INVITATION TO SUBMIT PROPOSAL

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CARLSBAD MUNICIPAL SCHOOLS

REQUEST FOR PROPOSALS (RFP)

DESIGN PROFESSIONAL SERVICES

PROJECT DELIVERY TO BE:

CONSTRUCTION MANAGER AT RISK

RFP #2013-2014-02

ISSUE DATE: WEDNESDAY, MAY 21, 2014

SUBMISSION DEADLINE: TUESDAY, JUNE 3, 2014 2:00 PM Mountain Time

CONTACT: CARLSBAD MUNICIPAL SCHOOLS

URSULITA TRUJILLO

575-234-3300 [email protected]

mailto:[email protected]

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TABLE OF CONTENTS

I. INTRODUCTION.......................................................................................................................4

A. PURPOSE OF THIS REQUEST FOR PROPOSALS……………………………….....4

B. SUMMARY SCOPE OF WORK……………………………………………………...4

C. TERM……………………………………………………………………………...…...4

D. DISTRICT CONTACT.....................……………………………………………………4

E. DEFINITION OF TERMINOLOGY………………………………………..………....5

II. BACKGROUND SUMMARY………………………………………….……………………..7

III. CONDITIONS GOVERNING THE PROCUREMENT……………………………………….7

A. SEQUENCE OF EVENTS.............................................................................................7

B. EXPLANATION OF EVENTS......................................................................................8

1. Issue RFP..................................................................................................................8

2. Questions/Clarifications............................................................................................8

3. RFP Addendum............................................................................................................8

4. Submission of Proposal..............................................................................................8

5. Proposal Evaluation......................................................................................................8

6. Notice of Finalists.......................................................................................................9

7. Interview of Short-List Offerors................................................................................9

8. Notice of Award...........................................................................................................9

9. Board Approval..........................................................................................................9

10. Contract Negotiations.................................................................................................9

C. GENERAL REQUIREMENTS......................................................................................9

1. Protests........................................................................................................................9

2. Incurring Cost.........................................................................................................10

3. Subcontractors............................................................................................................10

4. Amended Proposals..................................................................................................10

5. Offeror’s Rights to Withdraw Proposal...................................................................10

6. Disclosure of Proposal Contents..............................................................................10

7. Termination..............................................................................................................10

8. Sufficient Appropriation............................................................................................10

9. Standard Contract.......................................................................................................11

10. Offeror Qualifications................................................................................................11

11. Right to Waive Minor Irregularities..........................................................................11

12. Notice........................................................................................................................11

13. Release of Information...............................................................................................11

14. Project Reporting........................................................................................................11

15. Ownership of Documents...........................................................................................11

16. Clarifications from Offerors.......................................................................................11

17. Disclosure Regarding Responsibility.........................................................................11

18. Conflict of Interest: Governmental Conduct Act......................................................13

IV. RESPONSE FORMAT AND ORGANIZATION.....................................................................13

A. NUMBER OF RESPONSES.........................................................................................13

B. NUMBER OF COPIES.................................................................................................13

C. PROPOSAL FORMAT.................................................................................................13

1. Proposal Organization.................................................................................................14

2. Submittal Letter...........................................................................................................14

3. Projects Listing Form................................................................................................15

4. Proposal Acknowledgment Form.............................................................................15

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5. Campaign Contribution Form...................................................................................15

6. Veteran’s Preference Form.......................................................................................15

V. SPECIFICATIONS....................................................................................................................15

A. DETAILED SCOPE OF WORK...................................................................................15

B. SPECIFICATIONS.......................................................................................................16

C. BUSINESS INFORMATION......................................................................................17

VI. EVALUATION........................................................................................................................17

A. EVALUATION CRITERIA.........................................................................................17

B. SHORTLIST EVALUATION FACTORS...................................................................18

C. EVALUATION PROCESS..........................................................................................20

PROJECT LISTING FORM...........................................................................................................21

CONTRACT...................................................................................................................................22

ACKNOWLEDGEMENT OF RECEIPT FORM..........................................................................28

CAMPAIGN CONTRIBUTION DISCLOSURE FORM..............................................................29

RESIDENT VETERANS PREFERENCE CERTIFICATION......................................................31

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I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The Carlsbad Municipal School District is requesting professional qualifications based proposals from licensed New Mexico Architects to contract for architectural design services with project delivery to be Construction Manager at Risk. The Contractor will perform the scope of work described herein. All potential Offerors are encouraged to read this Request for Proposals carefully, especially mandatory requirements. You are invited to submit a proposal to the Carlsbad Municipal Schools Purchasing Office, 408 N. Canyon St., Carlsbad, NM 88220 to be received no later than June 3, 2014 at 2:00 PM, at which time the proposals will be opened and recorded as received. Award consideration will be scheduled at a future Board of Education Meeting.

B. SUMMARY SCOPE OF WORK

A summary of the design professional services includes Bond Projects. The detailed scope of work is set forth in Section V herein. These services may include but may not be limited to and further may be expanded depending on the final scope of the project.

C. TERM

This award is for two phases. Phase one will include the construction of the first two schools. Phase two will include the construction of the remaining two schools.

This contract will include the option to renew for Phase 2, contingent upon funding, performance and success of Phase 1.

D. DISTRICT CONTACT

Any questions concerning the selection process for this Request for Proposals must be submitted to

Ursulita Trujillo, Procurement Officer, Carlsbad Municipal Schools at the address below. All questions

and responses will be in writing and will be distributed to all potential Offerors who receive a copy of this

Request for Proposal. For any questions concerning the project process or scheduling during the selection

process, please contact:

District Representative: Ursulita Trujillo Procurement Officer

408 North Canyon Street Carlsbad, New Mexico 88220 PH: (575) 234-3300 [email protected]


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E. DEFINITION OF TERMINOLOGY This paragraph contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations. "75% Complete" is when the construction documents (working drawings and specifications) are complete and ready to bid, and have received formal approval and acceptance by the owner. “Accounts Payable” is the District accounting authority and responsibility that issues payments. “A/E” means architect/engineer.

"Award of Contract” shall mean a formal written notice by the District that a firm has been selected to enter into a contract for services. “Business Hours” means 7:00 AM – 5:00 PM Monday thru Thursday. “Construction Manager at Risk (CMAR)” means a person who, pursuant to a contract with the

public owner, provides the preconstruction services and construction management required in a

CMAR delivery method.

“Construction Manager at Risk Delivery Method” means a construction method for an

educational facility wherein a construction manager at risk provides a range of preconstruction

services and construction management, including cost estimation and consultation regarding the

design of the building project, preparation and coordination of bid packages, scheduling, cost

control, value engineering and, while acting as the general contractor during construction, holding

the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and

subcontractors and providing management and construction services, all at a guaranteed maximum

price for which the Construction Manager at Risk is financially responsible.

“CMAR Contract Manager” is the person designated by the PSFA and the District to manage the

Construction Manager at Risk contract from selection to closeout and who will be responsible

to the District and PSFA for the proper conduct of those proceedings.

"Contract" means an agreement between Carlsbad Municipal Schools and a New Mexico licensed design firm for the work covered by this RFP.

"Contractor" means successful Offeror awarded the contract.

"Design Professional" means Architect/Engineer (A/E).

