City of Albuquerque Request for Proposals Solicitation Number: P2015000011 Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services) September 19, 2014
Deadline for Receipt of Proposals: Friday, November 14, 2014: 4:00 p.m. (Mountain Time) The City eProcurement System will not allow proposals to be submitted after this date and time.
Non-Mandatory Pre-proposal Conference: Tuesday, October 07, 2014 at 1:00pm Old City Hall 400 Marquette Avenue NW 2nd Floor, Room 205 Albuquerque, NM 87102
City of Albuquerque Department of Finance and Administrative Services Purchasing Division
(Revised 7/19/14 - SCN Version) P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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TABLE OF CONTENTS
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Introduction Part
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Instructions to Offerors
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Part
2
Proposal Format
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Part
3
Scope of Services
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Part
4
Evaluation of Proposals
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Part
5
Local Preference Instructions Local Preference Form
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Part
6
Draft Agreement
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Appendix A Overview of Route 66 Revitalization Nodes
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Appendix B Maps of Candidate Route
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Appendix C Preliminary Economic Development Site List
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Appendix D Identifying and Addressing Broadband Service Gaps
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Appendix E Performance Bond Form
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Appendix F Labor and Materials Payment Bond Form
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P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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INTRODUCTION
Background The City of Albuquerque seeks proposals from private partners that are interested in developing a fiber-based “digital backbone” along the Route 66/Central Avenue corridor—which includes the constructing and operating a state-of-the-art fiber-based infrastructure and selling a variety of communications services to businesses, residents, and institutions. It is expected that these services will offer a range of bandwidth options (10 Mbps up to Gigabit and beyond), with affordable, lowcost rates. The City can potentially commit up to $1 million in funding to the successful Offeror to support the network construction and operation to provide said services. The City’s primary goal in promoting the development of a fiber-based digital backbone along Route 66 is to enable economic development and other benefits to the broader community, including attracting and retaining businesses and real estate investment, creating new jobs, and supporting innovation. The City also hopes to encourage competition in the broadband market, improve the level of broadband service to businesses and residents along the Route 66 corridor, and encourage deployment of free Wi-Fi along the route and in nearby neighborhoods. Revitalizing Route 66 in Albuquerque Route 66 was first commissioned in 1926, bringing together as many bits and pieces of existing road as possible. The first route alignment of 1926 to 1937 ran north–south through Albuquerque, part of a giant S-curve. Albuquerque boosters began pushing for a straighter route, and in 1931, federal money was designated to realign the road to a more east-west direction. By 1937, the entire route from Chicago, Illinois, to Santa Monica, California, was paved. The new road carried thousands of GI’s longing for a better look at America and yearning to see what the country held in store for them. Albuquerque grew up along Route 66, and this famous road—now known as Central Avenue within the City limits—remains the main artery through Downtown. Route 66 guides visitors across Albuquerque, from the volcanoes on the City’s far west side past the Rio Grande Botanical Garden and the Albuquerque Aquarium, through historic Old Town and the Downtown business district, and continuing eastward through the University of New Mexico and the trendy Nob Hill area, home to many of the City’s best restaurants, distinctive shops, and boutiques. Because of Route 66’s central role in the life of the City and its residents, the City has included it in “ABQ the Plan,”1 a coordinated effort to:
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Build upon existing City assets and previous planning efforts Leverage partnerships with the private sector and other government entities Take a regional approach Invest in our future while honoring our past
See http://www.cabq.gov/mayor/priorities-and-initiatives/initiatives/abq-the-plan P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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Specifically, the Route 66 Action Plan2 is a long-term plan to bring the ‘Mother Road’ back to Albuquerque and promote it as a destination for visitors as well as a great place to live, work and play. Key aspects of the plan include transportation improvements, inviting streetscapes, business improvements, and incentives for development. The map in Appendix A offers a high-level overview of the 10 “activity nodes” identified in the plan. Current City projects that will benefit Route 66 include Bus Rapid Transit, plans for improvements to the El Vado historic site—and a high-speed fiber-based ‘digital backbone’ that is the subject of this Request for Proposals. Developing a Digital Backbone Along Route 66 The original Route 66 brought economic development, educational opportunities, and civic benefits to Albuquerque. The City hopes to achieve the same benefits by supporting the development of a new type of thoroughfare along Route 66—a broadband network. The City does not seek to become a service provider and does not necessarily seek to construct its own network. (The City currently has institutional network fiber through its franchise agreements.) Rather, the City intends to: 1. Lower the barriers to entry for private sector service providers to construct, operate, and maintain an open-access fiber-based broadband infrastructure in the identified project footprint. 2. Allow multiple Internet Service Providers (ISP) to deliver innovative and competitively priced services via access to a fiber-based open access broadband network. The City has mapped a candidate network architecture that would meet its goals in terms of an overall service footprint (see maps in Appendix B). Based on the City’s exploration and planning to date, there are approximately 150 buildings that represent key economic development targets along the identified network route (see potential list in Appendix C). The City has specific interest in seeing improved service availability in low-income neighborhoods. Key hub areas (digitally inclusive sites) along the backbone route include: • • • • • •
Innovation Square (First Baptist Church Property) Central & Broadway Rail Yard Convention Center University of New Mexico Known network colocation data centers and carrier hotels
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See http://www.cabq.gov/mayor/priorities-and-initiatives/initiatives/abq-the-plan/future-of-route-66/ and http://www.cabq.gov/planning/documents/RT66Summary.pdf P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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In addition, key access areas include: • • • •
Community Centers Senior Centers Old Town Plaza Hotels
Project Outline As a result of this Request for Proposals, the City hopes to identify and enter into a contract with a qualified and motivated network operator to construct, operate, and maintain an open access fiberbased broadband network along the identified Route 66 corridor. The City seeks innovative, competitive bids. While the City has created a high-level design for a network backbone that would achieve the City’s goals, the City is interested in receiving proposals for any routes or service provision options that would meet its goals. (For example, if a Offeror has existing fiber assets along or near the Route 66 corridor, the City would expect that Offeror’s network design to leverage those assets.) The City has allocated up to $1 million in funding to support the successful Offeror, and is prepared to offer additional non-financial support throughout the construction phases. The City anticipates that the successful Offeror will: 1. Design, construct, and operate an open access middle-mile fiber network. 2. Provide broadband services to subscribers, based on their bandwidth needs, at a cost that is substantially lower than the cost of services currently available. 3. Lease dark fiber to third parties on a non-discriminatory basis (assuming threshold credit and technical qualifications are met). 4. Potentially, light some fiber and communications carriers and ISPs.
sell
wholesale communications
services
to
5. Enable businesses to select from a variety of ISPs (i.e., separating the infrastructure from the retail service). 6. Work to secure last-mile build-out investments within the City by end users, potentially including dark fiber lessees. 7. Work closely with City staff to determine key economic development goals and locations and to follow up on specific economic development opportunities. 8. Report periodically on progress to City staff. 9. Provide documentation of fiber use, splicing, and other technical data necessary for robust documentation of the fiber assets.
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The City anticipates that its roles will include: 1. Providing up to $1 million of funding as an economic development tool to support the network operator’s construction and provision of services. 2. Working closely with the network operator to ensure a smooth construction process. 3. Engaging in traditional economic development functions to promote interest among businesses in leasing dark fiber or lit service on the fiber backbone. 4. Forwarding potential customers’ leads and inquiries to the network operator. 5. Facilitating communication with non-profits serving digital inclusion areas.
