REQUEST FOR PROPOSALS

for

Feasibility Studies and Consulting Services for

Development of Property and Facilities

Owned by the New Mexico Department of Transportation

RFP NUMBER 09-13

New Mexico Department of Transportation 1120 Cerrillos Road Santa Fe, NM 87501

December 16, 2008

TABLE OF CONTENTS I. INTRODUCTION ………………………………………………………….......... 4 A. PURPOSE OF THIS REQUEST FOR PROPOSALS …………………... 4 B. BACKGROUND ………………………………………………………… 4 C. SCOPE OF WORK ……………………………………………………… 6 1. Phase I, Part A: Feasibility Study ………………………………. 8 2. Phase I, Part B: Preliminary Master Plan, Schematic Design

and Request for Proposal Documents …………. 10 D. SCOPE OF PROCUREMENT ………………………………………….. 13 E. PROCUREMENT MANAGER …………………………………………. 13 F. PROJECT COORDINATOR AND PROJECT MANAGER ………….... 13 G. DEFINITION OF TERMINOLOGY ……………………………………. 13 H. PROCUREMENT LIBRARY ………………………………………….... 15 II. CONDITIONS GOVERNING THE PROCUREMENT ………………………. 16 A. SEQUENCE OF EVENTS ……………………………………………… 16 B. EXPLANATION OF EVENTS …………………………………………. 17 1. Issue of RFP ……………………………………………………… 17 2. Pre-Proposal Conference …………………………………………. 17 3. Distribution List Response Due ………………………………….. 17 4. Deadline to Submit Additional Questions/Clarifications ………... 18 5. Response to Written Questions/Clarifications and

RFP Amendments ……………………………….………………. 18 6. Submission of Proposal …………………………………………… 18 7. Proposal/Shortlisting …………………………………………….... 19 8. Pre-Interview Teleconference …………………………………….. 19 9. Interviews …………………………………………………………. 19 10. Best and Final Offers from Finalists ……………………………… 20 11. Notice of Intent to Begin Contract Negotiations

with Top-Rated Offeror ………………………………………….. 20 12. Contract Negotiations ……………………………………………... 20 13. Contract Executed/Notice to Proceed …………………………….. 20 14. Protest Deadline …………………………………………………... 20 C. GENERAL REQUIREMENTS …………………………………………... 21 1. Acceptance of Conditions Governing the Procurement ………….. 21 2. Incurring Cost ……………………………………………………. 21 3. Contractor Responsibility ………………………………………… 21 4. Independent Consultants, Subcontractors and

Other Key Team Members ………………………………………. 22 5. Amended Proposals ………………………………………………. 22 6. Offerors’ Rights to Withdraw Proposal …………………………… 22 7. Proposal Offer Firm ………………………………………………. 22 8. Disclosure of Proposal Contents ………………………………….. 22 9. No Obligation ……………………………………………………... 23 10. Termination ……………………………………………………….. 23

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11. Notice ……………………………………………………………… 23 12. Sufficient Appropriation …………………………………………... 23 13. Legal Review ……………………………………………………… 23 14. Consent to Jurisdiction and Venue ………………………………... 23 15. Basis for Proposal …………………………………………………. 24 16. Contract Terms and Conditions …………………………………… 24 17. Offeror’s Terms and Conditions …………………………………... 24 18. Contract Negotiations …………………………………………….. 24 19. Offeror Qualifications ……………………………………………. 24 20. Right to Waive Minor Irregularities …………………………….... 25 21. Change in Contractor Representatives ……………………………. 25 22. Agency Rights …………………………………………………….. 25 23. Right to Publish …………………………………………………… 25 24. Ownership of Proposals …………………………………………… 26 25. Electronic Mail Address Required ………………………………… 26 26. Use of Electronic Versions of this RFP …………………………… 26 27. Certifications and Licenses ………………………………………... 26 III. RESPONSE FORMAT AND ORGANIZATION ………………………………... 26 A. NUMBER OF RESPONSES/COPIES …………………………………… 26 B VOLUME I: TECHNICAL PROPOSAL FORMAT ……………………. 27 1. Proposal Organization …………………………………………….. 27 2. Submittal Letter …………………………………………………… 27 3. Proposal Narrative ………………………………………………… 28 4. Samples of Work Products ………………………………………... 28 5. Insurance ………………………………………………………….. 28 6. Campaign Contribution Disclosure Form ………………………… 28 7. New Mexico Employees Health Coverage Form …………………. 28 C. VOLUME II: FEE PROPOSAL FORMAT ……………………………… 29 IV. EVALUATION …………………………………………………………………… 29 A. EVALUATION CRITERIA ……………………………………………… 29 1. Shortlisting ……………………………………………………….. 29 B. EVALUATION FACTORS ……………………………………………… 30 1. Specialized Design and Technical Competence ………………….. 30 2. Past Record of Performance ……………………………………… 31 3. Evidence of Understanding of the Scope of Work ………………. 31 4. Management Plan ………………………………………………… 32

5. Capacity and Capability ………………………………………….. 32 6. Proximity, Familiarity with and Experience with

the Santa Fe Region …………………………………………….. 32 7. New Mexico Produced Work ……………………………………. 33 8. Fee Proposal ……………………………………………………... 33

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APPENDIX A: Acknowledgement of Receipt Form APPENDIX B: Contract Terms and Conditions (to be provided by addendum at Pre-Proposal Conference) APPENDIX C: Lump Sum Fee Proposal Form APPENDIX D: Campaign Contribution Disclosure Form APPENDIX E: New Mexico Employees Health Coverage Form

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I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS The New Mexico Department of Transportation (“NMDOT”) will examine opportunities for public/private and public/public partnerships and other alternatives that may be used to develop certain NMDOT-owned properties. NMDOT believes that many NMDOT-owned properties statewide could have greater value as a Mixed-Use or Transit-Oriented Development than the value the properties have as undeveloped land or the site of governmental facilities. NMDOT will determine whether these properties currently have greater value as Mixed-Use or Transit-Oriented developments and if such greater value can be used to generate a long-term revenue stream to augment the State Road Fund and provide new facilities necessary for NMDOT operations. For purposes of this Request for Proposals, two specific NMDOT-owned properties will be evaluated. They are located within Santa Fe County, New Mexico. NMDOT will perform this evaluation and prepare a plan of action with the help of consultants responding to this RFP. NMDOT, therefore, seeks proposals from individuals, firms, or teams of consultants (“Offeror(s)”) with demonstrated experience in public/private or public/public partnerships to assist NMDOT in the planning and possible implementation of Mixed-Use and Transit-Oriented Developments on NMDOT-owned properties. The successful Offeror will provide NMDOT with thoroughly researched options on the best way to accomplish NMDOT’s above-stated objectives, processes to implement these objectives, and, should the proposed developments be determined to be feasible, consultant management services throughout the construction of the developments at each respective property. B. BACKGROUND NMDOT is collaborating with the New Mexico Department of Finance and Administration (“DFA”) and the New Mexico General Services Department (“GSD”) to accomplish the above-stated objectives. On September 24, 2008, NMDOT, DFA and GSD entered into a Memorandum of Understanding (the “MOU”) to facilitate cooperation between these agencies to collaborate on the examination and implementation of the proposed developments and utilize the respective expertise of each agency in that process. Pursuant to the MOU, NMDOT, DFA and GSD have established the Executive Project Oversight Committee (the “Oversight Committee”) consisting of the Cabinet Secretaries of NMDOT, DFA and GSD. Additionally, the New Mexico State Transportation Commission (the “STC”) reviews and approves transactions affecting properties under the ownership of the STC. Deliverables resulting from this RFP will be submitted to the STC for review and approval. The Oversight Committee will participate in all major project events relating to the proposed developments and make recommendations to the STC for transactions requiring the STC’s approval. NMDOT, DFA, GSD, and STC will hereinafter be collectively referred to as the “State.”

