings and specifications of the Construction
Documents has been substantially completed and the Project can be
occupied by CNM. Engineer/Architect shall review for compliance with
the Contract Documents the warranties, guarantees, Record Documents
and other closeout items required by the Contract Documents to be
delivered by the Contractor(s) as a condition to final payment to the
Contractor(s). The Construction Administration Phase shall terminate
upon Substantial Completion of the Project.
Upon completion of the project, the Engineer/Architect shall furnish
corrected Auto Cad 2000 compatible drawings. For building additions or
renovations project, CAD drawings must be furnished for the entire
floor(s) affected by the work in order for the Owner to maintain a single
complete and integrated set of existing condition drawings.
The Construction Contract Administration phase shall terminate upon
expiration of the Warranty period or settlement of all Warranty claims,
whichever occurs last.
Prior to final payment, the Engineer/Architect shall prepare and deliver to
the Owner all record drawings and final report to the Owner.
Evaluations of the Owner’s Approved Budget after the Design Phase
shall be the MACC for the project, Statements of Probable Construction
Cost, and detailed estimates of construction costs prepared by the
Engineer/Architect represent the Engineer’s/Architect’s best judgment as
a professional familiar with the construction industry. It is recognized,
that the Engineer/Architect does not have control over the cost of labor,
materials, equipment: over the Contractor’s methods of determining
BID/RFP or other method of procuring the construction under New
Mexico State Procurement Code; over the Contractor’s method of
determining their price offered, market, or negotiating conditions
G. Final Completion Phase
The Engineering/Architectural firm shall provide Final Completion Phase services
which include, but are not limited to the following:
a. Engineer/Architect shall prepare a punch list for final completion, establish
a market value of the punch list items, conduct site visits/observations to
determine the estimated date of final completion, receive and forward to
CNM any written warranties and related documents required by the
Contract Documents and assembled by the Contractor to include any
required LEEDS documentation.
b. Within sixty (60) days after final completion of the Project, the
Engineer/Architect shall furnish CNM, at no additional cost, one
reproducible copy of the final record drawings and specifications
incorporating all changes, and one complete electronic documents file in
AutoCAD release 2011 or later or in format as mutually agreed. These
copies shall be of the final working drawings. Revisions and changes
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EXHIBIT D: SAMPLE SERVICES AGREEMENT
shall be annotated and cross-referenced. Each sheet shall be prominently
noted "Record Drawings".
c. Engineer/Architect shall make an inspection of the Project prior to
expiration of the warranty or guarantee period and report observed
discrepancies under the warranties or guarantees provided by the
Contract Documents. Engineer/Architect shall provide final inspection at
the end of one-year warranty.
d. Engineer/Architect shall provide support and analysis as needed by CNM
with respect to any warranty or guaranty claims.
e. The Final Completion Phase shall terminate upon the last to occur of:
expiration of the last to expire one-year warranty period, completion of all
punch list items, or settlement of all warranty or guaranty claims,
whichever occurs last.
H. Commissioning Phase
The Engineering/Architectural firm shall provide Commissioning services which
include, but are not limited to the following:
a. The Engineer/Architect shall provide commissioning services to test and
verify that the entire OSP telecommunications system is fully functional
and meets or exceeds all design requirements. It is not CNM’s intention
that the commissioning phase be conducted by an independent firm,
however it should meet the same expectations it terms of thoroughness as
would be expected by an independent commissioning process.
b. Engineer shall work with CNM/ITS to develop and document a test plan
that will validate that all components installed as part of this project are
operationally sound and meet or exceed design requirements.
c. Engineer/Architect shall coordinate with CNM/ITS to conduct a complete
execution of the test plan prior to placing any component of the OSP
telecommunications system into production service.
d. Engineer/Architect shall work with CNM/ITS to evaluate the test results
and address any areas of deficiencies that are identified.
e. Deficiencies that are identified that can be corrected without impacting
production services may be corrected after the system has been placed
in production so long as they have been adequately addressed within the
one year warranty period.
f. Deficiencies that are identified that cannot be corrected without impacting
production services shall be corrected immediately upon identification
and prior to the system being placed into production.
g. The Engineer/Architect shall coordinate all work to correct deficiencies
with the Contractor. If the deficiencies prove to be a result of engineering
services provided by the Engineer/Architect, then any work required to
correct the deficiencies shall be included as part of the
Engineer’s/Architect’s Basic Services at no additional cost to CNM.
h. The Engineer/Architect shall provide any updates to the Record
Documents resulting from correction of any deficiencies.
ARTICLE FOUR
MACC
4.0
The MACC “Maximum Allowable Construction Cost” for this project shall be
determined, with Owner approval, what materials, equipment, component systems, and types of
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EXHIBIT D: SAMPLE SERVICES AGREEMENT
construction are to be included in the Construction documents to bring the cost within the MACC.
With the written consent of the Owner, which consent shall not be unreasonably withheld, the
Engineer/Architect may also include additive alternate and additive deducts bids to adjust the
construction to a fixed limit.
ARTICLE FIVE
SPECIAL SERVICES
5.0
CNM has the right to require, and Engineer/Architect agrees to perform, services
related to the Project other than those services identified as Basic Services.
5.1
For services required by CNM, other than those identified as Basic Services,
Engineer/Architect shall be required to 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 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 issued
through CNM’s Purchasing Department. No payment for Special Services and no reimbursement for
reimbursables in connection with such Special Services shall be made except for such Special
Services performed in accordance with CNM’s advance written approval.
5.2
Engineer/Architect may be required provide interior design services associated with
the design specifications, selection, and installation of the fixtures, furniture, and equipment for the
Project.
5.3
The Engineer/Architect may be required to provide a complete and accurate traffic
impact study noting the impact of traffic in surrounding areas. The study should note and list
potential offsite traffic improvements
5.4
Other additional services may include but not be limited to the following: Additional
on-site construction administration services above and beyond basic service; additional civil
engineering beyond the basic services, additional programming beyond basic services, additional
as-built drawings beyond basic services, other services to be conducted through the
Engineering/Architectural Firm
ARTICLE SIX
REIMBURSABLE EXPENSES
6.0
Reimbursable Expenses.
Reimbursable expenses of Engineer/Architect shall
include the following items when approved in writing and in advance by CNM: (1) transportation and
subsistence of principals and employees on special trips at least fifty (50) miles one-way beyond the
boundaries of the CNM District which are related to the Project, to be paid at the prevailing rate of
travel reimbursement being paid by CNM; (2) cost of reproduction of progress sets of plans,
drawings and specifications as required for submittals and reviews (3) reasonable plan
checks/review fees charged by appropriate governmental authority(s); (4) the services of
geotechnical engineers, testing laboratories, and other subcontractors (not employees of
Engineer/Architect) to provide professional evaluations, recommendations and services pertaining to
conditions of the site and existing improvements, including, but not limited to, tests, and surveys
required to ascertain and address surface and subsurface conditions, structural integrity of existing
structures, the presence of Hazardous Materials and environmental issues; (5) land surveys for
property boundaries, topographical data, legal description, etc. (6) special inspections or testing, (7)
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specialized consulting including but not limited to the furniture or other specialized consultants, (8)
reimbursable services associated with LEEDS enhance commissioning if requested ,(9) meals for
charettes subject to prior approval by CNM. (10) traffic impact study (11) as-built drawings that are
above and beyond basic services (Note: on site “as builts” that include field measurements are part
of basic services) (12) ) Fundamental and Enhanced Services of the commissioning agent. (13)
Other similar services through third parties.
