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DESIGN PROFESSIONAL SERVICES (City of Artesia)

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Rev 10-18
3C - 1
This form was prepared by the Local Government Division, Department of Finance and Administration, and is endorsed by the
Professional Technical Advisory Board [composed of the Consulting Engineers Council of New Mexico, New Mexico Society of
Professional Engineers, the American Institute of Architects of New Mexico, the New Mexico Society of Surveyors and Mappers,
and the New Mexico Society of Landscape Architects].
Exhibit 3-C
REQUEST FOR PROPOSALS
FOR
DESIGN PROFESSIONAL SERVICES
RFP No. __________
Packet No. ________
Project Name
Contracting Agency
Address
Telephone
Date
Procurement Manager
20-0004


P.O. Box 1310
Artesia, NM 88210
(575) 748-8290
04/23/2020
Gabrielle Cronopulos
Rev 10-18
3C - 2
NOTICE OF REQUEST FOR PROPOSALS
Qualifications-based competitive sealed proposals for design professional services will be received by the
Contracting Agency, _____________________________________________________________
for RFP No.____________________.
The Contracting Agency is requesting proposals for professional
architectural services
1
engineering services
1
surveying services
2
landscape architectural services
2
planning services
For: (insert Project Name and Location):
Project No.________________. Proposals will be received at __________________________________
____________________________
until , ____________
Copies of the Request for Proposals can be obtained in person at the office of: at
or will be mailed upon written or telephone request to
A Pre-Proposal Conference will will not be held on
20 ___ at
PURCHASING AGENT:
Date: ________________
[For Contracting Agency Use Only]
Newspaper:
Publish: P.O.
No.
Newspaper:
Publish: P.O.
No.
Newspaper:
Publish: P.O.
No.
[Note: This Notice is issued pursuant to the requirements of §13-1-104 NMSA 1978 and must be published not less than 10
calendar days prior to the date set for the receipt of proposals (§13-1-113 NMSA 1978) and published in a newspaper of general
circulation in the area.]
1
RFP required if over $50,000 in basic design fees excluding taxes or as prescribed by local regulation.
2
RFP required if over $10,000 in basic design fees excluding taxes or as prescribed by local regulation.
at
at

✔
✔




May 21, 2020
2:00
p.m.
Gabrielle Cronopulos
511 W Texas Ave, Artesia, NM email: gcronopulos@artesianm.gov
Gabrielle Cronopulos
(575) 748-8290
May 5
20
City Hall 2:00
p.m.
Gabrielle Cronopulos
04/23/2020
Artesia Daily Press
April 23, 2020
Rev 10-18
3C - 3
1. PROJECT DESCRIPTION (as defined by Exhibit "1-A")
2. SCOPE OF WORK
The Offeror shall perform the following professional services:
2.1 Provide standard Basic Design Services, consisting of:
Architects/Landscape Architects
Engineers
Programming Phase
Study and Report Phase
Schematic Phase
Preliminary Design Phase
Design Development Phase
Final Design Phase
Construction Documents Phase
Bidding and Negotiations Phase
Bidding and Negotiations Phase
Construction Phase
Construction Administration Phase
Operational Phase
Post-Construction Phase
Surveyors
Planning Studies
Property Boundary Survey
Comprehensive Plan
Topographic Survey
Strategic (i.e. issue specific) Plan
Easement Survey
Mapping and/or Zoning
Right-of-Way Survey
Other Planning Tasks
]
Inspection Report
Additional Services
Environmental Documentation
Permitting
Grant Administration
Right-of-Way Acquisition
2.2
Periodic or Full-time on-site observation during construction.
2.3 Other (list):
The City of Artesia is seeking design professional services to bring sidewalks at street intersections throughout the City into
ADA compliance. This project will consist of replacing non-compliant concrete sidewalk remaps with new ADA compliant
concrete ramps at various intersections throughout the City. It will also include the addition of ADA compliant concrete
sidewalk ramps at intersections where no ramps currently exist. The work will include demolition, removals, sub grade
preparation, base course, standard curb and gutter;,4" concrete sidewalk, 6" concrete fillets, pavement patching, detectable
warning surfaces, traffic control, construction staking, and various other related construction necessary to complete the project.
