4601 COLLEGE BLVD FARMINGTON, NEW MEXICO 87402 BID #15-30885 Employee Benefits Consulting Services Opening Date: January 28, 2015 at 2:00 p.m. MDT Purchasing Department Room #1100 4601 College Blvd Farmington, NM 87402 (505) 566-511 [email protected] Page 1 SAN JUAN COLLEGE FARMINGTON, NEW MEXICO NOTICE TO BIDDERS Request for BIDS Employee Benefits Consulting Services BID #15-30885 Opening Date: January 28, 2015 at 2:00 p.m. MDT SJC is seeking an Employee Benefits Consulting firm to conduct an assessment to determine the most appropriate benefit plan design for active employees and retirees. Bid documents may be retrieved by accessing the Purchasing Department’s Current Bids/RFPs page of the San Juan College website, http://www.sanjuancollege.edu/pages/2171.asp or by calling Darlene Wilson at (505)566-3511 or visiting the Purchasing Department at 4601 College Blvd, Room 1100, Farmington, New Mexico. Publication Date: January 17, 2015 Gallup Independent January 18, 2015 Farmington Daily Times, Albuquerque Journal Page 2 Employee Benefits Consulting Services BID #15-30885 January 28, 2015 2:00 p.m. MDT ACKNOWLEDGMENT OF RECEIPT FORM In acknowledgment of receipt of the Employee Benefits Consulting Services distribution packet #15-30885, the undersigned agrees that he/she has received a complete copy, beginning with the title page and ending with page 18, for a total of 19 pages. The acknowledgment of the receipt should be signed and faxed or e-mailed to the Purchasing Agent no later than January 22, 2015. Only potential Bidders who elect to return this form shall receive copies of all future communications, relating to, and including addendums to #1530885, if issued. FIRM: REPRESENTED BY: PHONE NO: TITLE: FAX NO: EMAIL: ADDRESS: CITY: STATE: SIGNATURE: ZIP CODE: DATE: This name and address shall be used for all correspondence related to bid document #15-30885. The above Firm __ does __ does not (check one) intend to respond to the Employee Benefits Consulting Services Bid #15-30885. If the firm does not intend to reply, please give a brief reason for not responding: Return To: Darlene Wilson Purchasing Agent San Juan College Purchasing Department 4601 College Blvd., Room 1100 Farmington, NM 87402 Telephone Number: 505-566-3511 Fax Number: 505-566-3075 Faxed and/or Emailed BID responses shall not be accepted Page 3 INVITATION TO BID ***************************************************** BID TITLE: Employee Benefits Consulting Services BID#: 15-30885 ***************************************************** The following ARTICLES are made part of this Bid: X Article 1 - General Terms & Conditions Sealed bid opening: SAN JUAN COLLEGE PURCHASING DEPARTMENT 4601 COLLEGE BLVD – RM 1100 FARMINGTON, NM 87402 DATE: January 28, 2015 at 2:00 p.m. /s/ Darlene Wilson Darlene Wilson Purchasing Agent If you have any questions regarding this Invitation to Bid please contact: Purchasing Department (505)566-3511 IMPORTANT - BIDS SHALL BE SUBMITTED IN A SEALED ENVELOPE WITH THE BID NUMBER AND OPENING DATE CLEARLY INDICATED ON THE FRONT OF THE ENVELOPE. FAXED AND EMAILED BIDS SHALL NOT BE ACCEPTED. SUBMITTING "NO BIDS" IS NOT REQUIRED TO BE KEPT ON THE COLLEGE’S BIDDERS LIST. Sealed bids shall be received until the above specified date and local time, then publicly opened at San Juan College Purchasing Department and read aloud. This bid is subject to the Purchase Order "Terms and Conditions", Bidding Requirements, and Specifications. * BIDDER SHALL COMPLETE THE FOLLOWING AND THIS PAGE SHALL BE SUBMITTED WITH BID * Company Name Mailing Address City/State/Zip Code Contact Person (Print Name) Telephone Number Fax Number Email Address To be a valid bid, Bidder shall sign here Print Name here Title In-State or Veteran’s Preference shall be applied to only those in-state certified bidders who have completed the following: Bidder has received certification from the State Purchasing Agent for Resident CONSULTANTs Certification. Bidder has been issued Certification # and is therefore eligible for the preference credit. In-state certification approval is required at the time of the bid opening to be eligible for in-state or veteran’s preference. Payment Terms % Days , Net 30 Days After Receipt of Invoice (Discount shall not be considered in computing the low bid.) Bidder shall check the appropriate box below: If applicable, BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM(S): Addendum No. Addendum No. Dated Dated Addendum No. Addendum No. Dated Dated Page 4 ARTICLE 1 GENERAL CONDITIONS The following bid is made to provide Employee Benefits Consulting Services to San Juan College, located in Farmington, New Mexico. The Bidder declares that the amount and nature of the services to be provided is understood and that the nature of this bid is in strict accordance with