2023-3-B Fire Alarm System Upgrade.pdf

Clovis Community College, Clovis, New Mexico cannot guarantee that due to internal procedures any bids sent Priority Mail will be picked up and delivered by the due date and time.

It is recommended that time critical bid deliveries be made either in person or via an alternate delivery method.

IFB NO.: 2023-3-B

FIRE ALARM SYSTEM UPGRADE

Sealed bids are due to the Purchasing Department PRIOR TO:

WEDNESDAY, FEBRUARY 8, 2023 at 3:00 PM Mountain Time

Bids may be submitted electronically at:

https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege

NO LATE BIDS WILL BE ACCEPTED

For sealed paper submittals: bidders must submit one (1) original and two (2) softcopies of their sealed bid prior to the due date and time. The two (2) softcopies must accompany the original in the sealed bid and can be either CD-ROM, USB Drive, or other media. Failure to submit the required additional copies may result in the bid being deemed unresponsive to the specifications.

https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege

Clovis Community College, Clovis, New Mexico cannot guarantee that due to internal procedures any bids sent Priority Mail will be picked up and delivered by the due date and time.

It is recommended that time critical bid deliveries be made either in person or via an alternate delivery method.

Bidder’s Checklist

To facilitate the award process, bidders are required to submit all documents below with their sealed bids. All submittals will be researched, evaluated and verified by College staff members.

1.

Carefully read and understand the construction documents and construction specifications and properly complete the Bid Form. The bidder binds him/herself on acceptance of this bid to execute a contract and any required bonds, according to the accompanying forms, for performing and complete the said work within the time stated and for the price stated.

2. Bid Form

3. Bid Bond

4. Work History

5.

Safety Record Questionnaire. All “YES” responses must be explained in detail and submitted with sealed bid.

6. Certificate of Insurance

7. Vendor Supplemental Form

8. Resident Business/Contractor, Native American Resident Business/Contractor, Resident Veteran Business/Contractor, Native American Resident Veteran Business/Contractor Certifications o Copy of the valid applicable certificate must be submitted with this form.

9. Campaign Contribution Disclosure Form

10. Conflict of Interest Questionnaire

11. Certification Regarding Debarment and Suspension

12. Environmentally Preferable Purchasing Questionnaire

13. Bidder Acknowledgement Form 14.

15.

List of Sub-Contractors to be used on the project, if applicable New Mexico Public Works and Apprenticeship Program Certification

Clovis Community College Purchasing Department

Clovis Community College appreciates your time and effort in preparing your bid. All bidders should familiarize themselves with the following Instructions to Bidders, General Terms and Conditions, and Specifications.

INSTRUCTIONS TO BIDDERS

1. Bid Delivery, Due Date and Time

a. Clovis Community College is seeking sealed bids for Fire Alarm System Upgrades. Sealed bids (electronic and paper) must be received prior to 3:00 PM Mountain Time, on February 8, 2023. Any bid received after the due date and time will be rejected and returned unopened to the bidder. Each paper bid and supporting documentation must be in a sealed enveloped or container and plainly marked with the Bid No. and Title. Bidder must also include their company name and address on the outside of the envelope of container.

b. Delivery of Sealed Paper Bids:

Mark sealed paper bids: “Bid No. 2023‐3‐B, Fire Alarm System Upgrades”. All bids must be delivered to and received at the following location prior to the due date and time.

Attn: Purchasing Department 417 Schepps Blvd, Room 116 Clovis, New Mexico 88101

c. Bids will be opened and read aloud in Room 120 immediately following the due date and time.

d. Intentionally omitted.

e. Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure the bid will be delivered on time. If the bidder does not hand-deliver their bid, it is recommended the bidder use some sort of delivery service. Clovis Community College assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the due date and time.

f. No bids will be accepted by oral communication, telephone, e‐mail, or facsimile.

g. Bids may be withdrawn prior to the due date and time. Bids cannot be withdrawn, altered or amended after the due date and time.

h. Clovis Community College reserves the right to extend the due date and time through an addendum.

