5-RFP-2-26-DC On-Call Architectural Engineer Services.pdf

Bernalillo County

Request for Proposal # 02-26-DC

On-Call Architectural & Engineer Services

Non-Mandatory Pre-proposal Meeting: Thursday, July 24, 2025 at 2:00 pm (local time)

Deadline for Receipt of Proposals: August 7, 2025 at 4:00 p.m. (Mountain Time)

The County eProcurement System will not allow Proposals to be submitted after this date and time.

Prepared by: David Conkle Bernalillo County

Purchasing Section July 2025

TABLE OF CONTENTS PAGE

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS 3

B. SUMMARY SCOPE OF WORK 3

C. PROCUREMENT MANAGER 3-4

D. DEFINITION OF TERMINOLOGY 4-6

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS 7

B. EXPLANATION OF EVENTS 7-8

C. EVALUATION PROCESS 8-9

D. GENERAL REQUIREMENTS 10-13

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSE 14

B. PROPOSAL FORMAT 14

C. PROPOSAL ORGANIZATION 15-16

IV. SCOPE OF WORK

A. DETAILED PROJECT DESCRIPTION 17-24

B. SCHEDULE 24

C. BASIC SERVICE COMPENSATION 24

V. SUBMITTAL REQUIREMENTS

A. GENERAL BUSINESS REQUIREMENTS 24

B. MANDATORY SUBMITTAL REQUIREMENTS 24

VI. EVALUATION CRITERIA

A. SELECTION PROCESS 25-26

B. EVALUATION CRITERIA 26

C. EVALUATION FACTOR 26-27

VII. PROPOSED DRAFT AGREEMENT 30-60

APPENDIX A - RANKING INFORMATION 61

APPENDIX B - APPLICATION OF PREFERENCE 62-63

APPENDIX F - TASK ORDER FORM 66

APPENDIX G- ARCHITECT RATE SCHEDULE 67 - 68

APPENDIX H- PROJECT SPECIFIC REQUEST FOR PROPOSAL- ON-CALL 69

ARCHITECTURAL SERVICES

APPENDIX I- PROJECT SPECIFIC REQUEST FOR PROPOSAL ON-CALL 70

SPECIAL INSPECTIONS, TESTING SERVICES, & GEOTECHNICAL ENGINEERING

SERVICES

APPENDIX J- BERNALILLO COUNTY FACILITIES DESIGN + CONSTRUCTION 71

FACILITY GUIDELINES & STANDARDS

APPENDICIES BELOW ARE REFERENCED IN THE RFP AND UPLOADED SEPERATLY

APPENDIX C - SUBMITTAL LETTER FORM

APPENDIX D - CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIC E - UNFAIR BUSINESS PRACTICES DISCLOSURE FORM

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The Purchasing Section of the Procurement & Business Services Department is requesting proposals for the establishment of qualification based On Call Architectural and Engineering Professional services. All potential Offerors are encouraged to read this Request for Proposals carefully, especially mandatory requirements. It is the intent of the County to issue a multiple award in order to establish a pool of qualified firms for future projects. Each of the qualified firms will enter into a Master Agreement with the County that will allow “Task Orders for Professional Services” to be negotiated on a per project basis. A sample of the anticipated Task Order Form for Professional Services is included as APPENDIX F.

B. SUMMARY SCOPE OF WORK

The services to be provided are listed below and shall include all consulting services required by the Architect/Engineer to complete the services described herein.

CATEGORIES:

1. Category 1 – General Architectural Services

2. Category 2 – Building Commissioning

3. Category 3 – Special Inspections, Testing Services, and Geotechnical Engineering

Services

4. Category 4 – Mechanical Engineering Services

5. Category 5 – Electrical Engineering Services Projects will range in price; Design costs will be the determining factor as to when the County will consider if a separate RFP will be issued.

As part of their proposal, the Offeror shall provide a written strategy and sequence of steps necessary to complete the design and facilitate construction of a project. The strategy will be used by the selection committee to evaluate the proposal.

At minimum, the strategy should describe:

1. The planning and design process necessary to carry the project from initial planning to stamped construction drawings and bid specifications.

2. The process to solicit public, stakeholder and user Department input.

3. The reviews and/or permits that may be required by various agencies in order to complete the design and construction of the project.

4. The Offeror’s ability to provide bidding assistance.

The Offeror’s ability to provide construction administration.