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PART 1 INSTRUCTIONS TO OFFERORS 1.1 RFP Number and Title: P2015000044, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)” 1.2 Proposal Due Date: November 14, 2014 - NLT 4:00 PM (Local Time) The time and date proposals are due shall be strictly observed. 1.2.1 Non-Mandatory Pre-Proposal Conference: A pre-proposal conference will be held on Tuesday, October 07, 2014 at 1:00pm. This is not a mandatory pre-proposal conference, but highly recommended. Those vendors who choose not to attend shall be solely responsible for obtaining any additional information, clarifications or addenda resulting from this meeting. Non-Mandatory Pre-proposal Conference: Tuesday, October 07, 2014 at 1:00pm Old City Hall 400 Marquette Avenue NW 2nd Floor, Room 205 Albuquerque, NM 87102 1.2.1.1 Pre-Proposal Conference Questions: The City shall have in attendance key personnel to answer questions or discuss issues that may arise. Questions should be prepared prior to the conference and submitted in writing to the Purchasing representative no later than October 05, 2014. Questions received by the Purchasing Office after October 05, 2016 may not be addressed at the conference but will be responded to via an addendum to this RFP; see 1.2.2. 1.2.2 General Questions and Inquiries: All inquiries and questions related to this Request for Proposals must be directed in writing via email to: Cheryl Vigil. To maintain fairness to all bidders, any attempts to contact City staff or consultants regarding this Request for Proposals outside of this specifically provided vehicle will be grounds for the City to reject your submission. All questions and responses to questions will be considered to be public and electronically distributed to all entities in our e-procurement system. 1.3 Purchasing Division: This Request for Proposals is issued on behalf of the City of Albuquerque by its Purchasing Division, which is the sole point of contact during the entire procurement process. 1.4 Authority: Chapter 5, Article 5 of the Revised Ordinances of the City of Albuquerque, 1994, (the “Public Purchases Ordinance”). The City Council, pursuant to Article 1 of the Charter of the City of Albuquerque and Article X, Section 6 of the Constitution of New Mexico, has enacted this Public Purchases Ordinance as authorized by such provisions and for the purpose of providing maximum local self-government. To that end, it is intended that this Public Purchases Ordinance shall govern all purchasing transactions of the City and shall serve to exempt the City from all provisions of the New Mexico Procurement Code, as provided in Section 13-1-98K, NMSA 1978. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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1.5 Acceptance of Offer: Acceptance of Offer is contingent upon Offeror’s certification and agreement by submittal of its proposal, to comply and act in accordance with all provisions of the following: 1.5.1
City Public Purchases Ordinance
1.5.2 City Purchasing Rules and Regulations: These Rules and Regulations (the “Regulations”) are written to clarify and implement the provisions of the Public Purchases Ordinance. These Regulations establish policies, procedures, and guidelines relating to the procurement, management, control, and disposal of goods, services, and construction, as applicable, under the authority of the Public Purchases Ordinance. 1.5.3 Civil Rights Compliance: Acceptance of proposals is contingent upon the Offeror’s certification and agreement by submittal of its proposal, to comply and act in accordance with all provisions of the Albuquerque Human Rights Ordinance, the New Mexico Human Rights Act, Title VII of the U.S. Civil Rights Act of 1964, as amended, and all federal statutes and executive orders, New Mexico statutes and City of Albuquerque ordinances and resolutions relating to the enforcement of civil rights and affirmative action. Questions regarding civil rights or affirmative action compliance requirements should be directed to the City of Albuquerque Human Rights Office. 1.5.4 Americans with Disabilities Act Compliance: Offeror certifies and agrees, by submittal of its proposal, to comply and act in accordance with all applicable provisions of the Americans With Disabilities Act of 1990 and federal regulations promulgated thereunder. 1.5.5 Insurance and Bonding Compliance: Acceptance of proposals is contingent upon Offeror’s ability to comply with the insurance requirements as stated herein. Please include a certificate or statement of compliance in your proposal and bonds as required. 1.5.5.1 Performance Bond and Labor and Material Payment Bond. If the successful Offeror’s proposal in includes construction, the successful Offeror will be required to furnish separate surety bonds each as security for the faithful performance of the contract and for the payment of all labor and materials. These bonds must be issued on the form attached to this solicitation by a surety duly authorized to conduct business in the State of New Mexico and listed on the Department of Treasury’s listing of certified companies. These bonds must be furnished prior to or at the time of the issuance of a purchase order, but no later than fifteen (15) calendar days after the date of receipt of a written notice of award of contract resulting from this solicitation. The Offeror must be named as a principal on the bonds. No third party bonds will be accepted. Cashier’s checks, letters of credit, cash, or other substitutes will not be accepted. The amount of the bond is 100% of the awarded contract amount. 1.5.6
Ethics: 1.5.6.1 Fair Dealing. The Offeror warrants that its proposal is submitted and entered into without collusion on the part of the Offeror with any person or firm, without fraud and in good faith. Offeror also warrants that no gratuities, in the form
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of entertainment, gifts or otherwise, were, or will be offered or given by the Offeror, or any agent or representative of the Offeror to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award. 1.5.6.2 Conflict of Interest. 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 of services required under the contract resulting from this Request for Proposals. The Offeror also warrants that, to the best of its knowledge, no officer, agent or employee of the City who shall participate in any decision relating to this Request for Proposals and the resulting contract, currently has, or will have in the future, a personal or pecuniary interest in the Offeror’s business. 1.5.7 Participation/Offeror Preparation: Offeror may not use the consultation or assistance of any person, firm company who has participated in whole or in part in the writing of these specifications or the Scope of Services, for the preparation of its proposal or in the management of its business if awarded the contract resulting from this Request for Proposals. 1.5.8 Debarment or Ineligibility Compliance: By submitting its proposal in response to this Request for Proposals, the Offeror certifies that (i) it has not been debarred or otherwise found ineligible to receive funds by any agency of the federal government, the State of New Mexico, any local public body of the State, or any state of the United States; and (ii) should any notice of debarment, suspension, ineligibility or exclusion be received by the Offeror, the Offeror will notify the City immediately. Any proposal received from an Offeror that is, at the time of submitting its proposal or prior to receipt of award of a contract, debarred by or otherwise ineligible to receive funds from any agency of the federal government, the State of New Mexico, any local public body of the State, or any state of the United States, shall be rejected. Upon receipt of notice of debarment of an Offeror awarded a contract as a result of this Request for Proposals (the “Contractor”), or other ineligibility of the Contractor to receive funds from any agency of the federal government, the State of New Mexico, any local public body of the State, or any state of the United States, the City shall have the right to cancel the contract with the Contractor resulting from this Request for Proposals for cause in accordance with the terms of said contract. 1.5.9 Goods Produced Under Decent Working Conditions: It is the policy of the City not to purchase, lease, or rent goods for use or for resale at City owned enterprises that were produced under sweatshop conditions. The Offeror certifies, by submittal of its proposal in response to this solicitation, that the goods offered to the City were produced under decent working conditions. The City defines “under decent working conditions” as production in a factory in which child labor and forced labor are not employed; in which adequate wages and benefits are paid to workers; in which workers are not required to work more than 48 hours per week (or less if a shorter workweek applies); in which employees are free from physical, sexual or verbal harassment; and in which employees can speak freely about P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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working conditions and can participate in and form unions. [Council Bill No. M-8, Enactment No. 9-1998] 1.5.10 Graffiti Free: When required, the Contractor will be required to furnish equipment, facilities, or other items required to complete these services, that are graffitifree. Failure of Contractor to comply with this requirement may result in cancellation of the contract resulting from this Request for Proposals. 1.6 City Contact: The sole point of contact for this Request for Proposals is the City of Albuquerque Purchasing Division. Questions regarding this Request for Proposals should be directed to the following Purchasing representative for this solicitation through the online eProcurement system unless otherwise specified in the solicitation:
Cheryl Vigil, Senior Buyer, Department of Finance and Administrative Services, Purchasing Division Phone: (505) 768-4945 or E-Mail:
[email protected] Post Office Box 1293, Albuquerque, New Mexico 87103
1.7 Contract Management: The contract resulting from this Request for Proposals will be managed by the Finance and Administrative Service Department, Information Technology Services Division. 1.8 Clarification: Any explanation desired by an Offeror regarding the meaning or interpretation of this Request For Proposals must be requested in writing not less than ten (10) working days prior to the deadline for the receipt of proposals to allow sufficient time for a reply to reach all Offerors before the submission of their proposals. No extension of time will be granted based on submission of inquiries subsequent to the required date nor will such inquiries be answered. All inquiries must be directed to the Purchasing Division as stated herein. Oral explanations or instructions given before the award of the contract or at any time will not be binding. All answers will be posted to the online eProcurement System and will constitute Addenda to this Request for Proposals. 1.9 Submission of Proposals. The Offeror’s sealed proposal must be submitted both in hard copy (see Sections 1.9.5 through 1.9.7) as well as electronically through the eProcurement system (see Section 1.9.1) in the format outlined in Part 2 of this Request for Proposals and mailed or delivered pursuant to the following requirements: 1.9.1 Electronic Copy. Submit your complete Proposal including all forms, attachments, exhibits, Technical Proposal, Cost Proposal, etc. using the eProcurement System at http://www.cabq.gov/dfa/purchasing/solicitations/solicitations. If you do not have a username and password, please register as this is the only method to submit electronically on Sicomm.net. For assistance, please contact the Sicomm.net technical support at (800) 614-0563 or (505) 341-9201. 1.9.2 Hard Copy. In addition to the electronic submittal, Offeror must also submit one (1) original and seven (7) copies of its Technical Proposal. The original Proposal shall be clearly marked as “Original” on the cover of the Proposal. In addition, in a separate envelope, clearly marked as “Cost Proposal,” submit one (1) original and three (3) copies of your Cost Proposal for this Request for Proposals. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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1.9.3 Soft Copy. In addition to the electronic copy, include with your original hard copy Proposal submission, on a flash drive, CD, DVD, or other media compatible with the City’s system, an electronic file of your Technical and Cost Proposals as well as all forms, attachments, exhibits, etc. 1.9.4 Proposal Package Preparation. Proposals and modifications thereof shall be enclosed in sealed envelopes and have the following identifying information on the outside:
Name and Address of Offeror Closing Date and Time of Request for Proposals Request for Proposals Number Request for Proposals Title
1.9.5 Ship, Deliver, or Hand-Carry Sealed Proposals to: Office of the City Clerk, 600 Second St. NW, Plaza Del Sol, 7th Floor Room 720, Albuquerque, New Mexico 87102. Mark all packages as stated above. Use this address for packages sent via non United States Postal Service carriers. 1.9.6 Mail Sealed Proposals to: Office of the City Clerk, Post Office Box 1293, Albuquerque, New Mexico 87103. (Certified Mail is recommended). The City shall not be responsible for the failure of mailed proposals to actually be received by the Office of the City Clerk by 4:00 PM (Mountain Time) of the day of closing. ALL SEALED PROPOSALS MUST BE RECEIVED BY THE OFFICE OF THE CITY CLERK AS SPECIFIED HEREIN. 1.9.7 No other methods of proposal delivery. Neither telephone, facsimile, nor telegraphic proposals shall be accepted. 1.9.8 Modification. Proposals may be modified or withdrawn only by written notice, provided such notice is received prior to the Proposal Due Date. 1.9.9 Receipt of Proposals. The only acceptable evidence to establish the time of receipt of Proposals at the City Clerk’s Office is the time-date stamp of that Office on the Proposal wrapper or other documentary evidence of receipt maintained by that Office. Since both electronic and hard copy submission is required, the City will treat the time-stamp of the later of the two receipts as the official documentary evidence of receipt. 1.9.10 Acknowledgment of Addenda to the Request for Proposals. Receipt of Addenda to this Request for Proposals by an Offeror must be acknowledged a) by signing and returning the Addenda, or b) by letter. Such acknowledgment may be submitted with the proposal. Such acknowledgment must be received prior to the hour and date specified for receipt of proposals. 1.10 Modifications to Scope of Services: In the event that sufficient funds do not become available to complete each task in the Scope of Services, the Scope of Services may be amended, based upon the cost breakdown required in the Cost Proposal. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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1.11 Draft Agreement: A copy of the Draft Agreement to be entered into is included in the Request for Proposals. Please state that you accept the terms and conditions of the Draft Agreement, or note exceptions. The Draft Agreement may differ from the final Agreement. 1.12 Contract Term: The contract resulting from this solicitation is anticipated to have a term of one (1) year and may be extended for up to four (4) additional one-year periods upon written agreement of the City and the successful Offeror. 1.13 Evaluation Period: The City reserves the right to analyze, examine and interpret any proposal for a period of ninety (90) days after the hour and date specified for the receipt of proposal. 1.14 Evaluation Assistance: The City of Albuquerque, in evaluating proposals, reserves the right to use any assistance deemed advisable, including City contractors and consultants. 1.15 Rejection and Waiver: The City reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. 1.16
Award of Contract: 1.16.1 When Award Occurs: Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City is provided to the Offeror. A Recommendation of Award does not constitute award of contract. 1.16.2 Award: If a contract is awarded, it shall be awarded to the responsive and responsible Offeror whose proposal conforming to the Request for Proposals will be most advantageous to the City as set forth in the Evaluation Criteria.
1.17 Cancellation: This Request for Proposals may be canceled for any reasons and any and all proposals may be rejected in whole or in part when it is in the best interests of the City. 1.18 Negotiations: Negotiations may be conducted with the Offeror(s) recommended for award of contract. 1.19 City-Furnished Property: No material, labor, or facilities will be furnished by the City unless otherwise provided for in this Request for Proposals. 1.20 Proprietary Data: The file and any documents relating to this Request for Proposals, including the proposals submitted by Offerors, shall be open to public inspection after the recommendation of award of a contract has been signed by the Mayor, or his designee. An Offeror may designate trade secrets or other proprietary data to be confidential by separating that material from the Offeror’s main proposal, marking it as “Confidential” and uploading it separately from its main proposal submitted in response to this Request for Proposals. Pricing and makes and models or catalog numbers of items offered, delivery terms, and terms of payment should not be so designated. The City of P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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Albuquerque will endeavor to restrict distribution of material separated, designated as “Confidential” and provided separately to only those individuals involved in the review and analysis of the proposals. If a request for inspection of records under the New Mexico Inspection of Public Records Act (Sections 14-2-1 et seq, NMSA 1978) is received, however, which request encompasses such materials, they will be disclosed. The City assumes no responsibility to maintain the confidentiality of any materials submitted in response to this Request for Proposals. Any proposal in which a majority of pages are marked as confidential without an apparent justification shall be deemed nonresponsive. 1.21 Preferences: Preferences for local, small and resident or Veterans (state) businesses may be available under the City of Albuquerque Public Purchases Ordinance, for this procurement. See Part 5 of this Request for Proposals for additional information. 1.22
REQUEST FOR PROPOSALS PROTEST PROCESS: 1.22.1 When: If the protest concerns the specifications for a competitive solicitation or other matters pertaining to the solicitation documents, it must be received by the Chief Procurement Officer no later than 5:00 p.m. of the tenth business day prior to the deadline for the receipt of proposals. 1.22.2 Recommendation of Award: If the protest concerns other matters relating to this solicitation, the protest must be filed with the Chief Procurement Officer no later than 5:00 p.m. of the tenth business day after the receipt of notice of the Recommendation of Award. 1.22.3 Timely Protests: Protests must be received by the Chief Procurement Officer prior to the appropriate deadline as set out herein, or they will not be considered valid. The Chief Procurement Officer may waive the deadline for good cause, including a delay caused by the fault of the City. Late delivery by the U.S. Postal Service or other carrier shall not be considered good cause. 1.22.4 How to File: Any Offeror who is aggrieved in connection with a competitive solicitation or recommendation of award of a contract may protest to the City Chief Procurement Officer. The protest shall be addressed to the Chief Procurement Officer, must be submitted in written form and must be legible. Protests may be hand-delivered or mailed. Facsimile, telephonic, telegraphic or electronic protests will not be accepted. 1.22.5 Required Information: following:
The protest shall contain at a minimum the
The name and address of the protesting party; The number of the competitive solicitation; A clear statement of the reason(s) for the protest detailing the provisions believed to have been violated; Details concerning the facts, which support the protest; Attachments of any written evidence available to substantiate the claims of the protest; and A statement specifying the ruling requested.
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1.22.6 Address Letters and Envelopes as Follows:
City of Albuquerque Purchasing Division Attn: Chief Procurement Officer PO Box 1293 Albuquerque, New Mexico 87103
RFP Number P2015000011 PROTEST
1.22.7 Protest Response by Chief Procurement Officer: The Chief Procurement Officer will, after evaluation of a protest, issue a response. Only the issues outlined in the written protest will be considered by the Chief Procurement Officer. 1.22.8 Protest Hearing: If a hearing is requested, the request must be included in the protest and received within the time limit. The filing fee of twenty dollars ($20.00) must accompany the request for hearing. Only the issues outlined in the protest will be considered by the Chief Procurement Officer, or may be raised at a protest hearing. The granting of a hearing shall be at the discretion of the Chief Procurement Officer following review of the request. 1.23
INSURANCE: 1.23.1 General Conditions: The City will require the successful Offeror to procure and maintain at its expense during the term of the contract resulting from this Request for Proposals, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of New Mexico, covering all operations of the successful Offeror under the contract. Upon execution of the contract and on the renewal of all coverages, the successful Offeror shall furnish to the City a certificate or certificates in form satisfactory to the City as well as the rider or endorsement showing that it has complied with these insurance requirements. All certificates of insurance shall provide that thirty (30) days written notice be given to the Risk Manager, Department of Finance and Administrative Services, City of Albuquerque, P.O. Box 470, Albuquerque, New Mexico, 87103, before a policy is canceled, materially changed, or not renewed. Various types of required insurance may be written in one or more policies. With respect to all coverages required other than professional liability or workers’ compensation, the City shall be named an additional insured. All coverages afforded shall be primary with respect to operations provided. 1.23.2 Approval of Insurance: Even though the successful Offeror may have been given notice to proceed, it shall not begin any work under the contract resulting from this Request for Proposals until the required insurance has been obtained and the proper certificates (or policies) filed with the City. Neither approval nor failure to disapprove certificates, policies, or the insurance by the City shall relieve the successful Offeror of full responsibility to maintain the required insurance in full force and effect. If part of the contract is sublet, the successful Offeror shall include any or all subcontractors in its insurance policies, or require the subcontractor to secure insurance to protect itself against all hazards enumerated herein, which are not covered by the successful Offeror’s insurance policies.