6.1
Payment of reimbursable expenses to Engineer/Architect shall be paid by CNM at
Engineer’s/Architect’s actual direct cost, up to a maximum amount agreed to by CNM. All requests
for reimbursement of expenses shall be accompanied by copies of original invoices.
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6.2
For all expenses incurred under this “Reimbursable Expenses” portion of the
Architectural Agreement, CNM may require Engineer/Architect to obtain three quotes when
practicable and reasonable. Expenses incurred under this section may be obtained by competitive
bids. CNM reserves the right to accept, reject, or modify any of the reimbursable quotes or bids.
CNM reserves the right to use any of the quotes or bids submitted for any particular reimbursable
expense. CNM may require the Engineer/Architect to obtain three quotes for any testing performed
on the Project under this “Reimbursable Expenses” section.
ARTICLE SEVEN
TERM
7.0
The term of this Agreement begins immediately upon delivery to Engineer/Architect
of a CNM purchase order incorporating this Agreement and extends through the end of the last Final
Completion Phase as described above.
ARTICLE EIGHT
EMPLOYMENT OF CONSULTANTS
8.0
Engineer/Architect agrees to employ competent and New Mexico licensed and
registered structural, mechanical, electrical, civil, landscape, interior designer, surveyor, or cost
estimating consultants not otherwise employed by CNM for the Project, as might be necessary for
the proper design and construction of the Project. Engineer/Architect shall furnish to CNM a list of
these consultants for prior approval before engaging them for the Project. Engineer/Architect
represents that services performed by the design professionals 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. Engineer/Architect
represents that the performance of any consultant assigned by Engineer/Architect to work on the
Project shall be in accordance with sound professional standards, and the requirements of this
Agreement.
ARTICLE NINE
PROFESSIONAL LIABILITY INSURANCE
9.0
At its own expense, Engineer/Architect shall procure and maintain during the life of
this Agreement professional liability insurance in an amount not less than One Million Dollars
($1,000,000.00) 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.
Engineer/Architect 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 Engineer/Architect .
ARTICLE TEN
INDEMNIFICATION AND INSURANCE
10.0 Engineer/Architect shall indemnify and hold harmless CNM, its officers, employees
and agents, against all liability, claims, damages, losses or expenses, including reasonable
attorney’s fees, arising out of bodily injury to persons or damage to property, only to the extent that
the liability, damages, losses or costs are caused by, or arise out of, the acts or omissions of the
Architect or its officers, employees or agents. This hold harmless 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.
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10.1 Engineer/Architect shall comply with all requirements of Exhibit C, Insurance
Requirements, hereto.
ARTICLE ELEVEN
ASSIGNMENT AND SUCCESSORS
11.0 Engineer/Architect agrees not to sublet, sell or assign neither this Agreement nor 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. Any approved successors or assignees shall be bound to and by the
same terms and conditions as Engineer/Architect, and shall accept in writing the delegation of
Engineer’s/Architect’s duties and responsibilities under this Agreement. Engineer/Architect remains
responsible for completion of the Project and warranties. Engineer/Architect remains responsible for
design integrity.
ARTICLE TWELVE
TIMELINESS AND PERFORMANCE
12.0 Engineer/Architect 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 under
contracts entered into after this Agreement.
12.1 Engineer/Architect 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 Engineer’s/Architect’s obligations under the Agreement.
12.2
Timeline: It is anticipated that this Project is to have construction completed by TBD
ARTICLE THIRTEEN
OWNERSHIP OF INSTRUMENTS OF SERVICE
13.0 The Owner shall have use and rights to all electronic documents during all phases of
the work. Drawings and specifications become the property of CNM. Before receiving final
payment, Engineer/Architect shall deliver to CNM the original Construction Documents. CNM does
not have the right to use the working drawings and specifications for other building projects except
as may be required for reference without Engineer’s/Architect’s consent. CNM does not have the
right to sell the drawings and specifications. Engineer/Architect shall be permitted to reuse parts of
the drawings for other projects, but shall not use them as a whole without CNM's prior written
permission.
ARTICLE FOURTEEN
RECORDS AND AUDIT
14.0 Engineer/Architect 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 Engineer/Architect involving transactions related
to this Agreement for a period of three (3) years after final payment.
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ARTICLE FIFTEEN
APPLICABLE LAWS
15.0 Engineer/Architect shall comply with all federal, state, and local laws and ordinances
applicable to the Work called for herein.
15.0 Engineer/Architect shall adhere to all applicable 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 SIXTEEN
TERMINATION
16.0 Termination for Cause. If Engineer/Architect, 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. Engineer/Architect shall take corrective
measures within such time. Engineer’s/Architect’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.
16.1 In the event of a for-cause termination, CNM shall terminate this Agreement by
delivering to Engineer/Architect 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 Engineer/Architect shall deliver to CNM all design plans, construction
estimates, drawings, documents, survey books, 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 Engineer’s/Architect’s Work under this Agreement, and shall have no obligation to seek
bids for that replacement design professional(s). The cost of completing the Engineer’s/Architect’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 Engineer/Architect. If the cost of completing the Work under this Agreement exceeds the
contract amount, then the Engineer/Architect shall pay CNM for the difference between the contract
amount and the cost to complete the Engineer’s/Architect’s Work.
16.2 Termination for convenience of CNM. On fifteen (15) business day’s written notice to
Engineer/Architect, CNM may terminate this Agreement in whole or in part for its own convenience
in the absence of any default of Engineer/Architect.
16.3 In the event of a termination for convenience, CNM shall terminate this Agreement by
delivering to Engineer/Architect 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, Engineer/Architect 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 Engineer/Architect shall have the
right to receive payment for services satisfactorily performed to termination date, including
reimbursement then due.
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ARTICLE SEVENTEEN
APPROPRIATIONS
17.0 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
Engineer/Architect. CNM's decision as to whether sufficient appropriations are available shall be
accepted by Engineer/Architect and shall be final.
ARTICLE EIGHTEEN
RELEASE
18.0 Engineer/Architect, 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.
18.1 Engineer/Architect 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 Engineer/Architect
has express written authority to do so, and then only within the strict limits of that authority.
ARTICLE NINETEEN
CONFIDENTIALITY
19.0 Any confidential information provided to or developed by Engineer/Architect in the
performance of this Agreement shall be kept confidential and shall not be made available to any
individual or organization by Engineer/Architect without prior written approval of CNM.
ARTICLE TWENTY
CONFLICT OF INTEREST
20.0 Engineer/Architect 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. Engineer/Architect 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.
ARTICLE TWENTY-ONE
GOVERNING LAW/INTERPRETATION
21.0 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-TWO
MODIFICATION OF THE AGREEMENT
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 63 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
22.0 This Agreement shall not be altered, changed, amended, or modified except by an
instrument in writing executed by the authorized representative(s) for the Engineer/Architect and
CNM. The Engineer/Architect and CNM may negotiate changes to this Agreement pursuant to this
Article 22.
ARTICLE TWENTY-THREE
MERGER
23.0 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-FOUR
CERTAIN PENALTIES
24.0 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.
ARTICLE TWENTY-FIVE
NOTICES
25.0 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: Director, Purchasing
If to Vendor:
ENTER VENDOR NAME
ENTER VENDOR ADDRESS
ENTER VENDOR CONTACT
ARTICLE TWENTY-SIX
MISCELLANEOUS
26.0
Certain Definitions.
