Central New Mexico Community College
Purchasing Department
525 Buena Vista SE, Building A, Room #A128
Albuquerque, NM 87106 / 87196-4586
REQUEST FOR BIDS NUMBER: T-2752
DUE DATE: Friday, April 10, 2009
BUYER: Gil Rivera
Telephone number:
505-224-4549
Fax number:
505-224-4548
E-mail address:
[email protected]
NUMBER OF RESPONSES REQUIRED: One (1)
Original and One (1) Copy
TITLE: On-Demand Structured Data Communications Cabling
Services
TIME: 4:00 PM local time (MDT)
Mandatory Bidder’s Conference and Site Survey is scheduled for
April 3, 2009, 10AM MDT. Bidders to meet at the Purchasing
Office located at 525 Buena Vista SE, Building A, Room #A128
Albuquerque, NM 87106.
FREIGHT TERMS: FOB Destination Freight Included
PAYMENT TERMS: Net 30 Days
INSTRUCTIONS TO BIDDERS:
The Central New Mexico Community College (CNM) invites you to submit a bid on the material and/or services specified within this Request for Bids. Please
read carefully all instructions, specifications, terms and conditions. Failure to comply with the instructions, specifications, terms and conditions of the Invitation
may result in your bid being declared non-responsive. The purchase of materials and/or services awarded under this Invitation are subject to CNM's
General Terms and Conditions as well as all statements contained in this Request for Bids. All terms and conditions of the Request for Bids will remain
unchanged for the duration of any resultant agreement(s) and will supersede and take precedence over any bidder agreement forms. Additional or
different terms proposed by the Vendor/Contractor are hereby rejected. New Mexico criminal law prohibits bribes, gratuities and kickbacks (13-1-28
through 13-1-199, NMSA 1978).
To bid on the goods or services specified herein, type or print the information requested in the spaces provided on the response form. All blank spaces for
bid prices, manufacturer’s name and product number offered, delivery, warranty, etc. must be written in ink or typed. Corrections shall be
initialed in ink by person signing the bid. When bidder makes mistakes in calculating total price where quantities are involved, the unit price shall
prevail. If you wish to offer more than one bid for a single item or group of items specified, copy the response form and fill in all spaces by typing
or printing in ink. Clearly label the top as an alternate bid, and submit all responses in the same envelope as the original bid. Submit the number
of copies of your bid specified above. Each copy is to include all supporting documentation. Failure to submit the required number of copies may result in
your bid being considered non-responsive.
The completed bid package must be placed in a sealed envelope and submitted to the above address no later than the time and date specified above.
Failure to properly identify this RFB number and Bid 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.
Note:Any and all clarifications of instructions, specifications, scope, requirements, terms and conditions, insurance, bonds, or bid 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 bid preparation, etc. must be made in writing, addressed to the Buyer listed above, and submitted no later than five (5) days prior to
the bid due date. Technical questions concerning the requirements of the requester should be directed to the technical clarification contact listed above. If
appropriate, CNM Purchasing shall issue a written Amendment/Addendum which shall thereafter become part of this Request for Bids. No oral
interpretations shall be binding upon CNM unless reduced to a written amendment issued by CNM Purchasing prior to the bid due date and time.
TABLE OF CONTENTS:
SECTION A:
SECTION B:
SECTION C:
SECTION D:
SECTION E:
SECTION F:
SECTION G:
SECTION H:
EXHIBIT A:
EXHIBIT B:
EXHIBIT E:
EXHIBIT F:
EXHIBIT G:
EXHIBIT H:
EXHIBIT I:
EXHIBIT J:
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
PAGE #:
CNM Standard Bid Terms and Conditions
CNM General Terms and Conditions
Scope of Work
Contractors General Requirements
Instructions to Bidders
Insurance Requirements
Change Order Terms & Conditions
Modification Change Request (MCR) and Change Order forms
Scope of Work for Project #1
Response form for Project #1
Response form for Parts/Materials & Equipment
Contractor Qualifications Statement
Subcontractors Listing
Contractor’s First Tier Subcontractors Payment and Performance Bond Requirements
Signature of Firm’s Authorized Representative and Debarment/Suspension Status & Non-Collusion Affidavit
Small and Small Disadvantage Business Certification form
State of New Mexico Department of Labor Wage Rate Decision number: BE-09-0197 B – link on website
AIA A101 – link on website
CNM’S Communication Infrastructure Standards Manual (CISM) – link on website
Drawing, “CNM Wireless Deployment Project” – link on website
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Copyright CNM, 2009. All rights reserved.
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SECTION A: CNM STANDARD BID TERMS AND CONDITIONS FOR BID #T-2752
1.
ACCEPTANCE.
Equipment and/or Services - Right to reject; specifications.
(I) All equipment and/or services furnished will be subject to inspection
and testing by buyer and buyer's agents upon arrival and after
installation. Any equipment and/or services found by buyer in its sole
discretion to be not in accordance with the specifications, drawings,
plans, instructions, performance criteria, samples or other description
furnished or adopted by buyer for the order or otherwise not in
conformance with the terms of the order shall be subject to rejection,
return and back charge as appropriate, together with the necessary costs
of handling and shipping. Buyer's payment of all or any part of the
purchase price prior to such inspection, testing and non-acceptance of
the equipment and/or services involved shall not constitute a waiver of
any of buyer's rights hereunder.
(II) When supplier believes that the work and equipment are
"finally completed", it shall notify buyer in writing and upon receipt of
said notice, buyer shall inspect the work and either accept such work as
being "finally completed" or identify in writing to supplier that the work
is not finally completed in the opinion of buyer and state specifically
why buyer believes the work is not finally completed. The work and
equipment shall be considered finally completed following successful
start-up of the equipment and full operation of such equipment for a
reasonable number of days or for such period of time set forth in the
applicable Purchase Order, and at that time supplier shall submit a final
payment application for all amounts remaining due and owing to
supplier under the applicable Purchase Order.
2.
ACKNOWLEDGMENT
OF
AMENDMENT/ADDENDUM.
Bidders shall acknowledge receipt of any amendments/Addenda to this
Invitation by identifying the amendment number and date in the space
provided on the form labeled “Signature of Firm’s Authorized
Representative”.
3.
ADDRESSES FOR NOTICES. Any notice required to be given or
which may be given under this Invitation or the resultant price agreement
shall be in writing and delivered in person or via first class mail to the
following address:
Central New Mexico Community College
Purchasing Department
525 Buena Vista, SE
Albuquerque, NM 87106
4.
5.
6.
7.
AWARD OF BIDS. CNM reserves the right to award this bid based on
price and any other evaluation criteria contained herein; to reject any and
all bids or any part thereof, and to accept the bid that is in the best interest
of CNM.
8.
BID NEGOTIATION. Bidders will not be afforded an opportunity for
discussion and revision of bids.
9.
BID OPENING. Bid will be opened publicly on the bid due date and
time specified on the bid cover sheet in the Purchasing Department
Office. Anyone may attend the opening.
10.
BID SECURITY. Bid security shall be required in a bond equal to 5% of
the offered cost of both projects or the equivalent amount in a cashiers
check. The bond shall be provided by a surety company authorized to do
business in the State of New Mexico. The bid security will be returned to
the successful contractor upon completion of the work. The bid security of
the unsuccessful bidders will be returned upon award of the resultant price
agreement.
11.
CANCELLATION. CNM reserves the right to cancel without penalty
this Invitation, the resultant price agreement or any portion thereof for
unsatisfactory performance, unavailability of funds, or when it is in the
best interest of CNM.
12.
CHANGES/ALTERATIONS AFTER AWARD. Changes or alterations
after the award can only be made if agreed to in writing by CNM.
13.
CLAIMS FOR ADDITIONAL TIME. If the Contractor wishes to make
Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor's Claim shall include an estimate of
cost and of probable effect of delay on progress of the Work. In the case of
a continuing delay only one Claim is necessary.
13.1 If adverse weather conditions are the basis for a Claim for
additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time, could not have been reasonably anticipated and
had an adverse effect on the scheduled construction.
13.2 Injury or Damage to Person or Property. If either party to the
Contract suffers injury or damage to person or property because
of an act or omission of the other party, or of others for whose
acts such party is legally responsible, written notice of such
injury or damage, whether or not insured, shall be given to the
other party within a reasonable time not exceeding 21 days
after discovery. The notice shall provide sufficient detail to
enable the other party to investigate the matter.
ALTERNATE BIDS. The brand names, part and or catalog numbers are
used to describe the standard of quality, performance and characteristics
desired and are not intended to limit or restrict competition. Alternate bids
will be accepted and considered, unless otherwise specified in the
supplementary bid terms and conditions, provided they are equal to and
meet all specifications of this Invitation which may include all
specifications of the Brand used to identify the quality of the goods
and/or services requested. If offering a brand, part or catalog number other
than that listed, please indicate items offered and include literature and or
technical specifications. Failure to do so may cause offer to be declared
non-responsive. CNM reserves the right to make the final determination
of whether an alternate bid is equal. It is the contractor's responsibility
to provide, as part of the bid, descriptive literature and specification
information on all alternates bid. If the bid is not clearly identified as an
alternate item, it is understood that the items are bid as specified.
14.
CLEAN UP. It is the contractor's responsibility that the job site be kept
clean and free of rubble while work is performed under the resultant price
agreement. Upon completion of the work, all areas shall be cleared of all
contractor's equipment, excess materials and rubble, and the site shall be
left broom clean. Disposal of any debris shall be to an appropriate disposal
site in accordance with any laws applicable to the type of material being
disposed.
15.
APPROVALS REQUIRED. The resultant agreement shall not be
binding on CNM unless approved by the respective vice president and the
comptroller prior to services being rendered.
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.
16.
AWARDS. CNM reserves the right to make multiple awards of the items,
projects and/or sections of this Invitation. Price agreements may be
awarded on a unit basis for each individually numbered item to the lowest
responsible bidder; or when a group of items have been consolidated for
uniformity, it may be necessary to bid all inclusive items to receive
consideration.
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 Invitation.
17.
CONTRACT. CNM’s purchase order shall be considered the binding
agreement/contract. In the event of any inconsistent or incompatible
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
restored to their original condition at the contractor's expense, including
but not limited to cleaning and painting. The contractor shall be
responsible for security of all his/her equipment and for the protection of
work done under the resultant price agreement until final acceptance of the
work.
provisions, the purchase order (excluding contractor’s bid) shall take
precedence, followed by the provisions of the Request for Bids, and then
lastly, the terms of the Vendor’s/Contractor’s bid response.
18.
CONTRACTOR GUARANTEE. The contractor shall guarantee all
materials, equipment and workmanship furnished and or installed to be
free of defects and shall agree to replace solely at his/her expense any and
all defective equipment, parts, etc. within a one year period after the date of
acceptance of the items and or installation by CNM, unless otherwise
agreed to in writing at the time of award.
19.
CONTRACTOR SCHEDULE REQUIRED. The contractor shall
include a proposed schedule for completion of work under this Invitation.
It should contain an itemized break down of all items and projects,
including testing dates if applicable.
20.
CORRECTION OF WORK
20.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION. The
Contractor shall promptly correct Work rejected by CNM or failing to
conform to the requirements of the Contract Documents, whether
discovered before or after Substantial Completion and whether or not
fabricated, installed or completed. Costs of correcting such rejected Work,
including additional testing and inspections and compensation for CNM's
services and expenses made necessary thereby, shall be at the Contractor's
expense.
20.2 AFTER SUBSTANTIAL COMPLETION. In addition to the
Contractor’s obligation under Warranty, if within one (1) year after the
date of acceptance and approval of the Final Application for Payment of
the work, or after the date for commencement of warranties established
under partial use, or by terms of an applicable special warranty required by
the Contract Documents, any of the Work is found to be not in accordance
with the requirements of the Contract Documents, the Contractor shall
correct it promptly after receipt of written notice from CNM to do so,
unless CNM has previously given the Contractor a written acceptance of
such condition.
20.3 The one-year period for correction of Work shall be extended with
respect to portions of Work first performed after Substantial Completion
by the period of time between Substantial Completion and the actual
performance of the Work. This obligation under this Subparagraph 20.3
shall survive acceptance of the Work under the Contract and termination of
the Work under the Contract and termination of the contract.
20.4 The Contractor shall bear the cost of correcting destroyed or
damaged construction, whether completed or partially completed, of
CNM or separate contractors caused by the Contractor's correction or
removal of Work which is not in accordance with the requirements of
the Contract Documents.
20.5 Nothing contained in this Section 20.5 shall be construed to establish
a period of limitation with respect to other obligations which the
Contractor might have under the Contract Documents. Establishment
of the one-year period for correction of Work as described in Section
20.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the
obligation to comply with the Contract Documents may be sought to
be enforced, nor to the time within which proceedings may be
commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
21.
22.
COST ANALYSIS/BREAKDOWN REQUIRED. If requested, a cost
analysis or cost breakdown of the offered cost shall be submitted with
your response. The cost analysis information may be marked as
confidential if it includes information you feel is proprietary to your
operation. The total offered cost cannot be considered confidential.
DAMAGE AND SECURITY OF CNM PROPERTY. The contractor
shall be responsible for all damage to persons or property that occurs as a
result of his/her fault or negligence, or that of any of his/her employees,
agents and or subcontractors. He/she shall save and keep harmless CNM
against all loss, cost, damage, claims, expense or liability in connection
with the performance of the resultant price agreement. Any equipment or
facilities damaged by the contractor's operations shall be repaired and or
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
23.
DELIVERY. Delivery is an important consideration and may be a factor
in determining any award. Delivery to be made at the campus and
building per individual project.
24.
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 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.
25.
DISCREPANCIES. If any bidder is of the opinion that the bid
specifications as written preclude him/her/it from submitting a response
to this Invitation to Bid, it is specifically requested that the bidder’s
opinion be made known to the Buyer, in writing, at least five (5) days
prior to the established bid opening date.
26.
DISRUPTION OF NORMAL ACTIVITY. All work shall be performed
so as not to interfere with normal CNM activities. When it is necessary to
disrupt normal activities, the schedule of work and the areas to be affected
must be approved by CNM's authorized representative prior to
commencement of the work.
27.
EMPLOYEE CERTIFICATION. The contractor and all contractor's
employees utilized on the work to be performed under this Invitation must
have the proper certification(s) and license(s) to comply with State and
local requirements connected to this invitation. The contractor shall use
only fully qualified and approved service technicians to perform
inspections, service and or repairs under this Invitation.
28.
EQUIPMENT REQUIRED. The contractor shall be responsible for
updating and maintaining all equipment and materials necessary to
complete the work under this Invitation except as otherwise noted in the
Specifications.
29.
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.
30.
FINANCIAL STATEMENTS REQUIRED. If requested, all bidders
may be required to submit their most recent Income Statement, Balance
Sheet, and Statement of Cash Flows.
31.
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.
32.
GENERAL TERMS AND CONDITIONS. CNM's General Terms and
Conditions are an equal and integral part of this Invitation.
33.
GOVERNING LAW. This Invitation and the resultant price agreement
will be interpreted and governed by the Laws of the State of New Mexico.
34.
INDEMNIFICATION. To the fullest extent permitted by law, the
Contractor shall indemnity and hold harmless the Owner (CNM),
Architect, Architect’s consultants, and agents, officers, and employees of
any of them, against liability, claims, damages, losses, and expenses,
including but not limited to attorneys fees, arising out of or resulting from
performance of the Work , provided that such claim, damage, loss, or
expenses is attributable to bodily injury, sickness, disease, or death, or to
The wording “will endeavor” is not acceptable. Contractor surety shall
provide Owner with a transmittal letter stating that all insurance documents
have been reviewed and have met or exceeded the contract document
requirements.
physical injury to real or personal property, including the loss of use
resulting therefrom, but only to the extent that the liability, damages,
losses, or costs are caused by, or arise out of, the acts or omissions of the
Contractor or its officers, employees, or agents. Both parties to this
Contract represent and agree that this indemnity provision is valid and
enforceable and meets the requirements of N.M. Stat. Ann. § 56-7-1 (1978
as amended).
In addition, Contractor, if requested by Owner, shall deliver to Owner
(within 10 days of Owner's request) a certified copy of any policies called
for herein. Contractor shall also immediately furnish Owner with copies of
any endorsements, addenda, or amendments to such policies. If Owner is
damaged by Contractor's failure to obtain and maintain the insurance
called for herein, then Contractor shall be liable to Owner for all costs,
expenses, and damages resulting therefrom. All insurance policies to be
furnished by Contractor under the Contract Documents shall be subject to
approval by Owner. All policies shall be on an occurrence (as opposed to
claims made) basis.
In claims against any person or entity indemnified under this Section 32 by
an employee of the Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable,
the indemnification obligation under Section 32 shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable
by or for the Contractor or a Subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
35.
36.
INSPECTIONS. The contractor shall be responsible for securing at
his/her expense, all required inspections to comply with Federal, State, and
or local regulations governing the work performed under this Invitation.
CNM will inspect all work done under this invitation to verify compliance
with specifications contained herein. The contractor shall call for all
required inspections and have a representative present at all inspections.
INSURANCE REQUIREMENTS. The contractor is required to carry
insurance meeting the requirements in the Exhibit labeled "INSURANCE
REQUIREMENTS" or as noted in the specifications. Contractor must
submit the Certificate of Insurance to the appropriate Buyer prior to
commencing work under the resultant price agreement. Insurance must
remain in effect for the entire term of the resultant price agreement and
must be extended to coincide with any future price agreement extension.
This Request for Bids Number must appear on the Certificate of Insurance.
Note: A potential contractor or the Contractor agrees to comply with
state laws and rules pertaining to workers’ compensation insurance
coverage for its employees. If a contractor fails to comply with the
Workers’ Compensation Act and applicable rules when required to do
so, the contract may be canceled immediately.
37.
INVITATION IS ENTIRE AGREEMENT. This Invitation constitutes
the entire agreement between the parties with respect to its subject and
shall not be modified, altered nor amended in any way except as provided
for in this Invitation.
38.
INVITATION TERMS PART OF CONTRACT. This Invitation 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.
39.
LATE SUBMISSIONS. Late submissions of bids will not be
considered unless it is determined by CNM that the late receipt was due
solely to mishandling by CNM or if the bid is the only one received. All
other late submissions will be returned unopened.
40.
LICENSES/PERMITS/EASEMENTS.
The contractor shall be
responsible for obtaining, at his/her expense, all easements, right-of-ways,
accesses, licenses, permits, and utility locations required to perform the
work under this Invitation.
41.
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.
42.
MODIFICATIONS. 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.
43.
NEW MATERIALS REQUIRED. All materials and equipment
delivered and or installed under this Invitation shall be new and be the
standard products of a manufacturer regularly engaged in the production of
the materials and equipment (unless otherwise specified in the
supplementary bid terms and conditions). Where two or more units of the
same class of materials and or equipment are required, the units shall be
the products of the same manufacturer. Any manufacturer's data supplied
with the items shall be submitted to CNM's authorized representative.
44.
NON-PERFORMANCE PENALTIES. The contractor agrees to pay
CNM $1,500.00 per day per individual project for each calendar day past
the completion date specified in the resultant purchase order that
completion or delivery is delayed. CNM may subtract this amount from
any monies due to the contractor.
45.
NUMBER FOR BID CLARIFICATION. The Bidder should include
a local or toll-free number for bid clarifications. Failure to do so may
result in the bid being declared non-responsive.
46.
OPTION TO RENEW. CNM reserves the option to renew the resultant
agreement, contingent upon fiscal funding and contractor performance as
provided for within Section 13-1-150 NMSA 1978, if such renewal is
found to be in the best interests of CNM. Renewal options will be
The insurance required shall be written for not less than limits of liability
specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption from date of
commencement of the Work until date of final payment and termination of
any coverage required to be maintained after final payment.