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NMDOT’s plans to develop its General Office and District 5 properties have been approved by the New Mexico Legislature, 2006 New Mexico Laws Ch. 34 (H.B. 639) (the “Act”) as follows:

General Office Site: The Act authorizes the continued development by NMDOT of NMDOT-owned real estate located at its General Office headquarters at 1120 Cerrillos Road, Santa Fe, New Mexico (the General Office Site) and imposes conditions as follows:

Project Description: The project contemplates leasing a portion of the General Office Site to a developer, which developer would then finance, design, develop and construct a Transit-Oriented Development on the leased real property owned by NMDOT. In lieu of lease payments during the initial term of the lease, the developer will, at no cost to NMDOT, finance, design, develop and construct new office headquarters, including parking and related facilities and a multi-modal facility to accommodate train, bus and other forms of transportation, for NMDOT.

Intergovernmental Relations: The Transit-Oriented Development portion of the project is required to be generally compatible with the City of Santa Fe’s (the “City’s”) zoning and land use policies, including affordable housing and architectural standards. To this end, the developer is required to submit its plans to the City for comment. Neither NMDOT nor the developer, however, is required, by law, to obtain the City’s approval or submit to the City’s development and construction review process. Additionally, to the extent the Transit-Oriented Development obtains water or other services from the City, the terms and conditions for such services will be determined pursuant to negotiated agreement between the City and NMDOT, provided that such terms and conditions will not be more stringent than City laws in place on the effective date of the Act. The Act does not delegate any authority to the City to enforce any of its laws on NMDOT or the developer.

Fiscal Implications: NMDOT facilities constructed by the developer will cost no more than $90,000,000. In lieu of lease payments by the developer to NMDOT, the cost of NMDOT-owned facilities and related financing costs to NMDOT will be paid for by the developer during the initial term of the lease. Lease payments received by NMDOT from the developer during renewal or extension of the initial term of the lease shall be deposited into the State Road Fund.

Legislative Oversight: NMDOT is required to report the Selection of the developer to the Legislative Finance Committee and must provide monthly status reports to the Committee until the project is complete.

District 5 Site: The Act also authorizes the continued development by NMDOT of NMDOT-owned real estate located at its District 5 location, 7315 Cerrillos Road, Santa Fe, New Mexico (the “District 5 Site”) and imposes conditions as follows:

Project Description: The project contemplates choosing a developer to finance, design, develop and construct a commercial or Mixed-Use Development at the existing District 5 Site. In lieu of lease payments by the developer for the lease of

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NMDOT land, the developer would fund, at no cost to NMDOT, the design, development and construction of a new District 5 site by the developer, for NMDOT, on real estate to be obtained by the developer within 10 miles of the City of Santa Fe.

Intergovernmental Relations: The entire project is required to be generally compatible with the County of Santa Fe’s (the “County’s”) zoning and land use policies, if any. To this end, the developer is required to submit its plans to the County for comment. Neither NMDOT nor the developer, however, is required to obtain the County’s approval or submit to the County’s development and construction review process. Additionally, to the extent the development obtains water or other services from the County, the terms and conditions for such services will be determined pursuant to negotiated agreement between the County and NMDOT, provided that such terms and conditions will not be more stringent than County laws in place on the effective date of the Act. The Act does not delegate any authority to the County to enforce any of its laws on NMDOT or the developer.

Fiscal Implications: NMDOT will require a financing plan from the developer, which must state the replacement value and the fair market value of the existing District 5 Site, as developed for mixed-use, and explain that the consideration for the new District 5 site is the value of the use of the existing District 5 site to the developer, capitalized over time. The Act stipulates that the market value of the existing District 5 site must be less than, or equal to, the market value of the new District 5 site. If the use by the developer of the existing District 5 Site is governed by a lease, then, in lieu of lease payments by the developer to NMDOT, the cost of NMDOT facilities and related financing costs to NMDOT will be paid for by the developer during the initial term of the lease. Any such lease payments received by NMDOT from the developer during renewal or extension of the initial term of the lease shall be deposited into the State Road Fund.

Legislative Oversight: NMDOT is required to report the Selection of the developer and the project financing plan to the Legislative Finance Committee and must provide monthly status reports to the Committee until the project is complete.

C. SCOPE OF WORK The primary responsibility of the Contractor shall be to provide Professional Services, advisory and assistance services to NMDOT in the strategic development of NMDOT-owned properties described herein. In general terms, services shall include facilitating and determining feasible strategies for funding property development in order to utilize the greater value of these kinds of developments, to construct new NMDOT facilities and generate long-term revenue for the State Road Fund. Additionally, at its discretion, NMDOT, may authorize the Contractor to develop the documents and the processes that will serve as the basis for competitively selecting a developer(s) to implement the projects. This RFP is Phase I of a planned two-phase effort. Phase I consists of two parts: A and B. As described in more detail herein, in Phase I, Part A, the Contractor shall investigate the

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feasibility of developing NMDOT properties as Mixed-Use or Transit-Oriented Developments, and as public/private, public/public developments, funding the developments, exploring the marketability, interest, value and potential for the development, as well as assisting in completing needs assessment, and evaluating regional compatibility. Contingent upon the results of the feasibility study conducted in Phase I, Part A, NMDOT shall make a determination whether to proceed with Part B of Phase I. If NMDOT decides to proceed, the Contractor shall create the project definition documents and the RFP for the construction of the proposed development. The Contractor shall develop the requirements to competitively select a team for construction of the project, assist in the selection, develop the business plan, and establish performance measures for the long-term success of the project. This phase will include the execution of an agreed upon development plan, complete with viable long-term financing arrangements. Additional details are provided below. Phase II, consists of the actual construction of any development and IS NOT INCLUDED IN THIS SCOPE OF WORK. If NMDOT decides to go forward with Phase II, it will be the subject of a separate procurement process. NMDOT reserves the right not to proceed after Phase I, Part A of this effort and to terminate the Contract after the Phase I, Part A. Additionally, if NMDOT decides to proceed to Phase II, Part B, it reserves the right to conduct another procurement process to procure the services of another party to implement the selected alternatives in Phase I, Part B. The Offeror and team members selected to provide consulting services in Phase I will be disqualified from participation in all of Phase II which includes, but is not limited to planning, architectural/engineering design, construction management, project development, design-build or the potential lease purchase contract. The following NMDOT properties are included in the scope of services: The project properties include a 25.4 acre site (General Office Site) located at 1120 Cerrillos Road, Santa Fe, New Mexico and the District 5 site, comprised of approximately 42.9 acres, located at 7315 Cerrillos Road, Santa Fe, NM. Both locations have existing facilities and operations that may require demolition and/or relocation of operations. The General Office site is centrally located in Santa Fe and in close proximity to the Santa Fe Plaza. The site is also adjacent to the New Mexico Rail Runner station, currently under construction and due to be in operation by the end of 2008. NMDOT will provide the selected firm with the following information: • Property surveys; • Property topography; • Environmental report; and • Lead-Based Paint and Asbestos Inspection report. Basic Services The Contractor, at a minimum, shall be responsible for the following services:

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1. Phase I, Part A: Feasibility Study

a. Identify similar projects/developments that have proven successful in other areas and prepare a list of viable development scenarios that take into account both the simultaneous and separate development of each of the two NMDOT-owned properties. The alternatives shall provide preliminary business plans, financing options, cost-benefit, break-even analysis, and proposed evaluation criteria for each scenario. The list of scenarios shall make it possible for NMDOT to evaluate all options in the context of potential risks, regional considerations, existing market conditions, proposed financing options, and other relevant factors.

b. Prepare a report which summarizes the findings, conclusions and recommendations of the Phase I feasibility study. Based upon the foregoing research and report, the Contractor will assist NMDOT in the selection of an option and finalize an approach for the business plan, based on a go/no-go decision. The report will also include an evaluation and make recommendations regarding the suitability of public/private and public/public partnerships, and other viable alternatives for the execution of a Transit-Oriented Development or mixed-use project at the subject properties. Work will include, but is not limited to the following:

i. Provide NMDOT with a list of governmental entities, nationally and internationally, that have implemented or are implementing similar developments, including assessment of each pertinent business model; the rationale for a particular business model; costs associated with the developments’ deployment and operation, revenues associated with the developments and the relative success of implementation; and evaluation of relevant public/private or public/public partnership structures.

ii. Recommend a project “brand” that embodies the unique and innovative nature of this effort and that can be used for marketing and public relations efforts.

iii. Evaluate and describe development scenarios for this project, including for each scenario, but not limited to, the following work:

(a) Assess regional compatibility, including cultural values, the needs of the regional community, and regional market demand.

(b) Determine what mix of uses will create the best program, including, but not limited to:

(i) Evaluation of commercial, residential, Mixed-Use Development, Transit-Oriented Development and affordable housing options;

(ii) Include green building and sustainable planning, design and construction concepts;

(iii) Include energy conservation and alternative energy systems; and

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(iv) Complete a needs assessment that evaluates the adequacy of existing NMDOT facilities and identifies new requirements based on input from NMDOT and potential public and private development partners.

(c) Conduct economic and financial analysis including, but not limited to, estimated capital costs; estimated on-going operations, maintenance, and other costs; revenue sources; a project benefit/life cycle cost analysis; and determination of the most advantageous financing structure.

(d) Evaluate procurement options and recommend the most advantageous procurement methodology.

(e) Determine the best delivery method (e.g., design-bid-build; design-build; finance-design-build).

(f) Determine the preliminary design, program, budget and schedule.

(g) Perform a risk analysis and recommend allocation of risk as between potential private and public partners.

(h) Evaluate environmental considerations, including possible ramifications involving the City and County of Santa Fe and local community groups.

(i) Evaluate political climate considerations, including possible ramifications involving the City and County of Santa Fe and local community groups.

(j) Organizational and management structure: Identify the various governance models that may be suitable in a potential partnership approach with NMDOT.

(k) Ownership structure: Evaluate ground leases and other legal mechanisms to determine the legal construct that will enable developers to develop the two properties such that NMDOT continues to own in fee simple the subject real property and NMDOT facilities.

(l) Conduct a fatal flaw analysis to determine what circumstances, if any, could derail the project.

(m) Conduct an independent preliminary assessment of real property/ proposed project value by expert professionals.

(n) Analyze whether the development of the General Office and District 5 properties will increase the value of these properties and, if so, whether the increased value would be sufficient to provide NMDOT with new facilities at no cost to the State of New Mexico and generate long-term

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revenue for NMDOT and identify appropriate financing mechanisms. The analysis shall include a project appraisal by a registered real estate appraiser having expertise in this field.

(o) Analyze the tradeoffs of the potential business models and provide recommendations that include maximizing the probability of success, minimizing direct and indirect costs to NMDOT, minimizing time to deployment, and achieving the greatest possible community benefits.

(p) The work above shall be organized into a feasibility study that articulates NMDOT’s options and courses of action should it decide to proceed with this project. All materials developed in connection with the selected alternative will become the property of NMDOT.

2. Phase I, Part B: Preliminary Master Plan, Schematic Design and Request for Proposal

Documents.

a. In Phase I, Part B, the components of the feasibility study are complete and the focus shifts to implementing the project as a marketable entity. The Contractor team will prepare guidelines for the implementation, operation and marketing of the selected recommendation, including but not necessarily limited to the following:

i. Develop and define the final development selection(s), including but not

limited to:

(a) Prepare a conceptual site plan that will incorporate all required site elements such as access roads, parking etc.;

(b) Prepare conceptual architectural design including one plan view,

one elevation view, one building cross-section, and a three dimensional computer and/or artists rendering. Conceptual drawings are to be suitable for inclusion into the report and for public presentation;

(c) Prepare a preliminary architectural and engineering design brief

that describes architectural design standards, heights, densities, building setbacks, sustainable design requirements, alternative energy sources, and outline specifications which establish the design approach to the major building systems, including architectural, structural, mechanical, electrical, civil and landscape; and

(d) Prepare a capital cost estimate indicating suitable elemental break

down of costs.

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ii. Develop and test the business plan in order to determine the best way to complete the development(s), including but not limited to:

(a) Develop master plan phasing/schedule and budget;

(b) Assess regional compatibility and market demand;

(c) Include public and stakeholder feedback;

(d) Prepare an implementation plan showing all stages of pre-design

activities, design and construction. Establish target dates for each stage from the completion of this feasibility study through to final completion of construction and occupancy of the actual facility;

(e) Identify start up requirements and operating expenses in all areas

of development;

(f) Identify site and building demolition;

(g) Identify temporary and permanent relocation of NMDOT functions/operations;

(h) Finalize the finance plan; and

(i) Once compiled, within the business plan, provide an

implementation plan to address immediate, short and long-term needs based on a critical path for timing and scheduling of significant events.

iii. Identify and create procurement and contracting processes and

mechanisms in order to choose and contract with the best-value partner.

(a) Assist the State in the preparation of an RFP to solicit proposals for the design, financing and construction of the selected project development including but not limited to:

(b) Risk assessment/allocation: the sharing of appropriate technical,

operational, legal and financial risk by the private and public partners;

(c) Deal/structure and financing sources;

(d) Developer pre-qualification;

(e) Assist the State in the negotiation of proposals and preparation of

contracts;

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(f) Provide procurement and legal advice and other expert advice to

the State in the procurement and evaluation of proposals;

(g) Evaluate development proposals for the designated sites; and

(h) Assist the State in drafting contractual risks and rewards; commercial terms/contract principles; concept design/performance specs; and procurement documents.

iv. Transfer process knowledge and intellectual property to NMDOT.

NMDOT shall have the rights to all information, developed and/or obtained during the contractual period, to include, but not be limited to legal opinions, contractual formats, engineering, architectural drawings, sketches, calculations, concepts, ideas, etc.

v. Identify any legal and/or land acquisition negotiation issues.

vi. Recommend to NMDOT construction management/oversight approach to

oversee the implementation of the proposed development(s) so that the project is delivered, financed, designed, built, operated and maintained in the most advantageous manner.

vii. Identify operation mechanisms for NMDOT to ensure that the private or

public sector partner fulfills its obligations and everything runs according to agreed upon plans and work schedules, including but not limited to: (a) Evaluation of the startup of the development(s), monitoring project

schedule;

(b) Determine if desired results and performance requirements are being met;

(c) Monitoring of the development(s) to determine ongoing regional

compatibility and market needs;

(d) Ongoing assessment and potential re-negotiation of contractual and business relationships between participating partners;

(e) Contract maintenance; and

(f) Property Management.