“Detailed Estimate of Construction Cost” means a forecast of construction costs prepared on the
basis of the Architect’s detailed analysis of materials and labor for all items of construction work.
“Estimate of Probable Construction Costs” means a forecast of construction cost; may be a
preliminary estimate of construction cost or a detailed estimate of construction cost.
“Preliminary Estimate of Construction Cost” means cost forecasts prepared by the Architect during
the schematic design, design development, and construction documents phases of basic services
for the owner, prepared prior to the detailed estimate of construction costs.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 64 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
The terms “Construction Costs” and “Actual Construction Costs” are to be construed to be one and
the same and mean the actual contract amount to be paid by CNM to the General Contractor(s) to
construct the structure or facilities designed and described within the construction bidding
documents. Construction costs do not include costs associated with furniture and equipment not
specified within the construction bid documents.
“As-built” and “Record Documents” are to be interpreted to be one and the same and are defined as
construction drawings revised to show all significant changes to the construction documents made
during the construction process, usually based on marked up prints, drawings, and other data
furnished by the General Contractor to the Architect.
“Project Program” means the written and graphic description of the Project objectives, including
intended us of facilities and site, design constraints and criteria, physical parameters, spatial
requirements and relationships, and requirements for special equipment, systems and materials, the
results of which are to be documented in a written Construction Contract Documents are the
documents that constitute the Agreement between the owner and the General Contractor to
construct the Project(s) in accordance with the bidding documents.
“Telegraphic notice” means notice provided via Facsimile or E-mail transmission.
“MACC” means Maximum Allowable Construction Cost is the total sum, excluding gross receipts tax,
available for construction purposes and may include furnishings, fixtures and equipment as
approved and authorized by CNM’s Governing authority. MACC shall not include professional fees,
Project contingency funds, acquisition costs or other soft costs.
26.1 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.
26.2
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.
26.3 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 “Engineer” or “Architect.”
26.4 Contact documents. The following are contract documents which form the contract
between CNM and Engineer/Architect for the Project, and are incorporated by reference herein as if
fully set forth herein:
A) This Engineering/Architectural Services Agreement between CNM and
Engineer/Architect, and all exhibits thereto.
B) Engineer’s/Architect’s attached proposal dated TBD
C) CNM Purchase Order No. P018XXXX, dated month, day, year and all
exhibits thereto.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 65 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
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, SR. BUYER
(Printed name and title)
ENTER AUTHORIZED PERSON’S NAME
(Printed name and title)
Date: _____________________________________
Date: ______________________________________
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 66 of 70
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, 2013. 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 67 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
EXHIBIT B
ENGINEER’S/ARCHITECT’S COMPENSATION
SECTION I
Architect’s compensation for Basic Services is as follows:
[ENTER PROJECT NAME]: [ENTER PROJECT AMOUNT]
For compensation under this Section I, CNM shall make payments for the Engineer’s/Architect’s
services, after acceptance and approval by CNM of each of the following Phases for the Project, in
an amount not to exceed the percentages set forth below for the applicable Phase:
Pre-design Phase
Schematic Design Phase
Design Document Phase
Construction Document Phase
Bidding and Negotiation(preconstruction)
Construction Observations
TBD%
TBD%
TBD%
TBD%
TBD%
TBD%
The following provisions A and B are applicable to both Sections I and II Compensation set forth
above:
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 separate monthly detailed invoices and statements of the services
rendered for each Part (I and II). Architect'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.
CNM PO # TBD
Copyright CNM, 2013. All rights reserved.
Page 68 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
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, 2013. All rights reserved.
Page 69 of 70
EXHIBIT D: SAMPLE SERVICES AGREEMENT
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, 2013. All rights reserved.
Page 70 of 70
P-357 EXHIBIT N
MAIN CAMPUS COMMUNICATIONS LOOP LOGICAL CONCEPT
KEY
FIBER ZONE C
PRIMARY
DISTRIBUTION FACILITY
PRIMARY
FIBER ROUTE
FIBER ZONE B
SECONDARY
DISTRIBUTION FACILITY
SECONDARY
FIBER ROUTE
PUBLIC STREET
CROSSING/
ZONE INTERCONNECT
FIBER ZONE A
P-357 Exhibit P (page 1 of 5) CNM: WAN/Core/Internet Overview
Date:
Mar 13 2012
Version: P-357
Prepared by:
rm
WESTSIDE CAMPUS
MJG 2nd
Fl West
3760
MJG
North
3750
MJG
West
3560 A
ATC
Rio Rancho Campus
JMMC CAMPUS
Workforce Training Center
WDC
Dist01-VSS
MJG 192
3750
Stack
ATC 129
3750 Stack
WTC 200
3750 Stack
RRC 129
3750 Stack
I-6509
MJG
292G
3750
MJG 2nd
Fl
Faculty
3560
WS Dist
Switch 1
MJG
ATC Catalyst
6506
WSII
3750
Stack
RRC 217
3750 Stack
ATC 129
3750 Stack
WS Dist
Switch 2
ATC 129
3750 Stack
RRC Catalyst
6506
Switch
1
Switch
2
Switch
3
WTC 100i
3750 Stack
RRC 2229
3750 Stack
TW-3750
3750
Stack
H Bldg
WTC 6509
WTC 133
WTC 128
3500
J-4006
WSC EF
WSII 2nd
Fl
3750
Stack
WS 2
JMMC
Catalyst 6509
G Bldg
WSII3750
H-3750
K-4006
Stack 3750G
ASA 5520
Internet
Firewalls
WSI 2nd
3750
Stack
GWSW02WSC
ASR1001
Router
GW01WSC
WSC 6509
EF
WSI 3rd
3750
Stack
100 Mbps
WSI
3750
WS 1
Century Link
Internet
SOUTH VALLEY CAMPUS
SV22
3750
100 Mbps
South Valley Network Room
100 Mbps
100 Mbps
100 Mbps
SV37
3750
SV44
3500
SV57
3750
200 Mbps
SV40
3750
SV49
3750
SVC 6509
SV 112
MAIN CAMPUS
SRC MDC
SV70
3750
DMZ WLC
VSL
2x10GE
CX4
Wire01
6506
Wire02
6506
Dist01-VSS
100 Mbps
Catalyst
6509
10G LR
SS Bldg
6509
10G LR
SRC EF
MS 3750
Stack
100 Mbps
ASR1001
Router
GW02Main
TW
INTERNET
3750G
GWSW02
Main
10G LR
ASA
5520
Internet
Firewall
s
10G LR
KC 3750
Stack
Core01-VSS
Switch 2
VSL
2x10GE
LR
A106 EF
200 Mbps
SBDC 2nd ST.