"Determination" means the written documentation of a decision of the Evaluation Committee, including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

"Entity" means the District for the purposes of Section 13-1-120(B)(6), NMSA 1978; Evaluation Criteria; and is the entity requesting proposals. “Energy Star” is a voluntary program of the U.S. Environmental protection Agency (EPA) and the U.S. Department of Energy that identifies energy-efficient products and buildings. Qualified products and buildings exceed minimum federal standards for energy consumption by a certain amount. Qualifying buildings which achieve an ENERGY STAR rating of 75 or above are eligible to receive the ENERGY STAR label. Web site: http://www.energystar.gov/. Compliance with

http://www.energystar.gov/

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ENERGY STAR is required on certain projects by Section 15-3-36, Energy Efficiency Standards for Public Buildings, NMSA 1978. “Evaluation Committee” means a body to perform the evaluation of Offerors proposals.

“Facility Master Plan” a 5-year master plan developed for Carlsbad Municipal Schools.

"MACC" means the maximum allowable construction cost.

"Offeror" is any person, corporation, or partnership that chooses to submit a proposal in response to this RFP.

"Owner" is Carlsbad Municipal School District.

"Project Listing Form” means the form included as a part of this RFP, which all Offerors shall complete, indicating all outstanding awards and contracts less than 75% complete.

"Proposal" is the Offerors response to this RFP.

“Public School Capital Outlay Council (PSCOC)” is the body with responsibility to approve

allocations for public school capital outlay assistance. “Public School Facilities Authority (PSFA)” is the body with responsibility to approve allocations for public school capital outlay assistance. “Purchasing Department” is the department charged with responsibility to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

"Request for Proposals" or "RFP" means all documents, attached or incorporated by reference, used for soliciting proposals. “Resident Business” means a business that has a valid resident business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a resident veteran business. “Resident Veteran Business” means a business that has a valid resident veteran business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978.

"Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal, which conforms in all material, respects to the requirements set forth in the RFP. Material respects of a RFP include, but are not limited to quality, quantity or delivery requirements.

“Using Department” means the department responsible for occupying the facility or using facilities, for which a project is being designed. “Using Department Contact” is the person designated by the user agency as the primary contact.

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The terms "must," "shall," "will," "is required," or "are required" identify a mandatory item or factor. Failure to comply with such an item or factor WILL result in the rejection of the Offerors proposal. The terms "can," "may," "should," "preferably," or "prefers" identifies a desirable or discretionary item or factor. Failure to comply with such an item or factor may result in the rejection of the Offerors proposal.

II. BACKGROUND SUMMARY

The Carlsbad Municipal School District maintains 14 school facilities on 14 separate sites. The sites total more than 185 acres. Kindergarten students are housed at ECEC, and the 3 and 4 year old students are at Emmitt Smith. There are eight Elementary schools, one Sixth Grade Academy, one Seventh and Eighth Grade School, and one High School. These facilities are primarily permanent construction. Permanent school facilities total 1,051,528 square feet. The newest school building in the District is 20 years old, and the oldest is 90 years old. The average age of school facilities is 60 years. The District also maintains 12 Portable classrooms that total 16,256 square feet.

District enrollment on the fortieth day totaled 6,229 students. This includes grades K-12 as well as 109 students enrolled in the three and four year old program. The three and four year old program is for students who are developmentally delayed.

The District also maintains two administrative / support facilities which include approximately 38,000 square feet.

III. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

The following is the proposed sequence of events. However, all dates are tentative and may change. Offeror’s will receive notification of any changes. Changes will also be posted on the CMS website.

1. Issue RFP May 21, 2014

2. Acknowledgement of Receipt Form May 27, 2014

3. Questions/Clarifications May 27, 2014

4. Addendum May 28, 2014

5. Submission of Proposal Tuesday, June 3, 2014 2:00 PM

6. Proposal Evaluation June 4 – June 9, 2014

7. Notice of Finalists Tentative Date: June 10, 2014 8. Possible Interviews with Finalists Tentative Date: June 12, 2014

9. Board Approval Tentative Date: June 17, 2014

10. Notice of Award Tentative Date: June 18, 2014

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B. EXPLANATION OF EVENTS 1. Issue RFP - This RFP is issued by the District in accordance with the provisions of

Sections 13-1-119 and 13-1-124 NMSA 1978. 2. Questions/Clarifications - Between the time of issuance of the RFP and the submission

deadline, prospective Offerors are encouraged to contact the Procurement Officer at 575-234-3300 ext. 1017 concerning any questions about the scope of the project or the RFP schedule. Copies of the Standard A/E Contract are made part of this RFP for your review.

3. RFP Addendum – Should any addendum to this RFP be deemed necessary between issuance

of the RFP and the proposal submission deadline, it will be distributed in writing to all recipients of the original RFP.

If an addendum requires a time extension, the proposal submission date will be changed as part of the written addendum.

4. Submission of Proposal - Proposals must be submitted in sealed envelopes before 2:00 PM

MST, June 3, 2014, clearly labeled to indicate a response to RFP 2013-2014-02 for Design Professional Services in the lower left hand corner, and addressed to:

Carlsbad Municipal School District

RFP: Design Professional Services–RFP # 2013-2014-02

Purchasing Office 408 N. Canyon St. Carlsbad, New Mexico 88220

Important: If your firm is delivering your proposal by hand, it must be delivered to

the Purchasing Office at 408 N. Canyon St. Carlsbad, New Mexico.

PROPOSALS RECEIVED AFTER THE DEADLINE ARE NON-RESPONSIVE.

District staff will note the time and date of receipt on the proposal. Proposals submitted by

facsimile or other electronic means will not be accepted. Pursuant to section 13-1-116

NMSA 1978, the contents of any proposal shall not be disclosed to competing Offerors

during the negotiation process. A public log will be kept of the names and submittal times of all

Offerors who submitted proposals.

Proposals will be reviewed, for completeness and compliance with requirements. If any proposal submitted is deemed non-responsive, the Offeror will be notified in writing of such determination and the method of protesting that determination (see Section II.C.1.). Determinations written will be mailed or electronic mailed to those affected.

5. Proposal Evaluation - The Evaluation Committee will review each Offerors proposal. Each

member, as outlined in Section VI of this RFP, will allocate points. Each member’s point totals will be translated into a numeric ranking of all proposals. The individual member rankings will be totaled together to determine the overall ranking of proposals.

The Evaluation Committee may hold interviews with the three (3) highest-ranked proposers. The Evaluation Committee may request to award the selection based on the results of the shortlist. If fewer than three proposals are received, the Evaluation Committee may recommend an award to the School Board for approval or direct that the RFP be reissued.

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6. Notice of Finalists – Each responsive Offeror will be notified in writing as to the results of the shortlist. This notice will include the overall rankings awarded by the Evaluation Committee for all proposals submitted and will note firms selected for interview.

Note: The Selection Committee may hold interviews with the highest-ranked proposals, where there

is a natural break in the scoring. The number of interviews, if held, will be at the discretion of the Evaluation Committee. The Evaluation Committee reserves the right to award the contract without interviews. If interviews are not held, the decision shall be documented for the procurement file.

7. Interview of Short-List Offerors - If interview(s) are to be held, the date, time, and location

of the Interview Meeting will be included with the notice to those Offerors selected for interview. A list of questions shall be distributed to the Short-List Offerors that includes the points to be allocated to each question. Points allocated to the questions shall be evenly distributed. NOTE: A “Pre-Interview” meeting may be held by the District Representative, if it is determined it is in the best interest of the short-listed Offerors and the Project, to answer questions regarding the interview process, and to distribute the list of prepared questions to be addressed.