General Requirements: Contractor shall not commence nor continue to
perform any Work unless he, at his own expense, has in full force and
effect all insurance required by the Contract Documents. The Contractor
shall not permit any Sub contractor to perform Work on the Project unless
the Worker's Compensation Insurance requirement have been complied
with by such Subcontractor. The types of insurance the Contractor shall
obtain and maintain are set forth herein.
Worker's Compensation Insurance and Liability Insurance shall be
maintained in full force and effect for the full warranty period provided for
in the Contract Documents.
Insurers must be authorized to do business (and have an agent for service
of process) in New Mexico and either (1) have an "A" policyholder's rating
and a financial rating of at least Class XI in accordance with the most
current Best's Rating; or (2) be acceptable to Owner as evidenced by
Owner's written approval of such Insurer. If by the terms of any insurance
to be provided herein, any mandatory deductibles are required, or if
Contractor should so elect, with the written concurrence of Owner, to
increase the mandatory deductible amounts or purchase insurance
with voluntary deductible amounts, the Contractor shall be responsible
(without entitlement to any reimbursement from Owner) for payment of the
amount of the deductible in the event of a paid claim.
Certificates of insurance (and endorsements) must be on forms acceptable
to Owner delivered to Owner prior to commencement of the Work. The
Contractor shall furnish a Certificate of Insurance under either AIA
Document G705 or ACORD 25 S (11/85) Form. The Certificate shall
include a 30 day cancellation clause. The Certificate must include the
provision the insurance company will mail 30 day written notice to Owner.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
exercised in increments of one-year terms unless otherwise agreed to by
both parties.
47.
OWNERSHIP OF MATERIAL. During the term of the resultant
agreement, ownership of all data, material, and documentation originated
and prepared by the contractor for CNM shall belong exclusively to CNM.
48.
PACKAGING. Packaging of materials shall be suitable to insure that the
materials are received in an undamaged condition. All material returns
will be at the contractor's expense.
49.
PAYMENTS AND COMPLETION.
49.1 CONTRACT SUM. The Contract Sum is stated in the Agreement
and, including authorized adjustments, is the total amount payable by
CNM to the Contractor for performance of the Work under the
Contract Documents.
49.2 SCHEDULE OF VALUES. Before the first Application for Payment,
the Contractor shall submit to CNM a schedule of values allocated to
various portions of the Work, prepared in such form and supported
by such data to substantiate its accuracy as CNM may require. This
schedule shall be used as a basis for reviewing the Contractor's
Applications for Payment.
49.3.2.1
49.4 PROGRESS PAYMENTS. After CNM has issued a Certificate for
Payment, CNM shall make payment in the manner and within the
time provided in the Contract Documents.
The schedule provided by Contractor under Subparagraph 65. shall
not be effective unless also submitted to CNM and not objected to
within a reasonable time.
49.4.1
49.3 CERTIFICATES FOR PAYMENT. CNM will, within Seven days
after receipt of the Contractor's Application for Payment, either
issue a Certificate for Payment, with a copy to the Contractor, for
such amount as CNM determines is properly due, or notify the
Contractor in writing of CNM's reasons for withholding
certification in whole or in part provided in Section 49.3.2.
49.3.1
49.3.2
The issuance of a Certificate for Payment will constitute a
representation by CNM based on CNM's evaluation of the
Work and the data comprising the Application for Payment,
that the Work has progressed to the point indicated and that,
to the best of CNM's knowledge, information and belief, the
quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor
deviations from the Contract Documents prior to completion
and to specific qualifications expressed by CNM. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in
the amount certified. However, the issuance of a Certificate
for Payment will not be a representation that CNM has (1)
made exhaustive or continuous onsite inspections to check
the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by CNM to substantiate the Contractor's right to
payment, or (4) made examination to ascertain how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
The Contractor shall promptly pay each Subcontractor, upon
receipt of payment from CNM, out of the amount paid to the
Contractor on account of such Subcontractor's portion of the
Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the
Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with
each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in a similar manner.
49.5 FAILURE OF PAYMENT. If CNM does not issue a Certificate for
Payment, through no fault of the Contractor, within the time
allowed by law and provided in the Contract Documents after
receipt of the Contractor’s Application for Payment, or if CNM
does not pay the Contractor within seven (7) days after the date
established in the Contract Documents the amount certified by
CNM or awarded by a final judgment of a court of competent
jurisdiction, then the Contractor may, upon seven (7) additional
days written notice to CNM, stop the Work until payment for the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be increased by
the amount of the Contractor’s reasonable cost of shutdown, delay
and start up.
49.6 SUBSTANTIAL COMPLETION. The date of Substantial
Completion of the work or designated portion thereof shall be
determined by CNM's Representatives signing the AIA Document
#G704 Certificate of Substantial Completion or agreed to
document. This date shall commence on or before a date to be
specified in a written "Notice to Proceed" of CNM; and the
construction is to be sufficiently complete, in accordance with the
Contract Documents, so CNM can occupy or utilize the area or
designated portion thereof for the use for which it is intended. For
new construction, the Certificate of Substantial Completion shall
not issue before the final Certificate of Occupancy is issued by the
appropriate code authority.
DECISIONS TO WITHHOLD CERTIFICATION. CNM may
withhold a Certificate for Payment in whole or in part, if in
CNM's opinion the representations required by Section
49.3.1 cannot be made. If CNM is unable to certify payment
in the amount of the Application, CNM will notify the
Contractor as provided in Section 49.3. If the Contractor and
CNM cannot agree on a revised amount, CNM will promptly
issue a Certificate for Payment for the amount for which
CNM is able to make. CNM may also withhold a Certificate
for Payment or, because of subsequently discovered
evidence, may nullify the whole or a part of a Certificate for
Payment previously issued, to such extent as may be
necessary in CNM's opinion to protect CNM from loss for
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
which the Contractor is responsible, including loss resulting
from acts and omissions, because of:
a) defective Work not remedied;
b) third party claims filed or reasonable evidence
indicating probable filing of such claims unless
security acceptable to CNM is provided by the
Contractor;
c) failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
d) reasonable evidence that the Work cannot be completed
for the unpaid balance of the Contract Sum;
e) damage to CNM or another contractor;
f)
reasonable evidence that the Work will not be
completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual
or liquidated damages for the anticipated delay; or
g) persistent failure to carry out the Work in accordance
with the Contract Documents.
When the above reasons for withholding certification are
removed or satisfied, certification will be made for amounts
previously withheld.
49.6.1
When the Contractor considers that the Work, or a
portion thereof which CNM agrees to accept separately,
is substantially complete, the Contractor shall prepare
and submit to CNM a comprehensive list of items to be
completed or corrected prior to final payment. Failure
to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in
accordance with the Contract Documents.
49.6.2
Upon receipt of the Contractor's list, CNM will make
an inspection to determine whether the Work or
unless these potential additional costs have been identified in the original
offer.
designated portion thereof is substantially complete. If
CNM's inspection discloses any item, whether or not
included on the Contractor's list, which is not
sufficiently complete in accordance with the Contract
Documents so that CNM can occupy or utilize the
Work or designated portion thereof for its intended use,
the Contractor shall, before issuance of the Certificate
of Substantial Completion, complete or correct such
item upon notification by CNM. In such case, the
Contractor shall then submit a request for another
inspection by CNM to determine Substantial
Completion.
49.6.3
55.
55.2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall be
responsible for taking reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to:
55.2.1
employees on the Work and other persons who may be affected
thereby;
55.2.2
the Work and materials and equipment to be incorporated
therein, whether in storage on or off the site, under care,
custody or control of the Contractor or the Contractor's
Subcontractors or Subsubcontractors; and
55.2.3
other property at the site or adjacent thereto, such as trees,
shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement
in the course of construction and the Contractor shall be
responsible for paying for the repair or replacement of any such
lost, or stolen, or damaged Work, materials, equipment or
property.
When the Work or designated portion thereof is
substantially complete, CNM will prepare a Certificate
of Substantial Completion which shall establish the
date of Substantial Completion, shall establish
responsibilities of CNM and Contractor for security,
maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the
Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by
the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the
Certificate of Substantial Completion.
55.3 The Work and materials and equipment to be incorporated therein,
stored on site, under care, custody or control of the Contractor or
Contractor's Subcontractors or Sub subcontractors; and
49.7 FINAL COMPLETION AND FINAL PAYMENT. Upon receipt of
written notice that the Work is ready for final inspection and
acceptance and upon receipt of a final Application for Payment,
CNM will promptly make such inspection and, when CNM finds
the Work acceptable under the Contract Documents and the
Contract fully performed, CNM will promptly issue a final
Certificate for Payment stating that to the best of CNM's
knowledge, information and belief, and on the basis of CNM's onsite visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents
and that the entire balance found to be due the Contractor and
noted in the final Certificate is due and payable.
50.
51.
52.
53.
54.
55.4 The Contractor shall give notices and comply with applicable laws,
ordinances, rules, regulations and lawful orders of public authorities
bearing on safety of persons or property or their protection from
damage, injury or loss.
55.5 The Contractor shall erect and maintain, as required by existing
conditions and performance of the Contract, reasonable safeguards
for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and
notifying owners and users of adjacent sites and utilities.
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 lowest responsible bidder.
55.6 When use or storage of explosives or other hazardous materials or
equipment or unusual methods are necessary for execution of the
Work, the Contractor shall exercise utmost care and carry on such
activities under supervision of properly qualified personnel.
PERFORMANCE AND PAYMENT BONDS. A performance bond
and a payment bond, covering materials and labor, each in the amount of
100% of the resultant price agreement cost is required. The bond must be
executed by the bidder with a surety company authorized to do business in
New Mexico or other suitable sureties approved by the State Board of
Finance. The performance and payment bonds must be received by the
buyer issuing the award prior to the commencement of work, or within 14
days of the award, whichever is soonest, and must reference this Request
for Bids Number on the face of the documents.
55.7 The Contractor shall promptly remedy damage and loss (other than
damage or loss insured under property insurance required by the
Contract Documents) to property referred to in Section 55.3
caused in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, or anyone directly or indirectly employed by
any of them, or by anyone for whose acts they may be liable and
for which the Contractor is responsible under Section 55.3, except
damage or loss attributable to acts or omissions of CNM or anyone
directly or indirectly employed by them, or by anyone for whose
acts may be liable, and not attributable to the fault or negligence of
the Contractor.
PERIOD FOR BID ACCEPTANCE. The Bidder agrees, if his/her
bid is accepted within 90 calendar days of the closing date, to furnish
the goods and services at the prices set forth in his/her bid, delivered to
the designated point(s) within the specified time in the delivery
schedule. Failure to comply may result in removal from the bidlist. An
additional time period may be requested elsewhere in this Invitation.
55.8 The Contractor shall designate a responsible member of the
Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in
writing to CNM.
POTENTIAL COSTS UNSPECIFIED. The contractor shall include in
his/her bid all material and labor costs known to be required to complete
the work under this Invitation including any materials, labor or other costs
that are not specifically identified in the specifications. Any unspecified
costs should be identified and included as a separate item in the price bid.
55.9 The Contractor shall not load or permit any part of the
construction or site to be loaded so as to endanger its safety.
55.10
HAZARDOUS MATERIALS. If reasonable precautions will
be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not
limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the site by the Contractor, the Contractor shall,
upon recognizing the condition, immediately stop Work in the
affected area and report the condition to CNM in writing.
POTENTIAL COSTS-UNSPECIFIED, RENTAL. The contractor shall
include as a separate item any unspecified additional cost which may be
incurred by CNM as a result of a rental under this Invitation. This may
include but should not be limited to responsibility for damages to
equipment, excessive wear charges, insurance, etc. Please note that no
additional costs will be paid by CNM on rentals under this Invitation
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
PROTECTION OF PERSONS AND PROPERTY.
55.1 SAFETY PRECAUTIONS AND PROGRAMS. The Contractor
shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance
of the Contract.
55.10.1
55.10.2
bidder (i.e., prove that his/her 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 invitation for bids). Bidder
shall provide audited financial statements if requested by CNM.
CNM shall obtain the services of a licensed laboratory to
verify the presence or absence of the material or substance
reported by the Contractor and, in the event such material or
substance is found to be present, to verify that it has been
rendered harmless. Unless otherwise required by the Contract
Documents, CNM shall furnish in writing to the Contractor
the names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such
material or substance or who are to perform the task of
removal or safe containment of such material or substance.
The Contractor will promptly reply to CNM in writing
stating whether or not either has reasonable objection to the
persons or entities proposed. If the Contractor has an
objection to a person or entity proposed by CNM, CNM shall
propose another to whom the Contractor has no reasonable
objection. When the Material or substance has been rendered
harmless, Work in the affected area shall resume upon
written agreement of CNM and Contractor. The Contract
Time shall be extended appropriately and the Contract Sum
shall be increased in the amount of the Contractor’s
reasonable additional costs of shut-down, delay and start-up,
which adjustments shall be accomplished as provided in
SECTION G.
EMERGENCIES. In an emergency affecting safety of
persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury
or loss. Additional compensation or extension of time
claimed by the Contractor on account of an emergency shall
be determined as provided in SECTION G.
56.
PUBLIC INFORMATION. All information, except that marked as
confidential, will become public information at the time that the Bid is
opened. 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.
57.
PUBLIC WORKS BONDS. Performance bonds must meet the
requirements of 13-4-18 NMSA, 1978.
58.
REFERENCES REQUIRED. Bidder may be asked to furnish the
minimum number of references requested herein. Failure to submit the
information may result in your bid being considered non-responsive.
Bidder, 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 bid response.
59.
RELEASES. Upon final payment of the amount due under the terms of
the resultant agreement, the Contractor shall release CNM, its officers and
employees from all liabilities, claims and obligations arising from or under
the terms of the resultant agreement. The Contractor agrees not to purport
to bind CNM to any obligation not assumed herein by CNM unless CNM
has expressly authorized the Contractor to do so and then only within the
strict limits of that authority.
60.
REPLACEMENT PARTS. The quality of all replacement parts shall be
equal or greater than the quality of the original parts being replaced. All
replacement parts shall be new unless otherwise agreed to in writing.
61.
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 Bids.
62.
RESIDENTIAL PREFERENCE. In evaluating bids for purchases
over $20,000 using State funds, residential preference of 5% will be
used in compliance with Sections 13-1-21 of the New Mexico Statutes
1978 Annotated, Chapter 13. Federal law prohibits the use of
residential preference when the expenditure involves Federal funds.
63.
RESPONSIBLE BIDDER. CNM reserves the right to conduct any
investigations deemed necessary to determine the responsibility of a
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
64.
RESPONSIVENESS OF BIDS.
Bidders are hereby expressly
instructed that all bids in response to this solicitation shall meet all
specifications and requirements of this solicitation.
65.
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 13, 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.
66.
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.
67.
SIGNATURE.
The response must be signed by an authorized
representative in order for bid to be considered responsive. Compete and
return the form labeled “Signature of Firm’s Authorized Representative”
with bid response.
68.
SITE FAMILIARITY.
The contractor shall be responsible for
thoroughly inspecting the site and work to be done prior to submitting a
bid. 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 Invitation
will not constitute grounds for any claim, demand for adjustment or the
withdrawal of a bid after the opening.
69.
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.
70.
STATE AND LOCAL ORDINANCES. The contractor 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
contractor. Where the drawings and or specifications indicate materials or
construction in excess of the code requirements, the drawings and or
specifications shall govern. The contractor 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.
71.
STATUS OF CONTRACTOR. The Contractor 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 contractor acknowledges that all sums received
under the resultant agreement are personally reportable by him/her/her for
income, self-employment and other applicable taxes.
72.
SUBCONTRACTORS. Any work subcontracted by the contractor shall
require the prior written approval of the subcontractor by CNM.
72.1 DEFINITIONS. A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor.
The term "Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor.
72.2 A Sub-subcontractor is a person or entity who has a direct or indirect
contract with a Subcontractor to perform a portion of the Work at the
site. The term "Sub-subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subsubcontractor or an authorized representative of the Subsubcontractor.
72.3 AWARD OF SUBCONTRACTORS. All awards of subcontracts
shall be in accordance with the New Mexico Subcontractors Fair
Practices Act as applicable.
73.
74.
75.
76.
77.
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.
TELEGRAPHIC/FACSIMILE BIDS. Telegraphic/Facsimile bids
will not be considered.
However, bids may be modified by
telegraphic/facsimile notice, provided that the notice is received by the
time and date specified for the closing.
79.
TERMINATION. Termination for cause. If the contractor, for any
cause, fails or omits to carry out the work in an acceptable manner,
CNM may give notice in writing of such failure or omission and of a
reasonable time within which to cure the deficiency. Contractor shall be
required to take corrective measures within such time. Contractor's
failure to comply with such notice and to cure the deficiency as
provided in the notice shall subject the Agreement to immediate
termination by CNM. In the event of a for-cause termination, CNM
shall terminate the Agreement by delivering to the Contractor a written
notice of termination. The effective date of termination shall be the
date stated in the notice or, if no date is stated, then the date of delivery
of the notice. Upon delivery of such notice, Contractor shall have the
right to receive payment for services performed prior to termination
date, including reimbursement then due.
Termination for convenience of CNM. On fifteen (15) business days
written notice to Contractor, CNM may terminate the Agreement in
whole or in part for its own convenience in the absence of any default
by Contractor. In the event of a no-cause termination, CNM shall
terminate the Agreement by delivering to Contractor notice of
termination without cause specifying the extent to which performance of
work under the Agreement is terminated and the date upon which such
termination becomes effective. The effective date of termination shall
be the date stated in the notice or, if no date is stated, then the fifteenth
(15) business day after delivery of the notice. Within ten (10) calendar
days of the effective date of termination, Contractor shall deliver to
CNM all documents and any other materials developed under the
Agreement. Upon delivery of such notice, the Contractor shall have the
right to receive payment for services performed to termination date,
including reimbursement then due.
80. TESTS AND INSPECTIONS. Tests, inspections and approvals of
portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise
provided, the Contractor shall make arrangements for such tests,
inspections and approvals with an independent testing laboratory or
entity acceptable to CNM, or with the appropriate public authority, and
shall bear all related costs of tests, inspections and approvals. The
Contractor shall give CNM timely notice of when and where tests and
inspections are to be made so that CNM may be present for such
procedures.
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.
80.1 The Contractor shall notify CNM 48 hours in advance before
covering up any concealed work, or conducting any tests by any trade
on the Work.
80.2 Tests and inspections not explicitly assigned to CNM are
Contractor’s responsibility. Unless otherwise indicated, Contractor
shall provide quality-control services specified and those required by
authorities having jurisdiction, whether specified or not.
SUCCESSORS AND ASSIGNS. CNM and Contractor respectively bind
themselves, their partners, successors, assigns and legal representatives to
the other party hereto and to partners, successors, assigns and legal
representatives of such other party in respect to covenants, agreements and
obligations contained in the Contract Documents. Neither party to the
Contract shall assign the Contract as a whole without written consent of
the other. If either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible for all
obligations under the Contract.
80.3 If such procedures for testing, inspection or approval under
Sections 80 reveal failure of the portions of the Work to comply with
requirements established by the Contract Documents, all costs made
necessary by such failure including those of repeated procedures shall
be at the Contractor's expense.
80.4 Required certificates of testing, inspection or approval shall,
unless otherwise required by the Contract Documents, be secured by the
Contractor and promptly delivered to CNM.
TAXES. CNM is exempt from Federal Excise Taxes and from New
Mexico Sales Taxes on Materials, except construction materials used by
a contractor. Services are not exempt. Taxes on services should be
included as a separate line item and not included in your base price bid.
Applicable taxes are excluded from the evaluation of the bid.
81. TIME. Unless otherwise provided, Contract Time is the period of time,
including authorized adjustments, allotted in the Contract Documents
for Substantial Completion of the Work. Time limits stated in the
Contract Documents are of the essence of the Contract. By executing the
Agreement the Contractor confirms that the Contract Time is a
reasonable period for performing the Work.