JS 3750
Stack
Century MOE
10 Mbps
3750
Stack 3750G
ASR1001
Router
GW01Main
SBDC
3750
ASA 5520
Internet
Firewalls
GWSW01Main
N 3750
Stack
Router
Damien
SBDC Yale
ASA 5540
Internet
Firewalls
Core01-VSS
Switch 1
T1
PS 3750
Stack
A106 3750
Catalyst
3750
Cisco Router
2811
SB 3750
Stack
E113 3560
LSA
3750
PPD
3560
West
3750
S Bldg
3750 Stack
L Bldg
3560
TC 3750
Stack
JS_TR1-RK2_3750X
Time Warner
KC18_3750
Remote
Campuses
SB_TR1-2_3750
66.194.1.102 TW
S_204D1_3750X
Default Gateway is 66.194.1.101
BGP router id 10.32.1.1
Internet Rtr
gw01main
198.133.178.129
Jordan_6509
BVI1 198.133.178.136
PPD_South_3560
JMMC_6509
Internet Sw 198.133.178.132
SVC_6509
SV_SBDC_3750G
N_4006
198.133.178.134(135)/25
MS394_3750G
VPN-ASA
CHUCK
L_2Fl_Clos_3560_A
W
DMZ L
WLC
C
TC_3750
Core-VSS
West_15B_3560
A106_3750
Qwest QMoE
WS-C3750G-24PS
A106a_3750_Phone
CORE-VSS
.2
LSA_BASEMENT_3750
.1 Management IP:
VLAN 960 – Legacy Prod FW Uplink
GLOBAL VLAN 968 – DMZ FW Uplink
VLAN 970 – SRC FWSM Outside Uplink
SRC_EF_3750
A106B_3750
legacy_prod
968
970
dev
970
960
admin
970
Damien_3925
970
971
SBDC_YALE_2811
970
970
E113_3560
shared
Failover
FW_heartbeat - Vlan 961
FW_state - Vlan 962
WIRE01MAIN
n5020-1-mdc-d-1
c3750-stk-mdc-c-0
SRC – ROW D
c3750-stk-mdc-f-0
FWSM
FWSM
978
VLAN 2240 – MDC-NetMgmt
VLAN 2244 – MDC-ServerMgmt
VLAN 2248 – MDC-VMWareMgmt
VLAN 2252 – MDC-PowerMgmt
VLAN 2254 – MDC-Utility
VLAN 2002 – Dev FE
VLAN 2003 – Dev BE
VLAN 2004 – Dev SS
975
n5020-1-mdc-d-0
legacy_prod VRF
dev VRF
VLAN 2240 - MGMT
c3750-stk-mdc-b-0
mgmt VRF
974
VLAN 2300 – Meti
system
system
dmz
963
NAMs
Switch 2
Slot 2
Proc 1
prod
973
meti VRF
SVR MGMT SWITCHES
NAMs
Switch 1
Slot 2
Proc 1
972
IDSMs
Switch 2
Slot 1
Proc 1
977
979
IDSMs
Switch 1
Slot 1
Proc 1
qual
mgmt
meti
WIRE01MAIN
dmz VRF
VLAN 180 - ISN
VLAN 181 - CSN
qual VRF
VLAN 182 - ASN
prod VRF
VLAN 183 - FSN
VLAN 2006 – Qual FE
n5010-1-mdc-b-0
n5010-2-mdc-b-0
SRC – ROW B
n5010-1-mdc-c-0
n5010-2-mdc-c-0
SRC – ROW C
n5010-1-mdc-f-0
n5010-2-mdc-f-0
SRC – ROW F
shared VRF
VLAN 2010 – Qual BE
ACEs
Switch 1
Slot 3
Proc 0
ACEs
Switch 2
Slot 3
Proc 0
VLAN 700 - APC
VLAN 900 – ADN_A
VLAN 901 – CDN_A
VLAN 903 – UDN_E
VLAN 910 – ADN_E
VLAN 911 – CDN_E
VLAN 920 - SDN
VLAN 2022 - FE
VLAN 2014 - FE
VLAN 2018 - BE
SRC – Row D – DIST-VSS
Exhibit P (page 2 of 5) CNM: WAN/Core/Internet Topology
Date:
Mar 13 2012
Version
: P-357
Prepared by:
rm
Qwest
Remote
Campuses
67.148.226.182/30
Default Gateway is 67.148.226.181
BGP router id 10.32.1.2
gw01wsc
Internet Rtr
198.133.179.249/29
WTC_6509
ATC_6506
RRC_TR1_6506
gwsw01wsc
Internet Sw
198.133.179.250/29
198.133.179.251(252)/29
ASA01WSC
WSC_6509
WSC_6509_Core
.2
.1
Management IP:
VLAN 968 – DMZ FW Uplink
GLOBAL
VLAN 970 – FW Outside Uplink
mgmt
admin
VLAN 3244 – SVR MGMT
970
970
qual
970
970
970
970
968
shared
Failover
FW_heartbeat - Vlan 961
FW_state - Vlan 962
system
system
dmz
dev
prod
977
973
978
FWSM
FWSM
qual VRF
972
974
975
dmz VRF
NAMs
Switch 1
Slot 2
Proc 1
NAMs
Switch 2
Slot 2
Proc 1
ACEs
Switch 1
Slot 3
Proc 0
ACEs
Switch 2
Slot 3
Proc 0
mgmt VRF
SVR MGMT SWITCHES
VLAN 179 – WSDC DMZ
prod VRF
VLAN 3240 - MGMT
dev VRF
VLAN 3244 -MgmtServers
VLAN 3248 -Mgmt VM
VLAN 3252 -PWR-UPS
VLAN 3254 -UTILITY
shared VRF
VLAN 3002 - FE
VLAN 3003 - BE
VLAN 3004 - SS
VLAN 3022 - Shared
IDSMs
Switch 1
Slot 1
Proc 1
n5020-wsdc-NDR-01
n5020-wsdc-NDR-02
c3750-stk-wsdc-NAR2-1
IDSMs
Switch 2
Slot 1
Proc 1
WSDC-ROW A (NAR01)
n5010-wsdc-NAR3-01
n5010-wsdc-NAR2-01
Row D- not onsite yet
Not onsite yet
VLAN 3006 - FE
n5010-wsdc-NAR3-02
VLAN 3010 - BE
n5010-wsdc-NAR2-02
VLAN 3014 - FE
Not onsite yet
VLAN 3018 - BE
WSDC – ROW B (NAR03)
Exhibit P (page 3 of 5) CNM: WAN/Core/Internet Topology
Date:
Mar 13 2012
Version
: P-357
Prepared by:
rm
c3750-stk-wsdc-NAR3-1
WSDC – Row A – DIST-VSS
WSDC – ROW C (NAR02)
WSDC – ROW D (NAR01)
Advertise 198.133.178.0/24
and 198.133.180.0/22 via BGP
Internet
TWTC
AS 4323
CenturyLink
AS 209
198.133.178.0/24
gw01main_a
198.133.178.136
AS 4869
rtr
Core_VSS
10.254.213.245
Route Reflector
198.133.179.0/24
rtr
gw02main_src
198.133.178.193
rtr
rtr
gw01wsc
198.133.179.249
WSC_VSS
10.254.213.228
Route Reflector
rtr
DMZ:
198.133.180.0/22
DMZ:
198.133.180.0/24
rtr
WTC_6509
10.254.213.225
rtr
SVC_6509
10.254.213.229
BGP Design Detail
CNM - Internet Redundancy Design 2012
rtr
rtr
JMMC_6509
10.254.213.232
SV_SBDC_3750G
10.254.213.241
rtr
rtr
RRC_TR1_6506
10.254.213.244
ATC_6506
10.254.213.247
Exhibit P (page 4 of 5) CNM: Internet BGP Design Detail
Date:
Mar 13 2012
Version
: P-357
Prepared by:
rm
JMMC Network Topology
Exhibit P (page 5 of 5) CNM: Typical Edge Network Topology
Date:
Mar 13 2012
Version
: P-357
Prepared by:
rm
Mgt. IP 10.0.1.2
Vlan 100
100
201
204
206
208
210
212
MOE
G Bldg 3750
Mgt. IP 10.0.1.12
WAN_Uplink
Core_Uplink
Uplink_J_Bldg
Uplink_K_Bldg
Uplink_TW_Bldg