the conditions set forth and is a part of this bid, and that there shall at no time be a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened. The Bidder shall sign the bid and acknowledge the addendums, if any, where indicated on the Invitation to Bid form provided in this bid document. The Bidder, in submitting this bid, represents that he is an equal opportunity employer, and shall not discriminate with regard to race, religion, color, national origin, and sex in the performance of this contract. The Bidder hereby proposes to provide the services, F.O.B. Farmington, New Mexico, at the unit prices quoted herein after notice of bid award. The Bidder shall use the Rate Proposal form provided and complete all information in the blanks provided. Failure to comply, or use of provided forms in this Bid document, may result in rejection of the Bid at the College’s option. The College reserves the right to reject any or all bids or to waive technicalities at its option when in the best interests of the College. Pursuant to Section 13-1-108 NMSA 1978, the total amount bid shall exclude all applicable taxes including applicable state gross receipts tax or applicable local option tax. The College shall pay for any taxes due on the contract and shall pay any increase in applicable taxes which become effective after the date the contract is entered into in addition to the bid total based upon separate billings which the successful bidder shall submit with each request for payment. Taxes shall be shown as a separate amount on such billing or request for payment and shall separately identify each tax being billed. To assist the College with budget preparation, the bidder shall complete the paragraph on the Rate Proposal form of this bid and shall identify by name each tax, bidder believes to be applicable to this bid and shall estimate the amount of each tax which shall be charged on the entire bid. The Bidder may submit more than one bid that meet or exceed specifications listed. Bidders who submit more than one base bid should submit each bid in a separately sealed envelope labeled according to the requirements specified on the Invitation to Bid form. Do not submit two base bids in the same envelope. Alternate Bids which offer exceptions to the specifications will be considered and should be submitted in a separately sealed envelope labeled as an alternate. Page 5 Any bid received after stated closing time shall be returned unopened. If bids are sent by U.S. Postal Service Mail to the Director of Purchasing, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the U.S. Postal Service or in the internal mail system of San Juan College beyond the date and hour set for the bid opening, bids thus delayed shall not be considered and shall be returned unopened. Bids deposited with the College cannot be withdrawn prior to the time set for opening Bids. Request for non-consideration of Bids shall be made in writing to the College’s Purchasing Department and received by the College prior to the time set for opening Bids. After other bids are opened and publicly read, the Bid for which non-consideration is properly requested may be returned unopened. The bid may not be withdrawn after the bids have been opened, and the Bidder, in submitting the same, warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes and that such bid shall not and cannot be withdrawn because of any mistake committed by the Bidder. After Bids are opened and publicly read, the Bids shall be tabulated for comparison on the basis of the bid prices and quantities shown in the Bid. Until final award by San Juan College, the College reserves the right to reject any or all Bids, to waive technicalities, and to re-advertise, or proceed to do the work otherwise when the best interests of the College shall be realized hereby. Bids shall be considered irregular if they show any omissions, alteration of form, additions, or conditions not called for, or irregularities of any kind. However, the College reserves the right to waive any irregularities and to make the award in the best interest of the College. The College reserves the right to reject any or all Bids, and all Bids submitted are subject to this reservation. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. 2. 3. Bids received after the time limit for receiving Bids as stated in the advertisement. Bid containing any irregularities. Unbalanced value of any items. Bidders may be disqualified and their Bids not considered, among other reasons, for any of the following specific reasons: 1. 2. 3. 4. 5. Reason for believing collusion exists among the Bidders. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. The Bidder being interested in any litigation against the College. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. Page 6 6. Uncompleted work which in the judgment of the College shall prevent or hinder the prompt completion of additional work if awarded. The successful Bidder may not assign his rights and duties under an award without the written consent of the College’s Purchasing Department. Such consent shall not relieve the assignor of liability in event of default by his assignee. Delivery date is an important factor to the College and may be required to be a part of each bid. The College considers delivery time to be that period elapsing from the time the individual order is placed until that order or work thereunder is received by the College at the specified delivery location. The delivery date indicated a guaranteed delivery at Farmington, New Mexico. In evaluating any guaranteed date of delivery, past delivery and service performance on previous College contracts shall be considered. The College reserves the right to reject any bid if the guaranteed delivery date of any bidder is indicated unlikely because of the nonavailability of stock in the vicinity of Farmington, New Mexico or failure of the bidder to meet guaranteed delivery dates or service performance on any previous College order. The College reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the bidder fails to provide the services and supplies by the guaranteed date, the College reserves the right to cancel the order without liability on its part. All prices are to be F. O. B. Farmington, New Mexico all freight prepaid. Whenever the Awarded Bidder encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Awarded Bidder shall immediately give notice thereof in writing to the College’s Purchasing Department, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the College of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delay. All bids shall specify terms and conditions of payment which shall be considered as part of, but not control, the award of bid. College review, inspections, and processing procedures ordinarily require thirty (30) days after receipt of invoice, supplies or service. Bids which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, shall be considered only if the opinion of the College’s Purchasing Department upon the review, inspections and processing procedures can be completed within the specified time. It is the intention of San Juan College to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. Invoices shall be fully documented as to labor, supplies and equipment provided. Orders shall be placed by the College’s Purchasing Department and shall be given a Purchase Order Number to be valid. All Purchase Orders shall be paid upon completion of delivery and acceptance. The Awarded Bidder shall provide an invoice which details billing for the services and supplies no later than sixty (60) calendar days after the date of delivery and services rendered. Invoices received after this time has elapsed may be considered null and void. The invoice shall reference the Bid Number and Purchase Order Number. Page 7 The invoice(s) shall be addressed as follows: San Juan College Accounts Payable 4601 College Blvd Farmington, NM 87402 Invoices shall either be mailed or emailed to [email protected]. Payment shall not be made by the College until the Awarded Bidder has been given a Purchase Order Number, has furnished proper invoice, supplies, or services, and otherwise complied with College’s Purchasing Department procedures, unless this provision is waived by the College. In case of default of the successful Bidder, San Juan College may procure the articles from other sources and hold the bidder responsible for any excess cost occasioned thereby. Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current productions and of the most suitable grade for the purpose intended. If at any time during the performance of this contract the Awarded Bidder believes that the furnishing of supplies or components which are not new is necessary or desirable, he shall notify the College’s Director of Purchasing immediately, in writing, including the reasons therefore and proposing any consideration which shall flow to the College if authorization to use supplies or components is granted. Bidders shall have no claim against the College for failure to obtain information made available by the College which the Bidder could have remedied through the exercise of due diligence. The only approved contact shall be with the Purchasing Agent listed in this bid. Bidders making contact with any other College employee regarding this Bid may be disqualified. All bids and related documents are subject to the “Inspection of Public Records Act,” Chapter 14, Article 2, NMSA 1978. The Procurement Code, 13-1-28 through 13-1-199 NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. Any protest