Determination - Professional Engineering Services with Otak, Inc. for Segment No. 7

Solicitation No.

Determination - Professional Engineering Services with Otak, Inc. for Segment No

Type / RFx

Sole Source

Status

Active

Level

county

Published Date

—

Due Date

—

NAICS Code

541330AI guide

Jurisdiction

Santa Fe County

State

New Mexico

Agency

Santa Fe County

102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505- 995-2740 www.santafecountynm.gov Justin S. Greene Commissioner, District 1 Adam Fulton Johnson Commissioner, District 4 Lisa Cacari Stone Commissioner, District 2 Hank Hughes Commissioner, District 5 Camilla Bustamante Commissioner, District 3 Gregory S. Shaffer County Manager Date: May 19, 2025 TO: Procurement File FROM: Bill Taylor, Procurement Manager RE: Sole Source Determination Pursuant to Section 13-1-126 NMSA 1978 for the Provision of Providing Professional Engineering Services Contract with Otak, Inc. for Segment No. 7 of the Santa Fe Rail Trail Design. The Cost for Design Services Are Under Negotiations. BACKGROUND In 2009, Santa Fe County Purchasing Division issued a Request for Proposals (RFP) No. 29-0131- CSD/JC and entered Agreement No. 29-0131-CSD/JC with Loris & Associates, Inc. to provide engineering services for the design and completion of the County’s portion of the Santa Fe Rail Trail (Project). The project scope included the completion of six phases or Segments, subject to the availability of County funding over multiple fiscal years. In March 2017, Agreement 2017-0251-PW/BT was procured pursuant to a sole source determination to continue design services with Loris & Associates, Inc. to complete the design for segments 4 through 6. In April 2017, Loris & Associates was acquired by OTAK, Inc. and Agreement 2017-0251-PW/BT was amended to extend the term of the Agreement with OTAK, Inc. Pursuant to NMSA 1978, Section 13-1- 150. Multi-term contracts: specified period, Agreement 2017-0251-PW/BT could not be amended to extend the term beyond a 4-year term contract. In May 2023, the County entered into Agreement No. 2023-0138-PW with Otak, Inc. as a sole source procurement to complete the design and alignment of Segment 6 of the Project. Construction of segments 1 through 6 has been completed. Segment No. 7 requires the services of OTAK, Inc. to provide the design of for Segment No. 7, to continue the alignment in accordance to the original intent of the original RFP No. 29-0131-CSD/JC, pursuant to the NMDOT requirements and provide construction phase engineering services. Segment No. 7 is located between Santa Fe Rail Trail Segment 6, west of US Highway 285, requiring an underpass to cross Hwy 285 and extend to County Rd. 33, in Lamy, New Mexico. Otak, Inc. provided a preliminary engineering report for the alignment of Seg. No. 6 to Seg. 7 and the appropriate crossing of US Highway 285 to Lamy. 102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505- 995-2740 www.santafecountynm.gov DETERMINATION Although there are other engineering firms that can provide design services, Otak has produced and engineered the entire set of SFRT segments (1-6) documents that includes a 4-year feasibility study (coordination with NMDOT) of the US 285 highway crossing. No other firm has the level of background and experience with the Santa Fe Rail Trail project than Otak, Inc. Due to the specific and technical intent of the original project scope, strategic plan, procurement and Agreement for Engineering Services, the County has determined that the procurement of the required design services meets the intent of a sole source procurement, pursuant to 13-1-126, NMSA 1978. Based on this determination it is in the best interest of Santa Fe County to continue the services as a new procurement, as a new solicitation or RFP for these services will give rise to the risk of quality and liability issues in meeting the intent of the original Procurement and contract. Otak, Inc. involvement in the overall intent of the Project will allow the County to fulfill the original intent of the original competitive sealed proposal solicitation. A Transportation Alternatives Program (TAP) grant from the Federal Highway Administration to construct Segment 7 of the Project requires the Engineer to perform additional engineering design services and other additional services to meet the requirements of the TAP grant. Contract Information: Vendor: OTAK, Inc. 818 W. South Boulder Rd. Louisville, Colorado 80027 (303) 444-2073 Design Services for Segment No. 7 Final Design Phase (Plan Revisions, NMDOT Coordination) to include basic design services through Post Construction Phase of Segment No. 7: - Study and Report Phase - Preliminary Design Phase - Final Design Phase - Bidding and Negotiating Phase - Construction Phase - Post-Construction Phase The County intends to enter contact negotiations with Otak, Inc. for the engineering services for Segment No. 7. NOTE: This agreement may be extended an additional 3 years in 1 year increments. 102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505-995-2740 www.santafecountynm.gov Justin S. Greene Commissioner, District 1 Adam Fulton Johnson Commissioner, District 4 Lisa Cacari Stone Commissioner, District 2 Hank Hughes Commissioner, District 5 Camilla Bustamante Commissioner, District 3 Gregory S. Shaffer County Manager SANTA FE COUNTY SOLE SOURCE REQUEST AND DETERMINATION FORM A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge and subsequently approved in writing by the County Purchasing Agent. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor. I. Department/Division: Public Works – Projects Division Director: PJ Montano – Facilities & Projects Division Director Telephone Number: 505.992.3037 II. Name of prospective Contractor: Otak Address of prospective Contractor: 371 Centennial Pkwy, Suite 210 Louisville, CO 80027 Amount of prospective purchase: $?? Term of prospective contract: 4 Years – Design & construction documents and construction oversight of Santa Fe Rail Trail (SFRT) segment #7A III. Please thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract: 1) Preliminary Engineering Report (PER), geotechnical report for new segment, design documents, easement and ROW documents, construction documents ready to bid, and construction oversight as the engineering company for the Santa Fe Rail Trail segment #7A (begin at SFRT #6 trail to cross US 285 highway as underpass or overpass and extend trail to County Road 33 to the SE). 1)Develop the first phase (SFRT #7A) of the last segment of the Santa Fe Rail Trail to cross US 285 highway. This includes PER, Geotechnical report of earlier recommended crossing locations for SFRT #7, and utilize for underpass or overpass design of US 285 highway. 2) create full 100% trail design documents to conform to existing SFC Rail Trail segments (8’ wide soft surface trail with accessibility grades that match. 3) new drone and ground survey for 1-foot contour mapping with trail alignment 102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505-995-2740 www.santafecountynm.gov refined from new topo survey, (4)provide easement and right of way (ROW) legal descriptions/documents. (4) signage (5) environmental documents as required. (6)NMDOT Access Permit documents as required for the crossing of US 285 highway, (7) create full construction set of trail design documents ready for bidding on SFRT #7A, and (8) have additional services as construction oversight engineering firm upon construction commencement to coordinate with “construction manager (CM)” firm to be awarded by Santa Fe County upon successful bidding of construction services. IV. Provide an exp