C. PROCUREMENT MANAGER CONTACT

Any inquiries or requests regarding this procurement should be submitted in writing to the designated Procurement Manager listed below. Attempts to contact anyone other than the Procurement Manager that the prospective Offeror believes can influence the procurement decision, i.e., Elected Officials, County Manager, Evaluation Committee Members, etc., may lead to immediate elimination from further consideration. All responses will be in writing and will be distributed to all potential Offerors who receive a copy of this Request for Proposals.

David Conkle, Purchasing Administrator Bernalillo County Purchasing

415 Silver Ave, SW, 6th Floor Albuquerque, New Mexico 87102 Telephone: (505) 364-3481 Fax: (505) 468-7067 E-mail dconkle@bernco.gov

D. DEFINITION OF TERMINOLOGY

This Section contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

“75% Complete” is when the construction documents (working drawings and specifications) are complete and ready to bid, and have received formal written approval from the County.

“Addendum” means a change, addition or supplement to the information provided in this RFP document.

“Agreement” means a Master Agreement between Bernalillo County and a New Mexico licensed firm for the work covered by this RFP and approved by the County Commission, County Manager, or designee.

“Architect/Engineer” shall mean successful Offeror.

“Contractor” means successful Offeror.

“Confidential” shall mean confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7 or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

“County” shall refer to the County of Bernalillo, New Mexico.

“Central Purchasing Office” means the County Purchasing Section.

“County Purchasing Section” means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof.

“Desirable” means the terms “may”, “can”, “should”, “preferably”, or “prefers” identifies a desirable or a discretionary item or factor for the Department to determine.

“Determination” means the written documentation of a decision of a procurement manager including findings of fact required supporting a decision. A determination becomes part of the procurement file to which it pertains.

“Division” means the Bernalillo County Public Works Division.

“Evaluation Committee" means a body appointed to perform the evaluation of Offerors’ proposals.

“Evaluation Committee Report” means a report prepared by the Procurement Manager on behalf of the Selection Committee that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

“Facility Design Standards & Guidelines” is defined as the current version of Bernalillo County Facilities Design & Construction Guidelines. These design guidelines are minimum requirements for all Bernalillo County (BC) projects (Appendix J).

FD+C Reference:

https://app.smartsheet.com/b/publish?EQBCT=1522785131304a33bcc163fddf9d98e5 mailto:dconkle@bernco.gov https://app.smartsheet.com/b/publish?EQBCT=1522785131304a33bcc163fddf9d98e5

“Finalist” is defined as an Offeror who meets all the mandatory specifications of the RFP and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Selection Committee.

“Local Business Preference” means a business that holds a valid Resident Business/Contractor certificate issued by the State of New Mexico Taxation and Revenue Department and maintains an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis. If necessary, the County may seek additional information or proof to verify eligibility for the Local Business Preference, pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“Mandatory” means the terms “must”, “shall”, “will”, “is required”, or “are required”, identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offerors proposal, without exception.

“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

“Notice of Award” shall mean a formal written notice by the Purchasing Section.

“Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

“Ordinance” means the Bernalillo County Procurement Ordinance, Chapter 2, Article V, Division 1 – 3 (§2-356 through 2-402).

“Owner Design Review” is intended to include meetings at the end of each phase or intermediary meetings between phases of plan development in which the Design Professional’s team meets with the Owner’s team, obtains feedback, and direction for changes or adjustments to the project that are necessary to obtain Owner approval to proceed to the next phase of design. The Design Professional and their team will be required to respond to each comment in writing. The County’s intent is to ensure expedient Owner review timeframes as to not impede process and ensure collaboration and partnership.

“Pay Equity Preference” means any business that maintain a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form that has been submitted by the Offeror.

“Preference Limitations” means the total amount of all preferences applied including the applicable State of New Mexico preferences, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 15%, with the limit on State of New Mexico preferences as set forth under the New Mexico State Procurement Code. When applying the Bernalillo County preferences as set forth in Ordinance §2-367, the total dollar amount of Bernalillo County preferences shall never exceed $150,000.00.

“Procurement Manager” means the person or designee authorized by the Purchasing Section to manage or administer procurements requiring the evaluation of competitive sealed proposals.

“Purchase Order” means the document, which directs a contractor to deliver items of tangible personal property or services pursuant to an existing Agreement.

“Request for Proposals” or “RFP” means all documents, including those attached or incorporated by reference, used for soliciting proposals.