This project may be multi phased. The City has received CDBG funding. The scope is listed as follows:
CDBG SCOPE:
The City of Artesia in Eddy County will design and construct ADA ramp improvements throughout the City of Artesia at
Latitude 32.851499 and Longitude -104.402062. Improvements consist of approximately 1,340 lf 24 inch concrete Curb &
Gutter; 744 sy 4 inch concrete sidewalk; 134 6 inch concrete fillet w/ramp type A. This project also requires:
demolition/removals; materials testing; construction staking; traffic control; mobilization and other related improvements.
✘
✘
✘
✘
✘
3C - 4
INSTRUCTIONS TO OFFERORS
1. DEFINITIONS AND TERMS
1.1 Addendum: a written or graphic instrument
issued prior to the opening of Proposals which
clarifies, corrects, or changes the Request for
Proposals. Plural: Addenda.
1.2 Consultant: means the Successful Offeror
awarded the Agreement/Contract.
1.3 Determination: means the written
documentation of a decision of the procurement
officer including findings of fact required to support
a decision. A determination becomes part of the
procurement file to which it pertains (§13-1-52
NMSA 1978).
1.4 Offeror: means any person, corporation, or
partnership legally licensed to provide design
professional services in this state, who chooses to
subm
it a proposal in response to this Request for
Proposals.
1.5 Procurement Manager: means the person or
designee authorized by the Contracting Agency to
manage or administer a procurement requiring the
evaluation of proposals.
1.6 Request for Proposals: or "RFP" means all
documents, including those attached or incorporated
by reference, used for soliciting proposals
(§13-1-81 NMSA 1978).
1.7 Responsible Offeror or Proposer: means an
offeror or proposer who submits a responsive
proposal and who has furnished, when required,
information and data to prove that his financial
resources, production or service facilities, personnel,
service reputation and experience are adequate to
make satisfactory delivery of the services described
in the proposal (§13-1-83 NMSA 1978).
1.8 Responsive Offer or Proposal: means an
offer or proposal which conforms in all material
respects to the requirements set forth in the request
for proposals. Material respects of a request for
proposals include, but are not limited to, price,
quality, quantity or delivery requirements
( §13-1-85 NMSA 1978).
1.9 The terms must, shall, will, is required, or
are required, identify a mandatory item or factor.
Failure to comply with a mandatory item or factor
Rev 10-18
will result in the rejection of the offeror's proposal.
1.10 The terms can, may, should, preferably, or
prefers identify a desirable or discretionary item or
factor.
2. REQUEST FOR PROPOSAL DOCUMENTS
2.1 COPIES OF REQUEST FOR PROPOSALS
A. A complete set of the Request for Proposals
may be obtained from the Contracting Agency (unless
another issuing office is designated in the RFP).
B. A complete set of the Request for Proposals
shall be used in preparing proposals; the Contracting
Agency assumes no responsibility for errors or
misinterpretations resulting from the use of an
incomplete set of the Request for Proposals.
C. The Contracting Agency in making copies of
Request for Proposals available on the above terms,
does so only for the purpose of obtaining proposals on
the Project and does not confer a license or grant for
any other use.
D. A copy of the RFP shall be made available for
public inspection and shall be posted at the
Administration Building of the Contracting Agency.
2.2 INTERPRETATIONS
A. All questions about the meaning or intent of
the Request for Proposals shall be submitted to the
Procurement Manager of the Contracting Agency in
writing. Replies will be issued by Addenda mailed or
delivered to all parties recorded by the Contracting
Agency as having received the Request for Proposals.
Questions received less than five days prior to the date
for opening of proposals will not be answered. Only
questions answered by formal written addenda will be
binding. Oral and other interpretations or clarifications
will be without legal effect.