2. Intentionally Omitted

3. Sequence of Events

The Purchasing Department of Clovis Community College will make every effort to adhere to the following schedule:

Action Responsible Party Due Dates

1. Issue IFB College 12/16/2022

2. Pre-Bid Conference (Mandatory) College 1/19/2023

3. Site Visit #2 (Mandatory) College 1/26/2023

4. Deadline to Submit Questions Potential Bidders 2/2/2023

5. Response to Questions College 2/6/2023

6. Submission of Bid Potential Bidders 2/8/2023

7. Selection of PROPOSED Awardee

College 2/8/2023

8. Contract Negotiation PROPOSED Awardee T-34 to T-35

12. Award of Contract College T-54

13. Protest Deadline College +15 days after award

Those events with specified dates are considered as solid, while T+ events are an estimated timeline of events. Due to scheduling and other unforeseen conflicts, this schedule may be condensed or extended. Any changes to dated events will be communicated through an addendum posted on Bidnet. All other changes are at the sole discretion of Clovis Community College and do not require an addendum.

4. Pre-Bid and Site Visit Meetings

a. For the purpose of familiarizing bidders with the requirements and answering questions as needed for clarification, a pre-bid/site visit #1 meeting will be held on Thursday, January 19, 2023 at 9:00 AM Mountain Time in Room 120 at Clovis Community College, 417 Schepps Blvd., Clovis, NM 88101. All persons attending the meeting will be required to sign in and identify the prospective bidder they are representing.

b. For the continued purpose of familiarizing bidders with the requirements and answering questions as needed for clarification, site visit #2 will be held on Thursday, January 26, 2023 at 9:00 AM Mountain Time in Room 120 at Clovis Community College, 417 Schepps Blvd., Clovis, NM 88101. All persons attending the meeting will be required to sign in and identify the prospective bidder they are representing.

c. It is the bidder’s responsibility to attend a minimum of one of these meetings.

5. Clarification of Requirements

a. It is the bidder’s responsibility to advise the Purchasing Department if any language, requirements, or any combination thereof inadvertently restricts or limits the requirements stated in this bid to a sole source. Such notification must be submitted in writing and must be received by the Chief Procurement Officer no later than three (3) days prior to the due date and time. A review of such notifications will be made. Failure to provide the appropriate information within the time allotted shall constitute a waiver of any protest.

b. All questions or clarifications must be submitted online at:

https://www.bidnetdirect.com/new‐mexico/cloviscommunitycollege. These questions/clarifications must be submitted by the date/time shown in the bid on Bidnet. Any question submitted via email or over the phone will not be answered. Prospective bidders who submit questions via email or over the phone will be directed to submit their question or clarification to the link above.

6. Addenda

a. Any changes, additions, or modifications to the bid will be made by a written addendum. Any addenda will be posted online at https://www.bidnetdirect.com/new‐mexico/cloviscommunitycollege. It is strongly suggested that respective bidders check for any addenda a minimum of seventy‐two (72) hours prior to the due date and time.

b. All addenda shall be in writing. Clovis Community College shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by Clovis Community College in writing or in this bid should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this bid with any individuals, employees, or representatives of Clovis Community College or any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses.

http://www.bidnetdirect.com/new

c. Clovis Community College does not assume responsibility for the receipt of any addendum sent to bidders.

7. Examination of Documents and Requirements

a. Each bidder should carefully examine all documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications.

b. Before submitting a bid, each bidder shall be responsible for making all investigations and examinations necessary to ascertain conditions and requirements affecting their bid. Failure to make such investigations and examinations shall not relieve the bidder from the obligation to comply in every detail, with all provisions and requirements of this bid.

8. Bid Submittal

a. Submittal of an Electronic Bid

Electronic bids (preferred) can be submitted at:

https://www.bidnetdirect.com/new‐mexico/cloviscommunitycollege

b. Submittal of a Sealed Paper Bid

i. Bidders must submit one (1) original and two (2) softcopies of their sealed bid prior to the due date and time. The two (2) softcopies must accompany the original in the sealed bid and can be either CD‐ROM, USB Drive, or other media. Failure to submit the required additional copies may result in the bid being deemed unresponsive to the specifications.

ii. All bids submitted shall be F.O.B. Delivered, Freight Pre‐Paid and

Allowed and shall include all delivery and packaging costs.

Ii.

c. Clovis Community College is exempt by statute from payment of all federal, state and municipal excise, sales and other taxes. Tax exempt certification or a Non‐ Taxable Transaction Certificate will be executed by the Purchasing Department upon request.

d. Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid submittal.

e. Bid prices shall be held firm for a minimum period of sixty (60) days. Bids subject to price increases during this period shall be deemed non‐responsive and will not be evaluated further.