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D. SCOPE OF PROCUREMENT

Proposed Project Schedule: Phase I, Part A - This scope of work shall be completed and performed in accordance with a mutually agreeable, aggressive schedule established during contract negotiations between NMDOT and the Successful Offeror. Phase I, Part B - Proceeding with this portion of the Contract will be determined following satisfactory completion of Phase I, Part A. An aggressive schedule will be implemented for completing this portion of the work.

E. PROCUREMENT MANAGER NMDOT has designated a Procurement Manager who is responsible for the conduct of this

procurement whose name, address and telephone number is listed below. All deliveries via express carrier should be addressed as follows:

Contracts Administration Section New Mexico Department of Transportation Attn: Marlene Sandoval P.O. Box 1149 Santa Fe, New Mexico 87504-1149 E-Mail: marlene.sandoval@state.nm.us (505) 827-5183 or Fax: (505) 827-5555

Questions/Clarifications - Between issuing the RFP and submission of proposals, prospective Offerors may contact the Procurement Manager with written questions about the scope of the project, the RFP schedule or other matters related to this RFP. After submission of proposals, Offerors shall not contact NMDOT, unless approved in written form, in advance, by NMDOT.

F. PROJECT COORDINATOR AND PROJECT MANAGER NMDOT has designated the Project Coordinator as follows: Lawrence F. Barreras, Chief of Property Asset Management Division

NMDOT has designated the Project Manager as follows: Gary Giron, Deputy Secretary of Office of Business Support G. DEFINITION OF TERMINOLOGY This section contains definitions and abbreviations that are used throughout this RFP.

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“Contract” or “Agreement” means a written agreement for the procurement of Professional Services.

“Contractor” means the Successful Offeror who enters into a binding Contract with

NMDOT to provide feasibility studies and consulting services as described in this RFP. “Determination” means the written documentation of a decision by the Procurement

Manager including findings of fact supporting a decision. A Determination becomes part of the procurement file.

“Desirable” - The terms "may", "can", "should", "preferably", or "prefers" identify a

desirable or discretionary item or factor (as opposed to "Mandatory”). “Evaluation Committee” means a body appointed by the Oversight Committee to perform

the evaluation of Offeror or proposals.

“Finalist” means as an Offeror or who meets all the Mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Mandatory” - The terms "must", "shall", "will", "is required", or "are required", identify

a mandatory item or factor (as opposed to “Desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror's proposal.

“Mixed-Use Development” means a single unified development that incorporates two or more different uses within walking distance of one another and may include office, hotel, retail, public entertainment, and public uses, and a variety of housing types.

“Offeror” means any person, corporation, partnership, or team who chooses to submit a

proposal. “Procurement Manager” means the person or designee authorized by NMDOT and/or the

Chief Procurement Officer to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

“Professional Services” means the services of all licensed or registered professionals providing services under the terms of this procurement.

“Request for Proposals” or “RFP” means all documents, including those attached or

incorporated by reference, used for soliciting proposals. “Responsible Offeror” means an Offeror that submits a Responsive Proposal and that has

furnished, when required, information and data to prove that its financial resources, produc-tion or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal.

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“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. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements.

“Selection” means a formal Determination by the chair of the Evaluation Committee that a firm has been selected to enter into a Contract for services.

“Successful Offeror” means an Offeror that has successfully negotiated and executed a contract with NMDOT to perform the work that is the subject of this RFP. “Technical Irregularities” - Are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Offerors; that is, when there is no effect on price, quality or quantity. If discussions are not held or if best and final offers upon which award will be made have been received, the Evaluation Committee may waive such irregularities or allow an Offeror or to correct them if is in the best interest of NMDOT. Examples include the failure of an Offeror to: a) Submit the number of signed proposals required by the RFP;

b) Sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the Offeror’s intent to be bound; or c) Acknowledge receipt of an amendment to the RFP, but only if it is clear from the proposal that the Offeror received the amendment and intended to be

bound by its terms; if the amendment involved had no effect on price, quality or quantity.

“Top-Rated Offeror” means the Offeror whose proposal receives the highest scoring by the Evaluation Committee.

“Transit-Oriented Development” means a compact, Mixed-Use Development near new

or existing public transportation infrastructure that serves housing, business, transportation and neighborhood goals. Its pedestrian-oriented design encourages residents and workers to drive their cars less and ride mass transit more.

H. PROCUREMENT LIBRARY The Procurement Manager has established a Procurement Library. The documents listed in

the Procurement Library are incorporated into this RFP by reference. Offerors are encouraged to review the material contained in the Procurement Library by accessing the documents from the web sites indicated. The library contains information listed below:

GSD Procurement Code Regulations 1.4.1 NMAC.

http://www.nmcpr.state.nm.us/nmac/parts/title01/01.004.0001.htm

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Partnership Registration Requirements: http://www.sos.state.nm.us/sos-partnerships.html

Corporation and Limited Liability Company Registration Requirements: http://www.nmprc.state.nm.us/ New Mexico Taxation Business Registration Requirements: https://tap.state.nm.us/NM_xwTapCrs.aspx 2006 New Mexico Laws, Ch. 34 (H.B. 639)

II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement.

A. SEQUENCE OF EVENTS. The Procurement Manager will make every effort to adhere

the following schedule:

Event Responsible Party Date Location 1. Issue RFP

NMDOT December 16, 2008 NMDOT, Santa Fe, NM

2.

Pre-proposal Conference NMDOT General Office and District 5 Facilities Tours

NMDOT January 21, 2009 9:00 a.m. Tours start 11:00 a.m.

Harold Runnels Auditorium, Santa Fe, NM

3.

Distribution List Response Due

Potential Offeror January 26, 2009 2:00 p.m.

NMDOT, Procurement Office, Santa Fe, NM

4.

Deadline to Submit Questions/Clarifications

Potential Offeror February 20, 2009 2:00 p.m.

NMDOT, Procurement Office, Santa Fe, NM

5.

NMDOT Response to Questions/Clarifications & RFP Amendments

NMDOT to Potential Offeror

February 27, 2009

NMDOT, Santa Fe, NM

6. Submission of Proposal Potential Offeror to NMDOT

March 23, 2009 (2:00 p.m. deadline)

NMDOT, Procurement Office

7.

Proposal Shortlisting and Notices to Finalists

Evaluation Committee April 9, 2009

NMDOT, Santa Fe, NM

8. Pre-Interview Teleconference

NMDOT & Short listed firms

April 27, 2009 NMDOT, Santa Fe, NM

9. Interviews Evaluation Committee & Shortlisted firms

May 12, 2009 NMDOT, Santa Fe, NM

10. Best and Final Offers Offeror to NMDOT May 26, 2009 NMDOT, Procurement Office, Santa Fe, NM

11. Notice of Intent to Begin Contract Negotiations with Top-Rated Offeror

NMDOT & Offerors June 9, 2009 NMDOT, Santa Fe, NM

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12.

Contract Negotiations NMDOT & Top-Rated Offeror

June 15, 2009 - July 17, 2009

NMDOT, Santa Fe, NM

13. Contract Executed Notice to Proceed

NMDOT & Contractor

July 28, 2009 NMDOT, Santa Fe, NM

14. Protest Deadline Responsible Party August 12, 2009 NMDOT, Santa Fe, NM

B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in

Section II, Paragraph A.

1. Issue of RFP NMDOT is issuing this RFP.

2. Pre-Proposal Conference A pre-proposal conference will be held on January 21, 2009 at 9:00 a.m.

Mountain Standard Time (MST) at the Harold Runnels Auditorium, 1190 St. Francis Drive (corner of St. Francis Drive and Alta Vista), Santa Fe, New Mexico.