B. Offerors should promptly notify the
Contracting Agency of any ambiguity, inconsistency,
or error which they may discover upon examination of
the Request for Proposals.
2.3 ADDENDA
A. Addenda will be mailed by certified mail with
return receipt requested, by facsimile or hand delivered
3C - 5
to all who are known by the Contracting Agency to
have received a complete set of Request for
Proposals.
B. Copies of Addenda will be m
ade available
for inspection wherever Request for Proposals are on
file for that purpose.
C. No Addenda will be issued later than 5 days
prior to the date for receipt of Proposals, except an
Addendum withdrawing the Request for Proposals
or one which includes postponement of the date for
receipt of Proposals.
D. Each Offeror shall ascertain, prior to
submitting the Proposal, that the Offeror has
received all Addenda issued, and shall acknowledge
their receipt in the Proposal transmittal letter.
3. PROPOSAL SUBMITTAL PROCEDURES
3.1 NUMBER, FORM AND STYLE OF
PROPOSALS
A. Offerors shall provide ____copies of their
proposal to the location specified on the cover page
on or before the closing date and time for receipt of
proposals.
B. All proposals must be typewritten on
standard
8 1/2" x 11" paper and bound on the left-hand
margin;
C. A maximum of ____ pages, including title,
index, etc., not including front and back covers and
divider pages.
D. The proposal must be organized and indexed
in the following format and must contain, as a
minimum, all listed items in the sequence indicated:
1) Letter of Transmittal, if any;
2) Response to Specialized Design and
Technical Competence;
3) Response to Capacity and Capability;
4) Response to Past Record of
Performance;
5) Response to Familiarity with the
Contracting Agency;
6) Response to Work to be done in New
Mexico [cannot to be used for federally funded
projects];
7) Response to Current Volume of Work
with the Contracting Agency not 75% Complete;
Rev 10-18
8) List of Subconsultants;
9) Campaign Contribution Disclosure form;
and
10) Other supporting or resource material.
E. Any proposal that does not adhere to this
format, and which does not address each specification
and requirement within the RFP may be deemed non-
responsive and rejected on that basis.
F. Offerors may request in writing nondisclosure
of confidential data. Such data should accompany the
proposal and should be readily separable from the
proposal in order to facilitate eventual public
inspection of the non-confidential portion of the
proposal. A request that states that the entire proposal
is kept confidential will not be acceptable. Only
matters which clearly are of a confidential nature will
be considered.
G. Any cost incurred by the Offeror in
preparation, transmittal, presentation of any proposal
or material submitted in response to this RFP shall be
borne solely by the Offeror.
3.2 SUBCONSULTANTS
A. The Offeror shall list and state the
qualifications for each Subconsultant the Offeror
proposes to use for all subcontracted Work.
B. The Offeror is specifically advised that any
person or other party, to whom it is proposed to award
a subcontract under this proposal, must be acceptable
to the Contracting Agency after verification by the
Contracting Agency of the current eligibility status,
including but not limited to suspension or debarment
by the Contracting Agency.
3.3 PREQUALIFICATION PROCESS
A business may be prequalified by the Purchasing
Agent as an Offeror for particular types of service.
Mailing lists of potential Offerors shall include but
shall not be limited to such prequalified businesses
( §13-1-134 NMSA 1978). For purposes of this RFP, if
prequalification is utilized, special instructions will be
attached as an exhibit to this RFP.
3.4 DEBARRED OR SUSPENDED CONTRACTORS
A business (contractor, subcontractor or supplier) that
has either been debarred or suspended pursuant to the
requirements of § 13-1-77 through §13-1-180, and
§ 13-4-11 through §13-4-17 NMSA 1978,

Rev 10-18
3C - 6
as amended, shall not be permitted to do business
with the Contracting Agency and shall not be
considered for award of the contract during the
period for which it is debarred or suspended with the
Contracting Agency.