9. All bids, responses, inquiries, or correspondence relating to or in reference to this bid, and all reports, charts, and other documentation submitted by bidders shall https://www.bidnetdirect.com/new‐mexico/cloviscommunitycollege become the property of Clovis Community College when received.

10. Bid Preparation Costs

a. Issuance of this bid does not commit Clovis Community College in any way to pay any costs incurred in the preparation and submission of a bid. Bidders are solely responsible for any costs incurred in preparation and submission of their bid.

b. The issuance of this bid or the receipt of any response to this bid does not obligate Clovis Community College to enter into any contract for goods and/or services.

11. Public Inspection

a. General

i. After award, any written determinations will be made and each bid shall be open to public inspection, except those portions which the bidder has made a written request for confidentiality. Confidential data is normally restricted to confidential financial information concerning the bidder’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57‐3A‐1 to 57‐3A‐7 NMSA 1978. The price of goods offered or the cost of services may not be designated as confidential information.

b. Confidential Data

i. If a request is received for disclosure of data for which a bidder has made a written request for confidentiality, the Chief Procurement Officer shall examine the bidder’s request and make a written determination that specifies which portions of the bid should be disclosed. If it is determined that a bidder’s requested confidential data should be disclosed, that bidder will receive reasonable notice in order to afford the bidder the opportunity to take legal action to prevent disclosure. Unless the bidder takes legal action to prevent the disclosure, the data will be so disclosed.

After award the bid shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

c. Public Records Act

i. The inspection of public records is governed by the Inspection of Public Records Act, 14‐2‐1 through 14‐2‐12 NMSA 1978. To the extent that any provision in this Instructions to Bidders conflicts with the Inspection of Public Records Act, as interpreted by the courts of this State, that act shall control. Furthermore, no obligation to keep data confidential which is contained herein is intended to create any liability that would not otherwise exist under law.

12. Recycled Content Preferences

a. By issuing this bid, Clovis Community College shall deem a bid submitted for recycled content goods from any business/contractor, except a Resident Veteran Business/Contractor or Native American Resident Veteran Business/Contractor, to be eight percent lower than the bids actually submitted pursuant to Section

13‐1‐ 21 NMSA 1978.

b. By issuing this bid, Clovis Community College shall deem a bid submitted for recycled content by a Resident Veteran Business/Contractor or Native American Resident Veteran Business/Contractor with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent (10%) lower than the bid actually submitted.

13. Resident Business/Contractor, Native American Resident Business/Contractor, Resident

Veteran Business/Contractor, and Native American Resident Veteran Business/Contractor Preferences

a. By issuing this bid, Clovis Community College shall deem a bid submitted by a resident business/contractor or Native American resident business/contractor to be eight percent (8%) lower than the bid actually submitted in accordance with Sections 13‐1‐21 NMSA 1978 and 13-4-2 NMSA 1978.

b. By issuing this bid, Clovis Community College shall deem a bid submitted by a resident veteran business/contractor or Native American resident veteran business/contractor with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent (10%) lower than the bid actually submitted in accordance with Sections 13‐1‐21 NMSA 1978 and 13-4-2

NMSA 1978.

14. Resident Business/Contractor, Native American Resident Business/Contractor, Resident Veteran Business/Contractor, Native American Resident Veteran Business/Contractor Certifications

a. To receive these preferences pursuant to Sections 13‐1‐21 NMSA 1978 or 13-4-2 NMSA 1978, a business/contractor shall submit with its bid a copy of the valid applicable certificate issued by the taxation and revenue department. The certificate submitted must meet the requirements of Section 13‐1‐22 NMSA 1978 or 13-4-2 NMSA 1978.

15. Right to Protest

a. Any bidder who is aggrieved in connection with this solicitation or award may protest to the Chief Procurement Officer. The protest shall be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest.

b. Failure to protest within the time period allotted shall constitute a waiver of any protest.