by a Bidder shall be timely and in conformance with Section 13-1-172 NMSA 1978 and applicable procurement regulations. The fifteen (15) days protest period for responsive Bidders shall begin on the day following the College’s written notification to all responding Bidders. Protests shall be in writing and shall include the name and address of the protestor, and the number assigned to this Bid by the College. It also shall contain a statement of grounds for protest including appropriate supporting exhibits. The timely protest shall be mailed or emailed to: Page 8 Director of Purchasing San Juan College 4601 College Blvd. Farmington, NM 87402 [email protected] or hand-delivered to: Room 1100 Purchasing Department 4601 College Blvd. Farmington, NM 87402 Page 9 ATTENTION BIDDERS To ensure that your bids are acceptable and responsive, and are not rejected due to errors, this Checklist is provided for your convenience. It is not necessary to include it with the bid. If this checklist is submitted, it is an informality that shall not void the bid. BIDDER’S CHECKLIST 1. Submit by January 22, 2015 the Acknowledgment of Receipt form, pg. 2 of Bid Document - Only potential Bidders who elect to return this form shall receive copies of all future communications, relating to, and including addendums, if issued. 2. Submit the following required documents Invitation to Bid form, pg. 3 of Bid Document - Is this form SIGNED? - Is In-State or Veterans’ preference certificate number listed? - Have you acknowledged receipt of addendums, if issued? Qualifications, pg. 11 - Are all qualifications met and explained? - Are references listed with contact information? Rate Proposal form, pgs. 15 and 16 of Bid Document - Is form SIGNED by a duly authorized officer? - Is applicable sales tax rate(s) entered in which shall be applied to services? Certificate of Liability Insurance Campaign Contribution and Disclosure form W-9 form, included in Bid Document - Is the form signed and dated? - Information on form will be verified on IRS website, TIN Matching 3.Bids shall be submitted in a sealed envelope by January 28, 2015 at 2:00 p.m. MDT Is the bid number and opening date clearly indicated on the front of the envelope? Is the bid addressed as follows: San Juan College Purchasing Department 4601 College Blvd Farmington, NM 87402 Page 10 Multi-Year Commercial Electrical Services and Supplies BID #14-28738 INSTRUCTION TO BIDDERS INTRODUCTION San Juan College is a two-year public institution with an enrollment of 7,500 and a staff of over 500 fully benefitted employees and over 300 part time employees. There are approximately 100 retirees who receive insurance benefits. The College currently provides fully insured plans which include EPO and PPO medical plans; a dental plan; vision plan, basic and voluntary life insurance; short and long term disability; an employee assistance program; legal assistance through Legal Plan, and flexible spending accounts for healthcare and dependent care through ASI. To learn more about San Juan College please visit www.sanjuancollege.edu. San Juan College endeavors to maintain a quality, comprehensive health and wellness insurance plan that offers choices and promotes wellness for our 524 fully benefitted employees. The College must comply with the requirements related to the Affordable Care Act and ensure we have financially competitive and affordable benefit programs to offer our employees. Our current plan expires 12/31/15. 1. GENERAL 1.1. San Juan College (“COLLEGE”) is requesting bids from qualified consultants (“CONSULTANTS”) to conduct an assessment to determine the most appropriate benefit plan design for active employees and retirees. 2. SCOPE OF SERVICES 2.1. CONSULTANT shall provide the following services: 2.1.1. Determination of the most appropriate benefit plan design for active employees and retirees. This includes health, dental, vision, life and disability. a. Continue as fully insured, partially self-funded or a self-funded plan b. Recommendation for Retiree Healthcare Trust c. Current healthcare plans in effect thru 12/31/2015 d. Does not include leave plans, retirement or voluntary benefits 2.1.2. Work with the San Juan College Benefits Taskforce to identify and recommend benefit plan options. 2.1.3. Provide San Juan College updates on Health Care Reform changes and ensure compliance. a. Including oversight with 834 transaction issues 2.1.4. Serving as advisor to the San Juan College Leadership Team and Boards of Trustees/ 2.1.5. Collaborative effort in developing a written communication plan for employees/retirees. Page 11 3. QUALIFICATIONS The contract will be awarded to the lowest bidder that meets all of the qualification requirements. 