A tour of the General Office and District 5 sites will be provided at 11:00 a.m.

directly following the pre-proposal conference. Offerors are encouraged to submit written questions in advance of the conference to

the Procurement Manager (See Section I, Paragraph E). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. Additionally, the terms and conditions will be provided as an addendum to the RFP at the conference. A public log will be kept of the names of potential Offerors that attended the pre-proposal conference. Attending the pre-proposal conference is not a prerequisite for submission of a proposal.

3. Distribution List Response Due

Offerors should hand deliver or return by facsimile or by registered or certified mail

the "Acknowledgement of Receipt Form" that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the Procurement Manager (See Section I, Paragraph E) by 2:00 P.M. MST on January 26, 2009.

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The procurement distribution list will be used for the distribution of written responses to questions and any RFP amendments.

Failure to return this form shall constitute a presumption of receipt and rejection of

the RFP, and the potential Offeror's organization name shall not appear on the distribution list.

4. Deadline to Submit Additional Written Questions/Clarifications

Offerors may submit additional written questions as to the intent or clarity of this

RFP to the Procurement Manager (See Section I, Paragraph E) by 2:00 P.M. MST on February 20, 2009.

5. Response to Written Questions/Clarifications and RFP Amendments

Written responses to written questions and any RFP amendments will be distributed

on February 27, 2009 to all potential Offerors whose organization name appears on the procurement distribution list. An Acknowledgement of Receipt Form will accompany the distribution package. The form should be signed by the Offeror's representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process. Therefore, the Offeror's organization name shall be deleted from the procurement distribution list.

The Procurement Manager shall receive additional written requests for clarification

of distributed answers and/or amendments no later than three (3) days after the answers and/or amendments were issued.

6. Submission of Proposal

Offerors shall submit multi-part, two-volume written proposals. Each volume shall

be submitted in a separate sealed envelop or package. Clearly label each volume with the RFP number, your name, address and date of submittal and prominently identify each as: Volume I: Technical Proposal and Volume II: Fee Proposal, addressed to:

Contracts Administration Section RFP Number 09-13 New Mexico Department of Transportation 1120 Cerrillos Road P.O. Box 1149 (Room 103) Santa Fe, New Mexico 87504-1149 ATTENTION: Ms. Marlene Sandoval

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a. Receipt of Proposals: The Procurement Manager will time-stamp proposals at the Contracts Administration Section receptionist desk and hold in a secure location. A public log will be kept of the names and submittal times of all proposals. Proposals received after the deadline will be deemed non-responsive, and will be returned unopened to the Offeror.

b. Restrictions on Opening of Proposals: Fee proposals shall remain

sealed until the technical proposal evaluation for all Offerors has been completed and final technical scores prepared.

c. Confidentiality of Proposals: Proposals will not be opened publicly

and shall not be open to public inspection until after an Offeror has been selected for award of the Contract. An Offeror may request in writing non-disclosure of confidential data. Such data shall accompany the proposal and shall be readily separable from the proposal in order to facilitate eventual public inspections of the non-confidential portion of the proposal.

d. Non-Conforming Proposals: Proposals will be reviewed for

completeness, format and compliance with the requirements of the RFP. If any proposal is deemed non-responsive by the Evaluation Committee, the Offeror will be notified in writing of such Determination.

7. Proposal/Shortlisting

The Evaluation Committee will review each proposal. Points will be allocated per Section IV of this RFP by each Committee member. Each member’s point totals will be translated to a numeric ranking. The entire Committee members’ rankings will determine the overall ranking of the firms. The Evaluation Committee will hold interviews with the highest-ranked Offerors. If fewer than three proposals are received the Evaluation Committee may recommend award to the STC or may reissue the RFP. The Committee shall determine the rankings without the possibility of a tie. NMDOT will provide notice to the Finalists.

8. Pre-Interview Teleconference

When selected for an interview the Procurement Manager will notify firms with a date and time for a pre-interview teleconference meeting. The pre-interview teleconference will be conducted by NMDOT to answer any questions regarding the interview process. 9. Interviews Notice to Finalists will include the interview date, time, and location. The purpose of the interview is to allow the Offeror to present its qualifications, past performance, management plan, schedule and general approach to the project. It will also provide an opportunity for the Evaluation Committee to seek clarification of the Offeror’s proposal.

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Ninety (90) minutes will be allotted for the interview to include a forty five (45) minute question and answer session by the Evaluation Committee. Points will be allocated, by each member. Each member’s point totals will be translated into a numeric ranking of the interviewed firms. Individual member rankings will be totaled together to determine the overall ranking from the interview. All calculations of point standings shall occur during the Evaluation Committee meeting for this project with all members in attendance. 10. Best and Final Offers from Finalists Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers.

11. Notice of Intent to Begin Contract Negotiations with Top-Rated Offeror The Procurement Manager will notify the Top-Rated Offeror and other Offerors in writing of NMDOT’s Intent to Begin Contract Negotiations with the Top-Rated Offeror.

12. Contract Negotiations NMDOT and the Top-Rated Offeror will begin Contract negotiations as soon as possible after the Notice of Intent to Begin Contract Negotiations with Top-Rated Offeror is issued. If Contract negotiations are not finalized within the scheduled contract negotiation period after the Notice of Intent to Begin Contract Negotiations with Top-Rated Offeror is issued, NMDOT may conclude negotiations with the selected Offeror and begin negotiations with the next ranked Offeror based on final ranking. Proposals are open for public inspection after the award and conclusion of successful Contract negotiations.

13. Contract Executed/Notice to Proceed After successful contract negotiations, culminating in contract execution, the Procurement Manager will notify the Offerors in writing by issuing a Notice to Proceed. This notice will include the overall rankings for the project award. At this time, NMDOT will maintain at least one copy of each Offeror’s proposal. Any unsuccessful Offerors wishing to retrieve all copies, with the exception of one copy retained by NMDOT, of their proposals must do so within thirty (30) days of the Notice to Proceed. 14. Protest Deadline Right to Protest - In accordance with Section 13-1-172 NMSA 1978, any Offeror who is aggrieved in connection with a solicitation or the award of a Contract may protest to the Procurement Services Bureau Chief, which is the NMDOT’s state purchasing agent for purposes of this RFP. The protest must be submitted in writing within

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fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest. It shall also contain a statement of grounds for protest including appropriate supporting exhibits, and it shall specify the ruling requested from NMDOT. The protest shall be delivered to NMDOT at:

Name: Procurement Services Bureau Attention: Henrietta Leos, Chief Agency Name: New Mexico Department of Transportation

Address: 1120 Cerrillos Road, Room 103 Santa Fe, N.M. 87505-1842

ATTN: RFP # 09-13 RFP Title: Feasibility Studies and Consulting Services for

Development of Property and Facilities Owned by the New Mexico Department of Transportation.

Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with NMDOT procurement policies and procedures and the following listed provisions set forth in GSD Procurement Code Regulations 1.4.1 NMAC: 1.4.1.30 General Discussion through 1.4.1.43 Award: Professional Services, 1.4.1.45 Public Inspection, plus 1.4.1.78 Inquiry by Procurement Officer, 1.4.1.79 Determination Required and Protests; Sections 1.4.1.80-1.4.1.93

1. Acceptance of Conditions Governing the Procurement Offerors shall indicate their acceptance of the Conditions Governing the

Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section IV of this RFP.