16. Bribes, Gratuities, and Kickbacks

a. Bidders shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, agent or representative of Clovis Community College. Doing so is a violation of the Procurement Code and any business or person that willfully violates the Procurement Code may be subject to criminal and civil penalties as allowed for under law.

b. The Procurement Code, 13‐1‐28 through 13‐1‐199 NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

17. Campaign Contribution Disclosure and Prohibition

a. Bidders shall disclose all campaign contributions given by the prospective bidder or a family member or representative of the prospective bidder to an applicable public official of the state or a local public body during the two years prior to the date on which the bid is submitted, if the aggregate total of contributions given by the prospective bidder or a family member or representative of the prospective bidder to the public official exceed two‐hundred fifty dollars ($250) over the two‐year period.

b. The disclosure shall indicate the date, the amount, the nature and the purpose of the contribution. The form is included as part of this bid packet and is required as part of the bid submittal.

c. If no contributions were made, the bidder shall make a statement that no contribution was made.

d. A prospective bidder or a family member or representative of the bidder shall not give a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the bidding process.

e. A solicitation or award for a proposed contract may be canceled or a contract that is executed may be ratified or terminated if:

i. A prospective contractor fails to submit a fully completed disclosure statement; or

ii. A prospective contractor or family member or representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process.

18. Authorization to Bind

a. Bids must show vendor name and address of bidder. The person authorized to bind the company must be included. Person submitting the bid must show title or authority to bind their company.

b. The bid submitted by the bidder shall become an integral part of the contract between Clovis Community College and the bidder. The representations, covenants, and conditions contained therein shall be binding upon the person or company executing the same.

19. Bid Opening

a. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in this bid. The name of each bidder, the amount of each bid and each bid item, if appropriate, the names and addresses of the required witnesses, and such other relevant information as may be specified by the Chief Procurement Officer shall be recorded. The record shall be open for public inspection and will be made available within forty‐eight (48) hours at:

https://www.bidnetdirect.com/new‐mexico/cloviscommunitycollege.

20. Bid Award

a. General

i. Award shall be made with reasonable promptness to the lowest responsible bidder. The bid amount used to determine the lowest responsive bid shall exclude the applicable gross receipts tax or local option tax.

b. Product Acceptability

i. Clovis Community College may require the submission of bid samples, descriptive literature, technical data, or other material to determine products acceptability. Clovis Community College may also request:

1. Inspection or testing of a product for such characteristics as quality or workmanship;

2. Examination of such elements as appearance, finish, taste or feel;

or

3. Other examinations to determine whether it conforms with the bid or other specification requirements.

ii. Purpose of Acceptability Evaluation

1. An acceptability evaluation is not conducted for the purpose of determining whether one bidder’s item is superior to another’s, but only to determine that a bidder’s offering is acceptable as set forth in the specifications. Any bidder’s offering which does not meet the acceptability requirements shall be rejected as non‐ responsive.

c. Brand Name or Equal Specification

i. If the specifications call for a brand‐name or equal, the purpose of utilizing a brand‐name is to describe the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

21. Equal Employment Opportunity

a. Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, disability, or in any way violate Title VII of the 1964 Civil Rights Act, as amended, except as permitted by said laws.

22. Prevailing Wage Rates and Working Hours

a. The wage rate that must be paid on this project shall not be less than specified in the schedule of Type “B” – General Building prevailing wage rates. Bidder’s attention is further directed to the requirements of the New Mexico Department of Workforce Solutions Prevailing Wage Rates requirements for Public Works Projects, which can be found on their website at: New Mexico Department of Workforce Solutions > Labor Relations > Labor Information > Public Works (state.nm.us).

The inclusion of this schedule in the bid documents does not release the bidder from compliance with any wage law that may be applicable.

b. Construction work on this project will not be performed on Sundays or holidays unless the following conditions exist:

https://www.dws.state.nm.us/Public-Works https://www.dws.state.nm.us/Public-Works

i. The project being constructed is essential to the College’s ability to provide necessary services to its constituents.

ii. Delays in construction are due to factors outside the control of the Contractor and the Contractor can show that a diligent effort to complete the contract within the allotted time has been made.

c. In any event, if a condition should occur or arise at the site of the project or from the work being done under this Agreement, which is hazardous or dangerous to property or life, the Contractor shall immediately stop work, regardless of the week or the time of day, to correct or alleviate such conditions so that it is no longer dangerous to property or life.

23. New Mexico Department of Workforce Solutions registration

a. As this is a New Mexico Public Works project, per NMSA 1978 Section 13-4- 13.1(A): “all contractors serving as prime contractor or not, submitting a bid or responding to a request for proposal whose portion exceeds $60,000 are required to be registered with the New Mexico Public Works Division’s Public Works and Apprenticeship Program”.