“Resident Business Preference” means a business that has a valid resident business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1- 22 NMSA 1978 and Ordinance §2-367 but does not include a resident veteran business.

“Resident Veteran Business Preference” means a business that has a valid resident veteran business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“Responsible Offeror” means a business entity or individual who has the ability to fulfill the solicitation expectations and requirements, including but not limited to financial and technical capacity to perform the requirement of the solicitation and subsequent Contract.

“Responsive Offer” or “Responsive Proposal” means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals, including all mandatory requirements and all of its requirements including all form and substance.

“Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed.

Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The County reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself.

Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases.

“Selection Committee” means a team established to evaluate proposals, conduct interviews, and assist with negotiations during proposal evaluation for a specific product or services.

Teams typically represent the functional areas to be addressed in the discussions. The Procurement Manager shall provide only technical assistance requested by the committee.

“Small Business Preference” means a business that has a Local Business Preference eligibility documentation as well as an affidavit from a Certified Public Accountant (CPA) affirming that the business employs an average of fewer than 50 full-time employees in a calendar year. Ordinance 2-367.

“Task Order for Professional Services” is a document that identifies the scope of work for a specific project and includes the negotiated fees, schedule, contract time, liquidated damages, and insurance certificate to provide the required deliverables. The approved Task Order for Professional Services becomes part of the Master Agreement between the firm and County.

“User Department” means a County department, office, unit or staff member for which procurement services are provided.

“User Agency” means the agency for which a project is being designed.

“User Agency Contact” is the person designated by the user agency to speak on behalf of that agency concerning the scope of work and programming requirements for the project.

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP outlines and describes the major events of the Selection Process and specifies general requirements.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsibility Date

1 RFP Legal Advertisement Bernalillo County 7/14/2025

2 Issue of RFP Bernalillo County 7/14/2025

Non-mandatory Conference: 415 Silver Ave. SW Albuquerque, NM 87102 7th Floor: Ocotillo Conference Room

Bernalillo County & Potential Offerors Time:2:00

PM MST

7/24/2025

5 Deadline to Submit Written Questions Potential Offerors Time: 4:00

PM MST

7/31/2025

Response to Written Questions & Date of Release of Last Addenda prior to Submission of Proposal

Bernalillo County 8/1/2025

Submission of Technical Proposal.

A complete Proposal including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/ ?tab=openOpportunities

Offerors Time: 4:00

PM MST

8/7/2025

8 Proposal Evaluation Bernalillo County

Week of 8/11/2025

10 Interviews (if applicable) Bernalillo County

Week of 8/18/2025

11 Contract Negotiations Bernalillo County

Week of 8/18/2025

12 Bernalillo County Commission Bernalillo County Commission

8/19/2025

13 Tentative Notice of Award Bernalillo County 8/20/2025

B. EXPLANATION OF EVENTS

1. Distribution of RFP Document - This RFP is issued by the Purchasing Section in accordance with the provisions of Ordinance §2-365 and 2-395. The Purchasing Section is the only organization who is authorized to make copies and/or distribute this RFP in any format. A distribution list of those who receive the RFP will be maintained throughout the procurement process and will become part of the procurement file.

Receipt of a Proposal from Offerors not included on the distribution list shall result in immediate disqualification and Proposal shall be rejected. Additional copies of the RFP can be obtained from the Procurement Manager.

2. Questions/Clarifications - Between the time of issuance of the RFP and the non-mandatory conference, prospective Offerors are encouraged to ask questions in relation to this RFP, respondents must register with the Organization’s public purchasing portal at https://bernco.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means, except as specifically stated in this

RFP.

3. Pre-Proposal Conference - A Non-Mandatory pre-proposal conference will be held as indicated in the sequence of events. Potential Offerors are encouraged to submit written questions in advance of the conference at https://bernco.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means, except as specifically stated in this RFP. The identity of the organization submitting the question(s) will not be revealed. All written questions will be addressed at the conference. A public log will be kept of the names of potential Offerors that attended the conference.

Attendance at the pre-proposal conference is not a prerequisite for submission of a proposal.

4. Response to Written Questions - An Addendum will be issued in response to written questions. If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum. Any Addendum issued prior to the submittal deadline shall become a part of the RFP.

5. Deadline to Submit Additional Written Questions - Prospective Offerors may submit additional written questions with the Organization’s public purchasing portal at https://bernco.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A as indicated in the sequence of events.

Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis for the question.