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1.23.3 Coverage Required: The kinds and amounts of insurance required are as follows: 1.23.3.1 Commercial General Liability Insurance. A commercial general liability insurance policy with combined limits of liability for bodily injury or property damage as follows: $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000
Per Occurrence Policy Aggregate Products Liability/Completed Operations Personal and Advertising Injury Fire Legal Medical Payments
Said policy of insurance must include coverage for all operations performed for the City by the successful Offeror and contractual liability coverage shall specifically insure the hold harmless provisions of the contract resulting from this Request for Proposals. 1.23.3.2 Automobile Liability Insurance. A comprehensive automobile liability insurance policy with liability limits in amounts not less than $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one occurrence. The policy must include coverage for the use of all owned, non-owned, hired automobiles, vehicles and other equipment both on and off work. 1.23.3.3 Workers’ Compensation Insurance. Workers’ compensation insurance policy for the successful Offeror employees, in accordance with the provisions of the Workers’ Compensation Act of the State of New Mexico, (the “Act”). If the successful Offeror employs fewer than three employees and has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The successful Offeror will notify the City and comply with the Act should it employ three or more persons during the term of the contract resulting from this Request for Proposals. 1.23.4 Increased Limits: During the life of the contract the City may require the successful Offeror to increase the maximum limits of any insurance required herein. In the event that the successful Offeror is so required to increase the limits of such insurance, an appropriate adjustment in the contract amount will be made. 1.23.5 Additional Insurance: The City may, as a condition of award of a contract, require a successful Offeror to carry additional types of insurance. The type and limit of additional insurance is dependent upon the type of services provided via the contract by the successful Offeror.
1.23.6 Pay Equity Documentation: All proposals shall include a completed Pay P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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Equity Reporting Form, PE-10-249 as provided by the New Mexico General Services Department, Purchasing Division and which can be accessed in the Solicitation Instructions. Offerors who believe they are except because they (1) are an out-of-state contractor that has no facilities and no employees working in New Mexico; or have fewer than ten (10) employees are not required to report data, but must submit a statement certifying their status as exempt. Any proposal that does not include a completed form or a statement of certification shall be deemed nonresponsive.
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PART 2 PROPOSAL FORMAT The successful Offeror will have the following preferred attributes: 1. Successful history of network construction, operations, and maintenance 2. Experience in the provision of lit service to a range of customer types 3. Experience in dark fiber transactions with commercial business enterprises, building owners, and communications service providers 4. Knowledge of the middle-mile and last-mile broadband industry 5. Financial stability 6. Presence in, or connection to, the City of Albuquerque 2.1
Technical Proposal Format, Section One 2.1.1 Offeror Identification: State name and address of your organization or office and nature of organization (individual, partnership or corporation, private or public, profit or non-profit). Subcontractors, if any, must be identified in a similar manner. Include name and telephone number of person(s) in your organization authorized to execute the Draft Agreement. Submit a statement of compliance with all laws stated herein. Submit a statement of agreement of the terms and conditions of the Draft Agreement; state exceptions. Show receipt of Addenda if applicable. Provide a statement or show ability to carry the insurance specified. Indicate your interest in the project; highlight key points of your proposal. Cover letter not to exceed 3 pages. Offeror Overview: Include company history, number of employees by discipline, company locations, location of office where this project will be managed, length of time your firm has provided similar services, and other relevant information. Offeror Overview not to exceed 5 pages. 2.1.2
2.1.3 Proposed Project Team: Include an organizational chart and resumes of key project team members, including their roles in this project. Identify the primary manager for this project. (That person’s resume must provide the qualifications for this role.). . Provide a list of key team members and their roles, and an organizational chart. Proposed Project Team (excluding resumes) not to exceed 2 pages. 2.1.4 Experience: Indicate your experience with all aspects of your proposed tasks, including constructing and maintaining network infrastructure, deploying broadband services, and leasing dark fiber. Experience not to exceed 10 pages.
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State relevant experience constructing and operating network infrastructure and selling wholesale communications services to ISPs and other providers. The City’s goal is to increase the availability of affordable broadband throughout the City, particularly in underserved areas, and promoting economic development in targeted areas of the Route 66 corridor.
State your demonstrate ability to transact dark fiber leases of a variety of lengths with commercial customers and other wholesale or last mile service providers in furtherance of the City’s goal of providing attractive pricing to wholesale and lastmile commercial providers to increase the availability of affordable wholesale and last-mile broadband throughout the City, but particularly in targeted economic development zones and in underserved areas.
State your demonstrated ability to build the value of fiber assets by providing for interconnection between customer fiber and other fiber in order to extend potential service between more distant locations.
Explain your knowledge of the communications industry, including the potential customers for both lit services and dark fiber.
List your marketing capability and expertise.
Describe a minimum of three (3) projects of similar scope and size, which are now complete. Please include the name, address, phone number, and email address for each reference as well as a description of work and dates completed. You may provide more than three references if you wish. References not to exceed 5 pages.
State relevant experience with other municipalities or government entities.
Proposed Services and Project Approach: Please define, in significant detail, how your firm will accomplish the Scope of Services described. This section is not about marketing your firm. The response needs to succinctly address what you are proposing. Also, as requested, identify any innovative techniques you have used on past projects. Structure the section with the following information: 2.1.5
a. Proposed fiber routes. Total strand counts in each segment. Open access strand counts in each segment. Identification of new construction and existing assets in each segment. b. Estimated deployment time to complete implementation. c. Overview of how your proposal meets open access requirements: Dark fiber leases Wholesale transport Other
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d. Summary of how your approach will address service gaps (see Appendix D). e. Summary of how your proposal addresses the City’s Innovation Square objectives. f. Summary of how your approach encourages and enables small or start-up ISPs to offer retail services. g. Summary of how your proposal will encourage and support local non-profits and other organizations to offer wireless and other solutions to address the digital divide. h. Summary of how you will leverage the City’s proposed $1 million in funding. i. Summary of the proposed business and operations model for sustainability, including an estimate of ongoing operational and maintenance expenses. j. Summary of your anticipated market, proposed services, proposed subscriber fees, and proposed take rates. k. Along the path of Central Avenue there are underserved neighborhoods that could benefit from this effort. How would you as a provider offer services to neighborhoods along this route? Please include a summary of proposed free Wi-Fi deployments along the route and in more densely populated neighborhoods. 2.1.6 Project Schedule: Indicate your proposed project schedule for the Scope of Services described. Project schedule not to exceed 2 pages. 2.1.7 Financial Statements: Please provide information related to your financial stability, including audited financial statements over the past two (2) years, any pending lawsuits or legal actions against your company, and contact information for your financial institution. Include your coverage for general liability, workers compensation, professional liability, and errors & omissions insurances. 2.1.8 Other Current Projects: Indicate your existing client workload and what other projects your team is committed to, including project timeframes. If you have any projects that may cause a conflict of interest or could otherwise hinder your proposed project schedule, please describe those projects and how your firm manages multiple client priorities. Current Projects not to exceed 5 pages. 2.2
Cost Proposal Format, Section Two 2.2.1
Total Cost: Submit your Cost Proposal separately from your technical proposal.
2.2.2
The cost proposal should, at a minimum, contain the following information:
Total estimated cost of new fiber construction.
Total estimated avoided costs by leverage of existing assets.
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The cost for the entire project broken down by the activities or steps shown on the project schedule.
Estimated periodic billing to the City based on the cost of the deliverable items.
Detailed costs by task and number of hours dedicated to each task as listed in the specifications. This might include, but is not limited to:
Hours by category, hourly rates, and total labor broken out by professional and other labor. Rates are to include all overhead and profit.
Purchased materials, unit costs, and quantities.
Travel, lodging, and other direct expenses.
Subcontract costs if applicable, and additional consulting beyond the scope of the described tasks (if requested).
2.2.3 All Costs: All costs to be incurred and billed to the City should be described by the Offeror for each item, to allow for a clear evaluation and comparison, relative to other proposals received. All costs should include any applicable gross receipts taxes. The Offeror should understand that the City will not pay for any amounts not included in the cost proposal—for example, insurance or taxes—and that liability for items not included remains with the Offeror.