NOTICE TO CONTRACTORS

Fire Alarm System Upgrade

IFB NO. 2023-3-B

The improvements under this contract include the following:

1. Refer to attached construction documents and construction specifications.

Clovis Community College requires all bids to include full site cleanup.

Bids shall be accompanied by a Bid Bond as outlined in the IFB documents as a guarantee the bidder will enter into the contract and execute a performance and payment bond as noted in this IFB.

The Notice of Award will be given by Clovis Community College within ninety (90) calendar days following the opening of bids.

NOTE: A computer-generated form may be used in lieu of the enclosed Bid Form. The form shall be 8-1/2” x 11” in size, and will be attached to the Bid Form in the proper section, and will be made part of the bid and contract documents. The computer generated form option is for the convenience of the bidder. No wording in the computer generated form shall modify or amend the wording in the bid or plans.

The unit price on the form shall be the price of the item, and any errors that may be present in the printout will not be recognized as an opportunity to revise the bid.

Material testing to ensure specifications are met will be conducted by the Consulting Engineer on this project

IFB No. 2023-3-B Bid Form

Bid of (Bidder Name) (hereinafter called “Bidder”), in compliance with this Invitation for Bids (“IFB”), and having carefully examined the plans, specifications, instructions to bidders, notice to contractors, all other related documents and the site of the intended work; and being familiar with all of the conditions surrounding the construction of the intended project, including availability of materials and labor; Bidder hereby intends to furnish all labor, materials, and supplies to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated below.

BASE BID $

Tax (8.0625%)

TOTAL BID

The calendar days to complete this project is for total completion of the project, not substantial completion.

Days will continue to be charged until all work including but not limited to, punch list items, claims against the project, cleanup, etc., are resolved and completed.

Number of calendar days to complete from being given Notice to Proceed

Safety Record Questionnaire

Clovis Community College desires to consider the safety record of potential contractors prior to awarding this IFB. The following written definitions and criteria are utilized for accurately determining the safety record of a bidder prior to awarding bids on College contracts.

The definition and criteria for determining safety record of a bidder for this consideration shall be:

Clovis Community College shall consider the safety record of the bidder in determining the responsibility thereof. The College may consider any incidents involving worker safety or safety of citizens be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the College may consider, among other things:

a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years.

b. Citations from an Environmental Protection Agency within the past five (5) years. Environmental Protection

Agencies include, but are not necessarily limited to: the U.S. Army Corp of Engineers, the U.S. Fish and Wildlife Services, the Environmental Protection Agency, New Mexico Environmental Department, agencies of local governments responsible for enforcing environmental protection or worker related safety laws or regulations, and similar regulatory agencies of other states of the United States of America. Citations include notices of violation, notices of enforcement, suspensions/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.

c. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death.

d. Any other safety related matter deemed by the College to be material in determining the responsibility of the bidder and their ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of the bidder, and the citizens, students, faculty and staff of the College and surrounding area.

In order to obtain proper information from bidder so that the College may consider the safety record of potential contractors prior to awarding bids on College contracts, Clovis Community College requires that bidders answer the following three (3) questions and submit them with their bids:

Question One

Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?

YES NO

If YES, the bidder must provide, with its bid submission, the following information with respect to each citation:

• Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed.

Safety Record Questionnaire (continued)

Question Two

Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five (5) years? Citations include notice of violation, notice of enforcement, suspension/revocations of state of federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial judgments.

If YES, the bidder must provide, with its bid submission, the following information with respect to each citation:

• Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and

Question Three

Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death?

If YES, the bidder must provide, with its bid submission, the following information with respect to each citation:

• Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and

ACKNOWLEDGEMENT

I certify that I have made no willful misrepresentations in this questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.

Authorized Representative:

Signature:

Printed Name:

Title:

Date:

CLOVIS COMMUNITY COLLEGE

GENERAL TERMS AND CONDITIONS

1. Notwithstanding acceptance by Clovis Community College of the goods or services ordered hereby, no additional terms or conditions of the vendor, whether contained within the vendor’s invoice or otherwise, shall be accepted by Clovis Community

College, unless agreed upon in writing.

2. In the event the terms and conditions herein expressed conflict with the terms and conditions of any specifications issued by

Clovis Community College in conjunction with this purchase, the specifications shall supersede these terms and conditions to the extent of the conflict.

3. Clovis Community College will not accept or pay for goods delivered or services performed without a specific written

Purchase Order.