6. Response to Written Additional Questions - An Addendum will be issued in response to additional written questions and will be distributed to all recipients of the original RFP. If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum. Any Addendum issued prior to the submittal deadline shall become a part of the RFP.

7. Submission of Proposal – All Offeror proposals must be received for review and evaluation, no later than 4:00 PM Mountain Standard Time/Daylight Time as indicated in the Sequence of Events. Submit your complete Proposal including all forms, attachments, exhibits, Technical Proposal, Cost Proposal, etc. using the eProcurement System at https://bernco.bonfirehub.com/Opportunities. Please allow a minimum of 24 https://bernco.bonfirehub.com/ https://bernco.bonfirehub.com/ https://bernco.bonfirehub.com/ https://bernco.bonfirehub.com/Opportunities hours to submit your proposal. If you do not have a username and password, please register as this is the only method to submit electronically at https://bernco.bonfirehub.com/login on the Bonfire portal.

All proposals must be received by the County’s Purchasing Section as specified herein.

Failure to comply with the submission requirements shall be cause for the County to deem the proposal submittal nonresponsive.

C. EVALUATION PROCESS

The Evaluation Process section contains specific information about the process of evaluating Offeror proposals.

1. Notice of Non-Responsiveness - For any proposal submitted which is deemed non-responsive the Offeror will be notified in writing of such determination by the Purchasing Section.

2. Selection Process - The Selection Committee will review each Offerors proposal. Points will be allocated, as outlined in Section VI of this RFP, by each member. Each member’s point totals will be translated into a numeric ranking of all proposals. The individual member rankings will be totaled together to determine the overall ranking of proposals.

During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposal through oral presentations (interview) or the provision of information (either orally or written) deemed necessary to assist in the evaluation process. However, proposals may be accepted and evaluated without such discussion.

Discussions SHALL NOT be initiated by the Offerors. Offerors are advised that the Selection Committee, at its option, may enter into the negotiation process with the highest ranked Offeror on the basis of the evaluation of the written proposals only, and may not require discussion and/or interviews. Upon completion of the selection process, the Selection Committee shall recommend award of contract to the County Commission or their designee for approval. Each responsive Offeror will be notified in writing as to their status following the selection process.

3. Status Notification of Finalists/Non-Finalists – Each responsive Offeror will be notified in writing about the status of their proposal. This notification will include information regarding whether or not their proposal has been selected for the interview, negotiation process or award. Finalists will be those Offerors whose proposals have been selected to continue in either the interview, negotiation process or award. Non-finalists are those Offerors whose proposals have not been selected to continue in either the interview, negotiation process or award.

4. Best and Final Offers – Offeror(s) may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. Revisions may be for clarification of the proposal or to get the best price or for both. When applicable, the notification to Finalist(s) who have been selected to submit a best and final offer will include the date and time, the best and final offer must be submitted.

5. Interviews with Finalists – If applicable the notices for the Finalists who have been selected for interviews, will include the interview date and time. The interview location is at the discretion of the Selection Committee. Interview questions will be sent to finalists prior to interview by the Purchasing Section. Interview scoring will total 100 points. Each member’s point totals will be translated into a numeric ranking of all https://bernco.bonfirehub.com/login interviewed Finalists. The individual member rankings will be totaled together to determine the overall ranking of Finalists.

Rankings for the evaluation of written proposals are weighted 45% and ranking from the interviews are weighted 55% in determining the final selection as shown in Appendix A.

The Offeror with the highest combined ranking (lowest numerical score) from the interview shall be recommended for award.

6. Multiple Award – It is the intent of the County to issue multiple awards for each of the Categories. The firms with the highest overall ranking in each Category from the shortlist after interviews, if applicable, will be recommended for award.

The selected firms will be submitted to the County Commission for approval of award for the applicable categories of work. The County will then enter into Master Agreements with each of the awarded firms for the applicable categories of work. Architectural and Engineering firms will enter into a single Master Professional Services Agreement for all selected categories of work.

Design Team Selection Process for Multi-Award RFP Projects To ensure equitable distribution of work and achieve the best possible project outcomes, the County follows a three-pronged selection process based on current workload, cumulative contract spend, and relevant experience. This approach supports a fair, transparent, and effective method for assigning design projects under the multi-award RFP, while promoting design excellence, contract equity, and meaningful results for the community.

1. Current Workload & Performance with the County The first criterion in selecting a design team is an assessment of each firm’s current workload under active County contracts and performance on County projects. This step ensures:

• Timely and efficient completion of projects with quality of performance;

• Balanced distribution of work to avoid overburdening any single firm;

• Availability of firm personnel and resources to meet project deadlines.