Uplink_I-Bldg
Uplink_H-Bldg
IP 10.143.0.4
IP 10.1.2.1
IP 10.1.4.1
IP 10.1.6.1
IP 10.1.8.1
IP 10.1.10.1
IP 10.1.12.1
Fiber Patch Cords
Blue 50 mic MM
Orange 62.5 mic MM
Yellow SM
Port Channel
G Bldg 6509-E
Admin
Instru
Wireless
Security
Vlan 10
Vlan 11
Vlan600
Vlan700
Network 10.2.2.X
Network 10.3.2.X
Network 10.5.2.X
Network 10.7.3.X
On Interface Vlan 212
10.1.12.2
Mgt. IP 10.0.6.2
H Bldg 3750
Stack
On Interface Vlan 208
10.1.8.2
Mgt IP 10.0.4.1
On Interface Vlan 206
10.1.6.2
Mgt. IP 10.0.3.1
TW Bldg
3750G Stack
Admin
Instru
Testing
Wireless
Security
Vlan 40
Vlan 41
Vlan 42
Vlan608
Vlan708
Network 10.2.8.X
Network 10.3.8.X
Network 10.4.8.X
Network 10.5.8.X
Network 10.7.8.X
Admin
Vlan 60 Network 10.2.12.X
Instru
Vlan 61 Network 10.3.12.X
Wireless Vlan612 Network 10.5.12.X
On Interface Vlan 204
10.1.4.2
On Interface Vlan 210
10.1.10.2
Mgt IP 10.0.5.1
Mgt. IP 10.0.2.2
K Bldg 4006
J_Bldg-4006
Admin
Vlan 30 Network 10.2.6.X
Instru
Vlan 31 Network 10.3.6.X
Wireless Vlan606 Network 10.5.6.X
Admin
Vlan 20 Network 10.2.4.X
Instru
Vlan 21 Network 10.3.4.X
Wireless Vlan604 Network 10.5.4.X
I Bldg 6509
Admin
Vlan 50 Network 10.2.10.X
Instru
Vlan 51 Network 10.3.10.X
Wireless Vlan610 Network 10.5.10.X
EXHIBIT Q: PHONE SYSTEM TOPOLOGY
CNM Main Site
PSTN
G430
V1
SYSTEM
IPSI
G430 Gateway
V2
W AN
10/2
LAN
1 0/4
USB
MDM
AUD IO
ALM
CPU
PW R
R ST
A SB
1
V3
COMPACT FLASH
2
CCA 10/1
SERVICES
CAR D
IN U SE
LAN 10/3
ASBDC
CLANs
G430
V1
SYSTEM
MedPro
IPSI
Ma
in
CCA 10/1
SERVICES
CAR D
IN U SE
LAN 10/3
S8800 ESS Server
S8800 MAS server
COMPACT
S8800 SES server
COMPACT
CMS Server
COMPACT
CNM Smith Brasher
V3
COMPACT FLASH
AUD IO
2
S8800 CM Server B
COMPACT
MedPro
LAN
1 0/4
A SB
SBDC
S8800 CM Server A
COMPACT
Ca
mp
us
R ST
1
COMPACT
G430 Gateway
V2
W AN
10/2
USB
MDM
ALM
CPU
PW R
IPSI
CNM Westside
Campus
CCE Server
COMPACT
G650s
MedPro
IPSI
PSTN
h Bra
sher
MedPro
Wan
CNM Ken Chappy Hall
ll
US
B
CONSSERVI
OLE CES
M
AL
D
CP
M
PW
U
R
US
B
CONSSERVI V2 V6
OLE CES
ET
R
CC
A
ETH
WAN
ETH
LAN
ET
R
CC
A
ETH
WAN
ETH
LAN
RS AS
T B
V1 V5
IPSI
SYST
EM
M
AL
D
CP
M
PW
U
R
US
B
CONS SERVI
OLE CES
ET
R
CC
A
ETH
WAN
ETH
LAN
G45
0
RS AS
T B
V1 V5
SYSTE
M
M
D
AL
CP
M
PW
U
R
MedPro
SYSTE
M
MD
M
ALM
CPU
PW
R
USB
CONSOSERVIC
ES
LE
ETR
SYSTE
M
USB
MD
M
ALM
CPU
PW
R
SYSTE
M
CNM LAN
Control
Network A/B
ETH
LAN
RSTASB
MD
M
ALM
CPU
PW
R
CONSOSERVIC
LE V1 ESV5
V2
Backup Trunking
ETH
WAN
CCA
G45
0
USBV3
V4
ETR
ETH
WAN
CCA
G45
0
ETH
LAN
RSTASB
V6
V1 V5
CONSOSERVIC
V7
ES
LE
V2 V6
ETR
CCA
ETH
WAN
G45
0
ETH
LAN
RSTASB
V8
V3
V7
V1
V5
V4
V8
V2
V6
V3
V7
V4
V8
US
B
CONSOSERVIC
LE
ES
ET
R
CC
A
ETH
WAN
G45
0
ETH
LAN
RS AS
T B
V1
V5
V2
V6
V3
V7
V4
V8
SVC
PROJECT:
ET
R
CC
A
ETH
WAN
ETH
LAN
RS AS
T B
V1 V5
WTC
V3 V7
V1 V5
V4 V8
Rio Rancho
RS AS
T B
G4
50
M
AL
D
CP
M
PW
U
R
US
B
CONSSERVI
OLE CES
M
AL
D
CP
M
PW
U
R
US
B
CONSSERVI
V2 V6
OLE CES
ET
R
CC
A
ETH
WAN
ETH
LAN
ET
R
CC
A
ETH
WAN
ETH
LAN
RS AS
T B
V1 V5
V3 V7
RS AS
T B
G4
50
G4
50
V1 V5
V4 V8
V2 V6
V3 V7
V2 V6
V4 V8
V3 V7
V4 V8
V2 V6
V3 V7
V4 V8
SRC
ATC
JMMC
PSTN
G450 Gateways
CONFIDENTIAL NETWORK DESIGN PREPARED FOR:
<Location Names and/or Addresses>
2
CONSSERVI
OLE CES
G4
50
V4 V8
LOCATION:
REVISION
US
B
V3 V7
V2 V6
Main Trunking
M
AL
D
CP
M
PW
U
R
G4
50
SYST
EM
M
AL
D
CP
M
PW
U
R
SYST
EM
Ha
SYST
EM
ap
py
SYST
EM
Ch
SYST
EM
Ke
n
Smit
REVISED
March 19, 2012
PAGE
LOCAL AVAYA ACCOUNT TEAM:
DRAWN BY:
Chavez/Alvarez
<Name>
EXHIBIT R: FUTURE TECHNOLOGY ENVIRONMENT
P-357 Exhibit R: 2013 CNM Future Information Technology
Environment
Future Environment:
CNM is continuously engaged in the implementation of new technology that
provides the Institute with growth and accessible services while ensuring
adequate security. The project needs to take into consideration the following
major projects that are in preliminary stages of planning or implementation:





Campus Safety (In Progress) – CNM is currently implementing a number
of technology projects engineered to improve campus safety. All of these
projects place greater demands on the capacity and availability of CNM’s
communication infrastructure. Campus Safety initiatives are as follows:
o Access Control (In Progress) – CNM is currently implementing the first
phase of its automated Access Control project that include six
buildings. Phased implementations will continue until all buildings are
completed. At some point it is feasible that CNM’s intrusion detection
system will be integrated with Access Control.
o Surveillance (In Progress) – Beginning with parking lots CNM is in the
process of implementing a video surveillance system that will be
expanded to include all outdoor areas and interior spaces where
additional security is required.
o Emergency Notification System (In Progress) – Preliminary phase to
identify requirements, design, procure and implement an Emergency
Notification system.
CNM Main Campus Communications Loop (Kick off 4/2013) – Design and
installation of a multi-zone underground communications utility duct bank
that will replace existing Out Side Plant (OSP) fiber and copper and
establish redundant communications pathways from Main Campus
primary and secondary distribution facilities to campus buildings.
Wireless Upgrade (Scheduled for FY2014) – Upgrade and replacement of
CNM’s aging wireless network and increase capacity and manageability to
meet the current instructional requirements and the needs of an
increasingly mobile student population.
Major Building Renovations, New Construction & Inside Plant
Communications Cable Upgrades (Ongoing) – CNM is continuously
involved in new construction and the renovation of existing facilities.
These projects offer opportunities to expand services and update aging
technology.
Communication Services Renewal (Pending RFP) – The majority of
CNM’s communication services (Internet, WAN, PRI, etc.) are
approaching their final contract year and an new price agreements and
contracts must be established through an RFP process. This may result in
changes in current service providers and possible introduction of new
Page 1 of 2
Last modified on: 09/04/2013 rm
EXHIBIT R: FUTURE TECHNOLOGY ENVIRONMENT





technologies. It is anticipated that aggressive pricing will allow CNM to
increase bandwidth and deploy additional redundant communications
routes.
Desktop and Application Virtualization (In Planning Phase) – A pilot project
is under way to implement server based hosting of desktop applications
allowing increased utilization of limited application licenses and paving the
way for future delivery to mobile devices.
Data Center Monitoring (In Planning Phase) – Implement tools and
procedures to monitor mission critical systems and services related to
effective data center operations to ensure reliable delivery to customers.
Mobile Communications Plan (Proposed, Pending Approval ) – Expansion
and reconfiguration of CNM’s existing radio and mobile communications
infrastructure to improve the effectiveness and availability of the system.
CNM Southwest Mesa Campus (Property Acquired, Development
Pending Approval) – What is likely to become CNM’s 8th campus location.
The undeveloped property is located approximately ¾ miles west of
Atrisco Heritage High School on Dennis Chavez Road.
Building Management (Proposed) – Implementation of an enterprise wide
automated building management system.
Page 2 of 2
Last modified on: 09/04/2013 rm
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ITS
ChangeManagementProcess
Lead:ITSAssociateDirector
Stakeholders: ITS Technical Leads & ITS Management Team Last Update: 09‐24‐09 The ITS Change Management Process describes the philosophy and procedures to introduce change into the IT environment. It is designed to minimize the impact of change to our user community and facilitate communications. Page 1 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
TableofContents
Table of Contents ................................................................................................................................................................... 2 Introduction: ......................................................................................................................................................................... 3 Final Flow CM......................................................................................................................................................................... 4 ITOM and CMM Process Flow ................................................................................................................................................ 5 Procedure: Change Implementation .................................................................................................................................... 6 Change Management Categories Chart (Assigning Risk to a Change) ................................................................................... 8 Backout .................................................................................................................................................................................. 8 Change Management Categories Chart (Assigning Risk to a Change) ................................................................................. 9 Change Management Categories Chart (Assigning Risk to a Change) ............................................................................... 10 Procedure: Assigning Risk to a Change Procedure ............................................................................................................. 12 Scheduling a Change ............................................................................................................................................................ 14 ChangeManagementImplementationRequirementsChart .......................................................................................... 15 Change Management Implementation Requirements Chart .............................................................................................. 16 Change Man. Entry .............................................................................................................................................................. 18 Monthly Calendar ................................................................................................................................................................ 19 Presentation to Change Advisory Board .............................................................................................................................. 20 Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 2 of 20 Page 2 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
Introduction:
The mission of our Change Management Process is to manage the introduction of change into the
IT environment. The intent is to eliminate or reduce disruptions to business services resulting from
the change. This considered approach is essential to maintain a proper balance between the need
for change against the impact of the change. It is particularly important that the Change
Management Process maintain a high level of visibility and open channels of communication in
order to promote smooth transitions when changes eventually take place.
The guiding principles of our Change Management System are:
1. Assessment of potential risk (High, Medium or Low).
2. Minimize the impact of change to our users
3. Meet or exceed service level commitments
4. Minimize impact to other systems & each other
5. Improve the way we do business
6. Efficiency, Productivity
7. Foster teamwork
8. Communicate, Communicate, Communicate…
Each week proposed changes are presented to the Change Advisory Board (ITOM). Among the
items discussed are:
• Technical issues
• Security concerns
• Communications to users
• Timing
• Change conflicts…
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 3 of 20 Page 3 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeManagementProcessFlow
Change Management Flow
Last Update: 09-02-09
Change is needed
Assess Risk/Assign Category
(Use Assigning Risk to a Change)
Change
category?
Emergency
One person takes
lead and pulls in
anyone else needed
Team assesses
situation
Once assessed,
someone from team
communicates
nature of
emergency to SC
and Management
High Risk
Medium Risk
Enter change into
Change Calendar
ASAP, but at least
prior to 2 ITOM
meetings. (Use
Invite Attendee
Option)
Communication to users
required?
Low Risk
Communicate with
Peer and Those
Being Affected By
Change
No
Yes
Enter change into
Change Calendar
prior to 2 ITOM
meetings (Use
invite attendee
option)
ITOM
Process
ITOM
Process
CMM
Process
Enter Change into
Change Calendar
before Mon. Noon
prior to 1 CMM
(Invite Attendee
option not needed)
CMM
Process
Carry Out
Change At
Appropriate Time
Perform Post
Mortem and
Documentation as
appropriate
Team obtains
management
involvement if
necessary
Support Center
enters change into
Change Calendar
Carry out change
ASAP or during
scheduled off hours
if appropriate
Tech. Emails detail
info. To SC for
comm. to users &
Change Calendar
Work with Support
Center For
communications to
users
CMM
Process
Work with Support
Center For
communications to
users
Carry out change
within window
Perform post
mortem and
document as
appropriate
Carry out change
within window
Perform post
mortem and
document as
appropriate
Perform post
mortem
EXIT
Legend: CMM -- Change Management Meeting
ITOM –IT Operations Meeting
SC -- Support Center
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 4 of 20 Page 4 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ITOperationsMeetingandChangeManagementMeetingProcessFlow
No
ITOM PROCESS
CMM PROCESS
Review Task List at
ITOM meeting
Review proposed
change at CMM
No
Conflict
identified?
Yes
Yes
Resolve outside of
ITOM with
appropriate parties
Conflict
resolved?
Conflict
identified?
Resolve outside of
CMM with
appropriate parties
No
Reschedule and
review as
appropriate
Conflict
resolved?
Yes
Yes
Continue to
next step
Continue to
next step
Reschedule and
review as
appropriate
No
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 5 of 20 Page 5 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
Procedure:ChangeImplementation
A change is needed:
1. The risk is assessed using the Procedure: Assigning Risk to a Change.
2. Determine the Change Category.
3. Proceed as follows:
EMERGENCY
1. One Person takes the lead and pulls in anyone else needed for the emergency.
2. The team will assess the situation.
3. Once assessed, someone from the team communicates the nature of the emergency to the Support
Center and Management.
4. The team obtains management involvement if it is necessary.
5. The Emergency change is carried out as soon as possible or during scheduled OFF hours if possible.
6. The team makes a follow-up communication to the Support Center.
7. The Support Center enters the Emergency change into the Change Calendar.
8. A post mortem is performed by the team.
9. Exit
HIGH Risk
1. The high risk change is entered into the change calendar as soon as possible, but at least prior to 2
ITOM meetings.
2. Begin ITOM Process
3. Review presentation with Change Advisory Board at ITOM.
4. Has a conflict been identified at the ITOM meeting?
5. If YES, a conflict has been identified at the ITOM meeting, resolve outside of ITOM with appropriate
parties.
6. If the conflict IS resolved with the appropriate parties, move on to CMM process.
7. If the conflict IS NOT resolved with the appropriate parties, the change must be rescheduled and
reviewed again at the ITOM meeting.
8. If a conflict has NOT been identified at the ITOM meeting, move on to CMM process.
9. Begin CMM Process.
10. Has a conflict been identified at the CMM meeting?
11. If yes, conflict has been identified at the CMM meeting, resolve outside of CMM with appropriate
parties.
12. If the conflict IS resolved with the appropriate parties, go to step 15.
13. If the conflict IS NOT resolved, the change must be rescheduled and reviewed again at the CMM
meeting.
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 6 of 20 Page 6 of 20
14.
15.
16.
17.
18.
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
If a conflict HAS NOT been identified at the CMM meeting, move on to next step.
Relay information to Support Center for communication to users.
Carry out change within Change Window (Saturday 6 pm to Sunday 12 noon).
Perform Post Mortem and Documentation as appropriate.
Exit
MEDIUM Risk
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
First determine if communication is required to users in advance.
If communication is required, enter change into Change Calendar as soon as possible, but at
least prior to 2 ITOM meetings then begin ITOM PROCESS.
If communication is NOT required, enter change into Change Calendar prior to 1 Change
Management Meeting then begin CMM PROCESS.
Begin ITOM Process
Review “Presentation with Change Advisory Board at ITOM.
Has a conflict been identified at the ITOM meeting?
If YES, a conflict has been identified at the ITOM meeting, resolve outside of ITOM with
appropriate parties.
If the conflict IS resolved with the appropriate parties, move on to CMM process.
If the conflict IS NOT resolved with the appropriate parties, the change must be rescheduled
and reviewed again at the ITOM meeting.
If a conflict has NOT been identified at the ITOM meeting, move on to CMM process.
Begin CMM Process.
Has a conflict been identified at the CMM meeting?
If yes, a conflict has been identified at the CMM meeting, resolve outside of CMM with
appropriate parties.
If the conflict IS resolved with the appropriate parties, go to step 17.
If the conflict IS NOT resolved, the change must be rescheduled and reviewed again at the
CMM meeting.
If a conflict HAS NOT been identified at the CMM meeting, move on to next step.
Relay information to Support Center for communication to users.
Carry out change within Change Window (Saturday 6 pm to Sunday 12 noon).
Perform Post Mortem and Documentation as appropriate.
Exit.
LOW Risk
1.
2.
3.
4.
Communicate to Peer and with those being affected by the low level change.
Carry out change at the appropriate time.
Perform Post Mortem and Documentation as appropriate.
Exit.
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 7 of 20 Page 7 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeManagementCategoriesChart(AssigningRisktoaChange)
(Last Update: 09‐02‐09) (Page 1 of 2) E – EMERGENCY
1 – HIGH
Risk
2 – MEDIUM
Risk
3 – LOW
Risk
(with or without
comm.)
Impact
-Major
-Major
-Significant
-None
Visibility
(# users affected)
-Many users or
-Safety issue or
-Security issue
-Potentially
visible to many
users
-Potentially
visible to a few
users
-Potentially
visible to few or
no users
-Difficult or
impossible to
back out
-Involved backout
Backout
-Backout is not an
option
-Quick and easy
backout
Planning
-Unanticipated
-Not a project
Severity
-Production down or
-Critical resources at risk
-Planned
-Major Project
-Lengthy Install
-Effects a
mission critical service
(i.e., Payroll…)
-General system
administration
-Not a project
-Not mission
critical
Impact
-Major
-Major
-Planned
-Not necessarily
a project
-Not a mission
Critical service,
backout
is involved -A mission
critical service,
backout
is trivial
-Significant
-Router down
Examples
-Network Upgrade
-Change IP’s on
RAS
-Activating or
deactivating a
port
-Adding a Web Page
or changing it’s
content
(ability to back
out)
-Service Offline
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team -IPX to IP
Cutover
-Replace a
perimeter server
i.e., server in
1 classroom (not
serving a core
function
-None
Last Updated: 09‐24‐09 Page 8 of 20 Page 8 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
Change Management Categories Chart (Assigning Risk to a Change)
E – EMERGENCY
1 – HIGH
Risk
Examples, continued
-Banner Upgrade
-Service Pack
-IIS server hacked
-Deactivating a server
-Email Server infected
with
a virus
-Windows Service Pack
for an OS; Service
Release for an
application
-Upgrading to a new
version of an
application
or OS
-Relocating or moving
a riser cable in building
-Replacing a broken
machine in part or in
whole
-Carrier on phone switch
burned out or bad
-Cut voice tie line
3 – LOW
Risk
-Upgrade of a
Server to a new
level
-Move a service
onto a new
server
-Moving a printer
-Writing a Banner
script/report
-Moving data from one
server to another
-Downing a server, for
PM
-Running new CAT5/
Fiber tie lines to
switches
& hubs
-Relocating or moving a
Tie Line
-Hardware Tie links to
other campus go down
-Cut or broken fiber
(Page 2 of 2)
2 – MEDIUM
Risk
(with or without
comm.)