3.5 SUBMITTAL OF PROPOSALS
A. Proposals shall be submitted at the time and
place indicated in the Notice of Request for
Proposals and shall be included in an opaque sealed
envelope marked with the Project title and name and
address of the Offeror and accompanied by the
documents listed in the Request for Proposals.
B. The envelope shall
be addressed to the
Purchasing Agent/Procurement Officer of the
Contracting Agency. The following information
shall be provided on the front lower left corner of
the Bid envelope: Project Title, Project N
o.
, Request
for Proposals number, date of opening, and time of
opening. If the Proposal is sent by mail, the sealed
envelope shall have the notation "SEALED
PROPOSAL ENCLOSED" on the face thereof.
C. Proposals received after the date and time
for receipt of Proposals will be returned unopened.
D. The Offeror shall assume full responsibility
for timely delivery of proposals at the Purchasing
Agent's office, including those proposals submitted
by mail. Hand-delivered proposals shall be
submitted to the Purchasing Agent or his designee
and will be clocked in/time stamped at the time
received, which must be prior to the time specified.
E. After the date established for receipt of
proposals, a register of proposals will be prepared
which includes the name of each Offeror, a
description sufficient to identify the service, the
names and addresses of the required witnesses and
such other information as may be specified by the
Purchasing Agent.
F. Oral, telephonic, or telegraphic proposals
are invalid and will not receive consideration.
3.6 CORRECTION OR WITHDRAWAL OF
PROPOSALS
A. A Proposal containing a mistake discovered
before proposal opening may be modified or
withdrawn by an Offeror prior to the time set for
proposal opening by delivering written or
telegraphic notice to the location designated in the
Request for Proposals as the place where Proposals are
to be received.
B. Withdrawn Proposals may be resubmitted up
to the time and date designated for the receipt of
Proposals, provided they are then fully in conformance
with the Request for Proposals.
3.7 NOTICE OF CONTRACT REQUIREMENTS
BINDING ON OFFEROR
A. In submitting this proposal, the Offeror
represents that the Offeror has familiarized him
self
with the nature and extent of the Request for Proposals
dealing with federal, state and local requirements
which are a part of these Request for Proposals.
B. Laws and Regulations. The Offeror's attention
is directed to all applicable federal and state laws, local
ordinances and regulations and the rules and
regulations of all authorities having jurisdiction over
the services of the Project.
3.8 REJECTION OR CANCELLATION OF
PROPOSALS
This Request for Proposals may be canceled, or any or
all proposals may be rejected in whole or in part, when
it is in the best interest of the Contracting Agency. A
determination containing the reasons therefor shall be
made part of the project file (§13-1-131 NMSA 1978).
4. CONSIDERATION OF PROPOSALS
4.1 RECEIPT, OPENING AND RECORDING
A. Proposals received on time will be opened
publicly or in the presence of one or more witnesses
and the name of the Offeror and address will be read
aloud.
B. The names of all businesses submitting
proposals and the names of all businesses, if any,
selected for interview shall be public information.
After an award has been made, final ranking and
evaluation scores for all proposals shall become public
information. (§13-1-120 NMSA 1978). The contents of
any proposal shall not be disclosed so as to be available
to competing Offerors during the negotiation process
(§13-1-116 NMSA 1978).
4.2 PROPOSAL EVALUATION
A. Proposals shall be evaluated on the basis of
Rev 10-18
3C - 7
demonstrated competence and qualification for the
type of service required, and shall be based on the
evaluation factors set forth in this RFP. For the
purpose of conducting discussions, proposals may
initially be classified as:
1) Acceptable,
2) Potentially acceptable, that is,
reasonably assured of being made acceptable, or
3) Unacceptable (Offerors whose proposals
are unacceptable shall be notified promptly).
B. The Contracting Agency shall have the right
to waive technical irregularities in the form of the
Proposal of the Offeror which do not alter the quality
or quantity of the services (§131-132 NMSA 1978).