• Performance of firm considering design and technical components including responsiveness, design quality, and overall County satisfaction.

2. Cumulative Contract Spend Across Firms In an attempt to maintain equity and contract value among all awarded firms, the second criterion involves reviewing the total dollar amount awarded to each firm under the contract to date along with project typ. Consideration will be given to:

• The cumulative value of work assigned to each design team;

• Opportunities to engage underutilized firms and ensure meaningful contract participation;

• Attempt to be equitable with fair and transparent distribution of public funds.

3. Relevant Experience and Project-Specific Qualifications Finally, design teams will be evaluated for their specific experience and qualifications related to the upcoming project. This includes:

• Prior experience with similar project types, scales, or scopes;

• Demonstrated knowledge of relevant codes, standards, and community considerations;

• Past performance on County projects, including responsiveness, innovation, and quality of work.

* Bernalillo County reserves the right to select the firm that is deemed in the best interest of the County to successfully complete the project Scope of Work.

7. Task Order Negotiations – The County shall negotiate with selected firms on a per project basis utilizing the Bernalillo County Request for Proposals for Architectural Services Template (Appendix H). Negotiations shall be based upon man-hour estimates and progress schedule submitted as part of the negotiation process. If agreement on terms can be reached, the County Public Works Division shall prepare a Task Order for Professional Services for approval (Appendix F). If agreement cannot be reached within a reasonable time, the County shall terminate negotiations with that firm, and begin negotiations with the next firm with the best qualifications/experience for that specific project. This process will continue until a Task Order for Professional Services has been negotiated or the County may choose to terminate negotiations.

8. Negotiations – The County will begin negotiations with the highest ranked Offeror(s) following Finalist notification. Actual fees shall be negotiated based upon specific services, reimbursable expenses, and specific successful Offeror requirements. If negotiations are successful, the County shall prepare an Agreement for approval by the County Commission or its designee. If an agreement on terms cannot be reached within a reasonable time the County shall terminate negotiations and begin negotiations with the next firm on the ranking list. This process will continue until an Agreement has been negotiated with one of the firms on the ranking list. If an Agreement cannot be negotiated with the firms on the ranking list, the County may choose to negotiate with other qualified Offerors scored by the Committee or to terminate negotiations.

9. Approval of Task Order for Professional Services – Task Orders for Professional Services up to $500,000 may be authorized by Public Works Section Managers or Department Directors. Task Orders from $500,000 to $1,000,000 may be authorized by the Director of Fleet and Facilities. Task Orders over $1,000,000 may be authorized by Deputy County Manager for Public Works. The maximum cumulative contract dollar amount for any one firm selected from this RFP is unlimited. Task Orders for Professional Services can be issued up to six (6) years from the date of the Master Agreement. Completion of Task Orders for Professional Services may not exceed six

(6) years from the date that the Task Order is approved. Task Orders for other County Divisions will be approved by appropriate staff for the respective Division.

10. This Contract will be administered through Bernalillo County Facilities Design + Construction. All Bernalillo County Departments that desire to utilize this On-Call Contract shall coordinate all work and Contracts through FD+C.

D. GENERAL REQUIREMENTS

The General Requirements section contains specific information about the process, general conditions, and instructions, which govern this procurement.

1. Protests - In accordance with Procurement Ordinance, §2-385, §2-367 and applicable procurement regulations, any Offeror who is aggrieved in connection with a solicitation, application of preferences and or award of an Agreement may protest to the Procurement and Business Services Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Annie Baca, Procurement and Business Services Director Purchasing Section, 6th Floor 415 Silver Ave, NW Albuquerque, NM 87102 Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits.

Protests received after the deadline will not be accepted.

2. Incurring Cost - Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

3. Application of Preferences - To ensure adequate consideration and application of Preferences pursuant to §13-1-21, NMSA 1978 and Ordinance 2-367, Offerors must include a copy of their State of New Mexico preference certificate and any additional documentation required for the County preferences with their proposal. Offerors are not eligible to receive both a Resident Business/Contractor Preference and a Resident Veteran Business/Contractor preference. The Preferences shall not apply when the expenditures for this RFP includes federal funds. See Appendix B for explanation and application for Preference eligibility.

4. Pay Equity Documentation - All Offerors shall include with their proposal submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

Offerors who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form. Failure to provide a Pay Equity Reporting Form at the time of submission may result in the Offer being deemed nonresponsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if;

(i) the originally submitted form requires a technical change; or (ii) the Offeror fails to include a Pay Equity Reporting Form at the time of submission, provided that the Offeror submits the Pay Equity Reporting Form within the 24 hour business period.

NOTE: THE REQUIRED PAY EQUITY REPORTING FORM IS NOT A PAY EQUITY

BUSINESS CERTIFICATE, NOR DOES IT QUALIFY AN OFFEROR FOR THE PAY

EQUITY PREFERENCE. FOR QUESTIONS ON HOW TO OBTAIN A PAY EQUITY

BUSINESS CERTIFICATE AND QUALIFY FOR THE PREFERENCE, PLEASE

CONTACT THE PAY EQUITY ADMINISTRATOR BY TELEPHONE: (505) 364-3481 OR

EMAIL: dconkle@bernco.gov.

5. Subcontractors - The successful Offeror is responsible for performance by any subcontractor providing Services in connection with this RFP; payments to a subcontractor(s) is the responsibility of the successful Offeror. The successful Offeror is solely responsible for fulfillment of the contract agreement resulting from this RFP.

6. Amended Proposals - An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for http://www.bernco.gov/general-services/pay-equity.aspx mailto:dconkle@bernco.gov a previously submitted proposal and must be clearly identified as such in the transmittal letter. Purchasing Section personnel will not collate or assemble proposal materials.

7. Right to Reject Proposal - The County reserves the right to reject a proposal from any Offeror who has previously failed to perform properly, has caused the County to incur unreasonable costs or expense, failed to complete on time an agreement of a similar nature, or who is not in a position to perform the work governed by this RFP.

8. Offerors Rights to Withdraw Proposal - Offerors will be allowed to withdraw their proposals at any time, prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offerors duly authorized representative addressed to the Director of the Purchasing Section. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Director of the Purchasing Section.

9. Disclosure of Proposal Contents - A public log will be kept of the names of all Offerors which submitted proposals. The proposals and documents pertaining to the proposals will be kept confidential throughout the duration of the procurement process and until a contract is awarded. At that time, all proposals will be open to the public, except for the material, which has been previously noted and deemed as proprietary or confidential.

10. Confidentiality/Public Records - Confidential data is normally restricted to confidential financial information concerning the Offerors organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFP response shall be deemed to be public records, subject to public inspection, upon award of the RFP and execution of an Agreement by the County Commission or their designee. If the Offeror believes any of the information contained in its response is exempt from the Inspection of Public Records Act (NMSA 1978, Chapter 14, Article 2), then the Offeror must identify the material deemed to be exempt and cite the legal authority for the exemption. Any pages of a proposal on which the Offeror has stamped or imprinted “proprietary” or “confidential” must be readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal.

The County’s determination of whether an exemption applies shall be final, and the Offeror agrees to defend indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County’s treatment of records as public records.

11. Cancellation - This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Director of the Purchasing Section determines such action to be in the best interest of the County.

12. Sufficient Appropriation - Any Agreement awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The County’s decision as to whether sufficient appropriations and authorizations are available is in the sole discretion of the County and shall be final and binding upon the Contractor.

If the determination is made that there is insufficient funding to continue or finalize the services the Contractor will be compensated to the level of effort performed, as authorized by the County prior to that determination.

13. Code of Conduct - The successful Offeror shall abide by the Code of Conduct (http://www.bernco.gov/code_of_conduct) of the County as it applies to the successful http://www.bernco.gov/code_of_conduct

Offeror’s interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included in Section VII).

14. Acceptance of Conditions Governing the Procurement - Offerors must indicate their acceptance of the Conditions Governing the Procurement, Section II, in the Submittal Letter Form. Submission of a proposal constitutes acceptance of all conditions contained herein including the evaluation factors contained in Section VI.

15. Standard Agreement - A draft copy of the proposed Agreement to be entered into is included in Section. However, the County reserves the right to negotiate with the successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the Agreement.

16. Offeror Qualifications - The Selection Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Selection Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Ordinance §2-358 (oo) and (pp).

17. Right to Waive Minor Irregularities - The Purchasing Section reserves the right to waive minor irregularities. The Purchasing Section also reserves the right to waive mandatory requirements if all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Purchasing Section.