8. Notice of Award – The Procurement Officer will notify finalists in writing of the final award. This notice will include the interview rankings of firms and the final combined rankings for the project award. At this time, all proposals that were submitted are open for public inspection for a period of thirty (30) days after the award.

9. Recommendation of Award to Board of Education- The Procurement Officer shall prepare

a procurement report and a recommendation to the Board for award of the Project that shall include the ranking of all Offerors.

10. Contract Negotiations – The Carlsbad Municipal School District and the successful Offeror will begin contract negotiations as soon as possible after notice of award. Final Architect fees are determined during contract negotiations and depend on such factors as individual project size and complexity that may be related to the approved Architect Rate Schedule. If contract negotiations are not finalized within a reasonable period of time, the District will conclude negotiations with the selected firm and begin negotiations with the next ranked firm based on final ranking.

C. GENERAL REQUIREMENTS

The general Requirements section contains specific information about the process and conditions

under which this RFP is issued and conditions concerning how the project will be completed.

1. Protests – In accordance with Section 13-1-172 NMSA 1978, any Offeror who is aggrieved

in connection with the award of a contract may protest to the Procurement Officer. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Carlsbad Municipal Schools Attn: Ursulita Trujillo

408 N Canyon St Carlsbad, NM 88220

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The 15-day protest period shall begin on the day following the date of written notice of action

from the Purchasing Department. Protests must include the name and address of the protestant,

the solicitation number, and a statement of grounds for protest, including appropriate supporting

exhibits. Protests received after the deadline will not be accepted. 2. Incurring Cost - Any cost incurred by the Offeror in preparation, transmittal, or

presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

3. Subcontractors - All work that may result from this procurement must be performed by the contractor and payments will only be made to the contractor. Use of consultants identified in the proposal is permitted, but since the award is made on a quality-based evaluation process, subcontracting of the work is not acceptable.

4. Amended Proposals - An Offeror may submit an amended proposal before the deadline for

receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. District personnel will not collate or assemble proposal materials.

5. Offeror's Rights to Withdraw Proposal - Offerors will be allowed to withdraw their

proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offerors duly authorized representative addressed to the District. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the District Representative.

6. Disclosure of Proposal Contents - The content of proposals will be kept confidential

until written notice of a contract award has been made by the District. At that time, all proposals will be open to the public, except for the material deemed as proprietary or confidential.

Confidential data is restricted to confidential financial information concerning the Offeror'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. Any pages of a proposal on which the Offeror has stamped or imprinted "proprietary" or "confidential" must be readily separable from the proposal in order to facilitate public inspection of the non- confidential portion of the proposal.

Pursuant to GSD Rule 87-601, Section 16.2, "If a citizen of this state requests disclosure of data, for which an Offeror has made a written request for confidentiality, the procure ment officer shall examine the Offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data." In this instance, the "procurement officer" is the District.

7. Termination - This RFP may be canceled at any time and any and all proposals may be

rejected in whole or in part when the District Representative determines such action to be in the best interest of the District and the State of New Mexico.

8. Sufficient Appropriation - Any contract awarded as a result of this RFP process may be

terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Owner's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor

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as final.

If the determination is made that there is insufficient funding to continue or finalize a project, the

contractor will be compensated to the level of effort performed, as authorized by the Owner prior

to that determination.

9. Standard Contract - The Owner does not deviate from its standard professional services contract. Any Offeror questions about any provisions(s) of the contract terms and conditions must be promptly brought to the attention of the Procurement Officer. A copy of the standard professional services contract is available from the Owner and made part of this RFP.

10. Offeror Qualifications - The Evaluation Committee may make such investigations as

necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.

11. Right to Waive Minor Irregularities - The Evaluation Committee reserves the right to

waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

12. Notice - The New Mexico criminal statutes impose felony penalties for bribes, gratuities and

kickbacks. 13. Release of Information - Only the Owner is authorized to release information about

projects covered by this RFP. The Offerors must refer to the Owner any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

14. Project Reporting - In addition to planning and program meetings with the Owner,

Owner Representative and User Agency Representative as needed, the Offeror is expected to visit the site at least once a week during the construction phase, or as modified by contract agreement.

15. Ownership of Documents - The DESIGN PROFESSIONAL Contract will require that the

drawings, specifications and other project documents are the property of the Owner. The DESIGN PROFESSIONAL contract has certain requirements as to the rights and responsibilities of the Owner and Architect/Engineer. Record drawings and documents are to be delivered to the Owner.

Record Drawings shall include a set of vellum reproducible drawings and one set of electronic files in .dwg format and one set of electronic files in .pdf format or as otherwise as specified by the Owner.

16. Clarifications from Offerors - The DESIGN PROFESSIONAL Evaluation Committee or

designee, after review of the proposal and/or Interview may request clarifications on information submitted by any and all Offerors, or may make an award based on the written proposals alone.

17. Disclosure Regarding Responsibility – Any prospective Offeror (hereafter Offeror) and

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any of its Principals who seek to enter into a contract greater than twenty thousand dollars

($20,000) with the District for professional services, tangible personal property, services or

construction agree to disclose whether they, or any principal of their company:

D. Are presently debarred, suspended, proposed for debarment, or declare ineligible for

any award of contract by any Federal entity, state agency or local public body.

E. Have within a three (3) year period preceding this offer, been convicted of or had 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) contract or subcontract; violation of Federal or state jurisdiction of

embezzlement, theft, forgery, bribery, falsification or destruction of records, make

false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen

property.

F. Are presently indicted for, or otherwise criminally or civilly charged by any (Federal,

state or local) government entity with, commission of any of the offenses enumerating

in paragraph B of this disclosure.

G. Have preceding this offer, been notified of any delinquent Federal or state taxes of the

amount that exceeds $3,000.00 of which the liability remains unsatisfied.

1. Taxes are considered delinquent if both of the following criteria apply:

a. The tax liability is finally determined. The liability is finally determined

if it has been assessed. A liability is not finally determined if there is a

pending administrative or judicial challenge. In the case of a judicial

challenge of the liability, the liability is not finally determined until all

judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent

if the taxpayer has failed to pay the tax liability when full payment was

due and required. A taxpayer is not delinquent in cases where enforced

collection action is precluded.

H. Have within three (3) year period preceding this offer, had one or more contracts

terminated for default by any Federal, state or local public body.

Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person

having primary management or supervisory responsibilities within a business entity or related

entities.

The Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior

to contract awards, the Offeror learns that its disclosure was erroneous when submitting or became

erroneous by reason of changed circumstances.

A disclosure that any of the items in this requirement exist will not necessarily result in withholding

an award in this solicitation. However, the disclosure will be considered in the determination of the

Offeror’s responsibility. Failure of the Offeror to furnish a disclosure or provide additional

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information as requested will render the Offeror nonresponsive.

Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render, in good faith, the disclosure required by this document. The knowledge

and information of an Offeror is not required to exceed that which is normally possessed by a

prudent person in the ordinary course of business dealings.

The disclosure requirement provided is a material representation of fact upon which reliance was

placed when making an award and is a continuing material representation of the facts. If during the

performance of the contract, the contractor is indicted for or otherwise criminally or civilly charged

by and government entity (Federal, state or local) with commission of any offenses named in this

document, the Contractor must provide immediate written notice to the Procurement Officer. If it is

later determined that the Offeror knowingly rendered an erroneous disclosure, in addition to other

remedies available to the District may terminate the involved contract for cause. Still further, the

District may suspend or debar the Contractor from eligibility for future solicitations until such time

as the matter is resolved to the satisfaction of the District.

18. Conflict of Interest: Governmental Conduct Act – The Offeror warrants that it presently

has no interest and shall not acquire any interest, direct or indirect, which would conflict in

any manner or degree with the performance or services required under the agreement.

IV. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES

Only one proposal may be submitted by each individual entity for the one project, which is the

subject of this RFP. B. NUMBER OF COPIES

Offerors shall provide s e v e n (7) identical copies of their proposal to the location specified in Section II, paragraph B on or before the closing date and time for receipt of proposals.

C. PROPOSAL FORMAT

The proposal must be limited in format and length. Format will be 8-1/2" x 11" with foldout sheets, allowed up to 11" x 17" in size. All foldout sheets, up to a maximum of 11" x 17" sheets will be counted as two pages and shall be labeled as such. Length of the proposal shall be limited to a maximum of twenty (20) pages (printed sheet faces) of text and/or graphic material for project proposals. If there is any question as to format requirements they shall be directed to the District Representative for clarification, prior to submittal of documents. Material excluded from the twenty (20) page maximum count shall include and shall be limited to:

Front cover (blank on back side) Submittal letter (one page maximum) Completed Campaign Contribution Disclosure Form (provided at the end of this RFP) Valid Resident Business Preference Certificate or Veteran Preference Certificate issued by

New Mexico Tax & Revenue Department Table of Contents page (one page maximum) Divider pages (See Section Below) Certificate(s) of Insurance Back cover (blank on one side)

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Project Listing Form (provided at end of this RFP)

ANY SHEETS OR PAGES INCLUDED IN THE PROPOSAL, BUT NOT SPECIFICALLY EXCLUDED, AS NOTED ABOVE - SHALL BE COUNTED TOWARDS THE 20 PAGE MAXIMUM. Divider Pages are noted herein. The Evaluation Committee will score proposals based on

these Sections. A more detailed description and points assigned to each Section is provided

under V. EVALUATION. Reminder – Divider Pages do not count towards the 20 page

maximum

Section 1 Business Profile

Section 2 Capacity and Capability

Section 3 Past Record of Performance

Section 4 Proximity/Familiarity w/Site(s)

Section 5 Design Work produced in-state

Section 6 Volume of Work previously done Section 7 Evidence of Understanding of Scope of Work

Any proposal deemed non-conforming by the Evaluation Committee in regard to format may be considered non-responsive. Offerors shall contact the District Representative to clarify any questions concerning format prior to submission.

1. Proposal Organization - All pages should be numbered except for those specifically

excluded as noted above. All foldout pages shall be counted as two (2) pages and should be numbered as such. Proposals should be organized in the same order as the evaluation criteria, using tabs for each evaluation criteria.

2. Submittal Letter - Each proposal must be accompanied by a submittal letter. The

submittal letter should:

a. identify the submitting business;

b. identify name and title of the person(s) authorized by the company to contractually obligate the business for the purposed of this RFP;

c. identify the names, titles, and telephone numbers of persons to be contacted for

clarification questions regarding this RFP;

d. explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section III.C. of this RFP;

e. be signed by a person authorized to contractually obligate the Offeror;

f. acknowledge receipt of any and all amendments to this RFP;

g. contain a statement indicating a commitment to comply with all requirements of the

Americans with Disabilities Act of 1990 for work performed as a result of this RFP;

h. contain a statement indicating a commitment to comply with the ASHRAE STANDARD, ASHRAE/IES 90.1-1989, Energy Efficiency Design of New Buildings, and the New Mexico Model Energy Code. Also, that designs will incorporate water conserving fixtures and features; and,

i. contain a statement indicating a commitment to comply with Section 74-9-19,

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NMSA 1978, of the New Mexico Solid Waste Act. Recycled materials will be investigated and incorporated where applicable into the design construction documents, and specifications will encourage the use of recycled materials in construction.

3. Projects Listing Form - Include with the submittal letter the completed Project Listing

Form. A blank form is included at the end of this RFP. All projects awarded to the proposing firm/s by the Evaluation Committee that are less than 75% complete shall be included on the form. If there are any questions as to the appropriate content of the form, contact the District Representative for clarification. Substitutions for this form will not be accepted.

4. Proposal Acknowledgment Form – Appendix A. Complete and return by the due date. 5. Campaign Contribution Form – Appendix B. Complete and return with your proposal

per 13-1-191.1. Substitutions for this form will not be accepted. 6. Veteran’s Preference Form – Appendix C. Complete and return with your proposal.

Substitutions for this form will not be accepted.

V. SPECIFICATIONS A. DETAILED SCOPE OF WORK

Prototype: Elementary Schools

Preliminary Scope: Design, provide bid documents and oversee construction of new elementary

schools that will be built to adequacy for up to 600 students grades 1-5. To be replicated on up to four

(4) sites over the next five (5) years, contingent upon available funding. Consideration of design will

have to meet all local codes, OSHA, and any state requirements. Americans with Disabilities must be

addressed.

ARCHITECTURAL SERVICES:

The Scope of Work for the projects listed in this RFP shall include, at a minimum, the following

key elements: Programming (site selection and investigation), Schematic Design, Design

Development, Construction Documents, Bidding, Construction Administration, and 11-month

Warranty Inspection.

The proposed work consists of the selected Design Professional paying for all required work,

furnishing all labor, materials, supplies, appropriate equipment, transportation, fees, taxes,

supervision, and administration necessary to perform and complete any and all work/services,

awarded to the Design Professional, in accordance with the specification and requirements

contained in this Request For Proposal (RFP).

EDUCATIONAL SPECIFICATIONS CAN BE FOUND AT:

https://www.dropbox.com/s/svxl3idt1lu6itn/CMS%20Elementary%20Schools%20Ed%20Spec2.

pdf

The project team shall include as a minimum: Architectural, Engineering, and any other design

consultants as may be required.

Design Professional shall perform all required tasks, both stated and reasonably inferable, that are

necessary to fulfill and complete all work in accordance with the specifications/requirements

https://www.dropbox.com/s/svxl3idt1lu6itn/CMS%20Elementary%20Schools%20Ed%20Spec2.pdf

https://www.dropbox.com/s/svxl3idt1lu6itn/CMS%20Elementary%20Schools%20Ed%20Spec2.pdf

16

contained in this RFP.

The applicable sections/provisions, specifications and requirements of the following documents shall be

utilized on this contract, for all applicable work/services, by the Design Professional. The documents are

available on the PSFA web site at www.nmpsfa.org

1 The New Mexico Public School Adequacy Planning Guide

2 The State of New Mexico PSFA HVAC and Controls Performance Assurance Program

incorporating all appendices including the extended maintenance contract provisions (Appendix

G)

3 PSFA standard specification sections and forms.

4 The State of New Mexico Public School Facilities Authority Roofing Program Handbook.

The project shall be designed in compliance with Section 15-3-36, Energy Efficiency Standards

for Public Buildings, NMSA 1978 and qualify for the Environmental Protection Agency’s

(EPA) ENERGY STAR®. The ENERGY STAR special application graphic, which denotes on

the final contract document drawings that the estimated energy use is intended to be in the top

25% as compared to the U.S. building stock, shall be applied. Once the project is complete and

operating for at least one year, it shall qualify to receive the ENERGY STAR plaque in

accordance with the rules and procedures of the ENERGY STAR program. See Part B of the

standard Agreement between Owner and the Design Professional for more detailed contract

requirements.

SCHEDULE OF SERVICES:

1. To be determined upon award on a project-by-project basis

2. The Owner requires a minimum 5-day review period at the end of each submittal phase.

3. Provide time schedule for programming through 100% Construction Documents

Actual DESIGN PROFESSIONAL fees to be negotiated based upon a percentage of the contract price

for construction work to be performed. The Owner intends to negotiate with the selected firm/s to

identify the critical calendar dates for completion of design work for each project. A liquidated damages

charge not to exceed $1,000 per day may be applied to the DESIGN PROFESSIONAL contract for

failure to meet the approved project schedule, as may be modified by mutual agreement.

(Note: includes reimbursable and taxes, excluding environmental consulting and testing services and

printing of construction documents)

B. SPECIFICATIONS

1. Submittal Letter - Proposals must include a submittal letter and should include all the information

as identified in Section IV.C.2. 2. Format - Comply with requirements of Section IV.

3. Insurance

a) Binders/Certificates of Insurance/Endorsements/Coverage Verification: All vendors

submitting bids must provide binders or certificates of insurance forms as completed by an

authorized agent or broker. Insurance coverage must be placed with an insurance company that

has a Best’s rating of A:VII or better. The evidence of insurance is to be signed by a person

authorized by that insurer. The district reserves the right to require complete, certified

copies of all required insurance policies at any time. If subcontractors are to be utilized,

vendors shall include them as Insured and shall furnish separate certificates of insurance for

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each subcontractor.

b) Adjustments to Insurance Policy: Each insurance policy shall be endorsed to state that

coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District.

c) Minimum Limits of Insurance: Vendors shall maintain each category of insurance and its

corresponding minimum limits as forth herein:

1) Commercial General Liability: $1,000,000 combined single limit each

occurrence for bodily injury, property damage, products and completed operations

liability is to be carried. District is to be notified of any annual aggregate limitations

prior to the start of work, and limits deemed inadequate by District may be cause for

termination of contract.

Such policy shall name District as additional insured, and shall be primary as respects District, its officials and employees. Any insurance issued to District shall be in excess of vendor’s insurance and shall not contribute to it.

2) Automobile Liability Insurance: $1,000,000 combined single limit each occurrence,

bodily injury and/or property damage. Coverage shall apply to all owned and no-owned vehicles operated by vendor and vendor’s employees on District property.

3) Workers’ Compensation and Employers Liability Insurance: Statutory coverage

shall be provided in compliance with the State of New Mexico and with a minimum limit of $500,000 each accident for Employers Liability.

4) Professional Liability Insurance: Minimum limit of $1,000,000 each occurrence /

$2,000,000 annual aggregate. The District is to be notified in writing if the aggregate limit becomes reduced or impaired and District may require replenishment of limit.

4. Current Projects Listing - Complete and submit the Project Listing Form, which is provided at

the end of this RFP. This form will indicate the status of all current work awarded by a Evaluation Committee, which is less than 75% complete. The form will list each project by name, fee and the percent complete of basic design services for each project. See Section I for the specific definition of "75% complete" for the purposes of this RFP. Substitutions for this form will not be accepted.

C. BUSINESS INFORMATION

1. Staff Role - The Owner will assign staff, as it deems necessary, for the project.

2. Existing Information – One copy of project-related information in the possession of the Owner will

be available to the Contractor subsequent to contract execution.

3. Electronic Data - The Owner prefers that final design documents and specifications are prepared

using computer technology. Electronic drawing files should be provided to the Owner in AutoCAD and specifications in Microsoft Word.

VI. EVALUATION

A. EVALUATION CRITERIA

1. Shortlist - A maximum total of 150 points are possible in scoring each proposal for the shortlist

evaluation. The Evaluation Committee will evaluate the proposals and may conduct interviews with

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Offerors applying for selection.

The evaluation criteria to be used by the Evaluation Committee for the proposal shortlist and the

corresponding point values for each criteria are as follows:

(1) Specialized design and technical competence of the business, including

a joint venture or association, regarding the type of services required..............35 points

(2) Capacity and capability of the business to perform the work, including

any specialized services, within the time limitations..........................................25 points

(3) Past record of performance on contracts with government agencies, school districts and private

industry with respect to such factors as control of costs, quality of work, and ability to meet

schedules……………........................………............................22 points

(4) Proximity to or familiarity with the area in which the project is located...........35 points

(5) New Mexico Preference Advantage for in-state businesses and volume of work supplied by New

Mexico firm(s). Identify any out of state consultants...........................8 points

(6) The volume of work previously done by the entity requesting proposals that

is not 75% complete with respect to basic professional design

services.................................................................................................................10 points

(7) Evidence of understanding of scope of work, the site, and existing

conditions .............................................................................................................15 points

150 points are possible in scoring for this RFP. Award will be based on the proposals and their

respective scores.

Resident Business or Resident Veterans Preference – To be awarded points, the Offerors must include a copy of their preference certification. Any business wishing to receive the Resident Veterans Preference must complete and sign the attached certification form (Appendix C) and must accompany the RFP response. Submit a copy of a valid resident business certificate issued by the New Mexico Taxation and Revenue Department.

2. Interview – The Evaluation Committee may request to interview and will provide at the pre-interview meeting, a list of questions relevant to the project. The firms at the interview shall address these questions. The interview will allow time for a question and answer session following the answers to the prepared questions.

B. SHORTLIST EVALUATION FACTORS

A brief explanation of each evaluation category is listed below. Information in one category may overlap information in other categories. Offerors are encouraged to fully address each category completely, as points are assigned for responses to each separate category.

1. Specialized Design - Provide information about the firm's specific technical experience with similar

projects that demonstrate competence to successfully complete the project. Indicate the relevance of previous projects to the anticipated scope of work. Demonstrate the successful aspects of past design projects and the corresponding applications to the proposed scope of work. Indicate the firm’s ability to incorporate energy conserving and sustainable measures into project design. Explain the firm’s approach to project cost estimating.

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2. Capacity and Capability - Provide information about the business that demonstrates the ability to provide sufficient professional competence, meet time schedules, accommodate cost considerations and project administration requirements. Indicate the relationship of the work in this RFP to the firm's other current projects. Indicate proposed work schedules and milestones, with completion methods and strategies. Indicate key project team members and their specific rolls, experience and background. Demonstrate or indicate project team organization and working relationships. Other items could include references from clients, financial institutions and insurance carriers.

3. Past Record of Performance - Demonstrate through historical documentation that the firm has the

ability to meet schedules and budgets, as well as user program goals, and final construction project costs. Include information regarding owner budgets, construction estimates, bidding and completed project cost including change order information. Project schedules should provide information about the progress of work as related to owner schedules and goals as well as the overall success of projects and client satisfaction. References from past clients can be included.

4. Proximity to or Familiarity with Site Location - Demonstrate through narrative, graphics or maps the

firm's ability to respond immediately to on and off-site requirements for design, construction and administration of the project. Indicate previous knowledge or experience regarding the project location, including references, and any current work or associated consultants who could enhance the firm's ability to provide timely responses or special expertise to project needs. Due to the scope and duration of project, indicate the volume of work to be produced in Carlsbad, NM.

5. New Mexico Preference Advantage for in-state businesses – Submit a copy of a valid resident

business certificate or valid resident contractor certificate issued by the New Mexico Taxation and Revenue Department. For a joint proposal submitted by both resident and nonresident Offeror(s), also provide the percentage of the work produced or performed by the nonresident firm. It is in the State’s best interest to support in-state businesses. Indicate the volume of work to be produced in New Mexico by a New Mexico firm or firms. Identify any out-of-state consultant(s) or business relationships that will be involved on the project and the extent of services to be provided by that firm or firms.

6. Volume of Work Previously Done – Information on the status of past project awards shall be included

in the “Project Listing Form” as a requirement of this RFP. No substitution of this form will be allowed. The following formula on fees for projects awarded that are less than 75% complete shall be utilized in assessing scores:

$ 25,000 to $ 35,000 ........................................ 1 point deducted

$ 35,001 to $ 50,000 ....................................... 2 points deducted

$ 50,001 to $100,000 ..................................... 3 points deducted

$100,001 to $150,000 ..................................... 4 points deducted

$150,001 and over ............................................. 5 points deducted

7. Evidence of Understanding of the Scope – Provide information about the firms understanding of key project elements/goals. Describe challenges that might be expected based on the type of project, environmental conditions, location, site, or other factors and possible creative management approaches.

8. Campaign Contribution Disclosure: Each prospective Offeror must include, as part of their submittal,

the Campaign Contribution Disclosure Form included in this RFP with all portions completed, including any required attachments. No substitution of this form will be allowed.

C. EVALUATION PROCESS

1. Notice of Non-Responsiveness - For any proposal submitted which is deemed non- responsive, the

Offeror will be notified in writing of such determination and the method for protesting the determination. (See Section II, paragraph C.)

2. Shortlist Meeting - The Evaluation Committee established by Section 13-1-121 NMSA 1978 will

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meet to review the proposals. The Evaluation Committee will review each Offerors’ proposal. Points will be allocated as outlined in Section V. A. and B. of this RFP, by each member of the committee. Each member's point totals will be translated to a numeric ranking. The committee member rankings will be totaled to determine the overall ranking of the firms.

The Evaluation Committee may award the selection based on the results of the shortlist alone. If fewer than three proposals are received, the Evaluation Committee may recommend an award or reissue the RFP.

3. Notice of Finalists– Each responsive Offeror will be notified in writing whether their proposal has been

short listed. A public log will be kept of the names and rankings of all Offerors short listed for interviews.

4. Pre-Interview Meeting with Finalist- If interviews are scheduled, the pre-interview meeting will be

held by the District Representative to answer questions from the short listed firms about the interview. In

addition, the Evaluation Committee may issue, through the District Representative, a list of prepared

questions to be addressed at the interview. The prepared questions will be the basis of scoring.

The Evaluation Committee may hold interviews with the highest-ranked proposals, where there is a

natural break in the scoring. The number of interviews, if held, will be at the discretion of the Evaluation

Committee. The Evaluation Committee reserves the right to award the contract without interviews. If

interviews are not held, the decision shall be documented for the procurement file.

5. Interviews with Finalists- For those firms included in the interview, notice to finalists will include the

interview date and time as well as the date and time for the pre-interview meeting. Interviews are

generally held at the District Office, unless otherwise scheduled at the discretion of the Evaluation

Committee. Scoring for the interview will be based on responses to the questions presented at the pre-

interview meeting. Points will be allocated by each member. Each member's point totals will be

translated into a numeric ranking of the interviewed firms. The rankings will be totaled and averaged to

determine the overall ranking of firms for the interview.

6. Final Rankings –All overall committee rankings, including the shortlist, interview and final rankings are public record and will be available for public inspection at the Purchasing Department after final award of the project. Individual scores and rankings by each committee member shall be confidential. Ties in ranking by individual committee members and by collective committee rankings shall be scored using the sum of the ranking places, divided by the number of firms in a tie.

A tie for first, at the end of the final rankings after the completion of short-listing and interviews, shall be

broken by a separate ranking by the committee members, only ranking the firms involved in the tie. If a tie still exists after ranking only the tied firms, the tie shall be broken by the Chairperson of the Evaluation Committee.

7. Point Caclulations- All calculations of point standings, including any addition or deduction of points to Offeror submittals shall occur at a meeting of the Evaluation Committee, with all members in attendance.

8. Notice of Award- The Procurement Officer will notify all finalists in writing of the final results of

the interview and the overall selection process. For a period of thirty (30) days after the written date of

award, proposals will be available for public inspection by appointment only, at the District offices.

Unsuccessful Offerors may retrieve all but one copy of their proposal as soon as award is made. Any

unsuccessful Offeror wishing to retrieve all copies of their proposal must do so within two (2) weeks

after the expiration of the 30-day public inspection period.

21

ARCHITECT SERVICES EVALUATION COMMITTEE

ELEMENTARY SCHOOLS

PROJECT LISTING FORM

Substitutions for this form will not be accepted

FIRM:____________________________________ DATE:_____________

PROJECT

AWARD DATE

CONTRACT DATE

AMOUNT

% COMPLETE

1.

2.

3.

4.

5.

6.

7.

T O T A L F E E S

Notes:

1. See definitions for calculation of “75% Complete”. If any award is not proceeding in contract negotiations, please indicate the status in the “Remarks” below.

2. Fees do not include reimbursable expenses, which include: travel, per diem, printing, telephone or

reproduction costs. 3. Federal funds shall be included in project calculations pursuant to 13-1-120B(6). 4. Any Award of Contract that has not resulted in a written contract offer to the Offeror, within six (6)

months of written notice, shall not be considered an award for the purposes of the Project Listing Form. 5. Contact the Procurement Officer if there are ANY questions regarding the correct completion of this

form. (Use additional sheets if necessary).

REMARKS: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

22

RFP 2013-2014-02

CONTRACT NO. 2013-2014-02

CONTRACT FOR PROFESSIONAL SERVICES FOR ELEMENTARY SCHOOLS

ARCHITECTURAL SERVICES

This Contract entered into between Carlsbad Municipal Schools, hereinafter referred as the “District”, and

__________________________________, hereinafter referred as the “Consultant”, provides for

Architectural Services to the Carlsbad Municipal School District. The district is authorized to enter into this

Contract pursuant to state and local purchasing procedures for Contracts of this type and amount.

ARTICLE 1. CONTRACT DOCUMENTS AND SERVICES TO BE PROVIDED: The Contract shall

be comprised of this contract document and the Invitation for RFP 2013-2014-02 including Project

Summary, and/or Statement of Work, Specification, any addenda thereto, all applicable negotiations, and the

Consultant’s response to the RFP, all of which are incorporated herein and made a part of the Contract as

Attachment A. The Consultant shall serve as the Architect/Engineer on projects assigned. The Consultant’s

services include but are not limited to:

To provide, perform and implement a plan to provide architectural and inspection services design for

up to five (5) Elementary Schools.

The Consultant will devote the necessary hours for each task(s) for the performance of such duties that may

be assigned by the District. The Consultant shall secure all licenses, permits, fees, etc., required for the

performance of this work.

The Consultant will serve the District diligently and faithfully, and according to his best ability and in all

respects, will use his utmost endeavors to promote the interest to the District.

The Consultant will maintain records indicating date and length of time such services are rendered. These

records shall be subject to inspection by the designated agent of the District.

ARTICLE 2. PERIOD OF PERFORMANCE: the period of performance of this Contract shall be from

the contract initiation through the end of the professional service required per project.

ARTICLE 3. PLACE OF PERFORMANCE: The consultant shall perform the required services for the

District where the District shall designate.

ARTICLE 4. COST AND PAYMENT: The Consultant shall be paid for the services rendered satisfactorily

at compensation per negotiated Task Order fee in arrears. Invoice submittal shall note the Task Order

Number and this Contract number, and may be delivered to the Carlsbad Municipal Schools, Accounts

Payable, 408 N. Canyon St, Carlsbad, NM 88220. The Consultant will pay the New Mexico Gross Receipts

Tax levied on the amounts payable under this contract. The District shall pay the applicable taxes per invoice

on labor and services only. Payment shall be made upon receipt of a detailed, certified statement of account,

which shall include dates and hours reported for the period covered by the regular statement. These records

shall be subject to inspection by the District and/or designated Auditor. The District shall have the right to

audit billings both before and after payment; payment under this Contract shall not foreclose the right of the

District to recover excessive or illegal payments. The Consultant, upon final payment of amounts due under

this Contract for work completed and accepted by the District, releases the District, its officers and

23

employees from all liabilities, claims, and obligations whatsoever arising from or under this Contract. The

Consultant agrees not to bind the District to any obligation not assumed herein by the District, unless the

Consultant has express written authority from the District Superintendent or his designee to do so, and then

only within the limits of the expressed written authority.

ARTICLE 5. NOTICES: Invoices shall be mailed to Accounts Payable, 408 N Canyon St, Carlsbad, NM

88220. All other correspondence or notices shall be sent to:

Carlsbad Municipal Schools

Purchasing Department

408 N. Canyon St.

Carlsbad, NM 88220

575-234-3300

575-234-3366 Fax

[email protected]

ARTICLE 6. ASSIGNMENT OF CLAIMS: the Consultant shall not assign or delegate any interest in this

Contract or transfer any interest or assign any claims for money due or to become due under this Contract,

without the written consent of the District.

ARTICLE 7. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: To the fullest extent

permitted by law, Consultant agrees to indemnify and hold harmless DISTRICT and its officers, directors,

employees from and against any and all damages, losses and expenses (including reasonable attorneys’ fees

and costs of defense) arising from the negligent acts, errors or omissions of Consultant in its performance of

professional services under this Agreement, to the extent that Consultant is responsible for such damages and

losses on a comparative basis of fault and responsibility between Consultant and District. Consultant is not

obligated to indemnify District for District’s own negligence. This indemnification is not transferable or

assignable. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other

for any consequential damages incurred due to the fault of the other party, regardless of the nature of this

fault or whether it was committed by Consultant or the District, their employees, agents, sub-consultants, or

subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit.

ARTICLE 8. INSURANCE: For the duration of the contract and until all work specified in the contract is

completed , the Consultant shall maintain in effect all insurance as required below and comply with all

limits, terms and conditions stipulated therein.

All insurance policies shall be written with insurance companies licensed to do business in the State of New

Mexico and having a rating of not less than a IX according to the latest edition for A.M. Best Company, and

shall include a provision preventing cancellation of the insurance policy unless fifteen (15) days prior written

notice is given to the District. Said cancellation provision shall be so stated on each Certificate of Insurance.

Work under this contact shall not commence until evidence of all required insurance and bonding is provided

to the District Purchasing Department.

Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the

insurance agent for the Consultant and returned to the District. If, for any reason, any material change occurs

in the coverage during the course of the contract; such change will not become effective until thirty (30) days

after the District has received written notice of such change.

A. The policy shall be written and the certificate shall reflect that:

1. All insurance required below is in effect.

2. The District is an additional independent insured on all insurance policies except Worker’s

Compensation and Professional Liability.


24

3. The insurance afforded therein shall be primary insurance and any insurance or self-

insurance of the District shall be excess and not contributory insurance.

B. Consultant shall obtain insurance of the types described below from an insurer with an A.M. Bests

rating of not less than A-IX:

Coverage shall include all claims arising out of the Consultants’ operations or premises, any person

directly or indirectly employed by the Consultant, and the Consultant’s obligations under this

Contract.

1. Professional Liability: Per Occurrence $1,000,000.00. Coverage shall include all claims arising out of the Consultant’s operations or premises, any person directly or indirectly employed by the Consultant, and the Consultant’s obligations under indemnification under this Contract.

2. Workman’s Compensations Insurance shall be provided in accordance with the provisions of the

laws of the State of New Mexico, including occupational disease provisions, for all employees at

the site of the project, and in the event work is sublet, the Consultant shall require each sub

consultant to provide Worker’s Compensation Insurance. In the event employees engaged in

hazardous work under this Contract at the project site are not protected under the Worker’s

Compensation statures, the Consultant shall provide and cause each sub consultant to provide

adequate and suitable insurance coberage for the protection of each employee not otherwise

provided.

3. Automobile Liability Insurance coverage shall include all owned, non-owned, hired vehicles

and/or trailers and other equipment required to be licensed. Limits:

Combined Single Limit $1,000,000.00

Umbrella for each of the above-named insurance policies, except Worker’s Compensation:

Limits: Each Occurrence/Aggregate $2,000,000.00

ARTICLE 9. TERMINATION: Either party may terminate this Contract with or without cause by providing written notice to the other party sixty (60) days in advance of the termination. In the event of contract termination, the Consultant shall be paid a pro-rata monthly amount up or as negotiated in the attachment, to the effective date of termination upon submittal of the final payment request.

ARTICLE 10. RECORD OWNERSHIP: The District shall be owner of all documents and

records pertaining to any matter undertaken by the Consultant pursuant to this contract.

ARTICLE 11. RELEASE: The Consultant, upon final payment of the amount due under this

Contract, releases the City, its officers and employees from all compensation or payment liabilities,

claims, and obligations arising from or under this Contract. The consultant agrees not to purport to

bind the District to any obligation not assumed herein by the District, unless the Consultant has

express written authority from the District Superintendent or his designee, and then only within the

limits of the expressed written authority.

ARTICLE 12. CONFLICT OF INTEREST: The consultant warrants that it presently has no

interest, and shall not acquire any interest during the term of this Contract that would have the

potential to conflict with the performance of the services required under this Contract. In the event

such a conflict arises, it shall be brought to the attention of the District and appropriate action

acceptable to the District shall be taken. The consultant’s failure to inform the District of the

25

existence of a potential conflict of interest constitutes default and shall be grounds for immediate

termination of Contract by the District.

ARTICLE 13. INDEPENDENT CONSULTANT: Nothing in this Contract is intended, or should

be construed in any way, to create or establish a partnership relationship between the parties or to

establish the Consultant as an agent, representative or employee of the District for any purpose or

any manner whatsoever. Consultant and its employees shall not accrue leave, retirement, insurance,

or any other benefits afforded to employees of the District. Consultant is an independent Consultant

of the District. The consultant, its officers, directors, employees, servants, agents, or representatives

are not and shall not be deemed employees of the District and shall not bind the District in any

respect.

ARTICLE 14. PROCUREMENT CODE: The Procurement Code, 13-1-129 through 13-1-199,

NMSA 1978 as amended, imposes civil and criminal penalties for its violation. In addition, New

Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

ARTICLE 15. AMENDMENTS: This Contract shall not be altered, changed or amended except

by written instrument signed by both parties.

ARTICLE 16. SOVEREIGN IMMUNITY: By entering into this Contract, the District and its

“public employees” as defined in the New Mexico Tort Claims Act, supra, do not waive sovereign

immunity, do not do not waive any defense, and do not waive any limitations of liability pursuant to

law. No provision in this Contract modifies or waives any provision of the New Mexico Tort

Claims Act, supra.

ARTICLE 17. WAIVER: Any waiver by the District of any breach of any covenant, term,

condition or agreement in this Contract to be kept and performed by Consultant shall not be deemed

or considered as a continuing waiver and shall not operate to bar or prevent the District from

declaring a default for any succeeding breach either of the same covenant, term, condition or

agreement or another. All remedies afforded in this Contract shall be taken and construed as

cumulative, that is, in addition to every other remedy provided herein or by law.

ARTICLE 18. MERGER OF PRIOR AGREEMENTS: This Contract incorporates all the

conditions, agreements and understandings of the parties concerning the subject matter of this

Contract. All such conditions, understandings and agreements have been merged into this written

Contract. No prior condition, agreement or understanding, verbal or otherwise, shall be valid or

enforceable unless embodied in this Contract.

ARTICLE 19. PARAGRAPH HEADINGS: Paragraph headings are for convenience and

reference and are not intended to limit the scope of any provision of this Contract.

ARTICLE 20. THIRD PARTY BENEFICIARY: It is agreed between the parties executing this

Contract that it is not intended by any of the provisions of the Contract to create on behalf of the

public or any member thereof the status of third party beneficiary or to authorize anyone not a party

to the agreement to maintain a suit based upon this Contract.

ARTICLE 21. PERSONAL LIABILITY: No elected or appointed official or employee of the

District shall be held personally liable under this Contract or any extension or renewal thereof

because of its enforcement or attempted enforcement, provided they are acting within the course

and scope of their employment or Governmental duty and responsibility.

26

ARTICLE 22. GOVERNING LAW: This Contract shall be construed in agreement with the Laws

of the State of New Mexico. The consultant shall also comply with all applicable Federal and local

laws, ordinances, and the rules and regulations of the District.

ARTICLE 23. BINDING EFFECT OF AGREEMENT: Both parties agree that the terms of this

Contract and any extension or renewal thereof shall extend to and be binding upon the

administrators, assigns, and successors of the contracting parties.

ARTICLE 24. SEVERABILITY: If any clause or provision of the Contract is held to be illegal,

invalid or unenforceable, then it is the intention of the parties hereto that the remainder of the

Contract shall remain in full force and effect. However, in the event that either party can no longer

reasonable perform pursuant to the remaining Contract terms, or if the purpose of the Contract can

no longer be carried out by either party, the Contract is void and no damages shall accrue to either

party.

ARTICLE 25. DISPUTE RESOLUTION: In the event that a dispute arises with respect to any of

the provisions contained in this Contract or any other matter affecting this contractual relationship

between the District and the Consultant, the parties agree to first submit the dispute to non-binding

mediation. Any dispute not resolved in mediation may, by mutual agreement of the parties be

resolved by arbitration in New Mexico in accordance with the rules and procedures of the American

Arbitration Association, and judgment upon the award rendered may be entered into any court

having jurisdiction. All attorneys’ fees and associated expenses shall be awarded as decided by the

Arbitrator.

ARTICLE 26. NOTICE TO PROCEED: It is expressly understood that this Contract is not binding upon

the District until approved and signed by the District, and, further, that the Consultant is not to proceed with

its obligations under the contract until the Consultant has received a fully-signed coy of the Contract.

ARTICLE 27. CONTRACT AMENDMENTS: The City may request changes in the scope of services to

be performed. Any changes, including increase or decrease of compensation and scope of work, which are

mutually agreed upon, shall be incorporated in a written amendment to this contract.

ARTICLE 28. CONFIDENTIAL INFORMATION: Any information give to or developed by the

Consultant in the performance of this Contract will be kept confidential and will not be made available to

any individual, organization, or other entity by the Consultant without prior written approval of the District.

ARTICLE 29. NON-APPROPRIATION: The District’s obligation to make payment under the terms of

this Agreement is contingent upon its appropriation of sufficient funds to make those payments. If the

District does not appropriate funds for the continuation of this Contract, this Contract will terminate upon

written notice of that effect to the Principal. The School Board’s determination that sufficient funds have not

been appropriated is firm, binding and not subject to review.

ARTICLE 30. SUBCONTRACTING: The Consultant shall not subcontract any portion of the services to

be performed under this Agreement without prior written approval of the District.

ARTICLE 31. DUPLICATE ORIGINALS: This document shall be executed in no less than three (3)

counterparts, each of which shall be deemed an original.

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CARLSBAD MUNICIPAL SCHOOLS CONTRACTOR:

_____________________________________ ___________________________________

Superintendent or Designee Signature of Authorized Representative

Date: ________________________________ ___________________________________

Print Name

Mailing Address:

___________________________________

___________________________________

___________________________________

Approved as to Budgetary Sufficiency CRS#: _____________________________

____________________________________ Federal Tax ID# or SS#: _______________ Director of Finance

Telephone #: ________________________

Date: _______________________________

Email:_____________________________

DEPARTMENT: Date: ______________________________

____________________________________

Date: _______________________________

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APPENDIX A

REQUEST FOR PROPOSALS

Design Professional Services

ACKNOWLEDGEMENT OF RECEIPT FORM

In acknowledgement of receipt of this Request for Proposals (RFP), the undersigned agrees that he/she has

received a complete copy of the RFP. The acknowledgement of receipt should be signed and returned to the

Procurement Officer at the address or e-mail shown below no later than close of business on May 27, 2014.

Only potential offerors who elect to return this completed form with the indicated intention of submitting a

proposal will receive copies of all offeror written questions and the District’s written responses to those

questions, as well as RFP amendments, if any are issued.

ORGANIZATION: _______________________________________________________________________

REPRESENTED BY: _____________________________________________________________________

TITLE: _____________________________________ PHONE: __________________________________

E-MAIL: ___________________________________ FAX: ____________________________________

ADDRESS: _____________________________________________________________________________

CITY: _____________________________ STATE: _______ ZIP CODE: ___________________________

SIGNATURE: ___________________________________ DATE: ____________________________

This name and address will be used for all correspondence related to the Request for Proposal.

Organization does \ does not (mark one) intend to respond to this Request for Proposals

Ursulita Trujillo

Procurement Officer

[email protected]

575-234-3300

Fax: 575-234-3366

Carlsbad Municipal Schools

408 N. Canyon St.

Carlsbad, NM 88220


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APPENDIX B CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Substitutions for this form will not be accepted Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to

complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign,

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but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor.

“Pendency of the procurement process” means the time period commencing with the Public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

Name(s) of Applicable Public Official(s) if any:_________________________ (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: __________________________________________ Relation to Prospective Contractor: __________________________________________ Date Contribution(s) Made: __________________________________________ Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) (Attach extra pages if necessary)

___________________________________________________ _____________________ Signature Title/Position Date___________________________

--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 _________________________________ Title/Position ______________________________ Date _____________________________________

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APPENDIX C

RESIDENT VETERANS PREFERENCE CERTIFICATION

Substitutions for this form will not be accepted

_____________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

I declare under penalty of perjury that my business prior year revenue starting January 1, ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I declare under penalty of perjury that my business prior year revenue starting January 1, ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I declare under penalty of perjury that my business prior year revenue starting January 1, ending December 31 is more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty or perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate.

In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I w2ill indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be.

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

*Must be an authorized signatory for the Business.

The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or un-award of the procurement involved if the statements are proven to be incorrect.