-Changing
permissions
-Stopping/Starting a NT
service
-Windows security patch
(when an immediate
threat
is not present)
-Ghosting a computer lab
machine
-Unlocking audix box
-Bad jack on the wall
-Bad patch cord/line
cord/
hand set cord
-Malfunctioning phone
-T1 down
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 9 of 20 Page 9 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
Change Management Categories Chart (Assigning Risk to a Change), continued
E – EMERGENCY
1 – HIGH Risk
2 – MEDIUM Risk
3 – LOW Risk
Impact
-Major
-Major
-Significant
-None
Visibility
-Many users or
-Safety issue or
-Security issue
-Potentially
visible to many
users
-Potentially
visible to a few
users
-Potentially
visible to few or
no users
-Backout is not an
option
-Difficult or
impossible to
back out
-Involved backout
-Quick and easy
backout
Planning
-Unanticipated
-Not a project
Severity
-Production down
or
-Critical
resources at risk
-Planned
-Major Project
-Lengthy Install
-Effects a
mission critical
service
(i.e., Payroll…)
-Planned
-Not necessarily
a project
-Not a mission
critical service
-Backout is involved
-A mission critical
service, backout
is trivial
-General system
administration
-Not a project
-Not mission
critical
-Change IP’s on RAS
-Activating or deactivating
a port
-Adding a Web Page
or changing it’s
content
(# users
affected)
Backout
(ability to
back out)
Examples
-Network Upgrade
-Router down
-Service Offline
-IPX to IP
Cutover
-Service Pack
-Banner Upgrade
-IIS server hacked
-Deactivating a server
-Email Server infected
with a virus
-Windows Service Pack
for an OS; Service
Release for an
application
-Upgrading to a new
version of an
application or OS
-Replacing a broken
machine in part or in
whole
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team (Page 3 of 3)
-Replace a perimeter server
i.e., server in
1 classroom (not
serving a core function
-Upgrade of a
Server to a new level
-Move a service
onto a new server
-Moving a printer
-Moving data from one
server to another
-Downing a server, for
PM
-Writing a Banner
script/report
-Changing
permissions
-Stopping/Starting a NT
service
-Windows security patch
(when an immediate threat
is not present)
-Ghosting a computer lab
Machine
Last Updated: 09‐24‐09 Page 10 of 20 Page 10 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
E – EMERGENCY
-Carrier on phone switch
burned out or bad
-Cut voice tie line
-Cut or broken fiber
1 – HIGH Risk
2 – MEDIUM Risk
Examples, continued
-Relocating or moving
-Running new CAT5/
a riser cable in building
Fiber tie lines to switches
& hubs
-Relocating or moving
a Tie Line
-Hardware Tie links to
other campus go down
-T1 down
3 – LOW Risk
-Unlocking audix box
-Bad jack on the wall
-Bad patch cord/line cord/
hand set cord
-Malfunctioning phone
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 11 of 20 Page 11 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ProceduretoAssignRisktoaChange
(Determining the Change Category)
What constitutes an EMERGENCY change?
1. Impact: Major
2. Visibility:
 Many users will be affected by the change.
 There is a safety issue involved.
 There is a security issue involved.
3. Backout:
 Back out of the change is not an option.
4. Planning:
 The change was unanticipated.
 The change is not a project.
5. Severity:
 Production is down and needs to be brought back up.
 Critical Resources are at risk.
What constitutes a HIGH Risk change?
1. Impact: Major
2. Visibility:
 Potentially many users could be affected.
3. Backout:
 It may Difficult or Impossible to back out.
4. Planning:
 The change is planned.
 The change is a Major Project
 The change could be a Lengthy Install.
5. Severity:
 The change affects a mission critical service.
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 12 of 20 Page 12 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
What constitutes a MEDIUM Risk change?
1. Impact: Significant
2. Visibility:
 Potentially a few users could be affected.
3. Backout:
 Could be either involved or trivial (look at Severity).
4. Planning:
 The change is planned
 The change is not necessarily a project.
5. Severity:

Not a mission critical service; however backout is involved.

Is a mission critical service; however, backout is trivial.
What constitutes a LOW Risk change?
1. Impact: None
2. Visibility:
 Potentially a few or no users could be affected.
3. Backout:
 Back out is quick and easy.
4. Planning:
 Usually general system administration.
 Not a project.
5. Severity:

Not mission critical.
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 13 of 20 Page 13 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
SchedulingaChange
Scheduling a Change
Implement Change
H
M/C
M
M T W R F S S M T W R F S S M T W R F S S M T W R F S S
I
T
O
M
I
T
O
M
I
T
O
M
I
T
O
M
C
M
M
C
M
M
C
M
M
C
M
M
ITOM – IT Operations Meeting
Each Thursday
CMM – Change Management Meeting
Each Thursday
H – High Risk
M – Medium Risk
M/C – Medium requiring
communication to users
1
Last Update: 09-02-09
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 14 of 20 Page 14 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeManagementImplementationRequirementsChart
Last Update: 09-03-09)
(Page 1 of 2)
Change Calendar
Tech. Review
Communications
Management
Review
Timing
-N/A*-4
-One person takes
the lead and
pulls in anyone
else needed
-Support Center
before & after
the change
-Management
responsible
to get
information &
communicate to
users
-Technical Lead
delegates
communications
-Management
approval (if not
available,
contact Support
Center)
-ASAP
-Anytime or
scheduled off
hours
-Not necessarily
during the window
-2 weeks or more
-Core Group
-Other appropriate
staff
-Appropriate
vendors
-Advanced notices
to those effected
-Project Manager
is responsible
for communication
inside & outside
group
-Change Meeting
-Formal manager
review required
-Change window
or
-Scheduled
E
E
M
E
R
G
E
N
C
Y
1
H
I
G
H
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 15 of 20 Page 15 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeManagementImplementationRequirementsChart,continuedPage2 of 3
Change Calendar
Tech. Review
Communications
Management
Review
Timing
2
-1 week or more
-At least peer
-Maybe vendor
-Lead Technician
communicates with
all parties
involved
-Change Meeting
-Managers are
notified
-No formal review
is required
-Change window
-N/A
-Maybe Peer if
appropriate
-Person making
change to whoever
necessary if
applicable
-N/A
-Appropriate time
M
E
D
I
U
M 3
L
O
W Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 16 of 20 Page 16 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
Change Management Implementation Requirements Chart, continued
Test Plan
Documentation
Post Review
(Page 3 of 3) E
-N/A
-Historical data,
tracked for
vendor
accountability
-Documentation
kept in area by
the Team
-Post mortem
-Appropriate
process
improvements
-Communicate with
management and
peers
-Monitor results
of change
-Document test
procedure and
present to all
-Dry run offline
if possible
-Post docs on test
results
-Repeat if
necessary
-Project Manager
develops &
collects all
documentation at
central location
-Project Manager
will determine
documentation
requirements:
layout, content…
-Tie up loose
ends/post mortem
-Appropriate
process
improvements
-Communicate with
management and
peers
-Formally monitor
change results
-Devise a test
procedure &
share with Peers
-Implement test
& analyze results
-Determined by &
kept in area of
the Team
-Audience is peers
-Appropriate
process
improvements
-Technician
monitors results
of change
-N/A
-N/A
-Monitor or test
change as
appropriate
E
M
E
R
G
E
N
C
Y 1
H
I
G
H
2
M
E
D
I
U
M 3
L
O
W Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 17 of 20 Page 17 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeCalendarEntry
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 18 of 20 Page 18 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
ChangeCalendar‐MonthlyView
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 19 of 20 Page 19 of 20
EXHIBIT N: ITS CHANGE MANAGEMENT PROCESS
PresentationtoChangeAdvisoryBoard
Change Title: XYZ
Revision: 2009-09/11
Author:
Problem/Description:
text
Impact:
Change Category:
INFO|Low|Medium without communication|
Medium with Communication|High
Disaster Recovery:
System/Environmental:
Users:
Security:
PCI Implications?:
Other:
This change will have Y impact on Disaster Recovery or n/a.
This change will have X impact on Banner or n/a.
This affects the users by Y or n/a.
This change has Z potential security issues (Steps taken to mitigate risks…) or n/a.
Goal:
text
Schedule:
text
Implementation Plan:
text
Test Plan:
text
Backout Plan:
text
Lead: ITS Associate Director Stakeholders: ITS Technical Leads & Mgmt. Team Last Updated: 09‐24‐09 Page 20 of 20 Page 20 of 20