4. All goods to be delivered or services to be performed shall conform in every respect to the specification issued by Clovis

Community College in conjunction with its solicitation of bids or proposals. In the event no such specifications were issued, the goods or services shall conform to the response submitted by the vendor.

5. By acceptance of this order, in addition to the guarantees and warranties provided by law, Contractor expressly guarantees and warrants as follows: A) that the goods delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for goods and that the Contractor will bear the cost of inspecting and/or testing articles rejected; B) that the goods to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright and that the Contractor will, at Contractor’s own expense, defend any and all actions or suits charging such infringement and will save and hold harmless Clovis Community

College, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising therefrom; C) that the goods to be delivered hereunder will be manufacture red, sold and/or installed in compliance with the provisions of applicable federal, state and local laws and regulations; D) that nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of Clovis Community College.

6. Unit pricing shall be in strict conformity with the bid or proposal submitted by the Contractor, unless a price increase is authorized by Clovis Community College.

7. Price escalations may be permitted by Clovis Community College during the term of the contract. All requests for price escalations shall be in written form and shall demonstrate industry-wide or regional increases in the Contractor’s costs.

8. If during the term of the contract the Contractor’s net prices to other customers for the same goods and/or services are lower than the Clovis Community College contracted prices, an equitable adjustment shall be made to the contract price.

9. In accordance with NMSA 1978 § 7-9-54, sales of tangible personal property to Clovis Community College are specifically exempted from the Gross Receipts Tax.

10. Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage-free shipment and storage.

11. All orders shall be F.O.B. delivered, freight pre-paid and allowed, and shall include all delivery and packaging costs. Clovis

Community College assumes no liability for goods delivered in damaged or unacceptable condition. The Contractor shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by Clovis

Community College. In instances where Clovis Community

College discovers concealed damage to property and such property will requirement shipment back to Contractor, Contractor shall be solely responsible for shipping fees.

12. Deliveries will be accepted only during normal working hours at the designated location.

13. Default in promised delivery without acceptable reasons, or failure to meet specifications, authorizes Clovis Community

College to purchase goods or services elsewhere and charge any increase in cost and handling to the defaulting Contractor.

14. In addition to other rights provided by law, Clovis Community

College reserves the right to: A) inspect goods delivered and to return those which do not meet specifications or reasonable standards of quality; B) reject goods shipped contrary to instructions or in containers which do not meet recognized standards; C) cancel the order if not filled within the time specified. Clovis Community College may return rejected articles or excess shipment on this order, or may hold the goods subject to the Contractor’s order and at Contractor’s risk and expense, and may in either event charge the Contractor the cost of shipping, unpacking, inspecting, repacking, reshipping and other like expenses.

15. Invoices may be submitted electronically to

Accounts.Payable@clovis.edu, or submitted to: Clovis

Community College, Business Office, 417 Schepps Blvd, Clovis, NM 88101. The Clovis Community College Purchase Order

Number must appear on all invoices, delivery memoranda, bills of lading, packing slips, and correspondence.

16. Payment terms are pursuant to NMSA 1978 § 13-1-158 unless otherwise specified by Clovis Community College.

17. The Contractor agrees to indemnify and hold Clovis Community

College harmless from any claim involving patent right infringement or copyrights on goods supplied.

18. Clovis Community College reserves the right to audit records and performance of Contractor for a period of three (3) after the receipt of goods or services.

19. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this order. All change orders to the original order will be made in writing by Clovis Community College.

20. The Contractor and Clovis Community College agree that each party has rights, duties, and remedies available as stated in the uniform commercial code and any other available remedy, whether in law or equity.

21. This order will be governed and construed according to the laws of New Mexico. Exclusive venue shall be in Curry County, New

Mexico.

mailto:Accounts.Payable@clovis.edu

WRITTEN CONTRACT VERBIAGE

The successful bidder must execute a Contract within ten (10) days after receipt of documents.

Bidder agrees to submit to Clovis Community College, a corporate resolution, certificate of partnership, partnership agreement or joint venture agreement which identifies the person(s) authorized to execute a Contract on behalf of the bidder.

BID SECURITY

Bid Security in the amount of five percent (5%) of the amount of the bid shall be submitted in the following acceptable forms: 1) a bond provided by a surety company authorized to do business in this state, or 2) shall be in the form of a Cashier’s Check.

The Bid Security must be submitted with your Bidder’s sealed bid prior to the due date and time. If Bidder does not include the required Bid Security, the bid shall be deemed non-responsive and will not be evaluated further.