TECHNICALITIES. CNM reserves the right to waive any technical
irregularities in the form of the bid of the low bidder which do not alter
price, quality or quantity of the services, construction or items of tangible
personal property bid.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
78.
81.1 The date of commencement of the Work is the date established in
the Agreement. The date shall not be postponed by the failure to act of
the Contractor or persons or entities for whom the Contractor is
responsible.
81.2 The date of Substantial Completion is the date certified by CNM
in accordance with Section 49.6.
81.3 The term "day" as used in the Contract Documents shall mean
calendar day unless otherwise specifically defined.
81.4 Work required to be performed after regular working hours shall
be done without additional cost to CNM. The Contractor shall include
the cost of all overtime work necessary to complete the Contract in his
original Bid. After substantial completion, the Contractor and his
Subcontractors shall employ all of the measures prescribed for
safeguarding the continuous and satisfactory operation of the building,
as interruption of such service will be considered a breach of contract.
82. WAGE RATES. Jobs with an estimated cost greater than $60,000 done
under this Invitation will be subject to the Public Works Minimum Wage
ACT (13-4-11 through 14-4-17, NMSA 1978) and per exhibit labeled
"MINIMUM WAGE RATES". Minimum wages will be supplied at time
of award or may be obtained from the Labor and Industrial Commission,
1596 Pacheco Street, Santa Fe, NM 87501.
83. WARRANTY. Bidder warrants the materials, supplies or services
furnished to be exactly as specified in the order, free from defects in
bidder's design, labor, materials and manufacture, and to be in compliance
with any drawings or specifications incorporated herein and with any
samples furnished by bidder. All applicable UCC warranties, express and
implied, are incorporated herein.
84. WITHDRAWAL OF BIDS. Bids may be withdrawn by written
notice, telegram or in person by a bidder or an authorized representative
any time prior to the award. Bids requiring bid security may result in
forfeiture of the security if the bid is withdrawn following the opening.
85. WORKMANSHIP/COOPERATION. All work shall be done in a neat,
workman-like manner using acceptable equipment and methods. The
contractor will cooperate with CNM and other contractors and coordinate
his/her work involving other contractors through CNM's authorized
representative.
9
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Central New Mexico Community College
GENERAL TERMS AND CONDITIONS
SECTION B.
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.
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.
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.
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.
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.
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.
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.
.
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.
5. Changes. CNM’s Purchasing department 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 prior written
approval of CNM.’s Purchasing department. 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.
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.
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.
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 " 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
52.225-1
* Contract Work Hours and Safety Standards Act-Overtime Comp.
52.222-4
* Equal Employment Opportunity
52.222-26
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)
7. Equal Employment Opportunity. Contractor 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.
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 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
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
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.
SECTION C: SCOPE OF WORK FOR BID #T-2752
INTRODUCTION:
CNM is the largest community college in the State of New Mexico providing year around instruction. CNM has an
enrollment of approximately 25,000 students in both the fall and spring semesters with approximately 14,000 students
enrolled in the summer term. CNM serves its students at the following campuses: Main Campus is comprised of 78 acres
of land located at 525 Buena Vista SE. The Joseph M. Montoya Campus (JMMC) is situated on 40 acres of land along
the Bear Canon Arroyo on 4700 Morris NE. The South Valley Campus is located in Albuquerque’s South Valley on
5816 Isleta Blvd. SW. The Westside Campus is located at 10549 Universe Blvd NW. The Workforce Training Center
(WTC) is located at 5600 Eagle Rock Road, NE. There are twenty one major and many smaller buildings of various sizes
totaling over 946,000 gross square feet. Building construction ranges from 1926 to present. There are potential future
sites for CNM buildings in Rio Rancho and on the South Mesa.
Central New Mexico Community College (CNM) Purchasing Department is soliciting bids for On Demand Structured
Data Communications Cabling Services including all labor, materials, and equipment necessary to support CNM’s ITS
Department in compliance with requirements noted below, on an as needed basis, at any of the CNM campuses.
CNM will select three (3) to six (6) low bid technically qualified contractors by using the bid responses submitted for one
(1) project: Structured Data Communications Cabling in support of its Wireless Network Overlay deployment project.
This project consists of up to 327 access point locations within twenty (20) buildings located on four (4) campuses –
Main, Montoya, Westside and Workforce Training Center located in Albuquerque NM. This RFB also includes the
mounting of up to 327 pre-configured access points that will be provided by CNM.
A one-year price agreement (PA) will be awarded to each of the selected qualified contractors with the option to
renew in one-year increments per NMSA 13-1-150 contingent upon funding and Contractor performance and if is
determined to be in the best interest of CNM. Assuming renewal, CNM will request updated wage rates.
No single project issued under the resulting Price Agreements shall exceed $200,000.00. Projects exceeding this figure
normally encompass new buildings or major remodeling projects and are bid separately. Such projects will not typically
be a part of this contract. Contractor should note, CNM expends considerable effort to maintain functionality and perform
minor renovations at their facilities. As such, CNM reserves the right to bid any project that is in the best interest of
CNM.
Prior to issuance of any Purchase Order (PO), CNM will meet with the Contractors to review the scope of work per
individual project and to establish a reasonable price. Factors to be considered in this review shall include but not be
limited to the nature and urgency of the Work, coordination with CNM’s needs, coordination with other construction
contracts in the area, impact of previously issued PO’s, and lead time for delivery of materials. Technical questions
regarding individual projects are to be directed to CNM’s Project Manager specific to that individual project.
Each time a new project is to be undertaken CNM Purchasing Department will request quotations from each of the
awarded PA Contractors. The price quotes are to be submitted to the Purchasing Department on the date and time
specified, and the lowest priced contractor will be authorized to perform construction services for that specific project.
Late quotations received after the due date and time may not be considered for award.
CNM will issue an individual PO under the Contract Documents for on-call Structured Data Communications Cabling
work as needs arise. CNM’s PO will authorize the work per the agreed upon Scope of Work, lump sum amount,
implementation time and completion date. Scope of Work could include, but not limited to, a broad range of services as
defined in the “Common Project Requirements” Section. Work may be in any location within the City of Albuquerque,
Bernalillo County and/or future CNM campuses locations.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
COMMON PROJECT REQUIREMENTS:
Objective:
CNM will request quotations from the selected qualified communications cabling contractors for the installation, testing, and
acceptance of the structured data communications cabling components described in the attached specifications and drawings by
interested persons (hereinafter known as “The Contractor”). Prices quoted shall be all-inclusive and represent complete
installation at the sites identified in the project drawings per the below specifications. The Contractor shall be responsible for all
parts, labor, and all other associated apparatus necessary to completely install, test, and turnover for acceptance to CNM the
structured data communications cabling detailed herein.
CNM has recently established a comprehensive Communications Infrastructure Standards Manual (CISM) that provides
specifications and installation guidelines for all aspects of a cabling project that are not otherwise specified in the project
Statement Of Work or construction documents. All Contractors performing communications related installations shall be
expected to adhere to CNM’s CISM. CISM sections listed within this Statement Of Work are intended to assist the Contractor
in locating applicable installation information within the CISM and are not intended to limit the Contractor’s responsibility of
adhering to the CISM in its entirety
Schedule of Events:
The following is the anticipated schedule of events for each project. The schedule may change depending on the results of the
responses and a final schedule will be established prior to contracting with the successful Contractor.
Milestone Events
1. Release of RFQ to Bidders
2. Bidders’ Conference
3. Site Survey
4. Response from Bidders
5. Evaluation of Responses
6. Project Award
7. Written Notice to Proceed
8.
9.
10.
11.
12.
13.
Installation Start
Installation Complete
End-to-End Testing
Review of Testing
Final Punch List
Acceptance by CNM
Mandatory Bidders’ Conference:
A Bidders’ Conference will be announced for each project and held at 525 Buena Vista SE, Albuquerque, NM,
87106 for the purpose of reviewing the specific project requirements and receiving questions from The
Contractors that intend to respond to the RFQ. Attendance at this conference is mandatory. If The Contractor
does not attend the Bidders’ Conference, then The Contractor will not be allowed to attend the Site Survey or
respond to the RFQ. Drawings reflecting the proposed work will be provided to the companies attending. Only
one set of drawings will be allocated per company. Because of space allocations, only two representatives from
each Contractor will be allowed to attend. The Contractors will be required to sign in to verify attendance.
Subcontractors will not be allowed to represent The Contractor. An employee of The Contractor firm planning to
respond must attend. The second person can be a subcontractor.
Site Survey:
A Site Survey will be conducted on the same day as the Bidders’ Conference. Attendance at the Site Survey is
mandatory. If a Contractor does not attend the Site Survey, then that Contractor will not be allowed to respond
to the RFQ.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Subcontractors:
Should The Contractor use subcontractors for portions of the work, CNM reserves the right to reject any
subcontractor without explanation or recourse by The Contractor or subcontractor.
Warranty:
Warranty on Structured Data Communications Cabling Projects shall be based on a Permanent Link installation
for the following conditions:
• Minor expansion and or modification of existing cable installations for which CNM does not have a
Channel Link warranty in place.
Warranty on Structured Data Communications Cabling Projects shall be based on a Channel Link installation for
the following conditions:
• New construction
• Extensive building re-cable projects
• Expansion and or modification of existing cable installations for which CNM has a Channel Link
warranty in place.
Materials and workmanship hereinafter specified and furnished shall be fully guaranteed by The Contractor for a
minimum of twenty-five (25) years from transfer of title against any defects. Defects which may occur as the
result of faulty materials or workmanship within the warranty period after installation and acceptance by CNM
shall be corrected by The Contractor at no additional cost to CNM. The Contractor shall promptly, at no cost to
CNM, correct or re-perform (including modifications or additions as necessary) any nonconforming or defective
work within the warranty period after completion of the project of which the work is a part. The period of The
Contractor’s warranty(ies) for any items herein are not exclusive remedies, and CNM has recourse to any
warranties of additional scope given by The Contractor to CNM and all other remedies available at law or in
equity. The Contractor’s warranties shall commence with acceptance of/or payment for the work in full.
If The Contractor procures equipment or materials under the Contract, The Contractor shall obtain for the benefit
of CNM equipment and materials warranties against defects in materials and workmanship to the extent such
warranties are reasonably obtainable.
The Contractor shall pass along to CNM any additional warranties offered by the manufacturers, at no additional
costs to CNM, should said warranties extend beyond the twenty-five (25) year period specified herein.
This warranty shall in no manner cover equipment that has been damaged or rendered unserviceable due to
negligence, misuse, acts of vandalism, or tampering by CNM or anyone other than employees or agents of The
Contractor. The Contractor’s obligation under its warranty is limited to the cost of repair of the warranted item
or replacement thereof, at The Contractor’s option. Insurance covering said equipment from damage or loss is to
be borne by The Contractor until full acceptance of equipment and services.
Inspection, Acceptance, and Title:
Inspection and Acceptance will be at destination and upon successful installation unless otherwise provided.
Title to/or risk of loss or damage to all items shall be the responsibility of the successful Contractor until
acceptance by CNM, unless loss or damage results from negligence by CNM. If the materials or services
supplied to CNM are found to be defective or do not conform to the specifications, CNM reserves the right to
cancel the contract upon written notice to The Contractor and return products at The Contractor’s expense, based
upon the terms of the Contract.
CNM shall at all times have access to the work wherever it is in preparation or progress, and The Contractor
shall provide proper facilities for such access and for inspection.
The Contractor shall not close up any work until CNM has inspected the work. Should The Contractor close up
the work prior to inspection by CNM, The Contractor shall uncover the work for inspection by CNM at no cost
to CNM, and then recover the work according to the specification contained herein.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
The Contractor shall notify CNM in writing when the work is ready for inspection. CNM will inspect the work
as expeditiously as possible after receipt of notification from The Contractor.
Price Quotations:
Price quotations are to include the furnishing of all materials, equipment, maintenance and training manuals,
tools, and the provision of all labor and services necessary or proper for the completion of the work, except as
may be otherwise expressly provided in the Contract Documents. CNM will not be liable for any costs beyond
those proposed herein and awarded. Time and materials quotes will be unacceptable. The Contractor shall
include all applicable sales, consumer, use, and other similar taxes in the price quotations. For the purposes of
budgeting future projects, each bidder is requested to quote pricing per installed cable, and for off-hours work.
In case of discrepancy in computed quoted prices, the lowest combined value of individual unit prices shall
prevail.
Variation in Quantities and Configurations:
Equipment and capacity requirements are the best estimates currently available. CNM reserves the right to
modify quantity and configuration requirements. The Contractor agrees to sell CNM the revised quantity of
items at the unit price as stated in the RFB regardless of quantity changes.
Project Manager:
The Contractor will provide an on-site, full-time, Project Manager who will act as a single point of contact for
all activities for each Cabling project. The Project Manager will be required to make on-site decisions regarding
the scope of the work and any changes required by the work. The Project Manager must be on the job at any
time work is being performed or workers are present. The Project Manager will be totally responsible for all
aspects of the work and shall have the authority to make immediate decisions regarding implementation or
changes to the work.
Construction Manager:
CNM shall provide a Construction Manager who shall act as a single point of contact for all activities regarding
this project. The Construction Manager will be responsible for all decisions required of CNM and shall
coordinate with all departments during installation activities. The Construction Manager shall coordinate any
inspections between The Contractor and CNM.
The Contractor Qualifications:
Experience
The selected Contractor shall be fully capable and experienced in the information transport
system (ITS) specified. To ensure the system has continued support, CNM will contract only
with Contractors having a successful history of sales, installation, service, and support. During
the evaluation process, CNM may, with full cooperation of The Contractors, visit The
Contractors’ places of business, observe operations, and inspect records. The Contractor must
have a minimum of five (5) years of experience. The Contractor must have an RCDD®
(Registered Communications Distribution Designer) on staff that will be ultimately responsible
for this project. The RCDD must have sufficient experience in this type project as to be able to
lend adequate technical support to the field forces during installation, during the warranty
period, and during any extended warranty periods or maintenance contracts. A resume of the
responsible RCDD must be attached to The Contractor’s response for evaluation by CNM.
Should the RCDD assigned to this project change during the installation, the new RCDD
assigned must also submit a resume for review by CNM.
If, in the opinion of CNM, the RCDD does not possess adequate qualifications to support the
project, CNM reserves the right to require The Contractor to assign an RCDD who, in CNM’s
opinion, possesses the necessary skills and experience required of this project. The Contractor
must also have BICSI Registered Installers and Technicians on staff and assign them to this
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
project. The project shall be staffed at all times by Installers and Technicians who, in the role of
lead crafts-persons, will be able to provide leadership and technical resources for the remaining
crafts-persons on the project. A minimum of 30 percent of personnel shall be BICSI Registered
Information Transport Systems Installers. Of that number 15 percent shall be registered at the
Technician Level, at least 40 percent shall be registered at the Installer Level 2, and the balance
shall be registered at the Installer Level 1. A copy of their registrations should be submitted in
The Contractor’s response to this RFQ. Failure to submit BISCI registration information may
make the offer non-responsive.
References
CNM may, with full cooperation of The Contractors, visit client installations to observe
equipment operations and consult with references. Specified visits and discussion shall be
arranged through The Contractors; however, The Contractor personnel shall not be present
during discussions with references. The Contractor must provide a minimum of three (3)
reference accounts at which similar work, both in scope and design, have been completed by
The Contractor within the last two (2) years.
Compliance with Laws and Regulations:
The Contractor performance of the work shall comply with applicable federal, state, and local laws, rules, and
regulations. The Contractor shall give required notices, shall procure necessary governmental licenses and
inspections, and shall pay without burden to CNM, all fees and charges in connection therewith unless
specifically provided otherwise. In the event of violation, The Contractor shall pay all fines and penalties,
including attorney’s fees, and other defense costs and expenses in connection therewith.
Codes, Standards, and Ordinances
All work shall conform to the latest edition of the National Electrical Code®, the Building
Code, and all local codes and ordinances, as applicable. ANSI/TIA/EIA-568-B.1 through
ANSI/TIA/EIA-568-B.3, TIA-569-B, TIA/EIA-606-A, ANSI-J-STD-607-A, NECS/BICSI-5682006 and shall be adhered to during all installation activities. Methodologies outlined in the
latest edition of the BICSI Telecommunications Distribution Methods Manual shall also be used
during all installation activities. Should conflicts exist with the foregoing, the authority having
jurisdiction for enforcement will have responsibility for making interpretation.
Safety:
The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods
employed in performing the work. The Contractor shall at all times comply with the regulations set forth by
federal, state, and local laws, rules, and regulations concerning “OSHA” and all applicable state labor laws,
regulations, and standards. The Contractor shall indemnify and hold harmless CNM from and against all
liabilities, suits, damages, costs, and expenses (including attorney’s fees and court costs) which may be imposed
on CNM because of The Contractor, subcontractor, or supplier’s failure to comply with the regulations stated
herein.
Special Conditions:
CNM is an administrative and instructional facility that provides services to the customers of CNM. As such,
activities in all buildings are critical to the provisioning of services to the customers and shall not be interrupted
by The Contractor’s work activities.
The computer systems associated with this work will not be taken off-line or removed from service during
normal working hours. Arrangements must be made by The Contractor to coordinate any such activities.
The Contractor will be required to work around all of the conditions listed above, as well as working with CNM
staff to minimize disruptions to normal CNM activities.
Installation Guidelines:
15
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
All work performed per Cabling project will be installed in accordance with CNM’s Communication
Infrastructure Standards Manual (CISM). In addition, all work performed will be installed in accordance with
the current edition of the National Electrical Code®, the current edition of the The National Electrical Safety
Code® the current issue of the National Electrical Code®, the ANSI/NECA/BICSI-568-2006 Standard for
Installing Commercial Building Telecommunications Cabling, the current edition of the BICSI
Telecommunications Distribution Methods Manual, the current edition of the BICSI Cabling Installation
Manual, the latest issue of the ANSI/TIA/EIA Standards as published by Global Engineering Documents as
ANSI/TIA/EIA Telecommunications Building Wiring Standards, and all local codes and ordinances.
Current CNM Inside Plant Cable Environment:
CNM is made up of five (5) campuses: Main, Montoya, South Valley, Workforce Training Center, and West Side. Each
location maintains a dual cable plant design using Unshielded Twisted Pair (UTP) cable to support separate voice and
data applications. Dependent on the age of individual building installations the Category of existing cable and related
hardware varies as does the installation standards. CNM is in a continuous process to upgrade its cable plants to current
standards, as defined by the CISM, that are maintained for all new installations and additions. As a result older buildings
at CNM often contain a mix of cable types. Newer buildings contain a dedicated central Entrance Room (ER) with
dedicated Telecommunication Rooms (TR) located as necessary to overcome distance limitations inherent with UTP
Ethernet cabling. Voice and data cabling is generally terminated at different locations within the ER and TRs. CNM’s
ERs house copper and fiber trunks that connect to the campus Out Side Plant (OSP) and provide for inter-building
communications. ERs are connected to TRs within each building using fiber. Older buildings have been modified to
accommodate this central distribution model to the extent that it is possible. In older buildings not all ER and TR
locations are dedicated and in some cases TRs do not exist. In these cases switching devices are mounted in semi-secure
locations near the equipment that they provide service for. Cable trays, distribution conduits and other distribution
hardware that is commonly associated with current cable plant design has been incorporated to some extent into the
design of all CNM buildings that have been constructed or remodeled after 1995. Older buildings and areas of older
buildings that have not experienced a recent major remodel do not include or have limited provisions for cable
distribution.
CNM adheres to BiCSi specifications for all new cable installations. In addition to BiCSi specifications, CNM maintains
its own standards and preferences as defined in the Communications Infrastructure Standards Manual (CISM). All
contractors performing communications related installations shall be expected to adhere to CNM’s CISM.
Building Design & Construction
Over time a variety of construction methods and materials has been incorporated in the design of CNM’s buildings.