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. Contractor Responsibility Any Contract that may result from this RFP shall specify that the Contractor is

solely responsible for fulfillment of the contract with NMDOT. NMDOT will make contract payments to only the Contractor.

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4. Independent Consultants, Subcontractors and Other Key Team Members Use of independent subcontractors, consultants and other key team members shall

be clearly explained in the proposal, and shall be identified by name. Since the award is made on a qualifications-based evaluation process, replacement of independent consultants, subcontractors and other key team members may cause the Offeror to be disqualified. The Contractor must perform all work that may result from this RFP, and payments will be made only to the Contractor.

5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of

proposals. Such amended proposals shall be complete replacements for a previously submitted proposal and shall be clearly identified as such in the transmit-tal letter. NMDOT personnel will not merge, collate, or assemble proposal materials.

6. 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 shall submit a written withdrawal request signed by the Offeror’s duly authorized representative addressed to the Procurement Manager.

The approval or denial of withdrawal requests received after the deadline for receipt

of the proposals is governed by the applicable procurement regulations. 7. Proposal Offer Firm Responses to this RFP, including proposal prices, will be considered firm for one

hundred and twenty days (120) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is submitted.

8. Disclosure of Proposal Contents The proposals will be kept confidential until a Contract is awarded. At that time, all

proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential and is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted "proprietary" or "confidential", subject to the following requirements:

a. Proprietary or confidential data shall be readily separable from the

proposal in order to facilitate eventual public inspection of the non-confi-dential portion of the proposal. Confidential data are normally restricted to confidential financial information concerning the Offeror’s organization

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and data that qualify as a trade secret in accordance with the Uniform Trade Secrets Act [§57-3A-1 to 57-3A-7 NMSA 1978; and

b. If a request is received for disclosure of data for which an Offeror has made

a written request for confidentiality, NMDOT shall examine the Offeror's request and make a written Determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation This procurement in no manner obligates NMDOT or any of its agencies to use any

proposed Professional Services until a valid written Contract is awarded and approved by the appropriate authorities.

10. Termination

This RFP may be canceled at any time, and all proposals may be rejected in whole or in part, when NMDOT determines such action to be in the best interest of NMDOT.

11. Notice

The New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

12. Sufficient Appropriation

Any Contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. NMDOT's decision as to whether sufficient appropriations and authorizations are available will be accepted by the Contractor as final.

13. Legal Review NMDOT requires that all Offerors agree to be bound by the General Requirements

contained in this RFP. Any Offeror concerns shall be promptly brought to the atten-tion of the Procurement Manager.

14. Consent to Jurisdiction and Venue

If a recipient of this RFP chooses to offer a proposal, by submitting such proposal to NMDOT, the Offeror understands and agrees that they thereby consent to and

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agree to the exclusive jurisdiction of the Courts of the State of New Mexico for the resolution of any disputes arising under or resulting from the Contract Selection and/or approval process in response to this RFP, or any dispute arising under or resulting from the performance of any Contract resulting from this RFP, which cannot be resolved informally. The Offeror, by submitting such proposal, waives any objection to the personal jurisdiction of the Courts of the State of New Mexico over the Offeror. By submitting such proposal, the Offeror agrees and consents that the Santa Fe County District Court shall have venue and jurisdiction over all matters arising or derived from this RFP.

15. Basis for Proposal Only information supplied by NMDOT in writing through the Procurement

Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.

16. Contract Terms and Conditions The contract between NMDOT and a Contractor will follow the format specified by

NMDOT and contain the terms and conditions provided by addendum at the pre-proposal conference. However, NMDOT reserves the right to negotiate with a 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 contract.

Should an Offeror object to any of NMDOT's terms and conditions, as contained in

this Section or in the addendum provided at the pre-proposal conference, that Offeror shall propose specific alternative language to the referenced provisions. NMDOT may or may not accept the alternative language. General references to the Offeror's terms and conditions or attempts at complete substitutions are not acceptable to NMDOT and will result in disqualification of the Offeror's proposal.

17. Offeror's Terms and Conditions Offerors shall submit with the proposal a complete set of any additional terms and

conditions which they intend to have included in a Contract with NMDOT. NMDOT is under no obligation to accept any additional terms and conditions.

18. Contract Negotiations Any additional terms and conditions, which may be the subject of negotiation, will

be discussed only between NMDOT and the selected Offeror and shall not be deemed an opportunity to amend the Offeror's proposal.

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19. Offeror Qualifications

Architectural, structural, mechanical, electrical, civil and other engineering services, in addition to real estate appraisal services, and all other appropriate professional services, shall be performed in accordance with all applicable New Mexico licensing requirements. Proof of Offeror’s licensing certifications must be attached to the proposal.

The Evaluation Committee may make such investigations as necessary to determine

the ability of the Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any Offeror who is not a Responsible Offeror or fails to submit a Responsive Offer as defined in this RFP.

20. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The

Procurement Manager also reserves the right to waive Mandatory requirements pro-vided that all of the otherwise Responsive Proposals failed to meet the Mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Procurement Manager.

21. Change in Contractor Representatives NMDOT reserves the right to require a change in Contractor representatives if the

assigned representatives are not, in the opinion of NMDOT, meeting its needs adequately.

22. Agency Rights

NMDOT reserves the right to: a. Accept all or a portion of an Offeror's proposal;

b. Modify this RFP at any time prior to award; c. Issue additional RFP’s; or d. Cancel the RFP. 23. Right to Publish

Throughout the duration of this procurement process and the Contract term, potential Offerors, and Contractors shall secure from NMDOT written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent Contract. Failure to adhere to this requirement may result in disqualification of the Offeror's proposal or termination of the Contract.

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24. Ownership of Proposals All documents submitted in response to the RFP may be retrieved by the Offerors,

at their expense, after the expiration of the protest period with the following exception: One complete copy of the selected Offeror's proposal, including the best and final offer, if one was submitted, shall be placed into the procurement file. Those documents will become the property of NMDOT and all others shall be destroyed.

25. Electronic Mail Address Required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror shall have a valid e-mail address to receive this correspondence.

26. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. If accepted by such means, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the Procurement Manager, the version maintained by the Procurement Manager shall govern.

27. Certifications and Licenses

Offerors shall possess all proper certifications and required licenses to do business in New Mexico when the proposal is submitted, including registration with the New Mexico Taxation and Revenue Department for the assignment of a gross receipts tax identification number. Offering limited liability companies and corporations shall be in good standing with the New Mexico Public Regulation Commission. Failure to possess such certifications and/or licenses shall constitute grounds for disqualification of the Offeror’s proposal or termination of a Contract, if one has been awarded. The Procurement Manager may request, and the Offeror shall immediately supply, copies of such certifications and/or licenses.

III. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES/COPIES

The proposal shall be submitted in two parts: Volume I: Technical Proposal and Volume II: Fee Proposal. Only one proposal may be submitted by each Offeror for this project. Offerors shall provide five (5) identical copies of their Technical Proposal, and one (1) copy of their Fee Proposal at the location specified in Section II, Paragraph 6.