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PART 3 SCOPE OF SERVICES This Request for Proposals seeks proposals from qualified Offerors to design, construct, operate, and maintain a fiber network along the Route 66/Central Avenue corridor through the City of Albuquerque. Basic Terms 1. The City can make available up to $1 million in funding to support the network construction. 2. The selected Offeror will commit to constructing and operating an open access middle mile fiber network that meets the outlined objectives. 3. Among the City’s objectives for this effort is bringing competitive last-mile broadband services to underserved areas. Major portions of the fiber backbone could be used to serve last-mile customers (consumers and businesses) in parts of Albuquerque where services are not cost effective or not available from competing providers. Special consideration will be given to Offerors who will propose plans for making free Wi-Fi or other services available in underserved areas and corridors along the Central Avenue path.
Candidate Network Route A map of the City’s candidate fiber route is attached as Appendix B and a description and highlevel cost estimate of the route are provided below for reference. Upon receipt of the Intent to Respond form the City will provide an electronic copy of the proposed routes (Google Earth and GIS). The City does not require that Offerors adhere to this candidate route—but the proposed backbone network must achieve the City’s overall goals, including by serving the identified activity nodes (see Appendix A) and the identified target sites (see Appendix C). The estimated cost to construct the east and west ring along the main area of concentration is $2.5 million with a combination of overhead and underground construction. This is based on an average construction cost of $243,000 per mile for underground and $65,000 per mile for overhead. The cost estimate is summarized in the table below. Ring (See Appendix B) West (blue) East (red) Total
Total Miles 4.95 14.40 19.35
Estimated Percentage Overhead 50.00% 70.00% 64.91%
Estimated Cost $761,410.00 1,704,960.00 $2,466,370.00
Please note that the overhead construction estimate does include make-ready. The make-ready P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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estimates however are subject to pole owner assessments and pole attachment agreements. The estimated cost for 100 percent underground is $4.7 million. Please note, the above estimate is for the rings along the main area of concentration (see Appendix B, blue and red routes) and does not include laterals or other routes on the Route 66 corridor.
Route Overview The total length of the target Central Avenue corridor, from the I-40 Bypass, is approximately 17.2 miles. Along this corridor are approximately 69 areas of interest, many with multiple services possible, along with bus stop Wi-Fi access every 1,000 feet. The main area of concentration for the City’s project extends approximately 8.9 miles, from the Rio Grande River on the west to Eubank Blvd. NE on the east. In this subsection of the corridor, there are approximately 61 areas of interest, many with multiple services possible, along with bus stop Wi-Fi access every 1,000 feet. The following description concentrates on the area from the Rio Grande River to Eubank Blvd. As an overview, from Eubank Blvd. NE traveling west on Central Ave. for about 2.1 miles, there are many small businesses along the route, mostly small stores such as auto parts, office supplies, mom-and-pop restaurants, car dealers, gas stations, and motels. There are also vacant lots and buildings up to Louisiana Blvd. NE where the Downs Racetrack and Casino are located in the northwest quadrant. Aerial construction might be feasible in this segment. If the Offeror plans to take an aerial approach to constructing a network in this area, a joint pole agreement must be obtained. Also note that the required make-ready work may be extensive at some locations. If aerial construction is planned along this route, the farthest it could continue would be to I-25 at the Hospital. From this point through the Downtown area, the City’s engineering evaluation recommends that network construction should go underground. Residential areas to the north and south sides of Central Ave. along this corridor are a mix of onestory homes and mobile home parks—overall, a high-density housing area. This pattern continues for the next 2.6 miles from Louisiana Blvd. NE to Girard Blvd. NE: Mostly one-story businesses, with a mix of fast food, motels, and small shops. A high-rise at 5365 Central Ave. is the first multistory building along the route; this is at the corner of Central Avenue and San Mateo Blvd. NE, approximately one mile from Louisiana Blvd. NE. For the next 1.6 miles to Girard Blvd. NE, there are fewer vacant lots and business properties. From Girard Blvd. NE to University Blvd. NE (approximately 0.77 mile), Central Avenue borders the University of New Mexico campus (on the north side of Central); on the south side of Central are the same types of business storefronts that have dominated the route from Eubank.
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From University Blvd. NE to I-25 (approximately 0.57 miles), there are more standalone businesses and several multi-story buildings. The Presbyterian Hospital dominates the southeast quadrant of Central Ave. and I-25; across the street, the Crossroads Motel anchors the northeast corner. From I-25 to the railroad overpass, a distance of approximately 0.6 miles, are several significant sites in terms of the City’s revitalization planning. This area includes Innovation Square (the former First Baptist Church) and Old Albuquerque High School, at the corner of Central Ave. and Broadway Blvd. NE. From the railroad overpass to the traffic circle at 8th St. is approximately 0.55 mile—and encompasses a very congested downtown area with many multi-story buildings and most of the City’s government offices and high-tech businesses. In this area, there are storefronts and commercial space on ground level, with mixed use on the upper floors of many of the buildings. From the traffic circle west to the Rio Grande Bridge is approximately 1.7 miles. There is a lot of new development along this portion of the route.
Considerations The biggest area of concern for placement of the new fiber will be in the 0.55 mile Downtown corridor from the railroad overpass to the 8th St. circle—both because of potential future plans for modifying the overpass, and because of the challenges of traversing a rail line. The City seeks a network design that includes a full ring for protection, or a collapsed ring with hubs out to other regions of the City. For a fully ringed system to the east, from Innovation to Eubank, the City’s engineering analysis recommends coming north on Eubank to Lomas Blvd., then west back to Broadway. This would be a total loop of approximately 14.4 miles. The east ring will need at least one additional hub location. There are several prime locations along the route. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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A recommended west ringed system would extend from Innovation on Central Ave. to the river, south on Paseo Del Bosque Trail to Alcalde Pl. heading east. At Broadway, it would turn north back to Innovation. This route is about 4.95 miles. The description is for the middle-mile backbone build only and does not take into account the cost of last-mile connections to the City’s targeted buildings. Many building connections will be a short build off the backbone, but several are off the rings up to 5.4 miles. The way the rings are configured will give the City the shortest last-mile routing, therefore minimizing the cost for connecting those buildings.
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PART 4 EVALUATION OF PROPOSALS 4.1 Selection Process. The Mayor of Albuquerque shall name, for the purpose of evaluating the proposals, an Ad Hoc Advisory Committee. On the basis of the evaluation criteria established in this Request for Proposals, the committee shall submit to the Mayor a list of qualified firms in the order in which they are recommended. Proposal documentation requirements set forth in this Request for Proposals are designed to provide guidance to the Offeror concerning the type of documentation that will be used by the Ad Hoc Advisory Committee. Offerors should be prepared to respond to requests by the Purchasing Office on behalf of the Ad Hoc Advisory Committee for oral presentations, facility surveys, demonstrations or other areas deemed necessary to assist in the detailed evaluation process. Offerors are advised that the City, at its option, may award this request on the basis of the initial proposals. 4.2 Evaluation Criteria. The following general criteria, not listed in order of significance, will be used by the Ad Hoc Advisory Committee in recommending contract award to the Mayor. The proposal factors will be rated on a scale of 0-1,000 with weight relationships as stated below. Scoring Criteria Quality of response and understanding of City goals Proposed services and rates [not to include project cost, this is for the proposed monthly fee(s)]. Ability to support open-access requirements Strategy for promoting economic development objectives Ongoing Operational model Cost proposal Project Schedule Experience of company and project team Strategy for digital inclusion Marketing and sales capability References Total Possible Points:
Points 200 150 100 100 100 100 50 50 50 50 50 1,000
4.2.2 Cost/Price Factors: The evaluation of cost factors in the selection will be determined by a cost/price analysis using your proposed figures. Please note that the lowest cost is not the sole criterion for recommending contract award. 4.2.3 Cost Evaluation. The cost/price evaluation will be performed by the City Purchasing Division or designee. A preliminary cost review will ensure that each Offeror has complied with all cost instructions and requirements. In addition, proposals will be examined to ensure that all proposed elements are priced and clearly presented. Cost proposals that are incomplete or reflect significant inconsistencies or inaccuracies will be scored accordingly or may be rejected by the Ad Hoc Advisory Committee if lacking in information to determine the value/price/cost relative to the services proposed. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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PART 5 - Instructions for PREFERENCE CERTIFICATION FORM For Local, Small or Resident Business Preferences (Goods & Services) 1. ALL INFORMATION MUST BE PROVIDED. A 5% small business preference, a 5% local preference or resident business preference and Veterans preference are available for this procurement. To qualify, an Offeror MUST complete and submit this Form WITH ITS PROPOSAL. For a Veteran’s preference the New Mexico State certification of eligibility MUST be attached. If an proposal is received without the Forms attached, completed, signed and certified, or if the Form is received without the required information, the preference will not be applied. THE FORM OR A CORRECTED FORM WILL NOT BE ACCEPTED AFTER THE DEADLINE FOR RECEIPT OF BIDS OR PROPOSALS. 2. PHYSICAL LOCATION MUST BE STATED. To qualify for the small business or local preference, a business must have its principal office and place of business in the Greater Albuquerque Metropolitan Area. The business location inserted on the Form must be a physical location, street address or such. DO NOT use a post office box or other postal address. 3. FORM MUST BE COMPLETED BY PRINCIPAL OFFEROR. This Form must be completed for the Principal Offeror, or one of the Principal Offerors if the Offeror is a joint venture or partnership, or by an individual authorized to sign for the Offeror. Subcontractors of the Offeror may not be used to qualify a proposal for a preference and should not complete or submit the Form. 4. APPLICATION OF PREFERENCES. The small business preference and the local business preference will be applied to all proposals submitted by eligible small businesses. The local preference only will be applied to all proposals submitted by eligible local businesses which are not small businesses. If there are no proposals submitted in response to a solicitation that are eligible for the local preference, then the Resident Business Preference will be applied to any proposals submitted which have provided a valid, State of New Mexico-issued, Resident Business or Resident Manufacturer Certification Number. 5.
DEFINITIONS. The following definitions apply:
The Greater Albuquerque Metropolitan Area includes all locations within the City of Albuquerque and Bernalillo County.
A local business is a business with its principal office and place of business in the Greater Albuquerque Metropolitan Area.
A small business is a local business which employs an average of fewer than 50 full-time employees in a calendar year. The calendar year immediately prior to the request for the preference should be used.
A principal office is the main or home office of the business as identified in tax returns, business licenses and other official business documents.
A place of business is a location where the business conducts its daily operations, for the general public, if applicable.
A full-time employee is an employee of the business who is hired to work at least forty (40) hours per week, whether in a permanent, temporary or seasonal status. If all full-time employees of the business are hired to work a shorter work week, the City’s Chief Procurement Officer may reduce this requirement, upon receipt of adequate documentation.
6. ADDITIONAL DOCUMENTATION. If requested, a business will be required to provide, within three working days of receipt of the request, documentation to substantiate the information provided on the Form. The City’s Chief Procurement Officer shall determine the sufficiency of such documentation. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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LOCAL and SMALL VENDOR PREFERENCE AFFIDAVIT OF ELIGILITY One Civic Plaza – 7th Floor P.O. Box 1293 Room 7012 Albuquerque, NM 87103 Phone: (505) 768-3320 Fax: (505) 768-3355
City of Albuquerque Purchasing Division Preference Type: (Check applicable preference/s) Legal Name of Firm: Contact Person: E-mail Address: Mailing Address:
[ ] Local-City Business
[ ] Small Business
Telephone: Fax: Physical Address (if Different):
Number of full-time employees working in the city of Albuquerque:
Attach 941 Tax Form
□ I certify my company meets the following qualifications to be eligible for local business preference: Maintains its principal office and place of business within the Greater Albuquerque Metropolitan Area (City of Albuquerque or Bernalillo County) 1. Such location is staffed with full-time employees. 2. Such location is open to the public on a regular basis. 3. The vendor is operating or performing its business from this location. 4. Note: A post office box shall not be considered a physical business address. □ I certify my company meets the following qualifications to be eligible for Small business preference: 1. Meets the requirements for a Local Business Preference (see above). 2. Employs fewer than fifty (50) full-time employees in a calendar year as demonstrated by the attached 941 I.R.S. Tax Form □ I certify that I am attaching the New Mexico State certification of Resident Veteran’s Business preference. □ I certify that under the penalty of perjury, the foregoing statements are true and correct. I also acknowledge that any person, firm, corporation or entity intentionally submitting false information to the city in an attempt to qualify for a local or small preference shall be prohibited from bidding on City of Albuquerque products and/or services for a period of up to three (3) years. Authorized Signature:_________________________________________________________ Date:__________________ Printed Name:____________________________________________________ Title:______________________________ ACKNOWLEDGMENT State of New Mexico County of _______________ Signed and sworn to before me on ____________ by _________________________________. ________________________________________ Notary My Commission expires on:_______________________________________________
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PART 6 DRAFT AGREEMENT THIS AGREEMENT is made and entered into this ___ day of________, 20__ by and between the City of Albuquerque, New Mexico, a municipal corporation, (hereinafter referred to as the “City”), and _____________________________, hereinafter referred to as the “Contractor”), a _________________, whose address is ________________________________. RECITALS WHEREAS, the City issued a Request For Proposals for the Department of Finance and Administrative Services, Information Technology Services Division, P2015000011, titled “Central Avenue broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services”, which is Exhibit A to this Agreement; and WHEREAS, the Contractor submitted its proposal, dated ________________, in response to RFP____-____-___, which proposal is Exhibit B to this Agreement; and WHEREAS, the City desires to engage the Contractor to render certain services in connection therewith, and the Contractor is willing to provide such services. NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows: 1. Scope of Services. The Contractor shall perform the following services (hereinafter the “Services”) in a satisfactory and proper manner, as determined by the City: Provide a “digital backbone” along the Route 66/Central Avenue corridor—constructing, and operating a state-of-the-art fiber-based infrastructure and selling services with a range of bandwidth options (10 Mbps up to Gigabit and beyond)and affordable rates to businesses, residents, and institutions, in accordance with Exhibit A as supplemented by Exhibit B. 2. Time of Performance. Services of the Contractor shall commence on the date of final execution of this Agreement and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this Agreement; provided, however, that in any event, all of the Services required hereunder shall be completed within one year of the date of execution of this Agreement. This Agreement may be extended for up to four (4) additional one-year periods upon written agreement of the parties. 3.
Compensation and Method of Payment.
A. Compensation. For performing the Services specified in Section 1 hereof, the City agrees to pay the Contractor up to the amount of ________________________ Dollars ($_______), which amount includes any applicable gross receipts taxes and which amount shall constitute full and complete compensation for the Contractor’s Services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such Services. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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B. Method of Payment. Such amount shall be paid to the Contractor in installments, which include any applicable gross receipts taxes, as follows: TBD. Payments shall be made to the Contractor upon completion of each task, upon receipt by the City of a properly documented requisition for payment as determined by the budgetary and fiscal guidelines of the City and on the condition that the Contractor has accomplished the Services to the satisfaction of the City. C. Appropriations. Notwithstanding any other provisions in this Agreement, the terms of this Agreement are contingent upon the City Council of the City of Albuquerque making the appropriations necessary for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City Council, this Agreement may be terminated at the end of the City’s then current fiscal year upon written notice given by the City to the Contractor. Such event shall not constitute an event of default. All payment obligations of the City and all of its interest in this Agreement will cease upon the date of termination. The City’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. 4. Independent Contractor. The Contractor is considered as an independent contractor at all times in the performance of the services described in Section 1. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the City under the provisions of the Workers’ Compensation Act of the State of New Mexico, or to any of the benefits granted to employees of the City under the provisions of the Merit System Ordinance as now enacted or hereafter amended. 5.
Personnel.
A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing all of the Services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City. B. All the Services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such Services. C. None of the work or Services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or Services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 6. Indemnity. The Contractor agrees to defend, indemnify and hold harmless the City and its officials, agents and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties because of any injury or damage received or sustained by any person, persons or property to the extent arising out of or resulting from the negligent acts, errors, omissions, and performance by the Contractor under this Agreement or by reason of any asserted act or omission, neglect or misconduct of the Contractor or Contractor’s agents or employees or any subcontractor or its agents or employees. The indemnity required hereunder shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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7. Bonds and Insurance. The Contractor shall not commence any work under this Agreement until the insurances required in Exhibit A, Section 1.23 or the bonds per the attachments to Exhibit A have been obtained and the proper certificates and riders or endorsements (or policies) have been submitted to the City. 8. Discrimination Prohibited. In performing the Services required hereunder, the Contractor shall not discriminate against any person on the basis of race, color, religion, gender, sexual preference, sexual orientation, national origin or ancestry, age, physical handicap or disability, as defined in the Americans With Disabilities Act of 1990, as currently enacted or hereafter amended. 9. ADA Compliance. In performing the Services required hereunder, the Contractor agrees to meet all the requirements of the Americans With Disabilities Act of 1990 (the “ADA”), which are imposed directly on the Contractor or which would be imposed on the City as a public entity. The Contractor agrees to be responsible for knowing all applicable rules and requirements of the ADA and to defend, indemnify and hold harmless the City, its officials, agents and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties as a result of any acts or omissions of the Contractor or its agents in violation of the ADA. 10. Reports and Information. At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information, as the City may request pertaining to matters covered by this Agreement. Unless authorized by the City, the Contractor will not release any information concerning the work product including any reports or other documents prepared pursuant to the Agreement until the final product is submitted to the City. 11. Open Meetings Requirements. Any nonprofit organization in the City which receives funds appropriated by the City, or which has as a member of its governing body an elected official, or appointed administrative official, as a representative of the City, is subject to the requirements of §2-5-1 et seq. R.O.A. 1994, Public Interest Organizations. The Contractor agrees to comply with all such requirements, if applicable. 12. Establishment and Maintenance of Records. Records shall be maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of three (3) years after receipt of final payment under this Agreement. 13. Audits and Inspections. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of the Contractor’s records with respect to all matters covered by this Agreement. The Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The Contractor understands and will comply with the City’s Accountability in Government Ordinance, §2-10-1 et seq. R.O.A. 1994, and also agrees to provide requested information and records and appear as a witness in hearings for the City’s Board of Ethics and Campaign Practices pursuant to Article XII, P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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Section 8 of the Albuquerque City Charter. 14. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws. In providing the Scope of Services outlined herein, the Contractor shall comply with all applicable laws, ordinances, and codes of the federal, State, and local governments. 16. Changes. The City may, from time to time, request changes in the Scope of Services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Agreement. 17. Assignability. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the City thereto. 18. Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this Agreement or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving five (5) days written notice to the Contractor of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. 19. Termination for Convenience of City. The City may terminate this Agreement at any time by giving at least fifteen (15) days’ notice in writing to the Contractor. If the Contractor is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the Services actually performed bear to the total Services of the Contractor covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of the Contractor, the preceding section hereof relative to termination shall apply. 20. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Enforcement. The Contractor agrees to pay to the City all costs and expenses including reasonable attorney’s fees incurred by the City in exercising any of its rights or remedies in connection with the enforcement of this Agreement. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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22. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Exhibits A and B, attached hereto, are hereby made a part of this Agreement. 24. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New Mexico, and the laws, rules and regulations of the City of Albuquerque. 25. Approval Required. This Agreement shall not become effective or binding until approved by the City’s Chief Administrative Officer. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the date first above written. CITY OF ALBUQUERQUE
CONTRACTOR:
Approved By: By: ________________________________ _______________________________ Chief Administrative Officer
Title: _____________________________ Date: _____________________________
Date: _______________________
______________________________, Director Department _____________________ Date: _________________________
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Appendix A: High-Level Overview of Route 66 (Central Ave.) Revitalization Nodes Figure 1: High‐Level Overview of Route 66 (Central Ave.) Revitalization Nodes
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Appendix B: Maps of Candidate Route
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Appendix C: Preliminary Economic Development Site List Name Albuquerque High School
Address 800 Odelia Rd NE, Albuquerque, NM 87102 601 Dr Martin Luther King Jr Ave NE, Albuquerque, NM 87102 4000 Learning Rd NW, 87120 10500 Copper Ave, 87123 1215 Cerrillos Rd SW, 87121
Albuquerque Regional Medical Center Bosque School Brown Mackie College Carlos Rey Elementary School Central NM Comm. College Clifford West Business Park Eugene Field Elementary Grant Middle School Highland Business Area Highland High School Jimmy Carter Middle School Kennedy Middle School Kirtland Air Force Base Lovelace Rehab. Hospital Manzano High School Nob Hill Business Center Presbyterian Hospital Rio Grande High School Sandia National Laboratories Truman Middle School University of New Mexico UNM Hospital Zia Elementary School Rail Yard Carrier Hotel Innovation Square Prisim Technologies Oso Secure TW Telecom BigByte CenturyLink Convention Center Sundowner Hotel
2211 Lomas Blvd NE, 87106 440 Jefferson St NE 1100 2nd Street SW 505 Marquette Central & Broadway 219 Central Ave NW 5921 Jefferson NE 3830 Singer Blvd NE 123 Central Ave NW 414 Central Ave 401 2nd St NW 6101 Central Avenue NE
Old Town Plaza BRT Platforms Alamosa Community Center Barelas Community Center Pat Hurley Center Heights Community Center Whittier Center Cesar Chavez Community Ctr
6900 Gonzales Rd SW 87121 801 Barelas Rd. SW 87102 3928 Rincon NW 87105 823 Buena Vista SE 87106 1100 Quincy SE 87108 7505 Kathryn SE 87108
525 Buena Vista Dr SE, 87106 700 Edith SE, 87102 1111 Easterday Dr NE, 87112 4700 Coal Ave SE, 87108 8901 Bluewater Rd NW, 87121 721 Tomasita St NE, 87123 505 Elm St 87102 12200 Lomas Blvd NE, 87112 113 Carlisle Blvd SE, 87106 1100 Central Ave SE, 87106 2300 Arenal Rd SW, 87105 1515 Eubank, 87123 9400 Benavides Rd SW, 87121
Category (layer) K-12 School Health Care K-12 School Colleges & Universities K-12 School Colleges & Universities Economic Development K-12 School K-12 School Economic Development K-12 School K-12 School K-12 School Military Health Care K-12 School Economic Development Health Care K-12 School Research K-12 School Colleges & Universities Health Care K-12 School Economic Development Carrier Hotel/Data Center Economic Development Carrier Hotel/Data Center Carrier Hotel/Data Center Carrier Hotel/Data Center Carrier Hotel/Data Center Carrier Hotel/Data Center Economic Development Family/Community Service Community Access Community Access Community Centers Community Centers Community Centers Community Centers Community Centers Community Centers
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Name Singing Arrow Community Ctr Main & Genealogy Special Collections US Post Office Bernalillo County Parks & Rec Civic Plaza Albuquerque Police Dept. 2nd Judicial District Courts Manzano Day School Albuquerque Convention & Visitors Bureau Sleepy Hollow
Address 13001 Singing Arrow SE 87123
Category (layer) Community Centers
501 Copper Ave NW 423 Central Ave. NE 2016 Central Ave SW 111 Union Square St SE
Library Library Federal County
1 Civic Plaza NW 400 Roma Ave NW 400 Lomas Blvd NW 1801 Central Ave NW 20 First Plaza Ctr NW
City City Federal K-12 School City
1023 Central NW
Luna Lodge
9119 Central NE
Edward Romero Terrace
8200 Central SE
Bell Trading Post
1503 Central NW
Casa Grande
2412 Central SW
Casa Grande
2422 Central SW
Family/Community Service Family/Community Service Family/Community Service Family/Community Service Family/Community Service Family/Community Service Metropolitan Redevelopment Metropolitan Redevelopment Metropolitan Redevelopment Metropolitan Redevelopment Private Investment Private Investment Private Investment Private Investment Private Investment
International Streetscape 7100 Central Ave Gateway Old Albuquerque High School 321 Central De Anza Motor Lodge
4301 Central
El Vado
2500 Central
Old Beauty College Nob Hill Court Bricklight Courtyards Vinaigrette Restaurant Aveda Institute
3810 Central 3712 Central Ave SE South of Central on Harvard 1828 Central 1816 Central
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Appendix D: Identifying and Addressing Broadband Service Gaps The following brief white paper, written by the City’s fiber consultants, CTC Technology & Energy, for Broadband Communities magazine,3 provides a framework for understanding network service gaps among small and medium businesses, even in metropolitan areas that are served by incumbent providers. Understanding Broadband Performance Factors: All Mbps Are Not Created Equal The most common way that consumers compare the performance of data connections is by evaluating a network’s speed (which is measured in bits per second, and is typically discussed in units of Mbps or 1,000,000 bits per second). However, this measurement can be quite deceptive. For example, a 30 Mbps cable modem connection may cost a residential consumer $50 per month, while a business-grade 10 Mbps Metro Ethernet service can exceed $500 per month. Why would a service with one-third the speed cost 10 times as much as the “faster” alternative? The answer is that all Mbps are not created equal. Factors such as latency, the availability of the connection speed, and the network’s Internet oversubscription rate affect the connection’s overall performance. In the example above, the 10 Mbps Metro Ethernet service’s total set of performance attributes provides a more robust and secure connection than a 30 Mbps cable modem. Key attributes that impact performance include:
Symmetry: Cable modem and DSL services are typically “asymmetrical,” meaning that their upload4 and download5 speeds are different. The download speed is generally greater than the upload speed by a factor of 10. Metro Ethernet services, on the other hand, are typically “symmetrical,” meaning that the upload and download speeds are the same. For businesses that transfer large data or video files, “asymmetrical” services often present a bottleneck to both internal users and external customers. An example of the impact of service symmetry is shown in the figure below. A user on a typical cable modem service can download a 5 Gigabyte (1,000,000,000 Bytes, or GB) file in less than 10 minutes, but it would take more than 90 minutes to upload the same file—which would not be acceptable to a business creating and distributing large files.
3
See: http://www.ctcnet.us/wp-content/uploads/2014/04/BBC_Mar14_UnderstandingBroadband.pdf Transfer of data from the users’ devices. 5 Transfer of data to the users’ devices. 4
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Figure 2: Impact of Speed and Symmetry on Download Times
Oversubscription to the Internet: Internet service providers (ISP) recognize that users in a given area do not all access the Internet at the same time; therefore, ISPs only subscribe to a portion of their networks’ total potential demand. For example, an ISP that has 1,000 subscribers with 10 Mbps service might contract for a 100 Mbps connection rather than the maximum 10,000 Mbps Internet connection its users might require. The ratio of a network’s maximum potential demand to its contracted rates is its oversubscription ratio. In this example, the oversubscription ratio is 100:1. Cable modem and DSL providers often have a 100:1 or greater oversubscription ratio for residential users and a 50:1 ratio for business users. If an ISP bundles Internet access with a Metro Ethernet service, the oversubscription ratio is often 10:1 or less. In addition, with a Metro Ethernet service, users often will contract for specified Internet connections, thus defining their own performance. At times, users will not notice the oversubscription, while at other times oversubscription brings the user’s connection to a crawl—no different than traffic on the weekend vs. traffic during a weekday rush hour.
Availability6 of the Data Transport Rate: Metro Ethernet providers will specify a
6
Availability is often confused with oversubscription to the Internet. Oversubscription applies to the Internet connection, whereas availability applies to the connection or transport between user locations or the access point to the Internet. P2015000011, “Central Avenue Broadband Program: Fiber Backbone Planning, Construction, and Operation (Infrastructure and Services)”
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committed interface rate (CIR), which is the guaranteed transport speed of the circuit connecting the users’ location(s). Cable modem and DSL services are often “burstable,” meaning that users may at times experience the advertised data rates but that the average speed realized will vary greatly based on the traffic being generated over the provider’s distribution network. Performance parameters on a given burstable service are rarely publicized or realized. Often the network operator cannot change this parameter without changing the network physical connections. During periods of heavy network use burstable subscribers will experience the same traffic discrepancies as do drivers on the road during rush hour.
Capacity: A connection’s data rate specifies the speed (in bytes) at which data is transferred, whereas capacity is the measure of how much data is transmitted in a given period. Many wireless service data plans specify the number of Gigabytes that users can transmit during the month. These plans will carry extra fees for exceeding the limit and will actually slow down your connection speed as you approach your capacity limit. Cable modem and DSL providers have raised the possibility of adding capacity limits on their services (e.g., Comcast has trials of bandwidth limits), but implementation of such policies have so far been limited.
Latency: This is the delay between the instant a message is sent and the instant it is received. Latency occurs on a provider’s network; if a connection is made over the Internet, additional delays are added there. Latency is not an attribute that users can specify with cable modem and DSL services. For Metro Ethernet and other higher end transport services, latency is often a quality-of-service (QoS) feature for which a user can contract (at an added price). At times networks with high latency will prevent users from running certain applications. For example, satellite-based ISP services have an extremely high latency due to propagation delays (i.e., the time it takes for a signal to reach the satellite). These delays will prevent effective use of interactive services such as voice calls or interactive video.
Overhead: This is not typically an option that a user can specify. Each transaction over the network will contain data regarding how to handle the message and where to deliver it (i.e., network control and operation). For cable modem services, overhead is typically part of each transaction; for Metro Ethernet, overhead is not part of a user’s bandwidth.
Connection Type: This attribute describes how a connection is made with other locations. For example, on a cable modem or DSL service, all connections to other locations are made through the Internet with Internet addressing schemes. This includes any Virtual Private Networks (VPNs) set up between user locations. With higher end data services a user might be able to “route” traffic over the provider’s network without connecting to the Internet, set up direct point-to-point connections, or specify which locations will connect among each other (e.g., point-to-point, multipoint-to-multipoint). Security: Although security is primarily a function of encryption and other techniques applied by the user or the application sites accessed, traffic over a private network is inherently more secure than traffic on a network that establishes connectivity over the Internet. For example a cable modem or DSL user with multiple sites will transmit packets over the Internet to connect between sites. With a higher end service such as
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Metro Ethernet connecting user sites, the transport would remain on the network. In addition, higher end services often have encryption options at the transport layer. Port Rate: Not all connections are equal. The network connection, drop, and customer premises equipment (CPE) will define the potential connection speed at the customer site. The port rate is the maximum speed that the demarcation point to the customer can support. For cable modem services this is defined by the network’s DOCSIS version.
An example of the impact of capacity (Bytes) and speed (Mbps) for selected services and network architectures is shown in the figure below. As indicated, fiber-to-the-premises (FTTP) architecture offers far superior performance (capacity and speed) as compared to cable modem or DSL services.
Figure 3: Capacity and Speed of Broadband Technologies
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Appendix E: Performance Bond Form Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT ________________________________________________________________ as Principal, hereinafter called the Contractor, and __________________________________________, a corporation duly organized and existing under and by virtue of the laws of the State of ___________________________ and authorized to do business in the State of New Mexico, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Albuquerque, New Mexico, as Obligee, hereinafter called the City, in the amount of ________________________________________________________ for the payment whereof the Contractor and Surety firmly bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Contractor shall by written agreement enter into a contract with the City described as follows: ___________________________________________________________________________________, which contract shall by reference be made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall faithfully perform and complete said Contract according to its terms and comply with all requirements of law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. The Surety hereby consents to progress payments to the Contractor and acknowledges that such payments shall not preclude the City from showing the true character and quality of materials furnished or services rendered or from recovering from the Contractor or Surety such damages as the City may sustain by reason of deficiency in quantity or quality of materials or services furnished with respect to which a progress payment was made. Whenever the Contractor shall be, and is declared by the City to be, in default under the Contract, the City having performed its obligations thereunder; the Surety may promptly remedy the default or shall promptly: 1.
Complete the Contract in accordance with its terms and conditions, or
2. Obtain quotes, bids or proposals for submission to the City for completing the Contract in accordance with its terms and conditions and, upon determination by the City and Surety of the responsive and responsible Offeror, arrange for a contract between such Offeror and the City and make available as the work progresses (even though there should be default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. The Surety acknowledges that the Contract may contain express guarantees and agrees that said guarantees, if any, are covered by the Surety's obligation hereunder. Any suit under this bond must be instituted before the expiration of three years from the date on which final payment under the Contract falls due, except that, with respect to express guarantees of a longer term, a suit thereon must be initiated within six months following the expiration of said express guarantees, if any.
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Right of action with respect to any express guarantees, if any, in the Contract shall accrue following completion and formal acceptance of the work under the Contract. No right of action shall accrue on this bond to or for the use of any persons or corporation other than the City named herein or its successors or assigns. SIGNED AND SEALED this _______ day of _____________, 20_____.
ATTEST:
______________________________ Contractor By:___________________________
_________________________
Title:_________________________
ATTEST:
______________________________ Surety By: __________________________
__________________________
Title: _________________________
Claims or Notice given to Surety pursuant to this Bond shall be sent to the following mailing address: _________________________________ _________________________________ _________________________________ _________________________________
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Appendix F: Labor and Material Payment Bond Form Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT _________________________________________________________________ as Principal, hereinafter called the Contractor, and _____________________________________ ___________________________________, a corporation duly organized and existing under and by virtue of the laws of the State of ____________________________ and authorized to do business in the State of New Mexico, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Albuquerque, New Mexico, as Obligee, hereinafter called the City, in the amount of ________________________ ___________________ Dollars ($____________) for the payment whereof the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Contractor has submitted a Proposal in response to RFP ____________, entitled ______________________________, and shall by written agreement enter into a contract with the City described as follows: ________________________________________ ___________________________________________________________________________. which contract shall by reference be made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall pay as they become due, all just claims for labor performed and materials and supplies furnished upon or for the work under said Contract, whether said labor be performed and materials and supplies be furnished under the original Contract or any contract thereunder, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: The right to sue on this bond accrues only to the City and the parties to whom Sections 13-4-18 through 13-4-20 NMSA 1978, as amended, grant such right; and any such right shall be exercised only in accordance with the provisions and limitations of said statutes.
SIGNED AND SEALED this ________ day of _____________________, 20_____. Contractor ______________________ ATTEST:
By: ____________________________
_________________________
Title: _______________________
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