C. If an Offeror who otherwise would have
been
awarded a contract is found not to be a responsible
Offeror, a determination that the Offeror is not a
responsible Offeror, setting forth the basis of the
finding, shall be prepared by the Purchasing Agent/
Procurement Manager. The unreasonable failure of
the Offeror to promptly supply information in
connection with an inquiry with respect to
responsibility is grounds for a determination that the
Offeror is not a responsible Offeror (§13-1-133
NMSA 1978). Businesses which have not been
selected shall be so notified in writing within twenty-
one days after an award is made (§13-1-120 NMSA
1978).
D. Selection Process: (§13-1-120 NMSA
1978)
1) The evaluation of proposals will be
performed by an evaluation co
mmittee composed of
representatives selected by
the Contracting Agency
.
The com
m
ittee
shall evaluate statem
ents of
qualifications and
perform
ance data subm
itted
by
at
least three bu
sinesses in regard to th
e particular
project and m
a
y
conduct
interviews with
and m
a
y
require public presentation by all businesses
applying for selection regarding their qualifications,
their approach to the project and their ability to
furnish the required services.
2) If fewer than three businesses have
submitted a statement of qualifications for a
particular project, the com
mittee may: a) rank in
order of qualifications and submit to the local
governing body for award those businesses which
have submitted a statement of qualifications; or b)
recommend termination of the selection process
and sending out of new notices of the proposed
procurement pursuant to §13-1-104 NMSA 197
8.
4.3 NEGOTIATIONS (§13-1-122 NMSA 1978)
A. The Contracting Agency's designee shall
negotiate a contract with the highest qualified business
for the services contemplated under this RFP at
compensation determined in writing to be fair and
reasonable. In making this decision, the designee shall
take into account the estimated value of the services to
be rendered and the scope, complexity and professional
nature of the services.
B. Should the designee be unable to negotiate a
satisfactory contract with the business considered to be
the most qualified at a price determined to be fair and
reasonable, negotiations with that b
usiness shall be
formally terminated. The designee shall then undertake
negotiations with the second most qualified business.
Failing accord with the second most qualified business,
the designee shall formally terminate negotiations with
that business.
C. The designee shall then undertake negotiations
with the third most qualified business.
D. Should the designee be unable to negotiate a
contract with any of the businesses selected by the
committee, additional businesses shall be ranked in
order of their qualifications and the designee shall
continue negotiations in accordance with this section
until a contract is signed with a qualified business or
the procurement process is terminated and a new
request for proposals is initiated.
E. The Contracting Agency shall publicly
announce the business selected for award.
4.4 NOTICE OF AWARD
After award by the local governing body, a written
notice of award shall be issued by the Contracting
Agency after review and approval of the Proposal and
related documents by the Contracting Agency with
reasonable promptness (§ 13-1-100 and
§13-1-108 NMSA 1978).
5. POST-PROPOSAL INFORMATION
5.1 PROTESTS
A. Any Offeror who is aggrieved in connection
with a solicitation or award of a Agreement may protest
to the Contracting Agency's Purchasing Agent and the
Chief Administrator/Clerk in accordance with the
requirements of the Contracting Agency's Procurement
Rev 10-18
3C - 8
Regulations and the state Procurement Code. The
protest should be made in writing within 24 hours
after the facts or occurrences giving rise thereto, but
in no case later than 15 calendar days after the facts
or occurrences giving rise thereto
(§13-1-172 NMSA 1978).
B. In the event of a timely protest under this
section, the Purchasing Agent and the Contracting
Agency shall not proceed further with the
procurement unless the Purchasing Agent makes a
determination that the award of Agreement is
necessary to protect substantial interests of the
Contracting Agency (§13-1-173 NMSA 1978).
C. The Purchasing Agent or his designee shall
have the authority
to take any action reasonably
necessary to resolve a protest of an aggrieved
Offeror concerning a procurement. This authority
shall be exercised in accordance with adopted
regulations, but shall not include the authority to
award money damages or attorneys' fees (§13-1-174
NMSA 1978).