3.1. CONSULTANT shall have a minimum of ten (10) consecutive years’ experience providing health insurance consulting. Experience working with community colleges or higher education is preferable. Experience with government entities will also be considered. 3.2. CONSULTANT must have extensive knowledge of the legal requirements for employee benefit plans. 3.3. CONSULTANT must have the ability to advise on regulatory and legislative developments, especially those related to Affordable Care Act, COBRA, HIPAA, and Medicare. 3.4. CONSULTANT must provide references (Minimum 3-5) for which similar types of services have been provided such as third party administrators and wellness providers. 3.5. Bid must be signed to be considered. 4. TIMELINE – SJC San Jan College reserves the right to modify this timeline at any time. Should the due date for quotes be changed, all prospective bidders shall be notified if the Intent to Bid Form is returned. 5. Letter of Intent to Award Initial Phone Discussion with Consultant 15 Day Protest Period Notice of Award – Signed Contract Required Documents Provided to Consultant Meet with Consultant and College Leadership Team to update on possible healthcare partners and possible options for retirees (NMRHCA Timeline) Evaluation of healthcare partners by Benefits Taskforce and the Consultant. Consultant advises on relevant strengths of services, financial, ease of use, etc. Special work session when Consultant presents recommendations to SJC Board SJC Board vote in April Board meeting January 29, 2015 February 3, 2015 February 14, 2015 February 14, 2015 February 16, 2015 February 25, 2015 Early March, 2015 Mid March, 2015 April 7, 2015 6. PAYMENT 6.1. Payment shall be made for all work completed upon receipt of properly documented invoice and acceptance of services. 6.2. Payment term is Net 30 Days from the receipt of invoice. Page 12 7. TERMINATION 7.1. If, through any cause, CONSULTANT fails to fulfill in a timely and proper manner the CONSULTANT’s obligations under the Agreement or if CONSULTANT violates any of the covenants, agreements or stipulations of the Agreement, the COLLEGE may order the CONSULTANT by written notice to cease the services or any portion of the services until the cause of such order has been eliminated or resolved. If CONSULTANT fails to correct the deficiency within the time period specified in such notice, which time period shall be reasonable under the circumstances, the Director of Purchase shall have the right to immediately terminate the Agreement. 7.2. The Director of Purchasing may terminate the Agreement at any time by giving at least thirty (30) days’ notice in writing to the CONSULTANT. If the Agreement is terminated due to the fault of the CONSULTANT, Article 6.1of this Bid Document relative to termination shall apply and no further compensation or reimbursement to CONSULTANT shall be due. If terminated for any other reason, the COLLEGE will reimburse the CONSULTANT for all documented out-of-pocket expenses incurred in connection with the Agreement. 8. INDEPENDENT CONSULTANT 8.1. Neither the CONSULTANT nor the CONSULTANT’s employees are considered to be employees of San Juan College for any purpose whatsoever. CONSULTANT is considered as an Independent CONSULTANT at all times in the performance of the Services described herein. CONSULTANT further agrees that neither CONSULTANT nor its employees are entitled to any benefits form the COLLEGE under the provisions of the Worker’s Compensation Act of the State of New Mexico. 8.2. The COLLEGE shall complete background checks on all CONSULTANT’s applicable electricians prior to starting any activity for the COLLEGE. CONSULTANT’s personnel shall have successfully passed the background check prior to the commencement of work, and the CONSULTANT shall not use any personnel whom background checks are revealed to be unsatisfactory by the COLLEGE. 9. INSURANCE REQUIREMENTS 9.1. INDEMINIFICATION, MINIMUM LIABILITY INSURANCE REQUIREMENTS – CONSULTANT agrees to protect, defend, indemnify, and hold harmless the COLLEGE and its officials, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons, caused by CONSULTANT. CONSULTANT’s obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove, shall include any matter arising out of any actual or alleged infringement or any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. CONSULTANT further agrees to protect, defend, indemnify, and hold harmless the COLLEGE and its officials, agents and employees from and against any and all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee of the CONSULTANT. Page 13 9.2. CONSULTANT’S COMMERICAL GENERAL LIABILITY INSURANCE – CONSULTANT shall purchase and maintain such insurance as will protect him from claims for damages because of bodily injury, sickness, or disease, or death of any claims for injury to or destruction of tangible property, including loss of use resulting therefrom, any or all of which may arise out of or result from CONSULTANT’s operations under the Contract Documents, whether such operations be by himself or by any Sub-CONSULTANT or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the types and specific coverages herein described and be written for not less than any limits of liability specified in these Contract Documents or required by law, whichever is greater. Insurance shall indicate coverage for independent CONSULTANT’s, products/completed operations, contractual liability broad form property damage, and personal injury. 