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B. VOLUME I: TECHNICAL PROPOSAL FORMAT Format will be 8-1/2" x 11" with foldout sheets allowed up to 11" x 17" in size. All foldout sheets will be counted as two pages and shall be labeled as such. Text will be no smaller than 10 point. If there is any question as to format requirements contact the Procurement Manager in writing for clarification, prior to submittal of the proposal. 1. Proposal Organization – All pages shall be numbered. All foldout pages shall be counted as

two (2) pages and shall be numbered as such. Proposals shall be organized and tabbed as follows:

Part A. Offeror’s Qualifications

1. Submittal Letter 2. Table of Contents 3. Proposal Narrative 4. Resumes and References

Part B. Mandatory Submittals

1. Certificate(s) of Insurance 2. Campaign Contribution Disclosure Form

3. New Mexico Employees Health Coverage Form Part C. Samples of Work Products

2. Submittal Letter – (Two pages maximum) Each proposal must be accompanied by a submittal letter. The submittal letter shall contain an acknowledgement and certification section with the following provisions:

• Be signed by a director, officer, manager, or other representative with the authority to

legally bind the submitting firm and who has sufficient knowledge to fully address all matters and respond to all inquiries included in the RFP documents;

• Provide telephone numbers, fax and e-mail address of the director, officer or manager to

be contacted for clarification questions regarding the RFP;

• Submitting firm shall represent that the information provided in the RFP documents is truthful, accurate and complete, and that the firm and individual responsible for the submission shall be fully responsible for and bound by all information, data, certifications, disclosures and attachments included in the RFP documents;

• Explicitly indicate the information and data provided in connection with the RFP

documents, as well as any other relevant information obtained from any other sources regarding the firm, may be reviewed to determine whether it qualifies as a responsible contractor pursuant to 1.4.1.47 NMAC and whether its offer represents the best value to NMDOT;

• Explicitly indicate understanding that the firm’s failure to meet responsibility standards or

provide requested information may render it ineligible to perform work on the prospective procurement contract;

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• Explicitly acknowledge the firm’s obligation to carefully review and complete, and, when applicable, update the RFP documents;

• Acknowledge that omission of any material fact concerning requested or submitted

information, or the submission of any material false or misleading statement, or misrepresentation of a material fact concerning any requested or submitted information, may lead to the disqualification of the proposal;

• Explicitly agree that if awarded the contract, the RFP documents, and all terms and

conditions specified therein, and all information, data, certifications and disclosures included in the RFP documents, shall be incorporated into the Contract.

• Explicitly indicate understanding that if it is determined that it has intentionally or

recklessly failed to disclose requested information, or has intentionally or recklessly made a false statement, misrepresentation or omission regarding a material fact relating to the RFP documents, the firm may be declared in default of Contract and any such conduct shall be grounds to terminate the Contract and/or withhold full or partial payment and/or impose any sanctions or penalties, as deemed appropriate and available under New Mexico law;

• Identify the name and title of the person(s) authorized to contractually obligate the Offeror

for the purpose of this RFP and the Contract; • Identify all sections of the proposal that the Offeror claims contain “proprietary” or

“confidential” information; and

• Acknowledge receipt of any and all amendments to this RFP.

3. Proposal Narrative – shall be limited to twenty-five (25) pages and organized and tabbed in the same order as the evaluation criteria. Text shall be no smaller than 10 point font.

4. Samples of Work Products – Samples from past projects of typical written and graphic

materials prepared for the type of work being proposed under this RFP. List the team member who actually wrote the document and the projects on which they were used.

5. Insurance – A minimum of $1,000,000 per occurrence and in the aggregate of professional

and general liability is required. With the proposal submit a Certificate of Insurance showing current coverage equal to or greater than what is required in this RFP.

6. Campaign Contribution Disclosure Form – (Appendix D) A blank form is included at the end

of this RFP. 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. This form must be filed by any prospective contractor whether or not they, their family members, or their representatives have made any contributions subject to disclosure.

7. New Mexico Employees Health Coverage Form – (Appendix E) A blank form is included at

the end of this RFP. Offerors must agree with the terms and submit a signed form with their proposal.

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C. VOLUME II: FEE PROPOSAL FORMAT 1. Before submitting a proposal, each Offeror shall carefully examine the RFP. 2. Submit discrete fee proposals for the Feasibility Study and for the Preliminary Master Plan,

Schematic Design and Request for Proposal Documents. 3. The proposal, bearing original signatures, must be typed or hand-written in ink on the Lump

Sum Fee Proposal Form (Appendix C) and submitted in a sealed envelope at the time and location specified in this RFP. Late proposals will be disqualified and returned to the Offeror unopened. One copy of the Fee Proposal is required.

IV. EVALUATION A. EVALUATION CRITERIA 1. Shortlisting - A maximum total of 100 points are possible in scoring each proposal for the

shortlist evaluation. The Evaluation Committee will evaluate the proposals and may conduct interviews with Offerors applying for Selection.

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

the corresponding point values for each criteria are as follows:

a.

Specialized design and technical competence of the business, including a joint venture or association or team, regarding the type of service required.

20 points

b.

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, as well as efficient and timely report preparation. Offeror must demonstrate good communication skills with an emphasis on clear and simple presentation of ideas, and an ability to work with people. Work samples demonstrate and support the required level of experience and expertise for the work being proposed.

15 points

c.

Evidence of understanding of scope of work.

15 points

d.

Management plan, management and administration of the team and team resources.

15 points

e.

Capacity and capability of the business, including any consultants, their representatives, qualifications and locations, to perform the work, including any specialized services, within the required time limitations.

15 points

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f.

Proximity, familiarity with, and experience with the Santa Fe region/community where the Project is located.

5 points

g.

The amount of work that will be produced in New Mexico.

5 points

h.

Fee Proposal.

10 points

TOTAL 100 points

B. EVALUATION FACTORS A brief explanation of each evaluation category is listed below. Information in one category may overlap information in other categories. Offerors are encouraged to fully address each category completely, as points are assigned for responses to each. Responses to the RFP shall include information and past project experiences specific to the team submitting the proposal. 1. Specialized Design and Technical Competence

• Vision/mission and business philosophy.

• Indicate key personnel to be assigned to this project, their specific roles, experience, and background. Provide resumes (not included in page count) and two external client references with contact information.

• Briefly describe relevant experience of the Offeror’s team in the following areas and list

each team member’s involvement:

(a) Prior work performed that is similar to work proposed in this RFP;

(b) Ability to successfully conduct feasibility study tasks (e.g. needs assessment, economic development, financial pro formas, and budget scoring analysis);

(c) Public/private or public/public partnership development;

(d) Mixed-Use and Transit-Oriented Development;

(e) Request for Proposal development for design-build or lease-purchase

projects;

(f) Master Planning;

(g) Sustainable Design; and

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(h) Source selection process.

2. Past Record of Performance

• Provide samples from past projects of typical written and graphic materials prepared for the type of work being proposed under this RFP. List the team member who actually wrote the document and the projects on which they were used.

(a) Sample of completed project definition document or bridging document to

include owner’s project budget, final construction cost estimate, bid price including accepted alternates.

(b) Sample of public/private, public/public, or Transit-Oriented Mixed-Use

Development projects.

Work samples are not considered part of the 25 page limit on proposal length. Do not submit more than two (2) work samples. Each work sample should include items “a” and “b” listed above. If any item is not included or accounted for, then the sample will be deemed incomplete and the proposal will be rejected.

• Provide information on last three (3) completed development projects to include

acreage, building sizes and types, specific services Offeror or Offeror’s team members provided, owner’s project budget, project costs at completion, and current client references (including names, addresses, email addresses, fax and phone numbers).

• Provide information on these projects showing owner’s schedule compared to actual

project schedule, including length of time to complete major tasks and the entire study/project.

• Explain any project difficulties and how the Offeror handled these issues.

• The Evaluation Committee may consider as relevant, letters from owners attesting to the

Offeror’s history of forecasting and controlling costs, adhering to schedules (including the administrative aspects of performance), reasonable and cooperative behavior and commitment to customer satisfaction, and generally, the Offeror’s business-like concern for the interest of the customer. (Not included in page count)

3. Evidence of Understanding of the Scope of Work

• Understanding of key project elements/goals.

• Challenges that might be expected based on type of project, including financing issues, market conditions, historic preservation, environmental conditions, project MACC, location, site, or other factors.

• Possible creative project management approaches.

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4. Management Plan

• Describe proposed approach to managing the project expertly and efficiently, including distribution of tasks, travel, and duration of which staff will be on site during what periods of time, etc.

• Provide a proposed schedule for the effort, including, at a minimum, the following

information:

a. Indicate critical dates and other information in sufficient detail for the Evaluation Committee to determine if the time frames are reasonable; and

b. Describe ability of the firm to deliver the project within the time identified.

• Describe processes to minimize risk and to ensure that cost, schedule and quality issues

are clearly communicated with the Offeror’s team and NMDOT.

• Describe how work will be organized, managed, and administered to meet specified requirements.

• Describe approach for obtaining and retaining sufficient expertise in the following areas:

a. Legal and financial for real estate transactions; b. Conducting feasibility analyses, developing concept packages, RFP

development, and source selection process; c. Developing financial pro formas and budget scoring analyses; and d. Conducting economic analyses.

• Describe how the Offeror anticipates transferring knowledge of the processes to

NMDOT staff during (and after) the term of the Contract. 5. Capacity and Capability

• Provide information regarding Offeror’s team’s past capability to meet schedules, meet budgets, and meet project administration requirements.

• Indicate relationship of the Offeror’s/project team’s current work load to the projected

workload of this project.

• Identify staff who will play a major role in generating the feasibility study.

• Indicate ability to complete the Study on or before due date. 6. Proximity, Familiarity with, and Experience with the Santa Fe Region

• Provide information relative to the project’s location and how members of the Offeror’s team can respond to issues at the site and with the community and region at large.

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• Provide references specific to projects in the Santa Fe region and other similar

regions/communities.

7. New Mexico Produced Work

• The State’s goal is to support New Mexico owned businesses. Indicate the volume of work to be produced by New Mexico firms, using New Mexico based employees on this project. Indicate the number of New Mexico based employees that will be part of the Offeror’s team.

8. Fee Proposal

• The fee proposal is responsive to the RFP requirements and instructions, and is realistic in respect to project plans and specifications:

Total Fee of lowest Offeror x Maximum Fee Proposal Score Fee of this Offeror

• Identify both an estimated total fee.

• List an hourly rate for each team member who would perform the work specified in

the proposal. Identify personnel by name and the type of work they would perform (e.g., feasibility analysis, technical, support). Include variations in the rates, if any, for items such as travel time and report writing versus on-site work. Specify the time period for which the rates are guaranteed.

a. The hourly rates must include all costs, direct and indirect associated with

this project. b. Provide the overhead factor that you use including your hourly rate. The

overhead factor must include all personnel costs, office expenses, equipment and supplies, training, subcontractors, overhead and any other costs associated with the performance of the work and operation of a business.

E N D O F R E Q U E S T F O R P R O P O S A L

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APPENDIX A

Feasibility Studies and Consulting Services for Development of Property and Facilities Owned by the New Mexico Department of Transportation

REQUEST FOR PROPOSALS: 09-13

ACKNOWLEDGMENT OF RECEIPT FORM

In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has received a complete copy, beginning with the title page and ending with Appendix E. The acknowledgement of receipt should be signed and returned to the Contracts Administration Section. Only potential Offerors who elect to return this completed form will receive copies of RFP amendments, if any are issued. The following information will be used for all correspondence related to this Request for Proposals. FIRM: _________________________________________________________________ REPRESENTED BY: _____________________________________________________ TITLE: ________________________________ PHONE NO.: ____________________ E-MAIL: ___________________________ FAX NO.: ________________________ ADDRESS: _____________________________________________________________ CITY: __________________________ STATE: ________ ZIP CODE: _____________ SIGNATURE: ___________________________________ DATE: _________________ Please return completed form to the name and address listed below.

Marlene Sandoval New Mexico Department of Transportation Contracts Administration Section PO Box 1149, Room 102 Santa Fe, New Mexico 87504-1149 (505) 827-5183

(505) 827-5555 fax E-Mail: marlene.sandoval@state.nm.us

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APPENDIX B

CONTRACT TERMS AND CONDITIONS

(To be provided by addendum at Pre-Proposal Conference)

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APPENDIX C

LUMP SUM FEE PROPOSAL FORM I. Project Identification

A. Project Name: B. RFP:

C. Proposal To:

D. Proposal From: _________________________________

(Hereinafter called the "Offeror") authorized to do business as a Corporation, Partnership or Individual in the State of New Mexico.

(Circle correct one).

II. Offeror’s Obligations and Representations

A. The undersigned Offeror proposes and agrees, if this proposal is accepted, to enter into an Agreement with NMDOT in the form included in the RFP documents, to perform all work as specified or indicated in the RFP documents, for the Contract price, and within the Contract times specified in the proposal, in accordance with all other terms and conditions of the Contract documents.

B. The Proposal will remain subject to acceptance for 120 days after the date of proposal opening. C. In submitting this Proposal, the Offeror represents and agrees, as more fully set forth in the Agreement, that:

1. The Offeror has examined and carefully studied the proposal

documents, including: a) Addendum No.____, dated _______ b) Addendum No.____, dated _______ c) Addendum No.____, dated _______

D. The Offeror warrants that the Offeror, or any member of the Offeror’s team or business, presently has no interest, and shall not acquire any interest, directly or indirectly, that would conflict in any manner or degree with the performance of services required under the Agreement.

III. Fee Proposal

A. Phase I, Part A: Feasibility Study: The Offeror agrees to perform the work for_______________________________________________________Dollars, $____________________________________________________________________ (Lump Sum without New Mexico gross receipts tax)

B. Phase I, Part B: Preliminary Master Plan, Schematic Design and Request for

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Proposal Documents: The Offeror agrees to perform the work for_______________________________Dollars, $____________________________________________________________________ (Typed or printed lump sum without New Mexico gross receipts tax)

C. Attach Hourly Rates

IV. Submitted By (Offeror to fill In all blank spaces)

A. By :______________________________________________ B. ___________________________________________________ (Firm Name) C. Signature:________________________________________________________ D. _________________________________________________________________

(Typed or Printed Partner or Officer’s Name) Notary Signature __________________________________________ (NOTARY SEAL)

E. Title:__________________________________________________________ F. Address:_________________________________________________________ G. Phone: ___________________________________Fax:____________________ H. State of Incorporation: ______________________________________________ I. Out-of-State Corporation Business Authorization: _______________________ J. New Mexico Tax ID: ______________________________ K. Federal ID No.: ___________________________ L. State License No.: __________________________________________________ M. Architect Registration Name/Number: _________________________________ N. Civil Engineer Registration Name/Number: _____________________________ O. Other professional certifications: ______________________________________ ___________________________________________________________________ ___________________________________________________________________ P. Submitted on: ___________________________

(Offeror to enter date of signature)

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APPENDIX D

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

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

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise,

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collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

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

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

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

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

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

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___________________________ _______________________ 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 Date ______________________________ Title (Position)

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APPENDIX E

NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM 1. For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has, or

grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to:

(a) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(b) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or

(c) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

2. Offeror must agree to maintain a record of the number of employees who have (a)

accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

3. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://insurenewmexico.state.nm.us/.

4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000.

Signature of Offeror: ___________________________ Date ________________