Construction methods and material may significantly impact cable distribution. Site visits and thorough examination of
construction documents should be considered prior to responding to all Project RFQ’s.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Common Project Scope of Work
The successful Contractor will install and terminate 23 AWG Category 6 UTP cable between designated ERs/TRs and
Telecommunication Outlet (TO) locations and construct cable distribution pathways as necessary in adherence with
CNM’s CISM. CNM’s CISM document shall be considered the primary source for all installation specifications that are
not otherwise noted in this Statement Of Work. Drawings will be provided to Contractors at the Bidders’ Conference
that designate ER/TR locations and TO locations.
The Contractor will work closely with CNM’s designated
Construction Manager to determine the exact routing of cabling and to develop solutions for the construction of any
necessary distribution pathways. The contractor will be responsible for updating existing construction documents to
indicate installed cable routing.
Project Goals:
1. The Contractor shall be responsible for the following pre-installation requirements:
a.
The Contractor shall be available for project review meeting involving members of CNM’s
Telecommunication and Facilities staff. The purpose of this meeting will be:
i. To allow the Contractor and CNM to jointly review construction documents and
requirements for the project.
ii. Jointly conduct a thorough walk through of all areas where cable is to be installed.
iii. Develop a mutually agreed upon installation schedule that will be adhered to through out the
project.
iv. Develop a mutually agreed upon schedule of weekly project status meetings that will be
adhered to through out the project.
b.
The Contractor shall work closely with CNM’s Construction Manager, Telecommunication staff
and other CNM contractors that may be involved in any specific project to determine any
detailed design specifications that may be required prior to installation. Any and all
specifications produced must clearly define responsible parties, materials that may be involved,
changes to the scope of work and itemization of any additional costs involved.
c.
The Contractor shall present to CNM’s Construction Manager all available design considerations
and options prior to installation.
d.
The Contractor shall work closely with CNM’s Construction Manager during all aspects of the
project in order to ensure close project coordination.
e.
The Contractor shall obtain all required building permits and arrange for necessary inspections.
CNM’s Construction Manager will accompany the Contractor during any permit related
inspections that take place.
2. The Contractor shall be responsible for the following requirements during the installation process:
a.
b.
c.
d.
The Contractor shall provide all required cable and materials for specified cable installations.
The Contractor shall provide cable installation and construct necessary distributions pathways in
accordance with the specifications defined in the contract and CNM’s CISM.
The Contractor shall work jointly with CNM’ Construction Manager, Telecommunication’s staff
and other CNM contractors that may be involved in any specific project to evaluate and
determine solutions for any issues that arise that were not identified as part of the pre-installation
requirements. Any and all solutions must be jointly agreed to by both the Contractor and CNM’s
Construction Manager and must clearly define responsible parties, materials that may be
involved, changes to the scope of work and itemization of any additional costs involved.
All work performed will be in accordance with CNM’s CISM, TIA/EIA standards, all applicable
building codes and BiCSi Telecommunications Distribution Methods.
3. The Contractor shall be responsible for the following post installation requirements:
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
a.
b.
c.
The Contractor, with CNM’s Construction Manager will jointly perform a thorough inspection upon
project completion and/or completion of any one building to provide CNM the opportunity to identify
any items of concern. If any items of concern are identified the Contractor is responsible for their
correction.
The Contractor shall provide updated “as built” construction documentation indicating actual routes of
cable placement, locations of installed components and any modifications to the original construction
documents.
The Contractor shall repair or replace at CNM’s discretion any cabling that is determined not to meet
minimum specifications as determined in CNM’s CISM.
Technical Specifications:
A. PART 1 - GENERAL
1. SUMMARY
a. Section Includes: Equipment, materials, labor, and services to provide a functional data distribution
system including between designated ER/TR facilities and wireless access points, but not limited to:
1) Raceway, boxes, and cable tray
2) Data cabling terminations
4) Telecommunications outlets
5) Terminal blocks/cross-connect systems
6) Equipment racks and cabinets
7) System testing
8) Documentation and submissions
9) Removal of abandoned cable, if required
b. Provide all equipment, materials, labor, and services, not specifically mentioned or shown, which may be
necessary to complete or perfect all parts of the installation. Ensure that they are in compliance with
requirements stated or reasonably inferred by the CISM or contract documents.
c. Work not included:
1) The following work will be done by others:
(a) Off-site services.
(b) Providing electrical wiring and outlets.
(c) Providing wireless access points, data concentrators, hubs, switches, servers, computers, and other
active devices such as Power Over Ethernet (POE) components.
2) Painting will be done by CNM
3) Removal of hazardous materials, if required
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
2. REFERENCES
a. Design, manufacture, test, and install telecommunications cabling networks per manufacturer’s
requirements and in accordance with NFPA-70 (2005 edition of the National Electrical Code®), IEEE C2
2007(NESC 2007), state codes, local codes, requirements of authorities having jurisdiction.
b. Refer to CNM’s Communications Infrastructure Standards Manual (CISM) for a comprehensive listing of
all applicable ANSI/NECA/BICSI-568-2006 Standards for Installing Commercial Building
Telecommunications Cabling.
c. Federal, state, and local codes, rules, regulations, and ordinances governing the work, are as fully part of
the specifications as if herein repeated or hereto attached. If the contractor should note items in the
drawings or the specifications, construction of which would be code violations, promptly call them to the
attention of CNM's representative in writing. Where the requirements of other sections of the
specifications are more stringent than applicable codes, rules, regulations, and ordinances, the
specifications shall apply.
3. PERMITS, FEES, AND CERTIFICATES OF APPROVAL
a. The Contractor shall obtain all required building permits and arrange for necessary inspections.
b. As prerequisite to final acceptance, supply to CNM certificates of inspection from an inspection agency
acceptable to CNM and approved by the local municipality and utility company serving the project.
4. SYSTEM DESCRIPTION
1) If existing Category 6, T568B wired rack mounted patch panels with 48 ports are in use and have spare
capacity then available spare ports shall be used for termination not to exceed 25% of total capacity. If
25% of total capacity is to be exceeded an additional patch panel shall be installed.
2) If existing Category 6, T568B wired rack mounted patch panel with 48 ports are in use and do not
have sufficient spare capacity, as defined above, then additional Category 6, T568B wired rack
mounted patch panels, with 48 ports shall be provided by the Contractor and installed in accordance
with the CISM and coordination from CNM’s Construction Manager. In the event existing racks do
not have the necessary capacity for additional patch panels CNM shall provide and install an
additional rack at CNM’s expense.
3) If existing Category 6, T568B wired rack mounted patch panels are not in use then termination shall
proceed as per CISM CNM STD DWG 005 10DEC2007, Detail D3, using a Honeywell QuickPort or
equivalent approved and mounted as directed by CNM’s Construction Manager.
5. SUBMITTALS
a. Submit to CNM shop drawings, product data (including cut sheets and catalog information), and samples
required by the contract documents. Submit shop drawings, product data, and samples with such
promptness and in such sequence as to cause no delay in the work or in the activities of separate
contractors. CNM’s Construction Manager will indicate approval of shop drawings, product data, and
samples submitted by stamping such submittals "APPROVED" with a stamp. Submitted shop drawings
shall be initialed or signed by the contractor, showing the date and the contractor's legitimate firm name.
1) By submitting shop drawings, product data, and samples, the Contractor represents that he or she has
carefully reviewed and verified materials, quantities, field measurements, and field construction
criteria related thereto. It also represents that the Contractor has checked, coordinated, and verified
that information contained within shop drawings, product data, and samples conform to the
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
requirements of the work and of the contract documents.
2) CNM’s approval of shop drawings, product data, and samples submitted by the Contractor shall not
relieve the Contractor of responsibility for deviations from requirements of the contract documents,
unless the Contractor has specifically informed CNM in writing of such deviation at time of submittal,
and CNM has given written approval of the specific deviation. The Contractor shall continue to be
responsible for deviations from requirements of the contract documents not specifically noted by the
Contractor in writing, and specifically approved by CNM in writing.
3) CNM’s approval of shop drawings, product data, and samples shall not relieve the Contractor of
responsibility for errors or omissions in such shop drawings, product data, and samples.
4) CNM’s review and approval, or other appropriate action upon shop drawings, product data, and
samples, is for the limited purpose of checking for conformance with information given and design
concept expressed in the contract documents. CNM’s review of such submittals is not conducted for
the purpose of determining accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or performance of equipment or systems,
all of which remain the responsibility of the Contractor as required by the contract documents. The
review shall not constitute approval of safety precautions or of construction means, methods,
techniques, sequences, or procedures. CNM’s approval of a specific item shall not indicate approval
of an assembly of which the item is a component.
b. Perform no portion of the work requiring submittal and review of shop drawings, product data, or samples,
until the engineer/designer has approved the respective submittal. Such work shall be in accordance with
approved submittals.
c. Submit shop drawings, product data, and samples as a complete set within ten (10) days of award of
contract.
1) For initial submission and for resubmission required for approval, submit two (2) copies of each item.
CNM will only return one copy. Make reproductions as required for your use and distribution to
subcontractors
2) Illegible submittals will not be checked by CNM.
d. General: Submit the following:
1) Bill of materials, noting long lead time items
2) Product specifications for products not specifically defined in the CISM
3) Project schedule including all major work components that materially affect any other work on the
project
e. Shop drawings: Submit the following:
1) Proposed cable pathways and routing
2) Alternative ER/TR locations if ER/TR locations designated by CNM prove inaccessible or technically
unfeasible.
3) Interface requirements, including connector types and pin-outs, to external systems and systems or
components not supplied by the contractor
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
4) Fabrication drawings for custom-built equipment
f.
Product Data -- Provide catalog cut sheets and information for the following:
1) Wire and cable
2) Outlets, jacks, faceplates, and connectors
3) All metallic and nonmetallic raceways, including surface raceways, outlet boxes, and fittings
4) Terminal blocks and patch panels
5) Enclosures, racks, and equipment housings
g. Project record drawings:
1) Drawings shall be submitted in electronic format and saved as AutoCad compatible files.
2) Submit project record drawings at conclusion of the project and include:
(a) Approved shop drawings
(b) Plan drawings indicating locations and identification of work area outlets, nodes, ERs/TRs
(c) Labeling and administration documentation.
(d) Warranty documents for equipment.
(e) Copper certification test result printouts and CDs.
6. QUALITY ASSURANCE
a. The following manufacturer’s cabling systems are approved for the work of this section are defined in
CISM Section 271500, 2.1
b. The Contractor shall have worked satisfactorily for a minimum of five (5) years on systems of this type and
size.
c. Furnish a list of references with specific information regarding type of project and involvement in
providing of equipment and systems.
d. Equipment and materials of the type for which there are independent standard testing requirements,
listings, and labels, shall be listed and labeled by the independent testing laboratory.
e. Where equipment and materials have industry certification, labels, or standards (i.e., NEMA - National
Electrical Manufacturers Association), this equipment shall be labeled as certified or complying with
standards.
f.
Material and equipment shall be new, and conform to grade, quality, and standards specified. Equipment
and materials of the same type shall be a product of the same manufacturer throughout.
g. Subcontractors shall assume all rights and obligations toward the Contractor that the Contractor assumes
toward CNM.
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Copyright CNM, 2009. All rights reserved.
7. WARRANTY
a. Unless otherwise specified, unconditionally guarantee in writing the materials, equipment, and
workmanship for a period of not less than twenty-five (25) years from date of acceptance by CNM. CNM
shall deem acceptance as beneficial use.
b. Transfer manufacturer's warranties to CNM in addition to the General System Guarantee. Submit these
warranties on each item in list form with shop drawings. Detail specific parts within equipment that are
subject to separate conditional warranty. Warranty proprietary equipment and systems involved in this
contract during the guarantee period. Final payment shall not relieve you of these obligations.
8. DELIVERY, STORAGE, AND HANDLING
Protect equipment during transit, storage, and handling to prevent damage, theft, soiling, and misalignment.
Coordinate with CNM for secure storage of equipment and materials. Do not store equipment where
conditions fall outside manufacturer's recommendations for environmental conditions. Do not install damaged
equipment; remove from site and replace damaged equipment with new equipment.
9. SEQUENCE AND SCHEDULING
Submit schedule for installation of equipment and cabling. Indicate delivery, installation, and testing for
conformance to specific job completion dates. As a minimum, dates are to be provided for bid award,
installation start date, completion of station cabling, completion of riser cabling, completion of testing and
labeling, cutover, completion of the final punch list, start of demolition, CNM acceptance, and demolition
completion.
10. USE OF THE SITE
a. Use of the site shall be at CNM’s direction in matters in which CNM deems it necessary to place
restriction.
b. Access to building wherein the work is performed shall be as directed by CNM.
c. CNM will occupy the premises during the entire period of construction for conducting his or her normal
business operations. Cooperate with CNM to minimize conflict and to facilitate CNM’s operations.
d. Schedule necessary shutdowns of plant services with CNM, and obtain written permission from CNM.
Refer to article - CONTINUITY OF SERVICES herein.
e. Proceed with the work without interfering with ordinary use of streets, aisles, passages, exits, and
operations of CNM.
11. CONTINUITY OF SERVICES
a. Take no action that will interfere with, or interrupt, existing building services unless previous arrangements
have been made with CNM’s Construction Manager. Arrange the work to minimize shutdown time.
b. CNM's personnel will perform shutdown of operating systems. The contractor shall give three (3) days’
advance notice for systems shutdown.
c. Should services be inadvertently interrupted, immediately furnish labor, including overtime, material, and
equipment necessary for prompt restoration of interrupted service.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
B. PART 2 - PRODUCTS
1. MANUFACTURERS
a. CNM’s CISM, provides product specifications and manufacturers that shall be used in CNM projects..
b. Where no manufacturer is specified, provide products of manufacturers in compliance with requirements.
2. FABRICATION
Fabricate custom-made equipment with careful consideration given to aesthetic, technical, and functional
aspects of equipment and its installation.
3. SUITABILITY
Provide products that are suitable for intended use, including, but not limited to environmental, regulatory, and
electrical.
4. DATA STATION CABLE (Copper Patch Cords)
Refer to CISM Section 271101, 2.15. (Must be CMP for plenum installations.)
5. DATA ONLY WORK AREA OUTLET
Refer to CISM Section 271543, 2.2 E.
6. TERMINATION BLOCKS
Refer to CISM Section 271119, 2.1
7. PATCH PANELS
a. Rack Mount Patch Panels: Refer to CISM Section 271101, 2.7 & 271119, 2.2
b: Surface Mount Break-Out Boxes: Refer to CISM CNM STD DWG 005 10DEC2007, Detail D3, using a
Honeywell QuickPort or equivalent as approved.
8. SPARE CAPACITY
a. Provide for the following spare capacity:
1) Utilize existing patch panels up to 25% of fill capacity. If 25% of fill capacity is exceeded an
additional 48 port patch panel shall be installed.
2) Utilize existing Surface Mount Break-Out Boxes up to 25% of fill capacity. If 25% of fill capacity is
exceeded an additional Surface Mount Break-Out Box shall be installed.
3) Fill ratios for conduits, cable trays and other distribution pathways are defined in CISM Section
270528 and 271513 Table 1 & 2. If fill ratios are to be exceeded Contractor shall provide additional
distribution pathway capacity.
9. EXTRA MATERIAL
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a. Furnish the following spare equipment and parts:
1) Five (5) percent of base bid quantity of each type of eight conductor jack (modules) shall be provided
2) Five (5) percent of base bid quantity of each type of faceplate
3) Five (5) percent of base bid quantity rounded up to the nearest thousand feet of UTP horizontal cable
4) Five (5) percent of base bid quantity of station cable (patch cords)
10. WIRELESS COMMUNICATIONS
a. All wireless access points shall be installed as per locations and mounting instructions provided by the
wireless implementation contractor.
b. All wireless access points shall be positioned so as to avoid sources of EMI and RFI
c. All wireless access points shall be placed to be aesthetically compatible With their environment
d. All wireless access point enclosures shall be UL Listed for use within a plenum space
C. PART 3 EXECUTION
1. PRE-INSTALLATION SITE SURVEY
a. Prior to start of systems installation, meet at the project site with CNM's representative and representatives
of trades performing related work to coordinate efforts. Review areas of potential interference and resolve
conflicts before proceeding with the work.
b. Examine areas and conditions under which the system is to be installed. Do not proceed with the work
until satisfactory conditions have been achieved.
2. HANDLING AND PROTECTION OF EQUIPMENT AND MATERIALS
a. Be responsible for safekeeping of your own and your subcontractors' property, such as equipment and
materials, on the job site. CNM assumes no responsibility for protection of above named property against
fire, theft, and environmental conditions.
3. PROTECTION OF CNM’S FACILITIES
a. Effectively protect CNM's facilities, equipment, and materials from dust, dirt, and damage during
construction.
b. Remove protection at completion of the work.
4. INSTALLATION
a. Receive, check, unload, handle, store, and adequately protect equipment and materials to be installed as
part of the contract. Store in areas as directed by CNM's representative. Include delivery, unloading,
setting in place, fastening to walls, floors, ceilings, or other structures where required, interconnecting
wiring of system components, equipment alignment and adjustment, and other related work whether or not
expressly defined herein.
b. Install materials and equipment in accordance with CNM’s CISM and all applicable standards, codes,
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
requirements, and recommendations of national, state, and local authorities having jurisdiction, and
National Electrical Code® (NEC) 2005 and with manufacturer's printed instructions.
1) THIS ITEM IS SPECIFIC TO THE ”WIRELESS CABLE OVERLAY PROJECT”: CISM
Sections 270500, 270528, 270553, 271119, 271500, 271513 and 271543 address the primary activities
to be performed within this statement of work. Each section of the CISM references other related
sections. The sections listed here are intended to assist the Contractor in locating applicable
installation information within the CISM and are not intended to limit the Contractor’s responsibility
of adhering to the CISM in its entirety.
c. Adhere to manufacturer's published specifications for pulling tension, minimum bend radii, and sidewall
pressure when installing cables. Refer to CISM Section 271500, 3.4.
1) Where manufacturer does not provide bending radii information, comply with BICSI TDNN, Ch. 4,
“Pulling Cable”. Arrange and mount equipment and materials in a manner acceptable to the engineer
and CNM.
d. Penetrations through floor and fire-rated walls shall utilize intermediate metallic conduit (IMC) or
galvanized rigid conduit (GRC) sleeves and shall be fire stopped after installation and testing, utilizing a
fire stopping assembly approved for that application. Refer to CISM Section 270500.
e. Install horizontal cabling to the telecommunications room (TR/ER) designated in the provided drawings.
f.
Installation shall conform to the following basic guidelines:
1) Use of approved wire, cable, and wiring devices
2) Neat and uncluttered wire termination
g. Attach cables to permanent structure with suitable attachments at intervals of 48 to 60 inches. Support
cables installed above removable ceilings.
h. Install cables in one continuous piece. Splices shall not be allowed.
5. GROUNDING
a. Grounding shall conform to ANSI-J-STD607(A) - Commercial Building Grounding and Bonding
Requirements for Telecommunications, National Electrical Code® (2005), ANSI/NECA/BICSI-568-2006
and manufacturer's grounding requirements as minimum.
b. Refer to CISM Section 270526 for detailed grounding specifications.
6. LABELING
a. Labeling shall conform to CISM Section 270553.
b. Mark up floor plans showing outlet locations, type, and cable marking of cables. Turn these drawings over
to CNM two (2) weeks prior to move in to allow CNM's personnel to connect and test CNM-provided
equipment in a timely fashion.
c. Two (2) sets of as-built drawing shall be delivered to CNM within four (4) weeks of acceptance of project
by CNM. A set of as-built drawings shall be provided to CNM in electronic form and utilizing CAD
software that is acceptable to CNM. The electronic media shall be delivered to CNM within six (6) weeks
of acceptance of project by CNM.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
7. TESTING
Testing shall conform to CISM Section 271500, 3.8, & 271513, 3.7.
8. FIELD QUALITY CONTROL
a. Employ job superintendent or project manager during the course of the installation to provide coordination
of work of this specification and of other trades, and provide technical information when requested by
other trades. This person shall maintain current RCDD® (Registered Communications Distribution
Designer) registration and shall be responsible for quality control during installation, equipment set-up, and
testing.
b. At least 30 percent of installation personnel shall be BICSI Registered Telecommunications Installers. Of
that number, at least 15 percent shall be registered at the Technician Level, at least 40 percent shall be
registered at the Installer Level 2, and the balance shall be registered at the Installer Level 1.
c. Installation personnel shall meet manufacturer’s training and education requirements for implementation of
extended warranty program.
Examination of Contract Documents and site: Before submitting his quote, each Bidder must:
a. Examine the Contract and CISM Documents thoroughly.
b. Visit the site to familiarize himself with local conditions that may in any manner affect the performance of the
work and employment of labor thereon.
c. Familiarize himself with CNM’s CISM, federal, state, and local laws, ordinances, rules and regulations affecting
performance of the work and employment of labor thereon.
d. Carefully correlate his observations with the requirements of the Contract Documents.
Contract Documents: The below stated SECTION D constitutes the contract documents. The Bidder signature signifies
his full understanding of the terms and conditions of this bid. The award of the contractor shall be made by CNM
Purchasing Department. This agreement will be referenced and Purchase Agreements will be assigned with regular CNM
PO’s (as a release under the Purchase Agreements) issued per project basis that shall bind the Contractor to the terms of
the Contract Documents.
Emergency 24-hour Service: Emergency 24-Hour Service may be determined by CNM to be appropriate in some
instances when urgent public need or safety is involved. Any such work shall require Contractor mobilization and start of
the work with 24 hours of receipt of written authorization. Contractor will be expected to commence work on the date
designated in the PO. If an emergency occurs and Contractor is unavailable, CNM’s Project Manager will be permitted to
approach the subcontractor. CNM will notify the Contractor of such action the next business day.
NOTE: The total cost of each individual On Demand Construction Project will not exceed two hundred thousand
dollars ($200,000.00).
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
SECTION D: CONTRACTOR GENERAL REQUIREMENTS FOR BID #T-2752
Contract Documents: The bidding information included in this packet and listed below constitute the Contract
Documents for both this Bid and for each individual project. The bidder's signature signifies his full understanding of the
terms and conditions of this bid. The award of the contract shall be made by CNM issuing Price Agreements (PA’s) to
three (3) to six (6) qualified vendors, and Purchase Orders (PO’s) to the selected PA contractor on a project by project
basis following a Request for Quotation. The PA’s and PO’s and shall bind the contractor to the terms of the Contract
Documents.
List of contract documents in order of precedence:
CNM’s Purchase Agreement
CNM’s Purchase Order for award of a specific project
CNM’s Standard Bid and General Terms and Conditions
Contractor General Requirements
Project Scope of Work (SOW)
Bid Scope of Work (SOW)
Drawings and Specifications
Pricing:
a. Request for Bid form
b. Parts/Materials/Equipment-Pricing
Subcontractors Listing
Performance and Labor bonds (to include Performance bonds for first tier subcontractors)
Insurance requirements
State of New Mexico, Department of Labor, Wage Rate (Decision number BE-09-0197 B).
AIA A101 as amended by CNM.
Bid #T-2752
Bidder shall also construe this provision to incorporate any necessary investigation and/or monitoring during the life of
the contract to enforce any current policy of CNM such as, but not limited to, no alcohol, no drugs, no guns, etc on CNM
property. As a general rule, any such regulation or law applying to CNM personnel shall be deemed to be in force for
Contractors work force occupying any work site.
Bidders shall carefully examine the proposed contract documents to obtain first-hand knowledge of all proposed work.
Contractors will not be entitled to any additional compensation or any extension of the contract time for conditions which
can be determined by examining current work requirements and the proposed contract documents. Submission of a bid
constitutes a representation by the bidder that the bidder has made all appropriate examinations, investigations and
analyses and has made provision as to the cost thereof in his bid.
Bid Security: Bidder shall provide with this bid, a Bid Bond (Security) issued by a surety duly authorized to conduct
business in the State of New Mexico and acceptable to Central New Mexico Community College (CNM) in the amount
of five percent (5%) of the initial project, “Project 1” costs as shown in the bid response form (13-1-146, NMSA 1978).
Bid Security shall be payable by a certified check, cashier's check, money order or bid bond payable without condition to
CNM, 525 Buena Vista SE, Albuquerque, New Mexico, 87106. Bid security will be returned as soon as practical after the
opening of bids and the successful bidder has furnished the performance and payment bonds, or if no award has been
made within 30 days after the opening of bids, upon demand of the bidder at anytime thereafter, so long as he has not
been notified of the acceptance of his bid.
Such surety shall be named in the Federal Register by the Audit Staff Bureau of Accounts, US Treasury Department. Bid
Security is submitted as a guarantee the Bidder, if awarded the contract:
a. Will promptly execute such contract in accordance with the Bid submittal and in the manner and form required
by the Contract Documents
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BID #T-2752, Advertised, Friday, March 27, 2009
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b. Will furnish good and sufficient bond for the faithful performance of the same and for the payment of all labor
and materials.
c. And furnish required certificates of insurance.
The Bid Bond (Security) of the six (6) lowest Bidders will be retained until the contract is awarded or other disposition is
made. The Bid Bond (Security) of all Bidders except the six (6) lowest will be returned after the award of bids. CNM
shall have the right to retain the bid security of the six (6) apparent lowest Bidders until either:
a. the Contract has been executed and the Labor and Material Payment Bond, the Performance Bond and all
required certifications of insurance have been furnished to CNM;
b. the time specified in the Bidding Documents has elapsed so that Bidder may withdraw the Bid Response:
c. all bids have been rejected, whichever occurs first.
Should the Bidder refuse to enter into such Contract or fail to furnish such Bonds or certificates of insurance, the amount
of the Bid Security shall be forfeited to CNM as liquidated damages, not as a penalty. Bid submittals without the required
Bid Security will not be considered.
Bonding Requirements: For each project over $25,000.00 (NMSA 13-4-18) the successful bidder, upon notification of
the award of the Contract, shall deliver the required performance and payment bonds in the amount of 100% of the total
project cost, within 14 business days after issuance of a PO or prior to the commencement of any work. Bond must be
payable to CNM, executed by a surety company authorized to do business in the state of New Mexico. The bond shall
stay in full force and effect until final acceptance of all projects initiated under the agreement. If the total of the projects
accomplished under this contract shall exceed $25,000, contractor shall be responsible to bond all additional amounts.
Should the surety company become insolvent or cease to do business in New Mexico, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a new surety satisfactory to CNM. No payment will be made
under the contract until the new surety is qualified and bond accepted by CNM. The sureties on such bonds shall be duly
authorized to conduct business in the State of New Mexico and acceptable to the CNM, and shall be named in the current
list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau
of Accounts, US Treasury Department. In addition, the contractor shall furnish certificate of insurance as required by the
General Conditions of this bid.
Contractor will not start work prior to the effective date of Insurance coverage: Contractor shall not knowingly,
except by agreement or instruction of CNM in writing, prematurely commence operations on a site or elsewhere prior to
the effective date of insurance required by SECTION F, “Insurance Requirements” to be furnished by the Contractor.
The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of
commencement is established by a notice to proceed given by the CNM, the Contractor shall notify CNM in writing not
less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages,
mechanic’s liens and other security interests.
The contractor shall, at his own expense, carry and maintain during the entire performance period of this contract at least
the kinds and minimum amounts of insurance listed:
A.
Workers' Compensation Insurance: As required by the Labor Laws and the New Mexico Statutes.
B.
Public Liability Insurance: Reference Section F.
Listing of subcontractors; requirements (reference EXHIBIT H & I):
A. Some Public Works Projects may be subject to the provisions of the State of New Mexico “Subcontractors Fair
Practices Act”, Sections 13-4-31 through 13-4-42 NMSA 1978. When this Act is applicable, each bidder shall
comply with the requirements set forth in these Bidding Documents.
B. Any using agency taking bids for any public works construction project shall provide in the bidding documents
prepared for that project a listing threshold which shall be five thousand dollars ($5,000.00) or one-half of one
percent of the architect’s or engineer’s estimate of the total project cost, not including alternates, whichever is
greater. Any person submitting a bid shall in his bid set forth:
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Copyright CNM, 2009. All rights reserved.
1. The name and the city or county of the place of business of each subcontractor under subcontract to the
contractor who will perform work or labor or render service to the contractor in or about construction of the
public works construction project in an amount in excess of the listing threshold; and
2. The category of work that will be done by each subcontractor. The contractor shall list only one
subcontractor for each category as defined by the contractor in his bid.
C. A bid submitted by a contractor who fails to comply with the provisions of this section may be determined as a nonresponsive bid which may not be accepted.
D. If a contractor fails to list a subcontractor in excess of the listing threshold and he does not state that no bid was
received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work
himself and that he shall perform that portion of the work himself. If after award of the contract the contractor
subcontracts any portion of the work, except as provided in the Subcontractors Fair Practices Act [13-4-31 to 13-442 NMSA 1978], the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to
the penalties provided in Section 13-4-41 NMSA 1978.
E. The Bidder shall define the categories of work done by each subcontractor in the bid and shall list on EXHIBIT H of
the Bid no more then one subcontractor for each such category, provided however, that such listing shall not include
subcontractors whose work does not exceed the threshold dollar amount given. Such list shall give the name and city
or county of the place of business of each subcontractor under subcontract to the Bidder who will perform work or
labor render service to the Bidder in an amount exceeding the threshold stated. Those subcontractors whose work
does not exceed the amount given shall be listed.
State Wage Rates: It is the Contractor's responsibility to become acquainted with and comply with State Regulations
regarding payment of wages on Public Projects (13-4-11 through 13-4-17, NMSA 1978). Wage rates as established by the
New Mexico State Department of Labor are attached as ATTACHMENT 1 and will be paid by the contractor for every
job whose total cost exceeds $60,000.00 per Project that is performed under this contract. The Contractor shall pay all
laborers employed on the site of the project, unconditionally and not less often than once a week, and without subsequent
unlawful deduction or rebate on any account the full amounts accrued at time of payment, computed at wage rates not
less than those stated in the advertised specifications. In the event it is found by the State Labor Commission, that any
laborer or mechanic employed by the Contractor or Subcontractor on the site of a project covered by this contract has
been or is being paid, as a result of a willful violation, a rate of wages less than the rate of wages required by the
Contract, CNM may, by written notice to the Contractor and his Subcontractor (if the violation involves a subcontractor)
terminate their right to proceed with the work, or such part of the work as to which there has been a willful failure to pay
the required wages, and CNM may prosecute the work to completion by contract or otherwise, and the Contractor and his
sureties shall be liable for any excess cost occasioned thereby. Any party receiving notice of termination of his contract
or subcontract under the provisions of this section may appeal the finding to the State Labor Commissioner as provided in
the Public Works Minimum Wage Act.
GENERAL OPERATING PROCEDURES
Contractor Licensing Requirements. This project is primarily covered by the ES-3 classification. If the
telecommunications includes telephones then ES-7 would be required for that installation and cabling. EE-98 covers all
work. All conduit and raceways require the EE-98 and must be subbed out if the prime contractor has only the ES-3. The
Contractor will be properly licensed with the appropriate ES-3, ES-7 or EE-98 classification per the State of New Mexico
Construction Industries Division (CID) regulations. The Contractor will use personnel directly employed or qualified
sub-contractors that are licensed and registered by the State of New Mexico Construction Industries Division (CID).
Licensing and Personnel Qualifications: Contractor and all subcontractors shall be properly licensed and registered,
under the State of New Mexico Construction Industries Division (CID) Regulations, for all aspects of work requirements.
Actual work shall be performed by workmen properly licensed or appropriately skilled in applicable trade. A GB-98
license is required for the prime contractor. Bidders are encouraged to submit other licenses as may be considered
appropriate.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Contractor must have been duly licensed a minimum of Five (5) years: Contractor must have been in business with
experience in providing structured data communications cabling for a minimum of five (5) years.
Contractor must be financially stable: Contractor may be required to submit a copy of their latest certified audited
financial statements showing contractor to be a financially stable company.
Contractor is responsible for reviewing Project Requirements: Contractor shall carefully study the project
requirements and drawings, and shall at once report to CNM errors, inconsistencies or omissions discovered. Contractor
shall not be liable to CNM for damage resulting from errors, inconsistencies or omissions unless the Contractor
recognized such error, inconsistency or omission and knowingly failed to report it to CNM. If the Contractor performs
any construction activity knowing it involves a recognized error, inconsistency or omission in the project documents
without notifying CNM, Contractor shall assume appropriate responsibility for such performance and shall bear an
appropriate amount of the attributable costs for correction.
Contractor agrees to proceed with Work regularly: It is hereby understood and mutually agreed that the date for
beginning, rate of progress, and time for completion for Work to be done hereunder are ESSENTIAL CONDITIONS of
the resultant Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within time specified.
Contractor shall notify CNM in writing: At least ten (10) days prior to the date on which the Work will be ready for
final inspection Contractor will provide notification to CNM. Final inspection will not be performed until all Work is
completed. CNM will also designate a representative to make final inspection on date requested, but any delay in making
final inspection shall not relieve the Contractor of responsibility for the Work, nor shall CNM be held responsible for
damages or claims for compensation on account of continuing overhead, maintenance, etc., occasioned by such delay. If
CNM’s representative making final inspection finds the Work so far from completion as to make a later visit necessary,
or that undue delay in making final inspection is incurred, Contractor shall, if determined by CNM, to be liable for
expense to CNM incurred by reason of such delay or re-inspection.
Contractor agrees that CNM may charge liquidated damages: CNM shall charge liquidated damages on a per project
basis. If Contractor neglects, fails or refuses to substantially complete the Work within time specified for the completion
of each project, then said Contractor does hereby agree, as part consideration for awarding of this contract, to pay to
CNM $1,500.00 per day per individual project for each calendar day past the completion date specified in the resultant
purchase order that completion or delivery is delayed, not as a penalty but as liquidated damages for such breach of
contract. Provided, that Contractor shall not be charged with liquidated damages or any excess when delay in completion
of the Work is due:
1. To any performance, priority or allocation order duly issued by the government;
2. To unforeseeable cause beyond Contractor's control and without fault or negligence of Contractor including but
not limited to acts of God or public enemy, acts of CNM, acts of another contractor in performance of a different
contract with CNM, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; and
Contractor agrees that CNM has the right to carry out work: If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice
from CNM to commence and continue correction of such default or neglect with diligence and promptness, CNM may
after such seven (7) day period give the Contractor a second written notice to correct such deficiencies within a second
seven (7) day period. If the Contractor within such second seven (7) day period after receipt of such second notice fails
to commence and continue to correct any deficiencies, CNM may, without prejudice to other remedies CNM may have,
correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such deficiencies, including compensation for CNM’s additional
services and expenses made necessary by such default, neglect or failure. Such action by CNM and amounts charged to
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
the Contractor are both subject to prior approval of CNM. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to CNM.
Supervision: The work shall be performed under the direction of a qualified foreman with a minimum of five (5) years
project management experienced in the trade who shall be thoroughly familiar with the complete requirements of the
project and shall normally be present on the site during the execution of the work. The cost of such a foreman will be
considered as a part of the contractor's overhead and may not be billed as a separate charge. If the foreman actually works
on the site as a crewmember, his/her hours may be billed at the appropriate level. Contractor shall supervise and direct
the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control
over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work
under the Contract, unless Contract Documents give other specific instructions concerning these matters. Estimating,
takeoffs and the like will also be considered as overhead not to be billed separately.
Contractor shall enforce strict discipline: Contractor will enforce strict discipline and good order among the
Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of
unfit persons or persons not skilled in tasks assigned to them.
More stringent standards will govern: In the event of a conflict between the various specifications, codes and
standards, the more stringent shall govern. On completion of the various parts of the work, the installation shall be tested
by the constituted authorities and approved; and, once approved, contractor shall obtain and deliver to the CNM final
certificates of acceptance. Contractor shall hold and save the CNM Governing Board free and harmless from liability of
any kind arising from his failure to comply with these requirements.
Standards: Contractor must insure that all work and materials shall comply with the recommendations and standards as
set forth in the latest edition(s) of pertinent City, State, County and National Codes and Ordinances. CNM may also have
specifications which may apply to any given project. CNM specifications will be provided by the CNM Project Manager
as applicable. If materials, equipment, or systems are installed in a manner which is not in conformance with the
requirements of these specifications and for which the Contractor has not received written approval, removal of all the
unauthorized materials plus installation of those indicated or specified shall be provided at no extra cost to CNM.
Specifications Deviation: General Specifications are binding. However, in instances where there is a deviation between
the General Specifications and the Job Specifications, the Job Specifications or the more stringent shall rule. On any job
where there is doubt as to the process of installation to be used, the final decision will be made by the CNM
representative or designee.
Substitutions. In the construction of any Project, if CNM has a preference for any process, type of equipment or kind of
material, it will be indicated in the appropriate Drawing or Specification; otherwise, CNM will consider all processes,
types of equipment or kinds of material offered on an or equal performance competitive basis if they are in fact the equal
to that specified and will accomplish the purpose intended. CNM reserves the right to be the sole judge as to whether or
not a different process, type of equipment or kind of material offered is in fact the or equal performance is to the
specification.
Inspections: Contractor shall contact the CNM Project Manager, when work is ready for inspection by the authority
having jurisdiction. Payment is contingent upon passing all inspections. CNM will not reimburse contractor for
work/materials needed to remedy "no pass" work. CNM may inspect projects at any time with or without prior
notification to the contractor. CNM shall have the right to observe all framing, electrical or plumbing work before it is
covered. Should any work be covered contrary to request or to any requirement of the contract documents, CNM designee
may order it uncovered for his observation. Contractor shall uncover and replace all such work at his own expense. Any
work or materials installed contrary to the requirements of the contract documents or rejected as defective by CNM shall
promptly be removed, replaced or corrected as may be applicable. The cost of this work shall be borne by the Contractor.
Contractor shall notify CNM 24 hours in advance before covering up any concealed work or conducting tests by any
authority. Reference Section A, clause 80.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Guarantee: Contractor shall guarantee all materials, equipment and workmanship furnished and installed under this
contract to be free from all defects and shall agree to replace at his/her expense, without expense to CNM, any and all
defective equipment, parts, etc., for a period of twenty-five (25) years after accepted by CNM approval of final payment.
This excludes normal maintenance and daily servicing of equipment which is CNM's responsibility.
Protection of the Work: The Contractor is responsible for the protection and security of all materials, tools, equipment,
and installed work until the final acceptance of the work by CNM designee.
Clean-up: The Contractor shall keep the site reasonably clean and neat during the execution of the work, shall remove
accumulations of debris at the end of each work day, and shall leave all surfaces and areas completely clean at final
completion.
Pre-Construction Conference: After bid award, but prior to starting construction of each or any project, Contractor
shall meet with CNM Project Manager to outline procedures such as location, scheduling, paper flow, and inspections.
Projects: If CNM elects to utilize this contract, the work to be performed under this contract is subject to strict CNM
internal controls. Execution of any project will commence with CNM preparing for the contractor a Scope of Work,
drawings, specifications, Request for Bid Response form (reference EXHIBIT B and D). The contractor will prepare an
acceptable bid with plans and/or a description. The bid shall be completed by the contractor, listing a description of the
work to be completed, materials required, estimated quantity, estimated hours per man-hour classification and total bid.