9.3. CONSULTANT'S AUTOMOBILE LIABILITY INSURANCE - CONSULTANT shall purchase and maintain such insurance as will protect him from claims for damages because of bodily injury, sickness, disease or death of any person, including claims insured by standard personal injury coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom, any or all of which may arise out of or result from the use of all owned, non-owned, or hired, automobile, vehicles, and other equipment both on and off work, arising from or in any way related to or as the result of CONSULTANT's operations under the Agreement, whether such operations be by the CONSULTANT or by any subCONSULTANT or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. 9.4. CONSULTANT'S WORKERS’ COMPENSATION AND EMPLOYER'S LIABILITY COVERAGE – CONSULTANT shall comply with the provisions of the Workers' Compensation Act, the subsequent Injury Act, and CONSULTANT shall procure and maintain during the life of this Contract Workers' Compensation and Employer's Liability Insurance in accordance with New Mexico laws and regulations. Such insurance shall include coverage permitted under Sec. 52-110 NMSA 1978 for safety devices. If the CONSULTANT elects to be self-insured, he shall comply with the applicable requirements of law. If any portion of the work is to be sub-let, the CONSULTANT shall require the SubCONSULTANT similarly to provide such coverage (or qualify as a self-insured) for all the latter's employees to be engaged in such work. The COLLEGE, its officers, or employees will not be responsible for any claims or actions occasioned by the failure of the CONSULTANT to comply with the provisions of this paragraph. 9.4.1. If any class of employee is not protected under the Workers' Compensation Statute, the CONSULTANT shall provide and shall cause each SubCONSULTANT to provide adequate employer's liability coverage as will protect him and the COLLEGE against any claims resulting from injuries to and death of workers engaged in work under this contract. 9.5. COVERAGE LIMITS - Insurance coverage limits required to be carried by the CONSULTANT under this Section shall be as follows: 9.5.1. Commercial General Liability Insurance and Commercial Automobile Liability Insurance limits of coverage shall be the limits established by the New Mexico Tort Claims Act or: 9.5.1.1. Combined Single Limit coverage of $1,000,000. 9.5.1.2. At the discretion of the College - Automobile limits are negotiable depending on frequency and type of work performed. Page 14 9.5.2. CONSULTANT's Workers’ Compensation coverage shall be those established by applicable statutes. Employer’s liability coverages shall be the limits established by the New Mexico Tort Claims Act or $500,000. Required if CONSULTANT is licensed through the Construction Industries or if CONSULTANT has three (3) or more employees. 9.6. INCREASED LIMITS - If, during the term of the Agreement, the COLLEGE requires the CONSULTANT to increase the maximum limits of any insurance required herein, an appropriate adjustment in the CONSULTANT's compensation shall be made. 9.7. CERTIFICATES OF INSURANCE - CONSULTANT shall include as part of the Contract Documents certificates of insurance on forms acceptable to the COLLEGE specified herein. The certificates shall specifically provide that the coverage afforded under the policy or policies shall not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the COLLEGE. 9.8. ADDITIONAL BONDS AND INSURANCE - Prior to delivery of the executed Agreement by the COLLEGE to CONSULTANT, the COLLEGE may require CONSULTANT to provide such other Bonds and such additional insurance, in such form and with such sureties or insurers, as the COLLEGE may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids/Proposals, the premiums shall be paid by CONSULTANT; if subsequent thereto, they shall be paid by the COLLEGE (except as otherwise provided). 9.9. THE COLLEGE NAMED AS ADDITIONAL INSURED, AND WAIVER OF SUBROGATION The COLLEGE shall be named as an additional insured on all policies and all policies shall include cross liability provisions. Workers’ Compensation coverage shall include a waiver of subrogation in favor of the COLLEGE. Page 15 BID #15-30885 Employee Benefits Consulting Services Opening Date: January 28, 2015 at 2:00 p.m. MDT RATE PROPOSAL FORM SERVICE Assist SJC with determining whether to continue as fully insured, partially self-funded or a self-funded plan. Explore every benefit option for active employees and retirees and assist in the transition of services selected. Including the Exchange and determine the future of the COLLEGE Health Care Trust. Be an active and engaged partner with COLLEGE. Provide COLLEGE updates on Health Care Reform changes and ensure compliance. Consulting on Eligibility Systems for 834 transactions. FEE TYPE OF BID: Whichever deems in the best interest of the College, the College reserves the right to award the bid in total to one or multiple qualified CONSULTANTs, based upon the dollar amount of the projects as defined in Section 7 of this Bid document. Only the College is in a position to determine its own best interest, therefore the College shall be the sole judge in determining the award analysis. Its decision shall be final. EXISTING PRICE AGREEMENT: The College reserves the right to allow other New Mexico City, County, Educational or State Agencies to procure items listed in this contract during the term of this price agreement with the successful Bidder. All items or services are estimated quantities and shall meet the same standards and specifications as specified in this BID document. TAX IDENTIFICATION: San Juan College issues Type 9 Non-Taxable Transaction Certificates (NTTC’s) and is tax exempt from purchases of TANGIBLE PERSONAL PROPERTY ONLY. These certificates may not be used to purchase construction materials to be used in construction projects. To receive a NTCC Type 9, please contact Accounts Payable at (505) 566-3254 or by email to [email protected]. Determination for applicable tax classification should be made by the Taxation and Revenue Department for your tax consultant. Please call (505) 325-5049 for the Farmington branch or (505) 827-0700 for the State office. CONSULTANT certifies that he or she has made a diligent effort to ascertain and identify all taxes which shall be charged to the COLLEGE against this Bid and that, in CONSULTANT’s opinion, the tax rate(s) identified below which shall be changed in addition to the bid fees shown on the Rate Proposal form: New Mexico Gross Receipts Tax Other: ___________________ Other: ___________________ % % % Page 16 For Services outlined above, ______________________________________, representing the Name of Authorized Officer Company/Business of, _________________________________________________, shall provide Name of CONSULTANT the necessary Employee Benefits Consulting Services, according to the Bid Articles and Specifications of BID #15-30885. Duly Authorized Officer: ____________________________________ Print Name/Signature ____________________________________ Title ____________________________________ Date Page 17 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective CONSULTANT must disclose whether they, a family member or a representative of the prospective CONSULTANT has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the CONSULTANT submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the CONSULTANT signs the contract, if the aggregate total of contributions given by the prospective CONSULTANT, a family member or a representative of the prospective CONSULTANT to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective CONSULTANT, a family member of the prospective CONSULTANT, or a representative of the prospective CONSULTANT gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective CONSULTANT fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONSULTANT WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective CONSULTANT is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-inlaw or son-in-law. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. Page 18 “Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity. “Prospective CONSULTANT” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. “Representative of a prospective CONSULTANT” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective CONSULTANT. DISCLOSURE OF CONTRIBUTIONS: Contribution made by: Relation to Prospective CONSULTANT: Name of Applicable Public Official: Date contribution(s) made: Amount(s) of contribution(s): Nature of contribution(s): Purpose of contribution(s): (ATTACH EXTRA PAGES IF NECESSARY) ___________________________ SIGNATURE _______________________ DATE ___________________________ TITLE (POSITION) -- OR -NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ______________________________ SIGNATURE ______________________________ TITLE (POSITION) _______________________ DATE
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