D. The Purchasing Agent or his designee shall
promptly issue a determination relating to the
protest. The determination shall:
1) state the reasons for the action taken;
and
2) inform the protestant of the right to
judicial review of the determination pursuant to
§13-1-175 NMSA 1978 shall immediately be
mailed to the protestant and other Offerors
involved in the procurement (§13-1-176 NMSA
1978).
5.2 EXECUTION AND APPROVAL OF
AGREEMENT
The Agreement shall be signed by the Successful
Offeror and returned within an agreed upon time
frame after the date of the Notice of Award. No
Agreement shall be effective until it has been fully
executed by all of the parties thereto.
5.3 NOTICE TO PROCEED
The Contracting Agency will issue a written Notice
to Proceed to the Consultant.
5.4 OFFEROR’S QUALIFICATION STATEMENT
Offeror to whom award of a Agreement is under
consideration shall submit, upon request, information
and data to prove that their financial resources,
production or service facilities, personnel, and service
reputation and experience are adequate to make
satisfactory delivery of the services described in the
Request for Proposals (§13-1-82 NMSA 1978)
6. CAMPAIGN CONTRIBUTION DISCLOSURE
AND PROHIBITION (§13-1-112 NMSA 1978)
6.1 A prospective contractor subject to the provisions
of §13-1-191.1 NMSA 1978 shall disclose all
campaign contributions given by the prospective
contractor or a family member or representative of the
prospective contractor to an applicable public official
(governing body) of the Grantee during the two years
prior to the date on which a proposal is submitted or, in
the case of a sole source or small purchase contract, the
two years prior to the date on which the contractor
signs the contract, if the aggregate total of
contributions given by the prospective contractor or a
family member or representative of the prospective
contractor to the public official exceeds two hundred
fifty dollars ($250) over the two-year period. See
Exhibit A – Campaign Contribution Disclosure Form.
6.2 The form shall be filed with the Grantee as part of
the competitive sealed proposal, or in the case of a sole
source or small purchase contract, on the date on which
the contractor signs the contract.
6.3 A prospective contractor submitting a disclosure
statement pursuant to this section who has not
contributed to an applicable public official, whose
family members have not contributed to an applicable
public official or whose representatives have not
contributed to an applicable public official shall make
a statement that no contribution was made.
6.4 A prospective contractor or a family member or
representative of the prospective contractor shall not
give a campaign contribution or other thing or value to
an applicable public official or the applicable public
official's employees during the pendency of the
procurement process or during the pendency of
negotiations for a sole source or small purchase
contract.
6.5 A solicitation or proposed award for a proposed
contract may be canceled pursuant to §13-1-181
NMSA 1978 or a contract that is executed may be
ratified or terminated pursuant to §13-1-181 NMSA
3C - 9
1978 if:
A. A prospective contractor fails to submit a
fully completed disclosure statement pursuant to this
section; or
B. A prospective contractor or family member
or representative of the prospective contractor gives
a campaign contribution or other thing of value to an
applicable public official or the applicable public
official's employees during the pendency of the
procurement process.
6.6 As used in this section:
A. Applicable public official means a person
elected to an office or a person appointed to
complete a term of an elected office, who has the
authority to award or influence the award of the
contract for which the prospective contractor is
submitting a competitive sealed proposal or who has
the authority to negotiate a sole source or small
purchase contract that may be awarded without
submission of a sealed competitive proposal;
B. Family member means spouse, father,
mother, child, father-in-law, mother-in-law,
daughter-in-law or son-in-law;
C. 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;
D. Prospective contractor means a person who is
subject to the competitive sealed proposal process set
forth in the Procurement Code, §13-1-28 NMSA 1978,
or is not required to submit a competitive sealed
proposal because that person qualifies for a sole source
or small purchase contract; and
E. Representative of the prospective contractor
means an officer or director of a corporation, a member
or manager of a limited liability corporation, a partner
of a partnership or a trustee of a trust of the prospective
contractor.