Site visits will be conducted as necessary. Contractor shall submit the bid to CNM Purchasing Department Representative
for review. Based upon CNM's calculations, Architect’s/Engineer's estimates etc. of the work to be done, bid will be
approved or discrepancies negotiated with the contractor. Bids are to be prepared at no additional charge to CNM for
either site visit(s)/inspection(s) or actual bid preparation. Issuance of a CNM PO for each project shall authorize the
contractor to proceed with the work. Change orders will follow the same guidelines. A decision will be made to do the
work with CNM crews or to utilize this contract for all or any portion of the work. Contractor shall not enter into CNM
administrative decisions.
Submittals: Contractor shall submit shop drawings when either required by CNM or when necessary. Submittal’s shall
include manufacturer’s technical data and/or samples as required by CNM Representative with the technical
specifications delivered to CNM representative within five (5) working days of Notice to Proceed (issuance of a CNM
regular PO).
Contractor shall perform to PO’s from CNM. Because coordination of permits, final inspections and the collection
and updating of utility records fall within CNM PPD/Facilities responsibilities, no work may be contracted without the
issuance of a PO from CNM Purchasing Department. After issuance of a PO, a CNM Representative will assign work
directly with the contractor for the duration of that project.
The following personnel have been designated as authorized Representative contacts for purposes of this contract.
1.
2.
3.
Ray Barela, CNM Facilities Project Manager/ Physical Plant
Richard Mazon, CNM ITS/ Infrastructure Support Manager
Any CNM Buyer
This list is subject to CNM’s revision at any time.
Work NOT defined in individual Project Scope of Work: Contractor shall NOT perform work beyond the defined
Scope of Work for individual Projects prior to receipt and acceptance of a fully executed change in compliance with
Section G. CNM is under no obligation to make payment on unauthorized change requests.
Alternates: When Alternates are to be accepted by CNM, the contract will be awarded to the Responsible Bidder who
bids the lowest combined bid of the Based Bid and all accepted Alternates. New Mexico Gross Receipts Tax (NMGRT)
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
shall be shown as a separate entry after the subtotal, using the method described above, for each Alternate, followed by a
total derived by adding the subtotal and NMGRT amounts. Alternates, if any, and if accepted, will be accepted in
ascending order as numbered in the Bid Response form.
Work Scheduling: All work shall be, insofar as possible, performed during normal working hours (7:00 A.M. to
5:00 P.M.) Monday through Friday. However, all work shall be coordinated with both the Contractor and CNM
ITS/Infrastructure, Construction Manager to avoid interference with any facility schedule.
CNM ITS/Infrastructure, Representative will sign appropriate form verifying that the work has been completed. A list of
worker's name(s) and job classification(s) shall be included on the form.
Response Time: Contractor will be expected to respond to the approved purchase order within five (5) days for routine
requests and within one (1) day for emergency requests.
Interrupting Services: The contractor shall coordinate the execution of all work within the building in order to minimize
interference with the operation of existing mechanical, electrical, plumbing, and utility systems during construction or
repair work. Connections to existing systems requiring the interruption of service within the building shall be carefully
coordinated with the CNM ITS/Infrastructure, Representative to minimize system down times. Absolutely no
interruption of the existing services will be permitted without the prior approval of CNM. A minimum of 48 hours notice
shall be given to CNM ITS/Infrastructure, Representative.
Cancellation: Failure to comply with the terms of the contract documents and/or unsatisfactory performance/product will
constitute grounds for cancellation of the contract. If, after consultation between CNM users, CNM Purchasing
Department, and the contractor, grounds for cancellation still exist, immediate notification of cancellation will be
provided in writing by the CNM Purchasing Department. Upon such notification, the contractor shall cease work
immediately and shall submit an invoice for work satisfactorily completed to date. No allowance will be made for
anticipated work or profits.
Safety: The contractor shall take all necessary precautions to protect the site occupants from hazardous conditions. The
contractor shall abide by all Occupational Safety and Health Administration (OSHA) regulations and all State of New
Mexico Environmental Improvements Board Occupational Health and Safety regulations that apply to this contract.
Reference Section A, clause 55 and Section B, Clause 15. The contractor shall defend, indemnify, and hold the CNM
Governing Board and its agents, officers, administrators, and employees free and harmless against all claims, loss,
liability, and expense resulting from any alleged violations of said regulations, including, but not limited to, fines or
penalties, judgments, court costs, and attorneys' fees. The contractor also shall be responsible for damage to persons or
property that occurs as a result of his fault or negligence, or that of his employees and/or agents, in connection with this
contract. Reference Section A, clause 34.
Contractor shall barricade or otherwise separate the work site from students. Workers will not leave hand or power tools
unattended. The CNM Safety Director or CNM Representative has the authority to stop any unsafe job and to require
safety precautions such as evacuation from the area to protect students and staff.
Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,
injury or loss to:
1. employees on the Work and other persons who may be affected thereby;
2. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and
3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of construction.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
Hazardous Materials. Asbestos, and lead-based paint removal or handling is not within the scope of this contract. If the
Contractor should discover or expose lead-based paint or asbestos at any time, work is to stop immediately and CNM
Project Manager is to be notified immediately and will take the appropriate action to rectify the problem and the
inconvenience to the Contractor. Contractor time will be adjusted appropriately in order to prevent the Contractor from
being assessed liquidated damages. Reference Section A, clause 55.
Operation Prior to Acceptance: CNM shall have the right to operate any and all apparatus as soon as and as long
as it is in operating condition whether or not such apparatus has been accepted as complete and satisfactory. This
shall not be construed to mean acceptance before any required alterations or repairs have been made and does not
indicate acceptance of the work by CNM. Contractor bears the burden for flagging/posting work areas not to be utilized.
When the contractor enters into a contract with CNM, he/she agrees to the above.
Progress Reports: The Contractor shall submit a progress report once each calendar month showing the status of all
outstanding work. These reports shall include the following:
a. Purchase Order (PO) number and date PO issued to Contractor.
b. Project name.
c. Scheduled start and completion date for each individual project.
d. Percentage (%) completed.
e. If construction exceeds time allowed or requires re-scheduling, the reason therefore shall be indicated by the
Contractor in writing.
Final Acceptance: The contractor shall notify the CNM Project Manager, or his designee when each Project is complete,
and submit all as-built drawings and project documentation as required. CNM shall then arrange for a prompt inspection
by appropriate CNM Representatives who shall either accept the project as complete and satisfactory or provide a written
list of items to be corrected and/or completed. Reference Section A, clause 49.
Releases of Lien: If applicable, the contractor shall provide unconditional releases of lien from all subcontractors and
major material suppliers when submitting his final invoice at the end of each project.
Invoice and Purchase Order Procedures: Upon project award, CNM will issue a Purchase Order (PO) which will be in
effect for the duration of the contract, and which will accommodate multiple billings as work is completed. Itemized
nvoices, clearly referencing appropriate Project name, and PO number shall be submitted in duplicate to the CNM’s ITS
Representative. Copies of the completed PO shall be attached to the invoice to substantiate charges for auditor tracking
purposes. Charges for personnel shall indicate the wage rate, job classification and the name of personnel performing the
work with reference to the appropriate time records. Charges for materials, if any, shall indicate the kinds and quantities,
unit prices and manufacturer's list price and the appropriate quoted percent discount or per an agreed to price. When
applicable, final invoice for each project shall be accompanied by all required guarantees, operations manuals, releases of
lien and/or other submittal required by the Contract Documents.
EXAMPLES OF POTENTIAL WORK PROJECT
Repair/replacement/relocation or new installation of Structured communications cabling components as described in
CNM’s CISM. Potential work may also include installation of active devices such as wireless access points, wireless
antennas and POE components. Installation of active devices shall be limited to physical installation and shall not
involve software configurations.
Codes, Fees and Permits: Contractor shall secure all permits and licenses for the required work and shall pay all fees in
connection with such permits and licenses. All work shall be executed in accordance with the current International
Building Code (IBC) of 2003, National Fire Protection Association (NFPA), local (to include Fire Marshall review when
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
required), state ordinances, and regulations governing the particular class of work involved. Contractor shall be
responsible for the final execution of the work under this heading to suit these requirements.
In the event of a conflict between the various specifications, codes and standards, the more stringent shall govern. On
completion of the various parts of the work, the installation shall be tested by the constituted authorities and approved;
and, once approved, contractor shall obtain and deliver to the CNM final certificates of acceptance. The contractor shall
hold and save the CNM free and harmless from liability of any kind arising from his failure to comply with these
requirements.
Protection of Adjacent Surfaces: The contractor shall take all measures necessary during the course of work to protect
existing property including adjacent surfaces, equipment, electrical systems, piping, furnishings, and landscaping from
damage during the course of the work and shall repair promptly any such damage at his own expense and to the
satisfaction of CNM Project Representative.
Protection of the Work: The contractor is responsible for the protection and security of all materials, tools, equipment,
and installed work until the final acceptance of the work by CNM designee.
MATERIALS:
Materials Supply and Quality: Contractor shall maintain at all times (or have access to) an ample stock of various
materials necessary to complete specified projects within the required time frame(s). All materials shall be of equal or
greater quality as compared to the original. Any manufacturer's data supplied with the materials shall be submitted to the
CNM Representative or designee. All materials shall be new, unused, and in perfect condition. However, if conditions
would necessitate utilizing used/rebuilt materials, prior approval must be secured from the Project Manager.
Procurement of Other Materials: CNM reserves the right to procure any materials through normal procurement
channels and to furnish such materials to contractor for installation. Materials, so procured shall not be marked up by the
contractor in any manner. Installation shall be in strict accordance with the recommendations of the manufacturer or as
may be required by code. If such recommendations conflict with plans and specifications, the contractor shall report such
conflicts to CNM. Changes shall be made as mutually agreed or necessary.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
SECTION E: INSTRUCTIONS TO BIDDERS FOR BID #T-2752
Bidders are encouraged to submit prices on any or all items as their ability to furnish dictates. All prices shall be F.O.B.
Destination and shall include all charges that may be imposed in fulfilling the terms of this agreement. All freight, insurance,
and other associated costs are to be included in the unit costs bid. The bidder should present in detail all products and
services offered in response to this invitation. It is the bidder’s responsibility to make sure all products proposed are
adequately described. Any offer which proposes like quality, design or performance will be considered, providing sufficient
descriptive literature, specification sheets, etc. are included to properly evaluate the equivalency. NOTE: CNM WILL BE
THE SOLE JUDGE OF EQUIVALENCY. It should not be assumed that the buyer has specific knowledge of the products
proposed, but has sufficient technical background to conduct an evaluation when presented complete information. Sample
products and/or additional information to support an “or approved equal” may be required at no charge to. Such items shall
be delivered to the Purchasing Department within three (3) working days of the request.
Submittals: The following items MUST be with your bid;
• EXHIBIT B: Response Form for Project #1, “Communications Cable Installation for CNM Wireless Network
Overlay”.
o Bid Bond (Security) at 5% of the bid price for EXHIBIT A/Project #1 only.
• EXHIBIT E: Response Form for Parts/Materials and Equipment Pricing (for Bid).
• EXHIBIT F: Contractor qualifications Statement (for Bid).
• EXHIBIT G: Sub-Contractors Listing (for EXHIBIT A & B).
• EXHIBIT I: Signature of Firm’s Authorized Representative and Debarment Suspension Status &Non• Collusion Affidavit Form (for Bid).
• Resume(s) of RCDD staff assigned to project
• Copy of Contractor’s BISCI registrations
• Three (3) reference for similar work within the last two (2) years in scope and design in either the Albuquerque
metro area, Bernalillo county or in the State of New Mexico. Include the Company name, address, contact name,
and telephone & fax number, and e-mail address. Do not state CNM as a reference.
• EXHIBIT J: Small and Small Disadvantage Business Certification Form (for Bid).
Retain all remaining pages for your files. Technical questions concerning the requirements of the end user should be directed
to CNM’s buyer.
NOTE: Bid security and Subcontractor listing are statutory requirements.
METHOD OF AWARD FOR THE BID
CNM will to award three (3) to six (6) Purchase Agreements (PA’s) to the lowest responsible bidders based on the bid
responses submitted on Project # 1, “Communications Cable Installation for CNM Wireless Network Overlay.” The
awarded PA contractor with the lowest bid for project #1 will receive a purchase order for that project. All Contractors
with awarded PA’s will provide quotations for future projects in accordance with the RFB.
METHOD OF AWARD PER PROJECT:
The low bid contractor will be awarded projects unless the contractor’s capacity is overextended. The over extension will
be defined in one of three (3) ways:
1. The projects will cause the contractor to exceed his bonding capacity.
2. If two or more projects under contract are behind on an approved schedule.
3. In the Contractor’s own opinion (Contractor provides written justification why refusing additional projects).
In the case of over extension, the second lowest bid will be awarded the project. If the second lowest bid is overextended
the project will be awarded to the third lowest bid.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
SECTION F: INSURANCE REQUIREMENTS
CERTIFICATES OF INSURANCE
The Contractor shall furnish CNM 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 CNM copies of limits. The Certificates of Insurance shall be in the form of AIA Document G-705 or
similar format acceptable to CNM. Such certificates shall be filed with CNM 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 CNM."
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 subsubcontractor 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 $200,000 for property damage for a total maximum
liability of $1,150,000 per occurrence.
CONTRACTOR'S VEHICLE LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contact Vehicle Liability Insurance coverage "equal to the maximum
liability amounts set forth in the New Mexico Tort Claims Act Section 41-1-1 et. seq. NMSA 1978". The insurance must remain in force
for the life of the contract including all contract extensions or renewals. The limits effective July 1, 1992 are:
Bodily Injury :
Property Damage:
$750,000. Each Occurrence
$200,000. 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 CNM.
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.
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BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
SECTION G: CHANGE ORDER TERMS AND CONDITIONS
The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the additional work or
work to be deleted. This proposal will be itemized for the various components of Work and segregated by labor,
material, and equipment. CNM will require itemized change orders and contractor pricing certifications on all Change
Order proposals from the Contractor, subcontractors, sub-subcontractors regardless of tier, and major material
suppliers. Details to be submitted will include a material and labor quantity take-off and related pricing information
and extensions (by drawing if applicable).
CHANGES IN THE WORK
1. GENERAL
1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change
Order, or an Order for a minor change in the Work as issued by CNM, subject to the limitations stated in SECTION G and
elsewhere in the Contract Documents.
1.2 A Change Order shall be based upon agreement among CNM and Contractor; an order for a minor change in the Work may be
issued by CNM alone.
1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed
promptly, unless otherwise provided in the Change Order, or order for a minor change in the Work issued by CNM.
CHANGE ORDERS
2.
Modification Change Request: A Modification Change Request (“MCR”) is a form which initiates the change order process. The
MCR is form which is provided to the Contractor by CNM. The MCR shall be completed and signed by CNM and Contractor
prior to the Contractor starting work on any proposed change order. The MCR is utilized for the purpose of authorizing work prior
to the execution of a fully completed change order.
3.
A Change Order is a written instrument prepared by CNM, and signed by CNM and the Contractor, stating their agreement upon
all of the following:
a) change in the Work;
b) the amount of the adjustment, if any, in the Contract Sum; and
c) the extent of the adjustment, if any, in the Contract Time.
4. Every Change Order in excess of $3,000.00 or three day extension shall be initiated by an agreement by CNM and Contractor to a
Modification Change Request (MCR) on the form provided by the CNM. An MCR is a form which initiates the Change Order
process. The MCR is a form which is provided to the Contractor by CNM. The MCR shall be completed and signed by CNM and
Contractor prior to Contractor starting work on any proposed Change Order. The MCR is a written document utilized for the
purposes of authorizing work prior to the execution of a fully completed Change Order Document.
5. Methods used in determining adjustments to the Contract Sum may include:
a) Price Plus proposal; or
b) unit price proposal as defined in the following provisions.
5.1 Price Plus Change Order Proposals
5.1.1
The Contractor will submit a properly itemized Price Plus Change Order Proposal covering the additional work or work
to be deleted. This proposal will be itemized for the various components of Work and segregated by labor, material, and
equipment using the attached Change Order Forms. CNM requires itemized change orders and contractor pricing
certifications on all Change Order proposals over $3,000.00 from the Contractor, subcontractors, sub subcontractors
regardless of tier, and major material suppliers. Details to be submitted will include a material and labor quantity take off
and related pricing information and extensions (by drawing if applicable). Upon final approval of the MCR, the
Contractor shall perform such authorized extra Work at actual cost for direct labor (working foremen, journeymen,
apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to perform the extra Work, and actual
cost of rental of major equipment (without any charge for administration, clerical expense, general supervision or
superintendence of any nature whatsoever, including general foremen, or the cost or rental of small tools, minor
equipment, or plant) plus the approved Markup Percentage Fee. CNM and Contractor shall agree in advance in writing
on a maximum price for this Work and CNM shall not be liable for any charge in excess of the maximum.
38
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
5.1.2
Labor: Estimated labor costs to be included for self performed Work shall be based on the actual cost per hour paid by
the Contractor for those workers or crews of workers whom the Contractor reasonably anticipates will perform the
Change Order Work. Estimated labor hours shall include hours only for those workmen and working foremen directly
involved in performing the Change Order Work. Supervision above the level of working foremen (such as general
foremen, superintendent, project manager, etc.) is considered to be included in the agreed upon Markup Percentage Fee.
5.1.3
Labor Burden: Labor burden allowable in Change Orders shall be defined as employer's net actual cost of payroll taxes
(FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits, and net actual cost to employer
for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts,
dividends, rebates, expense constants, assigned risk pool costs and assigned risk rebates. Contractor shall reduce their
standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual
maximum wages subject to payroll taxes. Labor burden shall not be considered to include costs of small tools,
comprehensive general liability insurance, auto insurance, or umbrella insurance all of which shall be considered covered
by the Markup Percentage Fee.
5.1.4
Material: Estimated material Change Order prices shall reflect the Contractor's reasonably anticipated net actual cost for
the purchase of the material needed for the Change Order Work. Estimated material prices shall reflect the Contractor's
reasonably anticipated cost reductions due to available trade discounts and/or volume rebates.
5.1.5
Equipment: Allowable Change Order estimated costs may include appropriate amounts for rental of major equipment
specifically needed to perform the Change Order Work (defined as tools and equipment with an individual purchase cost
of more than $750). However, the aggregate rentals chargeable for any one piece of equipment shall be limited to 75% of
its fair market value at the time the Change Order is priced.
5.1.6
Markup Percentage Fee: With respect to Price Plus Change Order Proposals, the Markup Percentage Fee to be paid to
any Contractor (regardless of tier) on self performed work shall be a single markup percentage not to exceed 15% of the
net amount of (1) direct labor and allowable labor burden costs applicable to the Change Order or extra Work; (2)
material and equipment incorporated into the change or extra Work, and (3) rental cost of major equipment necessary to
complete the change in the Work.
5.1.7
The Markup Percentage Fee to be paid to any Contractor (regardless of tier) on any Subcontractor Work shall be a single
percentage not to exceed 5% of the total allowable cost of sublet Work.
5.1.8
Sales and use tax (if applicable) shall not be subject to any Markup Percentage Fee. Any sales or use tax properly payable
by the Contractor shall be added after computing the Change Order amount before tax.
5.1.9
As a further clarification, the agreed upon Markup Percentage Fee is intended to cover the Contractor's profit and all
indirect costs associated with the Change Order Work. Items intended to be covered by the Markup Percentage Fee
include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind; project
management; superintendents, general foremen; engineering; coordination; expediting; purchasing; detailing; legal,
accounting, data processing or other administrative expenses; shop drawings; permits; general liability and excess
umbrella insurance; pick-up truck costs. The cost for the use of small tools is also to be considered covered by the
Markup Percentage Fee. Small tools shall be defined as tools and equipment (power or non power) with an individual
purchase cost of less than $750).
5.1.10
The application of the markup percentages referenced in the preceding Subparagraphs 5.1.7 and 5.1.8 will apply to
additive Change Orders. In those instances where changes involved both additive and deductive work, the additions and
deductions will be netted and the markup percentage will be applied to the net additive amount.