PERFORMANCE AND PAYMENT BONDS

For construction contracts in excess of twenty-five thousand dollars ($25,000), the following bonds or security shall be delivered to Clovis Community College within ten (10) days after notice of award of Contract to the successful vendor.

If the successful vendor fails to deliver the required Performance and Payment Bonds, the successful vendor’s bid shall be rejected, and its bid security shall be enforced to the extent of actual damages.

Performance and Payment Bonds are to be for one hundred percent (100%) of the Contract price.

INSURANCE VERBIAGE

The successful vendor must submit proof of meeting necessary insurance requirements within ten (10) days of notification by Clovis Community College. Failure to respond within ten (10) days may be grounds for declaring vendor non-responsive.

WORK HISTORY / PAST PERFORMANCE

List all references for contracts similar in scope:

1. Client Name:

Contact Name:

Phone Number:

E-mail Address:

Dates of Service:

Brief Description of Services Provided:

2. Client Name:

3. Client Name:

4. Client Name:

5. Client Name:

INSURANCE REQUIREMENTS

Insurance Coverage Required

Prior to the approval of a prospective contract by the COLLEGE, the Contractor shall furnish a completed Certificate of Insurance to the COLLEGE, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon.

THE COLLEGE SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE(S) HAVE BEEN DELIVERED

TO AND APPROVED BY THE COLLEGE.

All insurance companies must be authorized by the New Mexico Office of Superintendent of Insurance to transact business in the State of New Mexico, must be acceptable to the COLLEGE, and be placed with an insurer possessing an A-VII A. M. Best rating or better.

The COLLEGE reserves the right to review the insurance requirements of this section during the effective period of the contract, to include any extension periods, and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the COLLEGE based upon changes in statute, court decisions, or the claims history of the industry as well as the Contractor.

TYPE OF INSURANCE COMBINED SINGLE LIMIT

GENERAL LIABILITY

X Commercial General Liability General Aggregate $ 1,000,000 Occurrence Products-Comp/Op AGG $ 500,000 Claims Made Personal & Adv. Injury $ 1,000,000 X W/Heavy Equipment Contractual Liability $ X To include Products of Completed Operations Endorsement Fire Damage (Any one Fire) $ Med Exp (Any one Person) $

PROFESSIONAL LIABILITY

Errors & Omissions General Aggregate $

AUTOMOTIVE LIABILITY

X Any Auto Per Occurrence $ 500,000 All Owned Autos Aggregate $ Hired Autos

Scheduled Autos

Non-Owned Autos

EXCESS LIABILITY

Umbrella Form Each Occurrence $ Aggregate $

X Workers Compensation $ Statutory limits Employers’ Liability

OTHER: COPIES OF ENDORSEMENTS REQUIRED

X Clovis Community College named as additional insured on Auto/General Liability on a primary and non-contributory basis

X Waiver of Subrogation in favor of Clovis Community College on all coverages

Cyber Liability Each Claim $ Aggregate $

Pollution Liability Per Accident $

Per Occurrence $

General Requirements Applicable to All Insurance

1. Contractor shall obtain and maintain the minimum insurance coverage(s) set forth in this section during the contract period, to include any extension periods.

2. Contractor agrees that the insurance requirements specified herein do not reduce the liability Contractor has assumed in any indemnification/hold harmless section of the contract.

3. Coverage shall be on a primary and non-contributory basis with any other insurance coverage carried by the COLLEGE.

4. Contractor is responsible for providing the COLLEGE with a minimum of thirty (30) days’ notice of a material change or voluntary cancellation of insurance coverage required under this contract, and notice within ten (10) days of any notice of termination no matter the cause.

5. The Certificate of Insurance shall list each insurer(s) NAIC Number or FEIN and list Clovis Community

College, 417 Schepps Blvd., Clovis, New Mexico 88101 in the Certificate Holder Section.

Notices

1. All notices regarding insurance coverage shall be given to the COLLEGE at the following address:

Attn: Purchasing Department 417 Schepps Blvd.

Clovis, New Mexico 88101

VENDOR SUPPLEMENTAL INFORMATION

The following information is required for contract development:

1. In what state was your business formed?

2. Provide the following information for the person authorized to execute contracts on behalf of your organization:

3. Provide the following information for the person authorized to implement this contract on behalf of your organization:

Same as person listed in #2 above.