18. Notice - The County Ordinance and the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

19. Release of Information - Only the County is authorized to release information covered by this RFP. The Offerors must refer to the County any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

20. Ownership of Documents - Any specifications, and other project documents are the property of the County.

21. Costs Incurred in Responding - This solicitation does not commit the County to pay any costs incurred in the preparation and submission of proposals or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services.

22. Proposal Firm Offer - It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. Responses to this RFP will be considered firm for that time frame. The anticipated Agreement term shall be four (4) years with an option to renew for an additional two (2) year period for a total of six (6) years commencing from the date of award.

23. Insurance Requirements – Until final acceptance by the County of the work covered, the Architect shall procure and maintain at the Architect's expense, insurance of the kinds and in the amounts herein provided. This insurance shall be provided by insurance companies authorized to do business in the State of New Mexico and shall cover all operations under the Agreement, whether performed by the Architect, the Architect's agents or employees, or by sub-contractors. All insurance provided shall remain in full force and effect for the entire period of the work, up to and including final acceptance, and the removal of all equipment and employees, agents and sub-contractors therefrom.

David Conkle Should this be the same at RFB-12-19-AB

Annie C. Baca Yes. And change Engineer to Architect.

If part of the Agreement is sublet or subcontracted, the Architect shall require the sub-contractor to secure insurance to protect itself against all hazards enumerated herein, which are not covered by the Architect’s insurance policies and to include the County as an additional insured thereon.

The Architect shall procure and maintain, during the life of a Task Order for Professional Services, a Worker’s Compensation, Commercial General Liability, Business Automobile Liability, and Professional Liability Insurance policies. The policies will be written with the Contracting Agency (Bernalillo County) as additional insured, as applicable, while acting within the scope of their duties against all claims arising out of, or in connection with, the work to be performed. All insurance documents must include a provision for 30 day written notification to the Purchasing Department, (One Civic Plaza N. W., 10th Floor, #10010, Albuquerque, New Mexico 87102) if a policy has been materially changed or canceled. The Contracting Agency shall be an additional insured (ISO CG2010 10/01 ed. or equivalent) and will be written on an occurrence form, and shall provide limits as follows:

A. (1) Workers Compensation Statutory

(2) Employers Liability $1,000,000 The Architect shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the "Act"). If the Architect 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 Architect will notify the Contracting Agency (Bernalillo County) and comply with the Act should it employ three or more persons during the term of any Agreement with the County. If the Architect fails to comply with the Workers Compensation Act and applicable rules when required to do so, agreement with the County may be terminated effective immediately.

B. Commercial General Liability with ISO CG0001 07/98 ed.

(1) Bodily Injury/Property Damage: $1,000,000 Each Occurrence $2,000,000 General Aggregate

(2) Products/Completed Operations: $1,000,000 Each Occurrence $2,000,000 Aggregate

C. Business Automobile Liability Combined Single Limit - $1,000,000 Each Occurrence with ISO CA0001 10/01 ed.

Business Automobile Liability Insurance shall include coverage for the use of all owned, non-owned and hired automobiles and vehicles.

D. Independent Contractors: Included E. Contractual Liability: Included F. Professional Liability: $1,000,000 Each Occurrence

$2,000,000 Aggregate The Architect/Engineer shall furnish one copy each of Certificates of Insurance herein required for each Task Order for Professional Services, which shall specifically set forth evidence of all coverage required. If such limits are higher than the minimum limits required by the Contracting Agency (Bernalillo County), such limits shall be certified and shall apply to the coverage afforded the Contracting Agency (Bernalillo County) under the terms and conditions of the Agreement as though required and set forth in the Agreement. The Architect shall furnish to the Contracting Agency (Bernalillo County) copies of any endorsements that are subsequently issued amending coverage or limits.

Approval of Insurance Even though a "Notice to Proceed" may have been given by the Contracting Agency (Bernalillo County), the Architect/Engineer or sub-contractor(s) shall not begin work under this Agreement or solicitation until the required insurance has been obtained and the proper Certificates of Insurance (or insurance policies) have been filed with Bernalillo County, adding Bernalillo County as an additional insured as applicable. Neither approval nor failure to approve certificates, policies, or insurance by the County, shall relieve the Architect/Engineer or sub-contractor(s) of full responsibility to maintain the required insurance in full force and effect.

Increased Limits If, during the life of this Agreement or solicitation, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, Bernalillo County may require the successful Architect to increase the maximum limits of any insurance required herein. In the event that the successful Architect is required to increase the limits of such insurance, an appropriate adjustment in the Agreement amount will be made.