5.1.11
In no event will any amounts for "contingency" be allowed to be added as a separate line item in change order estimates.
Variables attributable to labor hours will be accounted for when estimating labor hours anticipated to do the work.
5.1.12
The Contractor's proposals and proposed MCR for changes in the Contract Sum or Contract Time shall be submitted
within seven (7) calendar days of the CNM's request, unless CNM extends such period of time due to the circumstances
involved. If such proposals are not received in a timely manner, if the proposals are not acceptable to CNM, or if the
changed Work should be started immediately to avoid damage to the Project or costly delay, CNM may direct the
Contractor to proceed with the changes without waiting for the Contractor's proposal. Such directions to the Contractor
39
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
by CNM shall be confirmed in writing. The cost, credit, and time extensions, if any, will be determined by negotiations as
soon as practicable thereafter and incorporated in a Change Order to the Contract.
5.1.13
Contractor agrees that it is responsible for submitting accurate cost and pricing data to support its Price Plus Change
Order Proposals or other contract price adjustments under the Contract containing the information identified on the
attached Change Order or Modification Change Request Forms. Contractor further agrees that it will certify that to the
best of his knowledge and belief, the cost and pricing data submitted was accurate, complete, current and in accordance
with the terms of the Contract with respect to pricing of Change Orders. Contractor will also further represent that he has
made reasonable good faith inquiries to appropriate individuals within his organization to confirm that the data submitted
was accurate, complete and current. It is agreed that such certifications will be required for all contract price adjustments.
The Contractor shall provide backup documentation or Contractor will not be paid for the changed work. The Contractor
shall not bill or invoice for changed work until the formal Change Order is agreed to and executed by CNM and
Contractor.
5.1.14
Contractor also understands that CNM has the right to audit the Contractor's records to verify the accuracy and
appropriateness of the pricing data used to price Change Order Proposals. Even after a Change Order Proposal has been
approved, Contractor agrees that if it is later determined by audit or otherwise that the cost and pricing data submitted
was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of Change
Orders; then an appropriate Contract Sum revision will be made.
5.1.15
Contractor also agrees that it will incorporate the provisions of this Subparagraph 5.1 into all agreements with
subcontractors and major material suppliers. It is understood that the Change Order, pricing terms outlined in this
Subparagraph 5.1 will apply to Contractor, all Subcontractors, all sub subcontractors and all major material suppliers,
unless specific modifications are approved in advance by CNM and documented in a written amendment to this Contract.
5.1.16
Contractor agrees to provide and require all subcontractors to provide labor and labor burden cost and pricing
information as outlined in the Change Order and MCR Forms. This information will be used to evaluate the potential cost
of labor and labor burden related to Change Order Work. It is intended that this information represent the Contractor's
best estimate of its actual costs at the time the estimate is presented. It is anticipated that this information or similar cost
and pricing data may be used from time to time for the pricing of Change Orders. This information is not intended to
establish fixed billing or Change Order pricing labor rates. At the time Change Order or MCR are priced, CNM and
Contractor may agree to use the submitted data to price Change Order Work. It is intended for all such pricing data to be
subject to audit and adjustment at a later date if the information was not accurate and in accordance with the Contract
terms.
5.2 Unit Price Change Order Proposals
5.2.1
As an alternative to Price Plus Change Order Proposals, CNM may choose the option to use Contract Unit Prices, if unit
prices are stated in the Contract Documents. The Contractor will submit within seven (7) calendar days after receipt of
CNM's written request for a Unit Price Proposal, a written Unit Price Proposal itemizing the quantities of each item of
Work for which there is an applicable Contract Unit Price on the attached Change Order Forms. The quantities must be
itemized in relation to each specific contract drawing. Contract Unit Prices will be applied to net differences of quantities
of the same item. Such Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing and
installing the item including the Contractor's Markup Percentage Fee.
5.3 MINOR CHANGES IN THE WORK
5.3.1
CNM will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension
of the Contract Time and not inconsistent with the intent of the Contract Documents as directed by CNM. Such changes
shall be effected by written order and shall be binding on CNM and Contractor. The Contractor shall carry out such
written orders promptly.
40
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
SECTION H: CNM MODIFICATION CHANGE REQUEST (MCR) AND CHANGE
ORDER FORMS
Project Name: CNM _____________________________________________________________________________________________________
Contract Date: _______________________________________________ Current Date: ______________________________________________
CNM PO# _____________ MCR Log Number: _____________________
Contractor: ________________________
Project A/E: ____________________________
CNM Project Manager: _________________________
Phone: (_____) _________________________
Who Has Requested Work Be Done:
Initial _____________
(ie, contractor, subcontractor, CNM, etc.)
Description and reason for Change:
First why, then how
Attachment(s)
Yes
No____
Requested Time Adjustment: _______ Days
Reasons for changes: Field Conditions ______
CNM Request ______
A/E Error/Omission ______
Regulatory ______
Other ______
(The Project Manager as well as the Purchasing Director must approve change requests that exceed $3,000.00. Note: Any change requests
that involve time extensions beyond three (3) days shall require signature of Purchasing Director.)
Contractors Cost: (Include backup.)
Not-to-exceed Amount $___________
Initial__________
(CNM Project Manager)
(Includes all parts, labor, material, equipment, overhead, markup, insurance, etc.)
Date ______________
______ Do Not Proceed
_______ Proceed with Estimate of Construction Costs Only!
_______ Proceed with the Work, Change Order Documents to Follow, A.S.A.P.!
Change orders must be submitted using change order forms. No change orders shall be binding upon CNM unless signed by the CNM
Purchasing Director. Change orders in excess of $100,000.00 are not binding upon CNM unless also signed by the CNM Comptroller and the
CNM Vice President for Administrative Services. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders
exceeding $3,000.00. CNM reserves the right to request supporting documentation for change orders less than $3,000.00. Actual invoices,
payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Modification Change Request to be submitted with five (5) originals.
CNM - Review of Content and/or Feasibility:
____________________________
Contractor
__________
Date
_______________________________
CNM Executive Director of Facilities
___________
Date
____________________________
Architect/Engineer
___________
Date
________________________________
CNM Buyer
____________
Date
_________________________
CNM Project Manager
__________
Date
________________________________
CNM Director of Purchasing
____________
Date
41
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CENTRAL NEW MEXICO COMMUNITY COLLEGE
525 BUENA VISTA SE
ALBUQUERQUE, NM 87106
CHANGE ORDER FORM
Project Name: CNM __________________________________________________________
Contract Date: ______________
Project No. ________________
CNM Project Manager: _____________________________
Phone: (______) ______________________
Change Order No. _______
P.O. No. _________
Contractor: ________________________
Project A/E: ______________________________
Notice to Proceed: ________________________________
******************************************************************************************
Original Contract Amount
Net Change by Previous Change Order
Total Contract Amount by Previous Change Orders
Net Change This Change Order
Contract Sum to Date
$______________________
$______________________
$______________________
$______________________
$______________________
Original Contract Time (Consecutive Calendar Days)
Previous Contract Time
Adjustment This Change Order
Revised Contract Time
____________________days
____________________days
____________________days
____________________days
Original Completion Date
Previous Completion Date
Revised Completion Date
_______________, 200____
_______________, 200____
_______________, 200____
CHANGE ORDER DESCRIPTION:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Reason for Change(s): Field Conditions ________CNM Request
Emergency ________
________A/E Oversight
________Regulatory
________Other _________
In accordance with the contract between Central New Mexico Community College (Owner) and _______________________________________
(Contractor) dated ___________________________, 200______, this document inclusive of the attached pricing worksheets constitutes a binding contractual
modification and comprises the total compensation due to the Contractor for the work and contract time defined in this change order. This change order consists of
this page and all attachments, which have been given consecutive page numbers. Supporting documentation is required, i.e. quotes, invoices, etc., for change
orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than $3,000.00. Actual invoices, payroll reports,
quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
(mm/dd/yy)
Submitted by Contractor:_____________________________________________________________________
Date: ___________________
Submitted by Architect:_____________________________________________________________________
Date: ___________________
Reviewed by CNM Project Manager:_________________________________________________________
Date: ___________________
Approved by CNM Director of Purchasing & Mats Mgt : _________________________________________
Date: ___________________
Approved by CNM Comptroller:______________________________________________________________
Date: ___________________
Approved by CNM VP Administrative Services: _______________________________________________
Date: ___________________
No change orders shall be binding upon CNM unless signed by the CNM Purchasing Director. Change orders in excess of $100,000.00 are not binding upon CNM
unless also signed by the CNM Comptroller and the CNM Vice President for Administrative Services.
42
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION
Project Name: CNM ______________________________________________________________________
Change Order No. _________________________________ P.O. No. __________________________
Contractor Name: _________________________________________ Phone No. (____) __________________
CONTRACTOR’S SUMMARY OF COSTS
Contractors Labor: (Work Performed by Contractor’s Employees)
Job Class ___________________ No. of hours __________ Hourly Rate: _____________ =
Labor Burden _________%
$_______________
=
$_______________
Job Class ___________________ No. of hours __________ Hourly Rate: _____________ =
$_______________
Labor Burden _________%
=
$_______________
Job Class ___________________ No. of hours __________ Hourly Rate: _____________ =
$_______________
Labor Burden _________%
=
Labor Total:
$_______________
$____________________
Material Costs:
$____________________
Equipment Costs:
$____________________
Total Direct Costs:
$____________________
Overhead & Profit:
________________%
$____________________
Subtotal:
$____________________
Subcontractor’s Costs:
$____________________
Contractor’s Overhead & Profit on Subcontractor Work: ________________%
$____________________
Subtotal:
Bond Premium:
________________%
$____________________
$____________________
TOTAL COST:
$____________________
The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the
submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which
CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of
submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is
required, i.e. quotes, invoices, etc., for change orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than
$3,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Signature________________________________________________________
Title_______________________________________
Name Typed____________________________________________________________________ Date________________________
Company___________________________________________________________________________________________________
Address____________________________________________________________________________________________________
City/State/Zip_______________________________________________________________________________________________
43
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION
Project Name: CNM ________________________________________________________________________
Change Order No. ________________________________ P.O. No. __________________________________
Contractor Name: ________________________________________ Phone No. (____) ___________________
******************************************************************************************
CONTRACTOR’S LABOR BURDEN BREAKDOWN
Work Performed by Contractor’s Employees:
Job Class ___________________________
Hourly Rate: _______________________
Union benefits:
Net Actual Cost to Employer for Employee Union Benefits……………………………….__________%
Payroll Taxes:
FICA………………………………………………………………………………………..___6.2_____%
Medicare……………………………………………………………………………………___1.45____%
State Unemployment Tax…………………………………………………………………..__________%
Federal Unemployment Tax………………………………………………………………..__________%
Insurance:
Worker’s Comp. Insurance…………………………………………………………………__________%
General Liability Insurance…………………………………………………………………__________%
TOTAL:
______________________%
******************************************************************************************
The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the
submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which
CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of
submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is
required, i.e. quotes, invoices, etc., for change orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than
$3,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Signature________________________________________________________ Title_____________________________________
Name Typed____________________________________________________________________ Date________________________
Company___________________________________________________________________________________________________
Address____________________________________________________________________________________________________
City/State/Zip_______________________________________________________________________________________________
*This form should be submitted for each Job Class
44
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION
Project Name: CNM ______________________________________________________________________
Change Order No. ________________________________ P.O. No. _______________________________
Contractor Name:_________________________________________ Phone No. (____) __________________
******************************************************************************************
CONTRACTOR’S MATERIAL COSTS
Item
Qty
Unit Price
Ext. Price
Discount
Total Cost
* Above pricing information is developed or based upon: ____________________________________________________________
(Attach supporting documentation if required)
TOTAL: $
******************************************************************************************
The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the
submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which
CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of
submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is
required, i.e. quotes, invoices, etc., for change orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than
$3,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Signature________________________________________________________ Title_______________________________________
Name Typed___________________________________________________________________ Date________________________
Company___________________________________________________________________________________________________
Address____________________________________________________________________________________________________
City/State/Zip_______________________________________________________________________________________________
45
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION
Project Name: CNM _______________________________________________________________________
Change Order No. ________________________________ P.O. No. _______________________________
Contractor Name:_________________________________________ Phone No. (____) __________________
******************************************************************************************
CONTRACTOR’S EQUIPMENT COSTS
Item
Qty
Unit Price
Ext. Price
Discount
Total Cost
* Above pricing information is developed or based upon: ____________________________________________________________
(Attach supporting documentation if required)
TOTAL: $
******************************************************************************************
The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the
submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which
CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of
submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is
required, i.e. quotes, invoices, etc., for change orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than
$3,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Signature________________________________________________________ Title_______________________________________
Name Typed___________________________________________________________________ Date________________________
Company___________________________________________________________________________________________________
Address____________________________________________________________________________________________________
City/State/Zip_______________________________________________________________________________________________
*This form may only be submitted for rental or major equipment with an individual purchase cost of more than $750.
46
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION
Project Name: CNM _______________________________________________________________________
Change Order No. _________________________________ P.O. No. __________________________
Contractor Name: _________________________________________ Phone No. (____) __________________
******************************************************************************************
SUBCONTRACTOR’S SUMMARY OF COSTS
Subcontractors Labor: (Work Performed by Subcontractor’s Employees)
Job Class _________________ No. of hours __________ Hourly Rate: _____________ = $_______________
Labor Burden _________%
= $_______________
Job Class _________________ No. of hours __________ Hourly Rate: _____________ = $_______________
Labor Burden _________%
= $_______________
Job Class __________________No. of hours __________ Hourly Rate: _____________ = $_______________
Labor Burden _________%
= $_______________
Labor Total: $_________________________
Material Costs:
$_________________________
Equipment Costs:
$_________________________
Total Direct Costs:
$_________________________
Overhead & Profit:
________________%
$_________________________
$_________________________
TOTAL PROPOSAL:
******************************************************************************************
The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the
submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which
CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of
submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is
required, i.e. quotes, invoices, etc., for change orders exceeding $3,000.00. CNM reserves the right to request documentation for change orders less than
$3,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by CNM to support the not to exceed amount of change order.
Signature________________________________________________________ Title_______________________________________
Name Typed____________________________________________________________________ Date________________________
Company___________________________________________________________________________________________________
Address____________________________________________________________________________________________________
City/State/Zip_______________________________________________________________________________________________
47
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT A: SCOPE OF WORK FOR PROJECT #1 FOR BID #T-2752
PROJECT 1: Communications Cable Installation for CNM Wireless Network Overlay
As noted above, CNM will select three (3) to six (6) low bid technically qualified contractors based on the bid
responses to this project.
This project consists of up to 327 access point locations within twenty (20) buildings located on four (4) campuses –
Main, Montoya, Westside and Workforce Training Center located in Albuquerque NM. This RFB also includes the
mounting of up to 327 pre-configured access points that will be provided by CNM.
Schedule of Events:
The following is the required schedule of events for this project. The schedule may change depending on the results of the
responses and a final schedule will be established prior to contracting with the successful Vendor.
Event
1. Release of RFQ to Bidders
2. Bidders’ Conference
3. Site Survey
4. Response from Bidders
5. Evaluation of Responses
6. Contract Award
7. Written Notice to Proceed
8. Installation Start
9. Substantial Completion
10. End-to-End Testing
11. Review of Testing
12. Final Punch List
13. Acceptance by CNM
Date
March 27, 2009
April 3, 2009
April 3, 2009
April 10, 2009, 4PM MDT
April 17, 2009
April 24, 2009
May 1, 2009
5/1/08
8/29/08
Upon completion of each building or Campus
Upon completion of each building or Campus
9/02/08
10/02/08
Mandatory Bidders’ Conference and Site Survey:
A Bidders’ Conference and Site Survey will be held on April 3, 2009. Bidders shall meet at CNM’s Purchasing
Department, 525 Buena Vista Drive SE, Building A, Room 128 at 10AM MDT.
Campuses, buildings and estimated number of drop locations for each building included in the scope of this project are as
follows:
Main Campus (MAIN) – 525 Buena Vista SE
Administration Building (A)
Pre-1995 Est. 15 drop locations
North Building (N)
Pre-1995 Est. 18 drop locations
East Building (E)
Pre-1995 Est. 6 drop locations
West Building (W)
Pre-1995 Est. 6 drop locations
Main Building (M)
Pre-1995 Est. 3 drop locations
Jeanette Stromberg Hall (JS) Pre-1995 Est. 30 drop locations
L Building (L)
Pre-1995 Est. 15 drop locations
Ted Chavez Hall (TC)
Pre-1995 Est. 28 drop locations
Trades Building (T)
Pre-19995 Est. 9 drop locations
Physical Plant Building (PPD) Post-1995 Est. 9 drop locations
Student Services Center (SSC) Pre-1995 Est. 18 drop locations
TC Portables (TC 141-152) 7 – portable building units adjacent to TC
48
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
ST Portables (ST 10-24 & 101) 9 – portable building units between KC & PPD
Early College Academy (ECA) 4 – portable building units West of University
(Estimate one (1) drop location per portable)
Main Campus Outdoor Areas
Pasuela (PAS Pedestrian walkway from MS to JS) Est. 9 drop locations
North Campus Courtyard (NCT)
Est. 6 drop locations
South Campus Courtyard (SCT)
Est. 3 drop locations
Montoya Campus (JMMC) – 4700 Morris Ave. NE
Tom Wiley Hall (TW)
Pre-1995 Est. 6 drop locations
H Building (H)
Pre-1995 Est. 9 drop locations
K Building (K)
Pre-1995 Est. 15 drop locations
J Building (J)
Pre-1995 Est. 21 drop locations
I Building (I)
Post-1995 Est. 18 drop locations
G Building (G)
Pre-1995 Est. 3 drop locations
Westside Campus (WSC) – 10549 Universe Blvd. NW
Westside Phase I (WSPI)
Post-1995 Est. 32 drop locations
Westside Portables (WT)
2 – portable building units adjacent to WSPI
(Estimate one (1) drop location per portable)
Workforce Training Center (WTC) – 5816 Isleta Blvd. SW
Workforce Training Center (WTC) Post 1995 Est. 26 drop locations
Estimated Total Drop Locations = 327
Scope of Work Specific to PROJECT 1: Communications Cable Installation for CNM Wireless Network Overlay
In addition to the Common Scope of Work the following shall be required:
Access Point Locations:
Access point locations have been determined by a survey. Specific mounting locations are indicated in the provided
construction documents. The survey was conducted by an independent contractor that is responsible for wireless
equipment implementation. It is a requirement of the wireless equipment implementation contractor to locate all access
points in locations that are readily accessible for both cabling and maintenance requirements.
Project Goals:
Technical Specifications:
A. PART 1 - GENERAL
1.
SUMMARY – No project specific requirements.
2.
REFERENCES - No project specific requirements.
3.
PERMITS, FEES, AND CERTIFICATES OF APPROVAL - No project specific requirements.
4.
SYSTEM DESCRIPTION
a.
For the purpose of providing network connectivity, the typical Access Point Drop Location shall consist of a singlegang plate with two standards compliant work area outlets typically mounted to structural steel (“red iron”) above the
49
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
ceiling.
b.
Access Point Drop Locations shall be positioned within 15 feet of the Access Point Mounting Location and positioned
to be reasonably accessible for maintenance.
c.
One Access Point Drop Location shall consist of two (2) four-pair Category 6 UTP cables, installed from the Access
Point Drop Location to the designated ER/TR. Data cables shall be terminated on wall or rack mounted modular patch
panels determined as follows:
d.
Access points shall be mounted as per manufacturer’s and CNM’s implementation mounting instructions. Specific
locations shall be determined by the survey produced by the implementation contractor. Access Points and mounting
hardware shall be provided by CNM. Typical interior Access Point installations shall be attached to standard lay-in
ceiling grids. Details for non-typical Access Point installations shall be field coordinated by the Contractor and CNM’s
Construction Manager.
e.