7. OTHER INSTRUCTIONS TO OFFERORS
(If none, write none)
Rev 10-18

Rev 10-18
3C - 10
GENERAL TERMS AND CONDITIONS
1. GOVERNING LAW
The Agreement shall be governed exclusively by the
laws of the state of New Mexico as the same from time
to time exist.
2. INDEPENDENT CONTRACTORS
The Consultant (design professionals) and his agents
and employees are independent Contractors and are not
employees of the Contracting Agency. The Consultant
and his agents and employees shall not accrue leave,
retirement, insurance, bonding, use of Contracting
Agency vehicles, or any other benefits afforded to
employees of the Contracting Agency as a result of the
Agreement.
3. BRIBES, GRATUITIES AND KICK-BACKS
Pursuant to §3-1-191 NMSA 1978, reference is hereby
made to the criminal laws of New Mexico
(including §30-14-1, §30-24-2, and §30-41-1 through
§ 30-41-3 NMSA 1978) which prohibit bribes,
kickbacks, and gratuities, violation of which constitutes
a felony. Further, the Procurement Code, §13-1-28
through §13-1-199 NMSA 1978, imposes civil and
criminal penalties for its violation
4. STANDARD FORM OF AGREEMENT
BETWEEN CONTRACTING AGENCY AND
CONSULTANT (Design Professional)
The form of agreement required by the
funding agency
or issued by
the
Contracting Agency
will
be
used for
this
project. Copies
are
available
and m
ay be reviewed
upon request.
5. FEES
A lump sum fixed fee for Basic Service will be
negotiated with the Offeror selected. Construction
Observation will be calculated on a Payroll Cost times
a multiplier
3
. Additional Services will be calculated on
a Payroll Cost times a multiplier
3
. [Note:
3
or as
appropriate or agreed upon]
6. FUNDING
This solicitation is subject to the availability of funds
to accomplish the work.
7. DESIGN PROFESSIONAL REGISTRATION
All work shall be under the direction of the applicable
design professional legally licensed and registered by
the state.
8. PROFESSIONAL LIABILITY INSURANCE
The Offeror will will not be required to carry
professional liability (errors and omissions) insurance.
If required to carry such insurance, the amount of
coverage will be $250,000, $500,000,
$1,000,000.
Rev 10-18
3C - 11
Note to Owner regarding Evaluation Criteria
The Request for Proposal must include each of the following evaluation criteria* as required by statute (13-1-120.B
NMSA 1978). Each proposal submitted must address the required evaluation criteria. Based on the complexity of
the project, the owner may add additional items of concern. The Owner must include a weight factor with each of
the evaluation criteria to communicate to the Offerors the relative importance of each.
EVALUATION CRITERIA:
1. Specialized Design and Technical Competence*
Specialized design and technical competence of the business, including a joint venture or association, regarding the
type of services required.
2. Capacity and Capability*
Capacity and capability of the business to perform the work, including any specialized services, within the time
frame
3. Past Record of Performance*
Past record of performance on contracts with government agencies or private industry with respect to such factors
as control of costs, quality of work and ability to meet schedules.
4. Familiarity with the Contracting Agency*
Proximity to or familiarity with the area in which the project is located.
5. Work to be Done in New Mexico*
The amount of design work that will be produced by a New Mexico business within this state. Note that this
criteria is not allowed for federally funded projects.
6. Current Volume of Work with the Contracting Agency not 75% Complete*
The volume of work previously done for the entity requesting proposals which is not seventy-five percent
complete with respect to basic professional design services [through bidding phase], with the objective of
effecting an equitable distribution of contracts among qualified businesses and of assuring the interest of the
public in having available a substantial number of qualified businesses is protected; however, that the principal of
selection of the most highly qualified business is not violated.