24. Proof of licensing - The County reserves the right to request proof of licensing for which licensure by the State of New Mexico, or another agency is required, (e.g., Professional Architect/Engineer Number, State Bar Member Number, Contractor, etc.).

25. W-9 Information - Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Offeror; according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service.

In addition, the Internal Revenue Service may require the County to withhold 28% or payments made, if the information is not furnished by the successful Offeror.

If the successful Offeror’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

26. Applicable Law - This procurement and any Agreement that may result from this procurement shall be governed by the laws of the State of New Mexico.

27. Unfair Business Practices - A system or pattern of acts or practices that a relevant federal or enforcement agency has made a formal finding within the last three years to be discriminatory, deceptive, fraudulent, or abusive (or similar terms) under the New Mexico Unfair Practices Act, NMSA 1978, §57-12-1 et seq, or an applicable federal or other state consumer protection law relating to the subject matter of the procurement) or that has violated a relevant criminal statute, as evidenced by a public enforcement order or judgment, settlement with the enforcement agency or other formal finding by the relevant enforcement agency with regulatory enforcement authority under the applicable consumer protection law, or criminal conviction.

The County finds that it is a priority to protect its interests and the public's trust by conducting its business with partners that are committed to and consistently demonstrate engaging in fair and responsible business practices. The general purpose and intent of the New Mexico Unfair Practices Act is to ensure to the maximum extent practicable that contracting practices support conducting government business with partners who are committed to and consistently demonstrate engaging in fair and responsible business practices and avoid conducting its business with partners that engage in criminal or systematic deceptive, fraudulent or abusive business practices.

Offerors must submit with their proposal the completed “Unfair Business Practices Disclosure Form” found in Appendix E. Failure to complete and return the signed unaltered form may result in disqualification.

III. RESPONSE FORMAT AND ORGANIZATION

This section describes the format and organization of the Offerors responses. Failure to conform to these guidelines may result in the disqualification of the proposal.

A. NUMBER OF RESPONSES

Only one proposal may be submitted by each individual Offeror, for any and all categories which is the subject of this RFP.

B. PROPOSAL FORMAT

Format. Each file uploaded to the eProcurement System shall be in Optical Character Recognition (OCR) searchable PDF format unless otherwise indicated. Do not encrypt files and do not password protect the documents submitted.

Length of the proposal shall be limited to a maximum number of pages per Category as shown below (printed sheet faces) of text and/or graphic material for project proposals.

Text shall be of font size no smaller than 10 point using font type Times New Roman or equivalent. Any questions regarding format requirements shall be directed to the Procurement Manager prior to submittal of documents. The proposal shall clearly separate each Category within the proposal that the Offeror is applying for.

Category 1 (General Architectural Services) shall be limited to a maximum of 15 pages.

Category 2 (Building Commissioning) shall be limited to a maximum of 7 pages Category 3 (Special Inspections, Testing Services and Geotechnical Engineering Services) shall be limited to a maximum of 10 pages.

Category 4 (Mechanical Engineering Services) shall be limited to a maximum of 7 pages.

Category 5 (Electrical Engineering Services) shall be limited to a maximum of 7 pages.

Material excluded from the maximum count shall include and shall be limited to:

Front cover (blank on back side) Divider pages (blank except for title information) Table of Contents (one page maximum) Submittal Letter Form Cost Detail Certificate(s) of insurance Resident Business Certificate

Resident Veteran Business Certificate Campaign Contribution Disclosure Form Unfair Business Practices Disclosure Form

Back cover (blank on one side)

ANY SHEETS OR PAGES INCLUDED IN THE PROPOSAL, BUT NOT SPECIFICALLY

EXCLUDED, AS NOTED ABOVE, SHALL BE COUNTED TOWARDS THE MAXIMUM

SHOWN ABOVE.

C. PROPOSAL ORGANIZATION

The proposal is to be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated.

File #1 (Mandatory)

1. Table of Contents

2. Submittal Letter Form. Proposals must be accompanied by a Submittal Letter Form (Appendix C), which contains the following information:

A. Identity of the submitting business, including name and address of organization, firm, or Department and nature of organization (individual, partnership or corporation, private or public, profit or non-profit);

B. Identifies the name and title of the person(s) authorized by the company to contractually obligate the business for the purpose of this RFP;

C. Identifies the names, titles, and telephone numbers of persons to be contacted for…