Specific installation requirements and mounting hardware for exterior Access Points and antennas shall be provided by
CNM as determined by CNM’s wireless implementation contractor. Details for exterior Access Point installations shall
be field coordinated by the Contractor and CNM’s Construction Manager.
5.
SUBMITTALS - No project specific requirements.
6.
QUALITY ASSURANCE - No project specific requirements.
7.
WARRANTY - No project specific requirements.
8.
DELIVERY, STORAGE, AND HANDLING - No project specific requirements.
9.
SEQUENCE AND SCHEDULING - No project specific requirements.
10. USE OF THE SITE - No project specific requirements.
11. CONTINUITY OF SERVICES - No project specific requirements.
B. PART 2 - PRODUCTS
1.
MANUFACTURERS
a.
CNM’s CISM, provides product specifications and manufacturers that shall be used in CNM projects..
b.
*CNM’s CISM, Sections 270528, 271119, 271500, 271513 & 271543 provide products of manufacturers that shall be
used in this project. Sections 270528, 271119, 271500, 271513 & 271543 of the CISM cover the majority of work
involved in this project, however other sections of the CISM may be applicable as well.
c.
Where no manufacturer is specified, provide products of manufacturers in compliance with requirements.
2.
FABRICATION - No project specific requirements.
3.
SUITABILITY - No project specific requirements.
4.
DATA STATION CABLE (Copper Patch Cords) - No project specific requirements.
6.
DATA ONLY WORK AREA OUTLET - No project specific requirements.
6.
TERMINATION BLOCKS - No project specific requirements.
7.
PATCH PANELS - No project specific requirements.
50
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
8.
SPARE CAPACITY - No project specific requirements.
9.
EXTRA MATERIAL - No project specific requirements.
10.
WIRELESS COMMUNICATIONS
a.
All wireless access points shall be installed as per locations and mounting instructions provided in the construction
documents.
b.
All wireless access points shall be positioned so as to avoid sources of EMI and RFI
c.
All wireless access points shall be placed to be aesthetically compatible With their environment
d. All wireless access point enclosures shall be UL Listed for use within a plenum space
C. PART 3 EXECUTION
1.
PRE-INSTALLATION SITE SURVEY - No project specific requirements.
2.
HANDLING AND PROTECTION OF EQUIPMENT AND MATERIALS - No project specific requirements.
3.
PROTECTION OF CNM’S FACILITIES - No project specific requirements.
4.
INSTALLATION
a.
CISM Sections 270500, 270528, 270553, 271119, 271500, 271513 and 271543 address the primary
activities to be performed within this statement of work. Each section of the CISM references other related
sections. The sections listed here are intended to assist the Contractor in locating applicable installation
information within the CISM and are not intended to limit the Contractor’s responsibility of adhering to
the CISM in its entirety.
END OF SECTION
Reference the attached drawings:
51
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT B: RESPONSE FORM
PROJECT #1, “Communications Cable Installation for CNM Wireless Network Overlay”
BID #T-2752
Company name _____________________________________
Residential Preference number:_________________________
The following is an example of an average general construction project and will be used to evaluate bids. Description of
Project:
BID FOR LUMP SUM CONTRACT
Date of Bid (Month, date and year):______________________________________________________________
Central New Mexico Community College (CNM) Project name: Communications Cable Installation for
CNM Wireless Network Overlay.
Company name______________________________________________________________________________
(hereinafter refered to the “Bidder”) organized and existing under the laws of the State of ____________________
New Mexico State Contractor’s License No._____________________________
The undersigned, as an authorized representative for the Bidder named above, in compliance with the
Advertisement for Bid #T-2752, On Demand Structured Data Communications Cabling Services, having examined
the drawings and specification, with related documents, and having examined the site of the proposed work, and
being familiar with all of the conditions surrounding the implementation of the proposed project, including the
availability of labor, materials and supplies, hereby proposes to furnish all labor, materials and supplies, and to
construct the project in accordance with the contract documents at the price(s) stated below. These prices are to
cover all expenses incurred in performing the work required under the contract documents, of which this Bid is a
part.
The undersigned Bidders’ representative also acknowledges receipt of the following Addenda:
Addendum No. ______, dated ____________, Addendum No. ______, dated ____________
Addendum No. ______, dated ____________, Addendum No. ______, dated ____________
BASE BID: The Bidder agrees to perform all work for the implementation of, PROJECT 1: Communications
Cable Installation for CNM Wireless Network Overlay, as described in the Project Manual and as shown on the
Drawings of the following lump sum . Amounts to be shown in both words and figures. In case of a discrepancy,
the amount shown in words will govern, please print. All sums will exclude New Mexico Gross Receipts Tax
(NMGRT).
Total Base Bid Lump Sum:____________________________________________________________________
(written)
____________________________________, Dollars, ($_____________________________________________).
52
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT B: RESPONSE FORM
PROJECT #1, “Communications Cable Installation for CNM Wireless Network Overlay”
BID #T-2752
The Bidder understands that the contractor will be awarded in accordance with the provisions of the Instructions to
Bidders and that the CNM reserves the right to reject any or all bids and to waive any formalities in the bidding.
The Bidder aggress that this bid will be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
Upon receipt of written notice of acceptance of this bid, Bidder will execute the Performance and Payment Bonds
as required per Section A, prior to the commencement of work, or within 14 days of the award, whichever is
soonest, and must reference this Request for Bids Number on the face of the documents .
The BID SECURITY (over $25,000.00) attached in the sum of five percent (5%) of the bid amount
is:________________________________________________________________________________________
(written)
($_____________________________________________) and will become the property of CNM in the event
(figure)
the contract and bonds are not executed within the time set forth herein, as liquidated damages for the delay and
additional expenses to CNM caused thereby.
Respectfully Submitted,
By:__________________________________________________ Date:_______________________________
(Authorized Signature)
By (same name, printed or typed):______________________________________________________________
Title:______________________________________________________________________________________
Company:__________________________________________________________________________________
Address:____________________________________________________________________________________
City:_________________________________________, State:______________, Zip Code:__________________
Telephone number:_____________________________ Fax number:___________________________________
E-mail address: ______________________________________________________________________________
NOTE: Bid dollar figures must be submitted in alpha and numeric form. In case of a discrepancy between
the two, alphabetic will take precedence over numeric.
53
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT E: RESPONSE FORM FOR PARTS/MATERIALS & EQUIPMENT PRICING
FOR BID #T-2752
Company name ___________________________________
Due to the variety of parts/materials and equipment which will be required under this contract and the need for auditor
trackable charges, bidder must be prepared to submit detailed invoices for proof of contract compliance.
Materials and rented equipment will be provided at contractor's cost, plus quoted percentage overhead factor. Materials
over $500.00 will require documentation attached to invoices clearly indicating contractors actual Price Plus quoted
overhead percentage. Contractor shall also be prepared to substantiate charges of items under $500.00 should audit
require verification. Note that zero percent (0%) mark-up is a valid quote for either materials or equipment rental.
CNM reserves the right to negotiate additional discounts at any time during the life of the contract should it occur that a
bulk quantity is required for any reason.
Parts/Materials
Item
QTY Description
Unit Price
Discount
Extended
Discounted Price
Equipment Rental
Item
QTY Description
Unit Price
Discount
Extended
Discounted Price
Attach a copy of your equipment rental inventory, if applicable, and quote a price per hour, day, and week for use of
the equipment on CNM projects.
LABOR PRICING
Overtime/holiday rates will be allowable only in emergency situations and only with prior approval of the
CNM Project Manager or designee. Define in the provided space your company's policy on overtime payment
(over 40 hours over 8 hours, etc.)
If your firm has an apprenticeship program, discuss the program you have. Said program must be registered with
the State of New Mexico. Identify the number of periods and the percentages of journeyman rates which apply.
Invoices will identify apprentices and bill at the quoted rates.
54
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT F: CONTRACTOR QUALIFICATIONS STATEMENT FOR BID #T-2752
Business name & address:
______________________________________________
Telephone number: __________________________
_____________________________________________
Fax number #: ____________________________
_____________________________________________
Federal Tax ID ____________________________
How long have you operated under this company name? ____________Years____________Months______________
Under what other or former names has your organization operated? _______________________________________
New Mexico ES-3, ES-7 or EE-98 License Number: ___________________________________________________
Other New Mexico License(s) held, and Number(s): ____________________________________________________
Specific scope and class(es) of work allowed under these licenses: _________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
If awarded a contract, the following responses will assist CNM in determining which projects to assign to your firm.
Attach separate sheets if necessary:
1) Are there any judgments, litigations or complaints for cause, proceedings or suits pending against your company or
any of its officers? If so, indicate where, when and why: ______________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
2) Has your company ever failed to complete any work/contracts awarded to it? If yes, note when, where and why:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
3) Has your company ever been found liable for inadequate work? If yes, note when, where and why:
_____________________________________________________________________________________________
55
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
4) Has your company ever been contacted by the New Mexico Registrar of Contractor's Office for any complaints for
cause? If yes, note when, where, and why: ___________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
_____________________________________________________________________________________________
5) Has your company ever performed work of this type for CNM in the past? If yes, note when, where, and what:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
6) The Contractor must have an RCDD® (Registered Communications Distribution Designer) on staff that will be
ultimately responsible for this project.
Full-Time, on-site, RCDD Project Manager name:____________________________________________________
 Yes
 No
RCDD Engineer Resumes Provided:
(NOTE: Failure to submit RCDD Resume(s) may make the offer non-responsive).
7) The project shall be staffed at all times by Installers and Technicians who, in the role of lead crafts-persons, will be
able to provide leadership and technical resources for the remaining crafts-persons on the project. A minimum of 30
percent of personnel shall be BICSI Registered Information Transport Systems Installers. Of that number 15 percent
shall be registered at the Technician Level, at least 40 percent shall be registered at the Installer Level 2, and the balance
shall be registered at the Installer Level 1.
Total number of project staff: __________________________
Total number of Transport System Installers: ______
Total number of installers at Technician Level:_____
Total number of installers at Installer Level 2:_____
Total number of installers at Installer Level 1:_____
Percent of Total Project Staff:___ %
Percent of Total Transport System Installers: ___%
Percent of Total Transport System Installers: ___%
Percent of Total Transport System Installers: ___%
 Yes
 No
BISCI Registrations Provided:
(NOTE: Failure to submit BISCI registrations may make the offer non-responsive).
8) The Contractor must provide a minimum of three (3) reference accounts at which similar work, both in scope and
design, have been completed by The Contractor within the last two (2) years.
 Yes
 No
References Provided:
(NOTE: Failure to submit References may make the offer non-responsive).
56
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT G: SUBCONTRACTORS LISTING FOR BID #T-2752
Company name ___________________________________
Pursuant to Section 13-4-34 of the New Mexico Procurement Code, the listing threshold for this Public Works Project is
established at $5,000.00. Any person submitting a bid shall set forth:
1.
The name and location of the place of business of each subcontractor under subcontract to the contractor who
will perform work or labor or render service to the contractor in or about the construction of the Public Works
Construction Project in an amount in excess of the listing threshold; and
2.
The nature of the work which will be done by each subcontractor. List only one subcontractor for each category
as defined in your bid.
If my proposal is accepted, the following subcontractors may perform work under this contract. (If you do not plan to
utilize subcontractors, write "none").
COMPANY NAME
ADDRESS
NATURE OF THE WORK
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
CNM must be notified of and must approve of any changes of proposed subcontractors) which may occur during the life
of the contract. The general contractor shall be fully responsible for the work of the subcontractors), at any tier, to the full
extent of the requirements of the contract.
Subcontractors: The contractor may subcontract portions of the work to qualified and licensed subcontractors. The
contractor shall be fully responsible for the work of the subcontractors, at any tier, to the full extent of the requirements
of the contract. (Submit list on page 27). Nominal mark-up will be negotiated with each contractor for subcontracted
work to allow for administration I hours for supervising subcontracted work. Any subcontracted work shall be
incidental.
Listing threshold is established as $5,000. Provide the name and location of place of business of each subcontractor who
will perform work or labor or render service to the contractor in or about the construction of this public works
construction project in any amount in excess of $5,000. State also the nature of the work to be done by each
subcontractor. List only one subcontractor for each category as defined by you.
57
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT H: CONTRACTOR’S FIRST TIER SUBCONTRACTOR PAYMENT AND
PERFORMANCE BONDS REQUIREMENTS FOR BID #T-2752
A. Senate Bill 227 (“SB 227”) (effective July 1, 2007) modifies the New Mexico Procurement Code to require that
subcontractors whose contract for work to be performed on a project is One Hundred Twenty Fifty Thousand Dollars
( $125,000) or more are required to provide a payment and performance bond. Contractors performing work on
CNM Projects shall comply with SB 227 as follows:
1. All entities and persons doing business with CNM shall comply with SB 227.
2. Any subcontractors whose work to be performed on a CNM Project is $125,000.00 or more must provide
payment and performance bonds.
3. Subcontractor is defined as a contractor who contracts directly with the general contractor (hereinafter “First Tier
Subcontractor”).
4. CNM requires payment and performance bonds from all First Tier Subcontractors whose contracts, as determined
by their bids submitted on bid day, are $125,000 or more.
5. The First Tier Subcontractor shall include in their payment and performance bond amounts, monies for any
contractors, subcontractors, or suppliers with whom they contract for any CNM Project.
6. The subcontractor payment and performance bonds shall be issued by a corporate surety authorized to do
business in New Mexico in accordance with the New Mexico Insurance Code, shall be sureties listed in the most
current U.S. Treasury Circular 570, and shall name both the prime/general contractor and Albuquerque Technical
Vocational Institute as obligees.
7. The performance and payment bonds required under this section shall be provided to the general contractor at the
time the subcontract is executed. The general contractor is required to provide CNM with certified copies of
payment and performance bonds for all subcontracts of $125,000.00 or more prior to the (general
contractor/subcontractor) starting work on any CNM Project.
8. The payment and performance bond shall be in the amount 100% of the subcontractor’s contract as determined
by the bid submitted by the subcontractor on bid day.
9. The payment and performance bonds required by this section shall be provided at the expense of the
subcontractor, who may include the bond premium in their bid. CNM will not pay additional monies, over and
above the bid amount, for payment and performance bonds.
10. Nothing in this section relieves the general/prime contractor from its obligation to provide payment and
performance bonds pursuant to N.M. Stat. Ann. §§ 13-4-18 and 19, New Mexico’s Little Miller Act.
11. The subcontractor payment and performance bonds required by this section shall be provided on AIA surety bond
forms AIA document A312.
58
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT I: SIGNATURE OF FIRM'S AUTHORIZED REPRESENTATIVE FOR
BID #T-2752
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 Bids, 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 Request for Bids meets or exceeds all
specifications, terms and conditions as described in this Request for Bids 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.
Fill in all spaces below:
Company Name: ________________________________________________________________________________
Address: ______________________________________________________________________________________
City, State, and Zip code number: __________________________________________________________________
Contact Person for Clarification of Bid Response: ______________________________________________________
Telephone Number: _____________________________ FAX Number: ___________________________________
Cell Number: __________________________________ E-mail address: __________________________________
Residential Preference Number (Applies to BIDS over $20,000 only): ______________________________________
NM Tax ID: ___________________________________ Federal Tax ID:__________________________________
Applicable NM License Numbers
Is your firm a "New York state business enterprise"? Yes______ No______ If yes, provide supporting documentation.
Acknowledgment of Amendment/Addendum
Specify Number(s) and Date(s):
#
date
#
date
#
date
#
date
#
date
Printed/Typed Name and Title of Individual Signing: ____________________________________________________
Signature of Member Authorized to Sign for Firm: ______________________________________________________
59
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
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: ___________________________________________________________________________________________
Title: _______________________________________________________________________________________________
Printed/Typed Name: __________________________________________________________________________________
Month/Date and year:__________________________________________________________________________________
Company: ___________________________________________________________________________________________
Address: ____________________________________________________________________________________________
City/State/Zip: _______________________________________________________________________________________
Telephone Number: ____________________________________ Fax Number: ___________________________________
Cell Number: _________________________________________
Email: _______________________________________________
60
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.
EXHIBIT J: SMALL AND SMALL DISADVANTAGED BUSINESS CERTIFICATION
1.0
Small Business - An enterprise independently owned and operated, not dominant in its field and meets employment and/or sales standards
developed by the Small Business Administration. See 13 CFR 121.201
1.a
Small Disadvantaged Business - a Small Business Concern owned and controlled by socially and economically disadvantaged
individuals; and
(1) Which is at least 51% owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned
business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals and
(2) Whose management of daily operations is controlled by one or more such individuals. The contractor shall presume Black Americans,
Hispanic Americans, Native Americans (such as American Indians, Eskimos, Aleuts and Native Hawaiians),
Asian-Pacific Americans
and other minorities or any other individual found to be disadvantaged by the Administration
pursuant to Section 8 (a) of the Small
Business Act and
(3) Is certified by the SBA as a Small Disadvantaged Business.
1.b Women-Owned Business Concern - A business that is at least 51% owned by a woman or women who also control and operate it. Control in this
context means exercising the power to make policy decisions. Operate in this context means being actively involved in the day-to-day
management.
1.c
HUBZone Small Business Concern - A business that is located in historically underutilized business zones, in an effort to increase
employment opportunities, investment and economic development in those areas as detem-lined by the Small Business Administration's
(SBA)
List of Qualified HUBZone Small Business Concerns.
1.d Veteran-Owned Small Business Concern - A business that is at least 51% owned by one or more veterans; or in the case of any publicly owned
business, at least 51% of the stock of which is owned and controlled by one or more veterans and the management and daily business operations
of which are controlled by one or more veterans.
1.e Service Disabled Veteran-Owned Small Business - A business that is at least 51% owned by one or more service disabled veterans; or in the case
of any publicly owned business, at least 51% of the stock of which is owned and controlled by one or more service disabled veterans and the
management and daily business operations of which are controlled by one or more service disabled veterans. Service disabled veteran means a
veteran as defined in 38 U.S.C. 101 (2) with a disability that is service connected as defined in 13 U.S.C 101(16).
___________________________________________________________________________________________________________________________
Company Name: ____________________________________________________
Telephone: __________________________________________
Street Address: _____________________________________________________
County: ____________________________________________
City: _____________________________________________________________
State & Zip: _________________________________________
Is this firm a (please check): ):
 Division
 Subsidiary
 Affiliated?
Primary NAICS Code _________________________________
If an item above is checked, please provide the name and address of the Parent Company below:
Signature and Title of Individual Completing form::_______________________________________________________
Printed/Typed Name:___________________________________________
Check All Categories That Apply:
Date: _______________________________________________________
Please return this form to:
CNM Community College
Purchasing Department
A Bldg, Room A-128
525 Buena Vista SE
Albuquerque, NM 87106
(505) 224-4546 (voice)
(505) 224-4548 (fax)
 1. Small Business
 2. Small Disadvantaged Business (Must be SBA Certified)
 3. Woman Owned Small Business
 4. HUBZone Small Business Concern (Must be SBA Certified)
 5. Veteran Owned Small Business
 6. Disabled Veteran Owned Small Business
 7. Historically Black College/University or Minority Institution
 8. Large Business
NOTE:
This certification is valid for a
one-year period. It is your
responsibility to notify us if your
size or ownership status changes
during this period. After one
year, you are required to recertify with us.
Notice: In accordance with U.S.C. 645(d)., any person who misrepresents a firm's proper size classification shall (1) be punished by imposition of a fine,
imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the
Small Business Act.
If you have difficulty determining your size status, you may contact the Small Business Administration at 1-800-U-ASK-SBA OR 202-205-6618, You may
also access the SBA website at www.sba.gov/size or you may contat the SBA Government Contracting Office at 817-684-530 1. (Rev. 3/8/04)
61
BID #T-2752, Advertised, Friday, March 27, 2009
Copyright CNM, 2009. All rights reserved.