Firm should indicate the volume of work they currently have underway with the Contracting Agency that is less
than 75 percent complete. The purpose of this criteria is to help distribute projects among qualified firms. An
example of how points can be assigned is provided below:
Value of work not yet completed on projects that
are not 75% Complete
(Example)
Points to be allowed
for this item
None 10
$1 to $ 25,000 8
25,001 to 50,000 7
50,001 to 75,000 5
75,001 to 100,000 4
100,001 or more 0
7. Other Contracting Agency Criteria
The Owner may add additional elements of interest, such as ability to conduct public meetings, and assign points
according to importance. Note: Price cannot be a factor.
The evaluation criteria listed on pages 11 and 12 may be modified to fit the Owner’s needs. Insert N/A if not
applicable or not used in this evaluation.
3C - 12
EVALUATION CRITERIA
Criteria and Point Values
Proposals must address each of the following criteria. Each proposal may be awarded points up to the amount listed.
[Note: Price cannot be a factor]
Possible
Points
Points
this RFP
RATING SHEET FOR:
Applicant _______________________________________________
PLANNING & DESIGN SERVICES
[30]
[25]
[20]
[10]
[0]
[10]
1. Specialized Design and Technical Competence*
2. Capacity
and Capability*
3. Past Record of Performance*
4. Familiarity with the Contracting Agency*
5. W
ork to be Done in New Mexico*
This criteria is not allowed for federally
funded
projects.
6. Current Volume of Work with the Co
ntracting Agency not 75% Complete
*
7. Other
SUBTOTAL PLANNING & DESIGN SERVICES
[95]
*Items required by statue (13-1-120.B NMSA 1978)
0
Rev 10-18
Rev 10-18
3C - 13
Possible
Points
Points
this RFP
RATING SHEET FOR:
Applicant _______________________________________________
CONSTRUCTION SERVICES
1. Specialized construction management experience. [20]
2. Specialized experience with start up assistance to the Owner of new facilities. [15]
3. Capacity and capability of the consultant to perform the work within the Owner’s
timeframe.
[15]
4. History of past performance on the three similar projects itemized in PLANNING &
DESIGN SERVICES in Item Number 1, including the record of bid amount versus final
close out contract amount.
[10]
5. History of claims on three similar construction projects and their resolution. The
consultant should detail their claims avoidance approach and construction management
philosophy.
[10]
6.
Other
7. Other
SUBTOTAL CONSTRUCTION SERVICES
[70]
TOTAL SCORE
[170]
Rev 10-18
EXHIBIT A
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state
agency or local public body must file this form with that state agency or local public body. The prospective
contractor must disclose whether they, a family member or a representative of the prospective contractor has made
a campaign contribution to an applicable public official of the state or a local public body during the two years
prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase
contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions
given by the prospective contractor, a family member or a representative of the prospective contractor to the public
official exceeds two hundred and fifty dollars ($250) over the two year period.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY,
THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT
TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence
the award of the contract for which the prospective contractor is submitting a
competitive sealed proposal or who has the authority to negotiate a sole source or
small purchase contract that may be awarded without submission of a sealed
competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money
or other thing of value, including the estimated value of an in-kind contribution, that is made to or received
by an applicable public official or any person authorized to raise, collect or expend contributions on that
official’s behalf for the purpose of electing the official to 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.
“Contract” means any agreement for the procurement of items of tangible personal
property, services, professional services, or construction.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law,
daughter-in-law 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.
“Person” means any corporation, partnership, individual, joint venture, association or any
other private legal entity.
“Prospective contractor” 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 contractor” means an officer or director of a
3C - 14
Rev 10-18 3C - 15
corporation, a member or manager of a limited liability corporation, a partner of a
partnership or a trustee of a trust of the prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By:
Relation to Prospective Contractor:
Name of Applicable Public Official:
Date Contribution(s) Made:
Amount(s) of Contribution(s)
Nature of Contribution(s)
Purpose of Contribution(s)
(The above fields are unlimited in size)
Signature
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
Date
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DESIGN PROFESSIONAL SERVICES (City of Artesia)

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Completed 2 August 2020

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