4. Provide the following information for the person authorized to receive notices and communications regarding this contract on behalf of your organization:

Same as person listed in #2 above.

**continued on next page**

Name: Title:

Physical Address:

Billing Address:

City: State: Zip:

Physical Address:

Physical Address:

VENDOR SUPPLEMENTAL INFORMATION

(continued)

5. Select and complete one of the following:

a. Sole Proprietorship

i. Legal Company Name:

ii. Business Address:

b. General Partnership

c. Limited Partnership

d. Limited Liability Company

e. Corporation

f. Other Entity (Not Listed)

RESIDENT BUSINESS/CONTRACTOR, NATIVE AMERICAN RESIDENT BUSINESS/CONTRACTOR,

RESIDENT VETERAN BUSINESS/CONTRACTOR, NATIVE AMERICAN RESIDENT VETERAN

BUSINESS/CONTRACTOR CERTIFICATION

(Name of Business/Contractor) hereby certifies the following in regard to application of the previously-mentioned preferences applicable to this procurement:

Please check one box only:

I declare under penalty of perjury that I am a resident business/contractor or Native American resident business/contractor and certified as such by the requirements outlined under Sections 13-1-22 NMSA 1978 and 13-4-2 NMSA 1978, thus allowing me the 8% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I declare under penalty of perjury that I am a resident veteran business/contractor or Native American resident veteran business/contractor and certified as such by the requirements outlined under Sections 13-1- 22 NMSA 1978 and 13-4-2 NMSA 1978, with annual gross revenues of up to $6M starting January 1 and ending December 31 of the last calendar year, thus allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the Clovis Community College Purchasing Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate:

“In conjunction with this solicitation and the requirements under Sections 13-1-21 NMSA 1978, 13-1-22 NMSA 1978, and 13-4-2 NMSA 1978 when awarded a contract which was on the basis of having such preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract as the case may be.

“I understand that to qualify for this preference I must submit a copy of the valid applicable certificate as issued by the taxation and revenue department. Failure to submit the required certificate with my response will disqualify me from the preference requested.

“I understand that knowingly giving false or misleading information on this certification constitutes a crime.”

I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.

Printed Name of Business Representative* Signature of Business Representative*

Title of Business Representative* Date

*Must be an authorized signatory for the Business. The representations made in checking the boxes constitute a material representation by the Business that is subject to protest and may result in denial of an award or non-award of the solicitation involved if the statements are proven to be incorrect.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978 § 13-1-191.1, any person seeking to enter into a contract with any state agency or local public body must file this form with that body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

Disclosure of Contributions:

Contribution Made By:

Relation to Prospective Contractor:

Name of Applicable Public Official:

Date Contribution(s) Made:

Amount(s) of Contribution(s):

Nature of Contribution(s):

Purpose of Contribution(s):

*Attach extra pages if necessary.

Signature Date

Title

---OR---

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title

CONFLICT OF INTEREST AFFIDAVIT

STATE OF NEW MEXICO )

) ss.

COUNTY OF )

I, (name), being first duly sworn upon my oath, depose and state the following:

1. I am a former employee of Clovis Community College, having separated/retired from employment as of (date).

2. I am a current employee of Clovis Community College, or a legislator with the state, or the family member (spouse, parent, child, sibling by consanguinity or affinity) or a current employee or legislator with the state. Being a current employee or legislator or family member of a current employee or legislator of the state, I hereby certify that I obtained this Agreement pursuant to NMSA 1978 § 10-16- 7 or § 10-16-9, that is, in accordance with the Procurement Code except that this Agreement has NOT been awarded via the sole source or small purchase procurement methods.

3. Clovis Community College and I have entered into an Agreement in the amount of

4. NMSA 1978 § 10-16-8.A(1) of the Governmental Conduct Act does not apply to this Agreement because I neither sought a contract with Clovis Community College, nor engaged in any official act which directly resulted in the formation of this Agreement.

5. To the best of my knowledge, this Agreement was awarded in compliance with all relevant provisions of the New Mexico Procurement Code (NMSA 1978 § 13-1-28, et. seq.).

FURTHER, AFFIANT SAYETH NOT.

(name)

Subscribed and sworn to before me by (name) this day of , 201X.

My Commission Expires:

Notary Public

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

PRIMARY COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. § 180.335.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 2 OF THIS FORM)

1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, or the State of New Mexico;

b. Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust…