Texas
Department
of Transportation
REQUEST FOR PROPOSAL #55-4RFPP001
ROW Division
118 East Riverside Drive
Austin, Texas 78704
For: Statewide Right of Way Acquisition Professional Services
Proposal Due Date: April 28, 2014 at 12:00 Noon (CST)
ROWAPS 55-4RFPP001
SECTION 1
Table of Contents
Section
Description
Page No.
Cover Sheet
1
1
Table of Contents
2
2
General Information
3
3
Proposal Information
6
4
Statement of Work
10
5
General Terms and Conditions
24
6
Professional Qualifications, Experience, Performance and
Capacity of the Company
25
7
Meeting Scheduling Demands
29
8
Qualifications and Experience (Q&E) for the Individual Service
Disciplines
31
9
Q&E for Project Managers
34
10
Q&E for Title and Closing Specialist
37
11
Q&E for Real Estate Appraisers
39
12
Q&E for Negotiation Agents
46
13
Q&E for the Relocation Agents
49
14
Q&E for Condemnation Support Specialists
51
15
Q&E for Disposal of Property Specialists
54
16
Fee Schedule (printed copy of the spreadsheets and a copy of the
spreadsheets on a CD disc must be placed in this Section of the RFP)
17
Execution of the Proposal
18
Forms
56
65
66
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ROWAPS 55-4RFPP001
SECTION 2
General Information
1.0
2.0
3.0
4.0
SCOPE: The Texas Department of Transportation (Department) is requesting proposals for Right
of Way Acquisition Professional Services (ROWAPS) on a statewide basis. Responding
ROWAPS Companies must express an interest to contract for services by completing this
Request for Proposal (RFP). The general scope of work for this RFP is limited to;
1.1
Project Administration Services
1.2
Title Services and Closing Services
1.3
Real Estate Appraisal Services
1.4
Real Estate Appraisal Review Services
1.5
Negotiation Services
1.6
Relocation Assistance Services
1.7
Condemnation Support Services
1.8
Disposal of Property Services
CONTRACT AMOUNT AND TERM: Depending upon the results of the evaluations the
Department will award contracts;
2.1
To each responding company with a minimum threshold of 91 points scored in the
evaluation of the completed RFP. This is equal to 70% of the possible 130 points that
can be scored (91 / 130 = 70%).
2.2
Each in the amount of two million dollars ($2,000,000.00) for a 2-year period beginning
with the date the contract is executed by the Department.
WORK ASSIGNMENT: Work Assignments shall be authorized by individual Work Authorizations
dependent upon the business needs of the Department for each identified Right of Way (R/W)
Project and its Right of Way Control/Section/Job Number. There is no guarantee of minimum
work by the Department.
3.1
On an as-needed basis, the contract may be extended for an additional one (1) year
period provided both parties agree in writing to do so prior to the expiration date. Any
extensions shall be at the same terms and conditions, plus any approved changes.
3.2
All work authorizations under the Contract shall be issued within two (2) years of the
effective date of the contract
ACRONYMS:
4.1
DBE – Disadvantaged Business Enterprise
4.2
RFP – Request for Proposal
4.3
R/W – Right of Way
4.4
R/W-PD – Right of Way Project Delivery Staff
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ROWAPS 55-4RFPP001
5.0
4.5
ROW – Right of Way Division of the Texas Department of Transportation
4.6
ROWAPS – Right of Way Acquisition Professional Services (work disciplines of right of
way acquisition services, including appraisal services, but excluding surveying,
engineering, or architectural services).
4.7
SME – Subject Matter Expert
4.8
TxDOT – Texas Department of Transportation (also see Department)
DEFINITIONS: The following terms and phrases shall have the meanings assigned unless the
contract indicates a contrary meaning. In such cases, the contract definitions will take
precedence.
5.1
Real Estate Appraiser – An individual licensed to provide real estate appraisal services in
the State of Texas. For the purposes of this RFP, the term “Real Estate Appraiser” and
“Appraiser” are used interchangeably.
5.2
Real Estate Appraiser (pre-certified) - An individual licensed to provide real estate
appraisal services in the State of Texas and has been pre-certified by TxDOT.
5.3
Department – The Texas Department of Transportation (also see TxDOT as an acronym)
5.4
Fee Schedule – The attachment to the contract that sets forth the performing entity’s fees
for each service in the contract document’s scope of work.
5.5
Fee for Service – Specific fee for a unit of service by which payments are made for each
unit of service completed.
5.6
Milestone – Pre-determined, identifiable, and document supported specific point in a
professional service task that represents a reporting requirement or completion of a set of
activities upon which a payment of services can be invoiced.
5.7
Performance Based Specifications – Focus on outcomes or results rather than process;
i.e., what services are required, not how to produce them.
5.8
Provider - A contractor, operating with a written and executed agreement to provide
goods or services in accordance with the established price, terms and conditions. For
the purposes of this RFP, the term “Provider” and “Contractor” can be used
interchangeably.
5.9
Professional Services – Services directly related to professional practices as defined by
Government Code, Chapter 2254, Subchapter A.
5.10
Reasonable Cost – A cost is reasonable if, in its nature and amount, it does not exceed
that which would be incurred by a prudent person under the circumstances prevailing at
the time the decision was made to incur the cost.
5.11
Respondent – A ROWAPS Company responding to this RFP.
5.12
Request for Proposal (RFP) - A request for submittal of a proposal that demonstrates
competence and qualifications of the Provider to perform the requested services and
shows an understanding of the specific project
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ROWAPS 55-4RFPP001
5.13
Sub-Provider – A subcontractor proposing to perform work through a contractual
agreement with the Provider. For the purposes of this RFP, the term “Sub-provider” and
“Subcontractor” can be used interchangeably.
5.14
Uniform Act - Uniform Relocation Assistance and Real Property Acquisition Policies Act
5.15
Work Authorization – A written and executed authorization to begin work issued
according to the entity and prime contract in place with the department. The work
authorization includes a detailed scope of work as well as a contract period and
maximum amount payable that does not exceed the time or money restrictions specified
in the prime contract.
Page 5 of 70
ROWAPS 55-4RFPP001
SECTION 3
Proposal Information
1.0
SCHEDULE OF EVENTS: The Department reserves the right to change the dates shown below
upon written notification.
EVENT
DATE
TIME
Electronic Publication of RFP
March 24, 2014
12:00 Noon (CST)
Public Pre-Proposal Conference (not mandatory)
March 31, 2014
9:30 AM (CST)
Deadline for Submission of Written Questions
Publish Questions and Answers
April 7, 2014
April 10, 2014
4 PM (CST)
4 PM (CST)
Last day to submit RFP
Opening of Proposals (no public opening)
April 28, 2014
April 28, 2014
12 Noon (CST)
12:30 PM (CST)
Evaluation of Proposals Begins
April 30, 2014
See general note below
Notice of Awards (by letter)
Contract Orientation Meeting (mandatory)
Expected Contract Start Date
May 12, 2014
May 19, 2014
May 26, 2014
See general note below
See general note below
See general note below
General Note: Exact date and time for these processes may change depending upon the number of
proposals received, time required for verification of information and complexity of valuations.
2.0
PRE-PROPOSAL CONFERENCE (not mandatory): A pre-proposal conference is scheduled for
March 31, 2014 (9:30 AM to 12:00 Noon (CST). Attendance at the pre-proposal conference is
not mandatory for responding to the RFP or an award of a contract. The location of the preproposal conference is the TxDOT Riverside Campus, 200 East Riverside Drive, Room 1A1,
Austin, Texas 78704.
2.1 Persons with special needs or disabilities who plan to attend this meeting and require
auxiliary aids or services are requested to contact Leila Valenzuela at (512) 416-2821 or
leila.valenzuela@txdot.gov at least 3 working days prior to the meeting so that appropriate
arrangements can be made.
2.2 Persons attending the pre-proposal conference must print a copy of this RFP for their use.
Copies will not be provided at the pre-proposal meeting.
3.0
ELECTRONIC ACCESS TO THIS RFP: This RFP, attachments and any supplements can be
accessed from either of the two following web sites.
The TxDOT website at
http://www.txdot.gov/business/opportunities/contracts.html
The Electronic State Business Daily at the State Comptrollers website at
http://esbd.cpa.state.tx.us
4.0
HARD COPY ACCESS TO THIS RFP: This RFP, attachments and any supplements can be
obtained by contacting Leila Valenzuela at: TxDOT, ROW Division, PO Box 5075, Austin, Texas
78763-5075 or leila.valenzuela@txdot.gov
Page 6 of 70
ROWAPS 55-4RFPP001
5.0
PROPOSAL REQUIREMENTS:
5.1
All proposals shall be received, dated and time stamped at the ROW Division Office
located at 118 East Riverside Drive, Austin, TX 78749 no later than 12:00 Noon Central
Standard Time on April 28, 2014. Late proposals will not be considered under any
circumstance.
5.1.1
Respondents shall submit one (1) original and two (2) copies of the complete
RFP. Only the original proposal requires original signatures.
5.1.1.1 Section 16 of the RFP requires the respondent to include a Compact
Disc (CD) containing a duplicate of the completed “Fee Schedule” that is
to be printed in hard copy for Section 16. The fee schedule duplicated
on the CD must be in Microsoft Excel © Format.
5.1.1.2 The CD should be labeled and affixed to the last and separate page
behind Section 16. The label must show the name of your company, the
RFP number 55-4RFPP001, and the title “Original Fee Schedule”. The
page containing the CD may be a plastic or paper sheet designed for CD
storage. Only one CD is required and must be attached to the original
RFP. Do not submit duplicate copies of the CD with the additional
copies of the RFP.
5.1.2
The original and copies of the completed RFP should be produced on 8.5”x11”
white paper with the exception of;
5.1.2.1 The sample ”Project Management Schedule” required in Section 7 of the
RFP which may be produced on white paper with an extended width of
14” or 17” and folded to fit in the completed RFP. If necessary, the
Project Schedule can be multiple pages.
5.1.2.2 All pages in the RFP should be numbered and contain an organized,
paginated table of contents corresponding to the section and pages of
the proposal.
5.1.2.3 Your completed proposal must include 18 separate Sections. Each
Section should be designated by a number tab.
5.1.2.4 Each of the Sections must contain all of the pages of the template for this
RFP plus any additional sheets specified in the directions for each of the
individual Sections.
5.1.2.5 TxDOT reserves the right, in its sole judgment and discretion, to waive
minor technicalities and errors in the best interest of the state
5.1.3
Proposals shall be limited to the contents specified in this RFP.
5.1.4
The original and two copies of the completed proposal should be placed in an
envelope/box and correctly identified with your company name and RFP number
55-4RFPP001. Multiple responses will not be accepted. It is the respondent’s
responsibility to appropriately mark and deliver the proposal to TxDOT by the
specified date and time.
5.1.5
Receipt of any and all addenda or supplements to this RFP should be
acknowledged by returning a signed copy of each addendum to the response.
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ROWAPS 55-4RFPP001
5.1.6
Respondents to this RFP are responsible for all costs of proposal preparation.
5.1.7
Proposals shall be submitted to the TxDOT by overnight mail, regular mail or
hand delivery to the office located at 118 East Riverside Drive, Austin, Texas
78704. Note: Good business practice suggests that you request a signed receipt
of the proposal that will also provide the date, time and place of delivery.
5.1.8
Proposals will be opened at the ROW Division Headquarters Office located at
118 East Riverside Drive, Austin, Texas 78704 on April 28, 2014 at 12:30 PM.
There will not be a public opening.
5.1.9
Telephone, e-mail and facsimile proposals are not an acceptable response to this
RFP. All submitted proposals become the property of TxDOT after the RFP
opening date. Responses submitted shall constitute an offer for a period of ninety
(90) days or until selection is made by TxDOT.
5.1.10 The proposal and its format in part or whole, may not be sold for profit or
monetary gain. If this proposal is altered in any way, all headers, footers and
references to TxDOT, any other government agency, the ROW Division or the
State of Texas must be removed. TxDOT does not assume any liability when
these specifications are used in the procurement process by any other private,
quasi-governmental or governmental entity.
5.1.11 A proposal which does not include all the requirements set forth in the RFP will
be rejected as non-responsive and will not be considered further.
6.0
7.0
INQUIRIES:
6.1
All inquiries shall be submitted in writing to Gus Cannon, TxDOT-ROW Division Office,
118 East Riverside Drive, Austin, Texas 78704 or by email to gus.cannon@txdot.gov
6.2
Upon the March 24, 2014 publication of the RFP, beside written inquiries as described
above, other employees and representatives of TxDOT will not answer questions or
otherwise discuss the contents of the RFP with any potential Provider or their
representatives. Failure to observe this restriction may result in disqualification of any
subsequent response. This restriction does not preclude discussions between affected
parties for the purpose of conducting business unrelated to this proposal.
PROPOSAL EVALUATION AND AWARD:
7.1
An evaluation team comprised of TxDOT staff will be established to evaluate the
proposals. The evaluation team will evaluate and score each proposal based on the
criteria shown in the scoring matrix shown in this RFP.
7.2
To be eligible for a contract award, a Provider must reach a minimum threshold of 91
points scored in the evaluation of the completed RFP. This is equal to 70% of the
possible 130 points that can be scored (91 / 130 = 70%).
7.2
Tie scores are not applicable to this RFP (Title 43; Part 1; Chapter. 9; Subchapter F;
§9.85(f)
7.3
The scope of work required by the RFP is not negotiable.
7.4
A Best and Final Offer is not applicable to this RFP.
Page 8 of 70
ROWAPS 55-4RFPP001
Table 3.1
Government
Code Criteria
EVALUATION SCALE AND MATRIX: Title 43; Pt. 1; Ch.9; Subch. F; §9.85(d) and (e)
Texas Administrative
Code Criteria
Evaluation Criteria
Rating
Scale
Location in
Proposal and
Maximum No. of
Points
Weight
Maximum Weighted Score
1, 3 or 5
points
Section 6
5 Maximum
Possible Points
50%
Each of the 5 possible points are
weighted to equal 13 points
(130 x 50% = 65 / 5 = 13 pts.)
1, 3 or 5
points
Section 7
5 Maximum
Possible Points
15%
Each of the 5 possible points are
weighted to equal 3.9 points
(130 x 15% = 19.5 / 5 = 3.9)
1,3 or 5
points x
11
persons
Sections 8 - 15
55 Maximum
Possible Points
20%
Section 16
65 Maximum
Possible Points
15%
Each of the 65 possible points is
weighted to equal 0.3 points
(130 x 15% = 19.5 / 65 = 0.3)
130 Maximum Pts
100%
130 Maximum Pts
Experience of the firm and the team
Title 43; Pt. 1; Ch. 9; Subch.
F; §9.85(a)(1)
Title 43; Pt.1; Ch. 9; Subch.
F; §9.85(a)(6)
Title 43; Pt.1; Ch. 9; Subch.
F; §9.85(a)(8)
Title 43; Pt.1; Ch.9; Subch.
F; §9.85(a)(4)
Chapter 2254
Subchapter A
Section.
2254.003(a)(1)
Chapter 2254
Subch. A, Sec.
2254.003(a)(2)
Title 43; Pt.1; Ch.9; Subch.
F; §9.85(a)(3)
Title 43; Pt.1; Ch. 9; Subch.
F; §9.85(a)(5)
Demonstrated understanding of applicable
rules, regulations, policies, and other
requirements associated with the
environmental or cultural studies, analyses,
or document preparation to be performed.
Past performance of the Provider, specific
Provider staff, or Sub-Providers on similar
contracts.
Ability to commit personnel, time, and other
resources to the project.
Merits of the proposal including unique or
innovative methods for performing the work.
Demonstrated understanding of the scope of
services to be provided, including identifying
which type of work will be performed by a
Sub-Provider, if any.
Title 43: Pt.1; Ch. 9; Subch.
F: §9.85(a)(7)
Ability to meet Department Scheduling
requirements.
Title 43; Pt.1; Ch.9; Subch.
F; §9.85(a)(1)
Professional qualifications
Title 43; Pt. 1; Ch. 9; Subch.
F; §9.85(a)(2)
Experience of the individuals
Title 43; Pt.1; Ch. 9; Subch.
F; §9.85(c)(1-4) and §9.89
Appraiser must be pre-certified
Title 43; Pt.1; Ch. 9, Subch.
F §9.85(a)(9)
Reasonableness of fee
1, 3 or 5
points x
13 service
fee ranges
Total
Each of the 45 possible points
are weighted to equal 0.4727 pts
(130 x 20% = 26 / 55 = 0.4727)
Page 9 of 70
ROWAPS 55-4RFPP001
SECTION 4
Statement of Work
1.0
SERVICE REQUIREMENTS OF THE PROVIDER: Services shall include, but are not limited to
the following activities:
1.1
Project Administration
1.1.1
Negotiation of the Scope of Services for each Work Authorization
1.1.1.1 Provider will visit project site with R/W-PD Staff.
1.1.2
Project Field Office
1.1.2.1 No joint use of existing office currently occupied by the Provider or any
Sub-Providers.
1.1.2.2 No joint use of TxDOT facilities
1.1.2.3 Reasonable access to proposed project
1.1.2.4 Location approved by R/W-PD Staff
1.1.2.5 Open during normal state work hours
1.1.2.6 Personnel available to answer questions
1.1.2.7 Availability of secondary project files (note: permanent project files will be
located in the R/W-PD Office and ultimately at the ROW Headquarters
as the Office of Permanent Record)
1.1.2.8 At least one office staff member of the Provider is required to be a
current commissioned notary public.
1.1.3
Profit and Overhead Costs
1.1.3.1 All Administrative costs including salaries, travel, employee benefits,
telephone, equipment, supplies, postage, certified mail, etc.
1.1.3.2 Rent and utilities of project field office are direct pass through costs.
Profit or management fees by the Provider for rent and utilities are not
eligible.
1.1.3.3 All profit, including any management fees for all ROWAPS services are
included in the Project Administration Services.
1.1.4
Communication
1.1.4.1 Prepare and deliver monthly invoice for each active Work Authorization
to R/W-PD Staff. Prepare invoices utilizing Department standard
payment submissions forms with supporting documentation. Supporting
documentation requirements are determined by R/W-PD Staff and ROW.
1.1.4.2 Prepare initial property owner contact list for use by R/W-PD in
distribution of Provider introduction letters or as determined necessary by
the R/W-PD Staff.
1.1.4.3 The Provider’s Project Manager is to serve as DBE Liaison to the R/WPD Staff and ROW.
Page 10 of 70
ROWAPS 55-4RFPP001
1.1.4.4 Attend status meetings with appropriate R/W-PD Staff. Date, time and
location are determined by R/W-PD Staff.
1.1.4.5 Provide bi-monthly written report to R/W-PD Staff on the status of service
tasks completed and service tasks remaining in order to bring each
parcel into possession of the state. The reporting format will be
determined by the R/W-PD Staff.
1.1.4.6 Provide a bi-monthly report to the R/W-PD staff listing all parcels for
which; (1) an offer has been made of a $1,000,000 or more; (2) a
settlement has been proposed of $1,000,000 or more; and (3) a
relocation assistance has been approved for more than $1,000,000.
1.1.5
File Management
1.1.5.1 Primary project and parcel files will be kept in the R/W-PD Office with
permanent records transferred to the ROW as Office of Permanent
Record. Working files may be kept in the Provider’s project
administrative office, but documents generated or received by the
Provider will be forwarded to the R/W-PD Office as they are generated or
received by Provider. The format for type of file folders and document
order and placement are determined by R/W-PD Staff.
1.1.5.2 Maintain records of all payments including, but not limited to, warrant
number, amount, date paid, etc.
1.1.5.3 Maintain copies of all correspondence and contacts with property
owners.
1.2 Title and Closing Services (combined)
1.2.1
Secure preliminary title commitment or preliminary title search, and 5-year sales
data from Title Company that will be providing title insurance. The charges from
the Title Company for the preliminary title commitments will be reimbursed to the
Provider as a direct pass through cost and will not be counted against the
authorized amount of the Work Authorization. As direct pass through costs,
these fees should not be included in the Provider’s negotiated fee schedule.
1.2.2
Secure title commitment updates in accordance with insurance rules and
requirements for parcel payment submissions. As direct pass through costs,
these fees should not be included in the Provider’s negotiated fee schedule.
1.2.3
Secure title insurance for all parcels acquired, insuring acceptable title to the
Department. Written approval by the Department required for any exception. As
direct pass through costs, these fees must not be included in the Provider’s
negotiated fee schedule.
1.2.4
The curative services necessary to provide clear title to the State is the
responsibility of the Provider.
1.2.4.1 Cost of curative services must be included in the negotiated fee schedule
for this service.
1.2.4.2 Curative services do not include costs/expenses that qualify as payment
of incidental expenses to transfer real property to the State. As direct
pass through costs, these incidental fees must not be included in the
Provider’s negotiated fee schedule.
1.2.5
The Provider has the responsibility of direct contact with the Title Company to
obtain an updated title commitment along with other forms and certified copy of
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ROWAPS 55-4RFPP001
the instrument of conveyance necessary when requesting the Parcel Payment
from R/W-PD Staff.
1.3
1.2.6
The Provider provides closing services in conjunction with the Title Company and
will be required to attend closings.
1.2.7
Any fee related to obtaining certified court documents and fees for recording
same which are not collected at the closing of the parcel shall be direct pass
through fees at the exact cost supported by the county court house receipts. No
administrative fee, management fee, service fee or profit to the Provider will be
paid on these costs.
1.2.8
Provider shall cause the recordation all original instruments immediately after
closing at the respective County Clerk’s Office, except for donations which must
be forwarded to the Department for acceptance by the Commission prior to
recording. The cost of the recording fees and filing fees are paid by TxDOT and
must not be included in the Provider’s negotiated fee schedule.
Real Estate Appraisal Service
1.3.1
Appraisers must be selected from the Department’s list of pre-certified real estate
appraisers. The list is available for review by web link at:
http://www.txdot.gov/business/opportunities/real-estate-appraisers.html
As an alternative to the web site, you can contact David Wilson at
david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
1.3.2
Appraisers must provide advance notice of the date and time of their appraisal
inspections of the subject property to the Provider’s Project Manager in order to
coordinate the appraiser’s inspection with (if applicable and practical) the initial
interview with the Displacee by the Relocation Assistance Specialist.
1.3.3
Secure written permission from the owner to enter the property from which real
estate is to be acquired. The Provider, if after diligent effort, is unable to secure
the necessary letter of permission from the property owner, a waiver must be
obtained in writing from the Department through the R/W-PD Staff. Maintain
permission letters with appraisal reports.
1.3.4
Prepare and conduct personal pre-appraisal contact with interest owners for
each parcel using acceptable Department forms.
1.3.5
Contact property owners or their designated representative to offer opportunity to
accompany the appraiser on the appraiser’s inspection of subject property.
Maintain record of contact in file.
1.3.6
For an initial appraisal assignment, prepare appraisal report for each parcel to be
acquired utilizing Department Forms No. ROW-A-5, ROW-A-6, ROW-A-7, ROWA-8 as applicable. These reports shall conform to Department policies and
procedures along with the Uniform Standards of Professional Appraisal Practices
as promulgated by the Appraisal Foundation.
1.3.7
For an updated appraisal, prepare appraisal update for the parcel to be acquired
utilizing Department Form ROW-A-5, which will be furnished to the Provider by
the Department. These reports shall conform to Department policies and
procedures along with the Uniform Standards of Professional Appraisal
Practices.
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1.3.8 As necessary, prepare written notification to the Department of any
environmental concerns associated with the right of way to be acquired, which
could require environmental re-mediation.
1.3.9
All completed appraisals will be administratively reviewed and recommended for
approval by the R/W-PD Staff or assigns.
1.3.10
Processing monthly invoices for appraisal services will not be delayed for the
purpose of the completion of the R/W-PD Administrative Review.
1.3.11 R/W-PD Staff coordinates with the Provider’s review appraiser (if applicable)
regarding revisions, comments, or additional information that may be required.
The Provider’s review appraiser will then coordinate with the appraiser.
1.3.12 As necessary, the appraiser will coordinate with the review appraiser regarding
revisions, comments, or additional information that may be required.
1.3.13 As an initial and update appraisal are two separate and distinct appraisal
assignments, the fees must consider the complexity of each separate
assignment as shown in the Provider’s Fee Schedule.
1.31.14 Beyond delivery of the appraisal assignments, the appraiser can be called to
provide preparation and testimony for a Special Commissioners Hearing. For
this appraisal assignment, the fee for the preparation time and testimony must be
based on the hourly rate shown in the Provider’s Fee Schedule.
1.4
Appraisal Review Service
1.4.1
Review Appraiser must be selected from the Department’s list of pre-certified real
estate appraisers. The list is available for review by web link at:
http://www.txdot.gov/business/opportunities/real-estate-appraisers.html
As an alternative to the web site, you can contact David Wilson at
david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
1.5
1.4.2
Review all appraisal reports for each parcel to determine consistency of values,
supporting documentation related to the conclusion reached, compliance with
Department policies and procedures and the Uniform Standards of Professional
Appraisal Practices.
1.4.3
Prepare and submit to the R/W-PD Office the Form ROW-A-10 “Tabulation of
Values”, for each appraisal review assignment.
1.4.4
As a review of an initial and update appraisal are two separate and distinct
appraisal assignments, the fees must consider the complexity of each separate
assignment as shown in the Provider’s Fee Schedule
1.4.5
Beyond delivery of the review appraisal of the initial and updated appraisal
documents, the review appraiser can be called to provide preparation and
testimony for a Special Commissioners Hearing. For this appraisal assignment,
the fee for the preparation time and testimony must be based on the hourly rate
shown in the Provider’s Fee Schedule.
Negotiation Services
1.5.1
Analyze preliminary title report to determine potential title problems, propose and
inform R/W-PD Office of methods to cure title deficiencies. This includes
analysis of access easements.
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1.5.2 Analyze appraisal and appraisal review reports and confirm the Department’s
approved value prior to making offer for each parcel.
1.5.3
Prepare and send the letter transmitting the Landowners’ Bill of Rights by
Certified Mail-Return Receipt Requested (CMRRR).
1.5.4
Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by the Department
on applicable Department forms.
1.5.5
The written offer, appraisal report and required brochures must be sent to each
property owner or the property owner’s designated representative through
CMRRR. Maintain follow-up contacts and secure the necessary instruments
upon acceptance of the offer for the closing. Retain copies of the unsigned
CMRRR receipt and the appraisal as support for billing purposes.
1.5.6
Respond to property owner inquiries verbally and in writing within two (2)
business days.
1.5.7
Prepare a separate negotiator contact report for each parcel, per contact, on
Department form ROW-N-94.
1.5.8
All original project and parcel file documents must be kept in the R/W-PD Office.
All original documents generated or received by the Provider must be delivered
to the R/W-PD Office within three (3) working days from the date they are
generated or received by the Provider. Copies or working file documents may be
kept by the Provider. Maintain parcel files of original documentation related to
the purchase of the real property or property interests.
1.5.9
Advise property owner of the Administrative Settlement process. Transmit to the
R/W-PD Office any written counter offer from property owners including
supporting documentation, and Provider recommendation with regard to
Administrative Settlements in accordance with Department policy and
procedures.
1.5.10 Prepare final offer letter, and mail the documents of conveyance by CMRRR.
1.5.11 Appear and provide Expert Witness testimony as a Provider when requested.
1.5.12 Issue Property Owner’s Survey to the property owner.
1.5.13 Securing a Right of Entry or Possession and Use Agreement is part of general
Negotiation Services.
1.6
Relocation Assistance Services for Residential, Business, Personal Property, Mini
Storage Units and Outdoor Advertising Signs
1.6.1
The Relocation Assistance Specialist should provide advance notice of the date
and time of their initial meeting with the Displacee with (if applicable and
practical) the Appraiser’s inspection of the subject property in order to coordinate
the appraiser’s inspection with (if applicable and practical) the initial interview
with the Displacee by the Relocation Assistance Specialist.
1.6.2
Notify all Displacees and potential Displacees of eligibility for relocation
assistance. At the time of initial contact, provide Displacees with a Relocation
Assistance Packet approved by the Department and consisting of;
1.6.2.1 Page one of the ROW-R-96
1.6.2.2 ROW-R-MP
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1.6.2.3 ROW-R-CE
1.6.2.4 Relocation Assistance Brochure (the Department will provide the
Provider with the brochures)
1.6.3
Provide on-going relocation assistance and advisory services to Displacees
affected by the acquisition of right of way and deliver a completed form ROW-R96 signed by the Displacee to the R/W-PD Office. On-going advisory services
includes monitoring the move of which the frequency and manner must match
the complexity of the relocation. The standard practice is that multiple in-person
site visits are to be made and documented in the contact log portion of the ROWR-96 which is submitted to R/W-PD Office at closing.
1.6.4
Locate, evaluate, and maintain files on comparable available housing to
complete Form ROW-R-106.
1.6.5
Compute and submit the request for relocation housing/rental supplement to the
R/W-PD Office on the form ROW-R-107 with supporting form ROW-R-106 with
photos attached.
1.6.6
Provide 90-day notice to vacate simultaneous with the delivery of relocation
benefits package. The 90-day notice may not be delivered prior to a personal
interview with the Displacee to determine the type, needs and eligibilities.
1.6.7
Provide 30-day notice once property has been acquired by the State. Note that
the Displacee must be given a total of 90-days’ notice.
1.6.8
Immediately notify the R/W-PD Office if the Displacee does not move after 30day notice expires.
1.6.9
Perform a decent, safe, and sanitary inspection of the replacement housing in
accordance with Department policy. Prepare and complete Form ROW-R-116
and submit to the R/W-PD Office.
1.6.10 For non-residential moves, Negotiated Self-Moves
1.6.10.1 If the moving plan for a Negotiated Self-Move exceeds $20,000
prepare Form R-119 (the moving plan) with appropriate photos and
sketches along with inventory of personal property that is identified to
be moved. This is required for pre-approval by the Department.
1.6.10.2 If the moving plan for a Negotiated Self-Move is less than $20,000 the
Provider must submit Form R-119 with an abbreviated moving plan for
the business owner or tenant. This includes photos, written inventory
list, type of move requested, and project move date. This is required
for pre-approval by the Department.
1.6.11 For all Negotiated Self-Moves, the Provider is responsible for requesting moving
estimates from moving companies. Moving estimates must be obtained by the
Provider and not the Displacee. Moving estimates must be prepared in writing
and in the name of the Department and not the Provider.
1.6.12 Coordinate and monitor moves with displaced homeowners, business owners,
tenants, and with moving companies in accordance with Department procedures.
1.6.13 Maintain relocation contact logs on Form ROW-R-96 journaling all attempted and
completed contacts with all parties. This includes descriptions of the reasons
and outcome for each contact. Copies of all displacees’ emails with date and
time sent, must be captured in the relocation agent’s contact logs (ROW-R-96).
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1.6.14 Attend closings on replacement property if requested by any party involved, and
assure supplemental payment is properly distributed.
1.6.15 Process and compute increased interest payments as required.
1.6.16 Relocation agent will be available for any appeals and hearings.
1.6.17 Prepare all relocation payment claim submissions for all Displacees in
accordance with Department guidelines and R/W Project Manager.
1.6.18 Deliver warrants in accordance with Department guidelines.
1.6.19 Issue Relocation Surveys to all Displacees.
1.6.20 Provide an executed Form ROW-R-CE (Certification of Eligibility) with all
Displacee claims.
1.6.21 The R/W-PD Office must approve the timing and content of any notice to a
Displacee relating to the proceedings prior to the Provider sending the notice.
1.7
Condemnation Support Services (Pre-Hearing Support)
1.7.1
Upon receipt of a copy of the final offer, request an updated title commitment for
Eminent Domain from the Title Company.
1.7.2
Prepare, if applicable, Bisection, Drainage Easement, Access Easement, and
Temporary Construction Easement clauses for the original set of Legal
Descriptions supplied by the Department.
1.7.3
Use the information from the Title Commitment to join all interested parties on
Department Form ROW-E-49. Spouses of owners must be joined.
1.7.4
Upon completion of the Department Form ROW-E-49, prepare a packet
containing 2 copies each of the following documents: ROW-E-49 form,
Commitment, Negotiator’s Reports, Appraisal Acknowledgment, Pre-appraisal
Contact Sheet, signed and sealed property description, and plat, Final Offer
Letter, any correspondence from the land owner or representatives, one original
copy of the appraisal report, and any real property records which are relevant to
any unusual joiner or service issue. Submit packet to the R/W Project Delivery
Office for submission to the Right of Way Division.
1.7.5
Upon receipt of concurrence for the Appraisal Witness, request the update of
appraisal.
1.7.6
Upon receipt of packet prepared by the Attorney General’s Office which will
include Petition for Condemnation, Lis Pendens, Order Appointing
Commissioners, Order Setting Hearing, Oath of Special Commissioner, and
Notice of Hearings, the Acquisition Provider will file the original petition with the
County Court at Law or other appropriate Court for a cause number to be
assigned.
1.7.7
File the Lis Pendens including the cause number with the County Clerk’s Office.
1.7.8
Send a copy of the condemnation petition to the Title Company and request an
updated title commitment. The Title Company needs to make sure the
appropriate parties were named in the petition and that no changes in title have
occurred. The actual cost charged by the Title Company for the title commitment
update will be paid by the Department as a direct past through and thus should
not be included in the Providers proposed fee schedule.
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1.7.9
Upon assignment of a court, file the Order Appointing Commissioners with the
judge, retaining a copy of the Order for the files.
1.7.10 Following appointment of Commissioners by the judge, secure the following
documents: Oath of Commissioners signed by the Commissioners, Order Setting
Hearing, 2 copies of the Notice of Hearing signed by the Commissioners.
1.7.11 File all originals with the court and send copies marked “copy” to R/W-PD Office
and the Assistant Attorney General.
1.7.12 If the updated appraisal does not change in value, set the date and time for the
Special Commissioners Hearing. If there is an increase in value, the Provider will
prepare the revised and final offer and send it to the appropriate parties by
CMRRR.
1.7.13 Send a written notice to the R/W-PD Office so that a conference room or court
room may be reserved for the hearing.
1.7.14 Coordinate the hearing date with the Assistant Attorney General, Appraiser,
representative from the R/W-PD Office, three (3) Commissioners, and a court
reporter.
1.7.15 Coordinate a Pre-Hearing conference prior to the hearing (the day before or
earlier) to discuss facts of the case with the Assistant Attorney General,
Appraiser, and R/W-PD Office.
1.7.16 After the Hearing is set, serve Notices of Hearing to the indicated parties at least
eleven (11) days prior to the Special Commissioners Hearing. If it is necessary to
join a federal agency, be advised that they have an additional sixty (60) days
after service of the Hearing to prepare. The scheduling of the Hearing must
allow for this additional time.
1.7.17 Once the notices have been served, file the original notices with the court and
send copies stamped “copy” to R/W-PD Office and Assistant Attorney General.
1.7.18 Send a reminder letter 2-3 weeks in advance to the Assistant Attorney General,
appraiser, three commissioners, court reporter, and R/W-PD Office concerning
Hearing dates.
1.8
Condemnation Support Services (Post Hearing Support)
1.8.1
For the hearing, prepare Form ROW-E-73 and commissioners time sheets.
Submit Department Form ROW-E-73 to R/W-PD Office.
1.8.2
Obtain the signatures of commissioners on four (4) duplicate originals of the
Award of Commissioners and file one with the court for the judge’s signature
within 48 hours of the Hearing. Have court clerk file-mark the four duplicate
originals and retain three.
1.8.3
Give timesheets to Judge. The Judge determines the amount paid to the
Commissioners.
1.8.4
Obtain and distribute 3 signed and file-marked copies of the Award as follows:
1.8.4.1
One file-marked copy to the title company with a request for a
commitment.
1.8.4.2
One file-marked copy to the Assistant Attorney General.
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1.8.4.3
1.9
2.0
One file-marked copy (or certified copy) to the R/W-PD Office with the
previously obtained Commitment to request submission for each
commissioner’s fee.
1.8.5
Send the Commitment and the file-marked Award to the R/W-PD Office. The
R/W-PD Office will prepare the payment submission for each commissioner’s
fee.
1.8.6
File state warrant in the registry of the court. File a Notice of Deposit with the
court and send certified copies to each defendant notifying them of the date of
the deposit. Note - The Date of Deposit is the Date of Take.
1.8.7
Take photograph of the interest to be acquired on the day of deposit for
relocation verification.
1.8.8
Send written notices of the date of deposit to the R/W-PD Office and all
interested parties.
1.8.9
Appear as Expert Witness as requested. Sub-Providers must also appear as
Expert Witnesses as requested.
Disposal of Property Services
1.9.1
Provide a Release of Property to the R/W-PD Office signed by the former owner
stating that all personal property has been removed and any remaining items
belong to the state.
1.9.2
Provide the R/W-PD Office a digital copy of the Form 1135, a copy of the plat
and field notes, photographs of the property in a PDF format, a copy of the
appraisal, and the Release of Property form when buildings are vacant and ready
for disposal. The R/W-PD Office will initiate the environmental surveys as
needed.
1.9.3
When the environmental survey is complete, the R/W-PD Office will send the
information about the property to abatement/demolition contractors who have
been pre-selected and awarded blanket purchase orders by the Department’s
General Services Division.
FEE SCHEDULE – PAYMENT MILESTONES:
2.1
Project Administration Fee with Project Field Office when required by the R/W-PD Office.
2.1.1
Payment made on a Fee for Service basis per month of operation. In the event
of a partial month of operation, a pro-rate payment is eligible.
2.1.2
One monthly billing for Project Administrative Services may be included (if
applicable) on each monthly invoice for each active Work Authorization.
2.1.3
All PROFIT, management fees, salaries, travel, employee benefits, telephone,
equipment, supplies, postage, certified mail costs, etc. are to be included in the
monthly invoice for Project Administration Services.
2.1.4
The number of months authorized for Project Administration Fees will be shown
on each Work Authorization document and does not necessarily equate to the
total number of months for which the work authorization is authorized. Example;
an 18 month work authorization could include any number of months from zero to
18 that are authorized for Project Administration Fees.
2.1.5
The actual cost of rent for the project field office, trash pickup, and utilities
consisting of electricity, natural gas, water and wastewater will be a direct pass
through cost. As direct pass through costs, these fees must not be included in
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the Provider’s negotiated fee schedule and profit and management fees specific
to the past field office are not eligible.
2.2 Project Administration Fee without project field office
2.3
2.2.1
Payment made on a Fee for Service basis per month of operation. In the event
of a partial month of operation, a pro-rate payment is eligible.
2.2.2
One monthly billing for Project Administrative Services may be included (if
applicable) on each monthly invoice for each Work Authorization.
2.2.3
All PROFIT, management fees, salaries, travel, employee benefits, telephone,
equipment, supplies, postage, certified mail charges, etc. are to be included in
the monthly invoice for Project Administration Services.
2.2.4
The number of months authorized for Project Administration Fees will be shown
on each Work Authorization document and does not necessarily equate to the
total number of months for which the work authorization is authorized. Example;
an 18 month work authorization could include any number of months from zero to
18 that are authorized for Project Administration Fees.
Fee for Title and Closing Service
2.3.1
Payment made on per parcel basis
2.3.2.
10% payment milestone paid upon securing initial title commitment or securing
update title commitment.
2.3.2.1 If the Department has chosen to provide the initial title commitment, the
Provider would not be eligible for the first milestone payment for Title and
Closing Services. However, if the Provider has to secure an updated title
commitment, then the Provider becomes eligible for the first milestone
payment.
2.4
2.5
2.6
2.3.3
40% payment milestone paid upon submission of acceptable payment package
or issuances of final offer letter.
2.3.4
20% payment milestone paid upon attending closing.
2.3.5
30% payment milestone paid upon issuance of title policy or alternative method
acceptable by the Department (i.e.; Attorney’s Certificate).
Fee for Real Estate Appraisal Services
2.4.1
Payment made on per parcel basis
2.4.2
100% payment milestone paid upon delivery of complete and acceptable
appraisal report.
Fee for Real Estate Review Services
2.5.1
Payment made on per parcel basis
2.5.2
100% payment milestone paid upon submission of Department ROW-A-10.
Fee for Negotiation Service
2.6.1
Payment made on per parcel basis
2.6.2
25% payment milestone paid upon presentation of initial offer.
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2.6.3 45% payment milestone paid upon presentation of final offer with R/W-PD office
concurrence or acceptable payment submission with clear title or confirmation
that title will be clear by receipt of warrant.
2.6.4
2.7
30% payment milestone paid upon the completed closing of the parcel.
Fee for Residential Relocation Assistance Service
2.7.1
Payment made on per Displacee basis
2.7.2
40% payment milestone paid upon;
2.7.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to R/W-PD Office .
2.7.2.2 Delivery of computation, submittal and approval of replacement housing
supplement to R/W-PD Office.
2.7.2.3 Submitting proof of providing 90-day notice to Displacee after initial
interview. Displacee may not receive a 90-day notice prior to an initial
interview. If Displacee is not entitled to relocation benefits by virtue of not
being legally present in the United States, this milestone would be
reduced to a single milestone of 10%.
2.7.3
30% payment milestone paid upon
2.7.3.1 Submitting memorandum to R/W-PD Office reporting the actual date the
Displacee vacated parcel and includes detailed documentation (as
directed by the R/W-PD Office) of the move. This assumes the
replacement housing has been acquired and the move was monitored by
the Provider.
2.7.4
30% payment milestone paid upon;
2.7.4.1 Transmittal of memorandum to the R/W-PD Office stating that all
relocation assistance has been completed.
2.7.4.2 Submittal of completed file to R/W-PD Office with documents filed by
date of activity. Completed file documents must contain; all contacts with
the Displacee, completed claim forms, copies of all payment submissions
for relocation assistance, and signed form (in a checklist format, as
directed and approved by the R/W-PD Office) by Displacee verifying
move is completed and all benefits have been explained to them.
2.8
Fee for Business Relocation Assistance Service
2.8.1
Payment made on per Displacee basis
2.8.2
25% payment milestone paid upon;
2.8.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to R/W-PD Office.
2.8.2.2 Providing 90-day notice to Displacee. Displacee may not receive a 90day notice prior to an initial interview. If Displacee is not entitled to
relocation benefits by virtue of not being legally present in the United
States, this milestone would be reduced to a single milestone of 10%.
2.8.3
35% payment milestone paid upon;
2.8.3.1 Submitting memorandum to R/W-PD Office reporting the actual date the
Displacee vacated parcel and includes detailed documentation (as
directed by the R/W-PD Office) of the move. This assumes the move
was monitored.
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2.8.4 40% payment milestone paid upon;
2.8.4.1 Transmittal of memorandum to R/W-PD Office stating that all relocation
assistance has been completed.
2.8.4.2 Submittal of completed file to R/W-PD Office with documents filed by
date of activity. Completed file documents must contain; all contacts with
the Displacee, completed claim forms and copies of all payment
submissions for relocation assistance, and signed form (in checklist
format, as directed and approved by the R/W-PD Office) by the
Displacee verifying move is completed and all benefits have been
explained to them.
2.9
Fee for Personal Property and Storage Unit Relocation Assistance Service
2.9.1
Payment made on per Displacee basis
2.9.2
45% payment milestone paid upon;
2.9.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to R/W-PD Office.
2.9.2.2 Providing 90-day notice to Displacee. Displacee may not receive a 90day notice prior to an initial interview. If Displacee is not entitled to
relocation benefits by virtue of not being legally present in the United
States, this milestone would be reduced to a single milestone of 10%.
2.9.3
55% payment milestone paid upon;
2.9.3.1 Transmittal of memorandum to R/W-PD Office stating that all relocation
assistance has been completed.
2.9.3.2 Submittal of completed file to R/W-PD Office with documents filed by
date of activity. Completed file documents must contain; all contacts with
the Displacee, completed claim forms and copies of all payment
submissions for relocation assistance, and signed form (in checklist
format, as directed and approved by the R/W-PD Office) by the
Displacee verifying move is completed and all benefits have been
explained to them.
2.10
Fee for Outdoor Advertising Sign Relocation Assistance Service
2.10.1 Payment made on per Displacee basis
2.10.2 45% payment milestone paid upon;
2.10.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to R/W-PD Office.
2.10.2.2 Providing 90-day notice to Displacee. Displacee may not receive a 90day notice prior to an initial interview. If Displacee is not entitled to
relocation benefits by virtue of not being legally present in the United
States, this milestone would be reduced to a single milestone of 10%.
If necessary, the Provider will obtain moving estimates and submit the
fully executed Form R-119 to the R/W-PD Office for pre-approval.
2.10.3 55% payment milestone paid upon;
2.10.3.1 Transmittal of memorandum to R/W-PD Office stating that all
relocation assistance has been completed.
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2.10.3.2 Submittal of completed file to R/W-PD Office with documents filed by
date of activity. Completed file documents must contain; all contacts
with the Displacee, completed claim forms and copies of all payment
submissions for relocation assistance, and signed form (in checklist
format, as directed and approved by the R/W-PD Office) by the
Displacee verifying move is completed and all benefits have been
explained to them.
2.11
Fee for Condemnation Support Services
2.11.1 Payment made on per parcel basis
2.11.2 30% payment milestone paid upon;
2.11.2.1 Receipt of the submission of an RTE-49 acceptable to the R/W-PD
Office.
2.11.2.2 With written approval by R/W-PD Office, the provider may be
instructed to begin the administrative preparation of the ROW-E-49
package after the initial offer letter is presented to the property owner.
In all cases, to receive payment for this milestone, the provider must
complete and submit a form ROW-E-49 acceptable to the R/W-PD
Office.
2.11.3 45% payment milestone paid upon;
2.11.3.1 Setting the date for the Special Commissioners Hearing and providing
the R/W-PD Office with a copy of the completed order setting the
Hearing signed by all Special Commissioners.
2.11.3.2 In some cases, all of the requirements to complete the 45% milestone
may have been completed and the Special Commissioners Hearing is
cancelled due to no fault of the Provider. In such cases, if TxDOT
requires the Provider to obtain a new order setting hearing and to
serve all parties again, the 2nd milestone of 45% is eligible for a second
payment.
2.11.4 15% payment milestone paid upon service of the notice of Hearing.
2.11.5 10% payment milestone paid upon Notice of Deposit.
2.12
Fee for Disposal of Property Services
2.12.1 Payment made on per Parcel basis.
2.12.2 100% Payment Milestone upon acceptance of the Form 1135, a copy of the plat
and field notes, photographs of the property in a PDF format, a copy of the
appraisal, and the Release of Property form when buildings are vacant and ready
for disposal. The R/W-PD Office will have initiated the environmental surveys as
needed.
3.0
SERVICE REQUIREMENTS OF TxDOT: Services shall include, but are not limited to the
following activities
3.1
Assurance of ROW Project Release.
3.2
Provide an approved Right of Way Map.
3.3
Input data into Right of Way Information System (ROWIS).
3.4
Input data into Professional Services - Contract Administration and Management System
(PS-CAMS)
3.5
Provide timely reviews and approval of submissions.
3.6
Provide all necessary standard forms and brochures.
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4.0
5.0
3.7
Process and issue all payments of approved purchase prices for each parcel, relocation
payment, and incidental expense involved in the transfer of property to the Department in
accordance with State law.
3.8
Provide final approval for all appraisals, relocation supplements, and moving payments.
3.9
Provide a copy to the Provider of their performance evaluation when completed.
3.10
May conduct surveys of property owners and Displacees to determine quality of
performance by the Provider.
3.11
Initiate, coordinate, and administer environmental investigation surveys.
3.12
Will pay direct cost charged by the Title Company for preliminary title commitments,
update title commitments and title insurance for all parcels assigned in the work
authorization.
3.13
Will pay direct cost of incidental expenses required to transfer real property to the state,
fees related to obtaining certified court documents, fees for recording court documents,
filing the petition in eminent domain cases and any other recording fees for all original
instruments. TxDOT will not pay legal expenses incurred by the Provider.
SUBPROVIDERS: Sub-Providers providing service under the work authorization shall meet the
same requirements and level of experience as required of the respondent. No subcontract under
the purchase order shall relieve the primary respondent of responsibility for the service. If the
respondent uses a Sub-Provider for any or all of the work required, the following conditions shall
apply under the listed circumstances:
4.1
Respondents planning to subcontract all or a portion of the work shall identify the
proposed Sub-Providers.
4.2
Subcontracting shall be at the respondent’s expense.
4.3
The Department retains the right to check Sub-Provider’s background and make a
determination to approve or reject the use of submitted Sub-Providers.
4.4
The respondent shall be the only contact for the Department and Sub-Providers and shall
list a designated point of contact for all Department and Sub-Provider inquiries.
4.5
Disadvantaged Business Enterprise for Federal-Aid Professional Services Contracts.
4.5.1
It is the policy of the United States Department of Transportation and the Texas
Department of Transportation (henceforth the “Department”) that Disadvantaged
Business Enterprises (DBEs) as defined in 49 CFR Part 26, Subpart A and the
Department’s Disadvantaged Business Enterprise Program, shall have the
opportunity to participate in the performance of contracts financed in whole or in
part with Federal funds. Consequently, the Disadvantaged Business Enterprise
requirements of 49 CFR Part 26, and the Department’s Disadvantaged Business
Enterprise Program, apply to a contract resulting from this RFP.
4.5.2
The goal for Disadvantaged Business Enterprise (DBE) participation in the work
to be performed under a contract resulting from this RFP is three percent (3%) of
the work assigned and performed.
4.5.3
A copy of DBE Certification will be supplied to the Right of Way Division for each
company (including each sub-provider) claiming DBE status.
PERFORMANCE MEASURES: As a performance based contract, all work performed will be
evaluated in relation to the contracted scope of work and the timeliness of the deliverables.
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SECTION 5
General Terms and Conditions
1.0
If the Provider is successful in scoring the minimum threshold points for this RFP and a contract
is executed for ROWAPS services, standard general contract terms and conditions will be used.
Contract terms and conditions are not negotiable.
2.0
The general terms and conditions in the contract include, but are not limited to the following:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
Scope of Services and Work Schedule
Method of Payment
Work Authorizations
Progress Reports
Suspension
Additional Work
Changes in Work Due to Errors
Supplemental Agreements/Work Authorizations
Public Information Act / Ownership and Confidentiality
Personnel, Equipment and Material
Audit
Subcontracting
Evaluation of Work
Submission of Reports
Violation of Contract Terms / Breach of Contract
Termination
Compliance with Laws
Indemnification
Acquisition Provider’s Responsibility
Non-collusion
Insurance
Gratuities
Disadvantaged Business Enterprise
Retention, Availability of Records, and Audit Requirements
Debarment Certification
Lobbying Certification / Disclosure
Civil Rights Compliance
Intellectual Property Rights
Property Management and Procurement Standards
Computer Graphics Files
Debt to the State
Prompt Pay
Acquisition Provider’s List
Child Support Certification
Successors and Assigns
Severability
Prior Contract Superseded
Conflict of Interest
Nepotism Disclosure
Office of Management and Budget Audit Requirements
Page 24 of 70
ROWAPS 55-4RFPP001
SECTION 6
Qualifications, Experience, Performance and Capacity of the Company
1.0
EVALUATION CRITERIA FOR THE COMPANY: For the purposes of the Professional
Qualifications, Experience and Performance, the work must have been provided for a
Condemning Authority between the 5-year period from April 2009 through April 2014.
1.1
For this proposal, Professional Qualifications and Experience are considered to be
services performed for Condemning Authorities in the following categories.
Service #1 - Project Management Services
Service #2 - Title and Closing Services
Service #3 - Appraisal Services
Service #4 – Appraisal Review Services
Service #5 – Negotiation/Acquisition Services
Service #6 - Relocation Assistance Services
Service #7 – Condemnation Support Services
Service #8 - Disposal of Property Services
1.2
As a performance based professional service the past performance and capacity of a
Provider and their Sub-Providers are to be considered in the scoring of this RFP. Items
to be considered include the following.
1.2.1
Provide copies of Letters or Performance Evaluations from each condemning
authority shown in the log at the end of Section 6 that will be used to support the
number of R/W Parcels for which your company provided ROWAPS type
services in the 5-year period from April 2009 through April 2014.
1.2.1.1 The Letters and Performance Evaluations should be signed by an
authorized representative of the condemning authority specifying that the
services were acceptable. The exact words “services were acceptable”
do not have to appear in the letter, but the TxDOT Evaluation Team must
be able to come to that conclusion by reading the document.
1.2.1.2 Place the Experience Verification Letters or Performance Evaluations for
the Company behind Section 6 of the completed RFP. Copies of letters
and evaluation documents are acceptable.
1.2.1
Executed copies of a written intention to work as a Sub-Provider for every SubProvider listed in this RFP must be included at the end of Section 6 of the
completed RFP.
1.2.2
An executed copy of the “Lobbying Certification Disclosure Form” for every SubProvider listed in this RFP must be included behind Section 6 of the completed
RFP. A blank copy of the form is found in Section 18 of this RFP.
Page 25 of 70
ROWAPS 55-4RFPP001
2.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in this Section (6)
equals 50% of the total possible score; i.e. each of the 5 possible points for this section will be
weighted to equal 13 per point. The final score for this section will be rounded to the nearest
whole number.
Table 6.1
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in this section
(equals) Weighted point value for each possible point scored in this section
130
50%
65.0
5
13.0
Page 26 of 70
ROWAPS 55-4RFPP001
3.0
SCORING MATRIX FOR COMPANY’S PROFESSIONAL QUALIFICATIONS & EXPERIENCE:
Table 6.2
Provided ROWAPS style services for a total of 10 to 25 parcels on R/W Projects subject to
Eminent Domain from April 2009 through April 2014
and
Performed a total of 3 or more of the services shown in the list from Section 6, Item 1.1
1
Point
and
Submitted copies of Letters or Performance Evaluations that represent at least 20%
of the R/W Projects shown in the log at the end of Section 6
and
The Letters and Performance Evaluations indicated the Provider’s work
performance to be acceptable
Provided ROWAPS style services for a total of 26 to 50 parcels in R/W Projects subject to
Eminent Domain from April 2009 through April 2014
and
Performed a total of 4 or more of the services shown in the list from Section 6, Item 1.1
3
Points
and
Submitted copies of Letters or Performance Evaluations that represent at least 30%
of the R/W Projects shown in the log at the end of Section 6
and
The Letters and Performance Evaluations indicated the Provider’s work
performance to be acceptable
Provided ROWAPS style services totaling more than 50 parcels in R/W Projects subject to
Eminent Domain from April 2009 through April 2014
and
Performed a total of 5 or more of the services shown in the list from Section 6, Items 1.1
5
Points
and
Submitted copies of Letters or Performance Evaluations that represent at least 50%
of the R/W Projects shown in the Log at the end of Section 6
and
The Letters and Performance Evaluations indicated the Provider’s work
performance to be acceptable
Page 27 of 70
ROWAPS 55-4RFPP001
Table 6.3
EXPERIENCE VERIFICATION LOG FOR THE ROWAPS COMPANY
Assignment Completed
Year
Month
No. of Parcels
Name of CA
Condemning Authority (CA) Information
Hwy Project
List the Service
Identification
Numbers Performed
(See note 2 below)
(See note 3 below)
Type of Support
Documentation
(Letter or Evaluation)
Total
Note 1: Add rows as necessary
Note 2: Number and name of highway or project; i.e., IH-35 in Waco, TX
Note 3: List the numbers of the services shown under the numbers listed below. In other words, if you performed or managed the
performance of services for Project Management, Appraisal, and Negotiation, you would list Services #1, #3 and #5.
Service #1 - Project Management
Service #2 – Title and Closing
Service #3 – Appraisal Services
Service #4 – Appraisal Review
Service #5 – Negotiation
Service #6 - Relocation
Service #7 – Condemnation Support
Service #8 – Disposal of Property
Page 28 of 70
ROWAPS 55-4RFPP001
SECTION 7
Meeting Scheduling Demands
1.0
EVALUATION CRITERIA: Provide a sample of a Project Management Schedule by providing a
sample of a Work Breakdown Structure (WBS) and a Gantt chart that show the life cycle of work
activity required to bring a single parcel into possession of the state for a transportation project.
Although the WBS and the Gantt chart are sometimes combined in practical application, for the
purposes of this RFP, you will need to provide two separate items.
2.0
DESCRIPTION OF THE PROJECT: For the purposes of this RFP, there are no restrictions as to
the number of parcels or complexity of the project. The WBS and Gantt chart can be a project
the Provider has managed during the past five years from April 2009 through April 2010, or the
project can be manufactured. The task is to provide a WBS and Gantt chart that clearly show
that the Provider has full and working knowledge of the project life cycle of a right of way project.
3.0
REQUIREMENTS FOR THE WORK BREAKDOWN STRUCTURE (WBS):
3.1
The WBS must break down the project into specific activities with estimated durations
and sequencing. In other words;
3.1.1
3.1.2
3.1.3
4.0
Identify each work activity.
The duration (calendar time) it will take to accomplish each work activity; i.e.;
when each task is expected to begin and end.
Identification of dependencies between activities; i.e., how and where an
immediate predecessor work task relates to the next work task.
3.2
The WBS should use a multiple level breakdown for each work activity including;
summary tasks, work packages, activities, tasks and subtasks. The amount of work at
any one level must be the sum of all the work in the next lower level. The primary
objective of the WBS is to identify all the tasks required to produce the deliverables.
3.3
The WBS should be presented in the form of an outline.
REQUIREMENTS OF THE GANTT CHART:
4.1
The Gantt chart must be prepared from a commercial project scheduling software with
tracking and presentation capability equal or superior to “Microsoft Project” Software.
4.2
All of the major milestones supported by the WBS should be shown on a Gantt chart.
4.3
The Gantt chart should be shown in a landscape format with the length of the paper
being 8-1/2”. The width can be 11”, 14” or at a maximum, 17”. Fold the chart to fit
behind Section 7 of the completed RFP.
4.4
Graph may be printed in multi-color or black.
Page 29 of 70
ROWAPS 55-4RFPP001
5.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in this Section (7)
equals 15% of the total possible score; i.e. each of the 5 possible points for this section will be
weighted to equal 3.9 per point. The final score for this section will be rounded to the nearest
whole number.
Table 7.1
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in this section
(equals) Weighted point value for each possible point scored in this section
130
15%
19.5
5
3.9
Table 7.2
1
Point
WBS and Gantt chart are shown, but detail regarding major milestones are lacking
3
Points
WBS is shown in an outline format that shows major milestones for service tasks
and
Gantt chart is produced from a commercial project scheduling software with tracking and
report presentation capability
5
Points
WBS is shown in an outline format that shows major milestones for service tasks
and
Gantt chart is produced from a commercial project scheduling software with tracking and
report presentation capability.
and
Gantt chart identifies timelines for all work activities and sequencing of major activities to
reach each major milestone for all service tasks
Page 30 of 70
ROWAPS 55-4RFPP001
SECTION 8
Professional Qualifications and Experience for the Individual Service Disciplines
1.0
EVALUATION CRITERIA FOR THE INDIVIDUAL SERVICE CATEGORIES: Your ROWAPS
team can include as many right-of-way professionals as you choose, but the minimum is 11
individuals all of which must be different persons. The team members may be either employees
or sub-providers. .
Table 8.1
Service
No.
#1
#2
#3
#4
#5
#6
#7
Totals
Minimum No. of Team Staff
1
1
5 (see note below)
1
1
1
1
11
Service Description
Project Management
Title and Closing Specialist
Real Estate Appraisers
Negotiation Agents
Relocation Assistance Specialists
Condemnation Support Specialist
Disposal of Property Specialist
Note for Table 8.1: The minimum number of Appraisers to be submitted by the Provider is five (5). An
individual Appraiser may perform both appraisal and appraisal review services as a member of the
Provider’s team, but cannot prepare an appraisal report and an appraisal review report for parcels located
within the same Right-of-Way Project.
If a contract is awarded, the possibility of the location of the property to be appraised, project complexity
and work schedule of one of more of the individual Appraisers on your team roster may require the
Provider to expand the team roster for Real Estate Appraisal Services. This can be accomplished by
supplementing the team roster with one or more additional Appraisers chosen from the Department’s list
of Appraisers that are under individual contract with the Department at their contracted rate schedule.
The list of Appraisers under contract with the Department is found under the bullet outline titled
“Opportunities” at the following link: http://www.txdot.gov/business.html
2.0
COMPLETING THE PRIMARY PERSONNEL ROSTER: To support a basic capacity, the
Provider’s Personnel Team must carry a minimum of 11 different individuals as shown in Table
8.1 above. The 11 individuals shown on the Provider’s Primary Personnel Roster cannot be
employees of another company that is responding to this RFP. Individuals working as
subcontractors in their area of subject matter expertise are not restricted from being listed on
other Providers RFP responses.
Example 1: R.J. Steinbeck owns and operates a small ROWAPS company, but his company is
not responding to this RFP. Mr. Steinbeck is listed on your Primary Personnel Roster as an
individual that will be working for the Provider as a subcontractor Relocation Agent. As an
individual, Mr. Steinbeck may be listed on other Providers Personnel Team Rosters in addition to
your RFP.
Example 2: If Mr. Steinbeck’s company responds to the RFP, neither his company nor he may be
listed as a subcontractor for another Provider for the purposes of this RFP.
Page 31 of 70
ROWAPS 55-4RFPP001
Table 8.2
Primary Subject Matter Expert Roster
Primary Service Category
Name of Primary Subject Matter Experts
(must be 11 Different Individuals)
Project Manager Specialist
Title and Closing Specialist
Individual Appraiser
Individual Appraiser
Individual Appraiser
Individual Appraiser
Individual Appraiser
Negotiation/Acquisition Agent
Relocation Agent
Condemnation Support Specialist
Disposal of Property Specialist
3.0
COMPLETING THE ADDITIONAL CAPACITY PERSONNEL ROSTER: To support additional
capacity, the Provider may choose to list additional individuals with qualifying subject matter
expertise that can be used in a Work Authorization.
4.0
For the purposes of this RFP, a Provider may use the individuals listed above to perform services
for a Work Authorization at the following levels.
4.1
May be used to replace the Primary Subject Matter Expert if their qualifications are equal
to or superior to the Primary Subject Matter Expert. If the individual has qualifications
less than the Primary Subject Matter Expert, the may work on the project but must report
directly to the Primary Subject Matter Expert. This provides the opportunity for cross
training and new personnel in order to offer a greater capacity to TxDOT in the
assignment of Work Authorizations based on location, complexity and pertinent business
needs.
4.2
May be used to supplement the Primary Subject Matter Expert if their qualifications are
less than the Primary Subject Matter Expert. This provides the opportunity for initial and
cross training for personnel in order to offer a greater capacity to TxDOT in the
assignment of Work Authorizations based on location, complexity and pertinent business
needs.
4.3
Individuals already listed on the Primary Subject Matter Expert Roster can also be listed
on the Additional Capacity Roster if they meet the qualifications and experience of other
ROWAPS service categories.
Example: W. Robinson is listed on the Primary Subject Matter Expert Roster as a Project
Manager. Assuming the minimal Q&E are met, Mr. Robinson may also be listed as on the
Additional Capacity Subject Matter Roster for any of the other services.
4.4
As in the case of the roster for the Primary Subject Matter Experts, the individuals listed
on the Additional Capacity Personnel Roster cannot be employees of another company
that is responding to this RFP. Individuals working as subcontractors in their area of
subject matter expertise are not restricted from being listed on other Providers RFP
responses.
Page 32 of 70
ROWAPS 55-4RFPP001
Table 8.3 Additional Capacity Subject Matter Experts (see note below the table)
Service Category
Additional Capacity - Name of Individuals
Note for Table 8.3: Individuals shown as Additional Capacity Subject Matter Experts must
complete the Qualifications and Experience Certification Sheets exactly the same as a Primary
Subject Matter Expert.
3.0
MAXIMUM POINTS POSSIBLE: No points can be scored for Section 8. The Qualifications and
Experience for the persons listed on the Provider’s Personnel Team shown on the following Table
will be evaluated as individuals in Sections 9 through 15.
Page 33 of 70
ROWAPS 55-4RFPP001
SECTION 9
Qualifications and Experience for Project Managers
1.0
PROJECT MANAGERS - CRITERIA FOR QUALIFICATIONS AND EXPERIENCE:
Table 9.1
2.0
3.0
1
Point
Project Management Experience on R/W Projects under threat of Condemnation
totaling
less than 25 parcels
3
Points
Project Management Experience on R/W Projects under threat of Condemnation
totaling
25 to 50 parcels
5
Points
Project Management Experience on R/W Projects under threat of Condemnation
totaling
More than 50 parcels
and
Professional Designation, Certification or Degree in Project Management
PROJECT MANAGERS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Project Managers that must meet qualifications in response to
this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional persons to qualify as Project Managers, but each individual must qualify
on their own merits in order to be listed on the final personnel roster as a Project
Manager. Copy the blank “Log for Qualifications and Experience” for a Project Manager
provided at the end of Section 9.
PROJECT MANAGERS - PROFESSIONAL DESIGNATION, CERTIFICATION OR DEGREE:
3.1
For Project Managers, a professional designation, certification or degree is considered to
be:
3.1.1
An active designation or certification by a national or international organization
which requires training, experience, and testing in the field of project
management. For the purposes of this RFP, a professional generalist
designation or certification for right of way industry professionals qualifies for a
Professional Designation as a Project Manager. Example; SR/WA Designation
from the International Right of Way Association or PMP Certification from the
Project Management Institute; or
3.1.2
An associate’s degree or college degree in Project Management, or
3.1.3
An active Professional Engineer License.
Page 34 of 70
ROWAPS 55-4RFPP001
4.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
this RFP, further support documentation is not required beyond the completion of the individual’s
Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
5.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 9.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
Page 35 of 70
ROWAPS 55-4RFPP001
PROJECT MANAGER #1 – QUALIFICATIONS & EXPERIENCE:
6.0
6.1 Project Manager Name:(first)
(last)
6.2 Primary Residence: (city)
(state)
6.3 Employment (employee of Prime Provider or Subcontractor):
6.4 Professional designation, certification or degree (sponsoring entity and initials; i.e.; Project
Management Institute-PMP) or Civil Engineer License 7803
6.5 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 9.3
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for a Project Manager
Month
(note 1)
No. of Parcels
(note 2)
Name of CA
(note 3)
Project Identification
(note 4)
Total
Note 1:
Year and month in which you, as a Project Manager were actively engaged in performing
Project Management tasks such as scheduling, budgeting, invoicing, quality control, etc. The
experience should have taken place between the period of April 2009 and April 2014.
Note 2:
As Project Manager for any single or multiple R/W Projects listed in the table above, the
aggregate number of parcels is 50. Extra credit for more than 50 parcels will not be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Project Manager; i.e.
Lower Colorado River Authority
Note 4:
Project Identification; i.e., IH-35 TxDOT project, Waco.
Page 36 of 70
ROWAPS 55-4RFPP001
SECTION 10
Qualifications and Experience for Title and Closing Specialists
1.0
TITLE AND CLOSING SPECIALISTS - CRITERIA FOR QUALIFICATIONS AND EXPERIENCE:
Table 10.1
2.0
1
Point
Title and Closing Experience on R/W Projects under threat of Condemnation totaling
less than 25 parcels
3
Points
Title and Closing Experience on R/W Projects under threat of Condemnation totaling
25 to 50 parcels
5
Points
Title and Closing Experience on R/W Projects under threat of Condemnation totaling
More than 50 parcels
TITLE AND CLOSING SPECIALISTS - NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Title and Closing Specialists that must meet qualifications in
response to this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional persons to qualify as Title and Closing Specialists, but each individual
must qualify on their own merits in order to be listed on the final personnel roster as a
Title and Closing Specialist. Copy the blank “Log for Qualifications and Experience” for a
Title and Closing Specialist at the end of Section 10.
3.0
TITLE AND CLOSING SPECIALISTS - PROFESSIONAL DESIGNATION/CERTIFICATION:
Not required.
4.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
this RFP, further support documentation is not required beyond the completion of the individual’s
Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
5.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 10.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
Page 37 of 70
ROWAPS 55-4RFPP001
6.0
TITLE AND CLOSING SPECIALIST #1 - QUALIFICATIONS & EXPERIENCE:
6.1 Title & Closing Specialist Name:(first)
(last)
6.2 Primary Residence: (city)
(state)
6.3 Employment (employee of Prime Provider or Subcontractor):
6.4 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 10.3
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for a Title and Closing Specialist
Month
(note 1)
No. of Parcels
(note 2)
Name of CA
(note 3)
Project Identification
(note 4)
Total
Note 1:
Year and month in which you, as a Title and Closing Specialist were actively engaged in
performing Title and Closing tasks. The experience should have taken place between the
period of April 2009 and April 2014.
Note 2:
As a Title and Closing Specialist for any single or multiple R/W Projects listed in the table
above, the aggregate number of parcels is 50. Extra credit for more than 50 parcels will not
be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Project Manager; i.e.
Lower Colorado River Authority
Note 4:
Project Identification; i.e., IH-35 TxDOT project, Waco.
Page 38 of 70
ROWAPS 55-4RFPP001
SECTION 11
Professional Qualifications and Experience for Real Estate Appraisers
1.0
REAL ESTATE APPRAISERS – CRITERIA FOR QUALIFICATIONS AND EXPERIENCE:
Table 11.1
1
Point
3
Points
5
Points
2.0
State Certification as a General Real Estate Appraiser issued by the Texas Appraiser Licensing
and Certification Board
and
TxDOT Pre-Certification
State Certification as a General Real Estate Appraiser issued by the Texas Appraiser Licensing
and Certification Board
and
TxDOT Pre-Certification
and
Signature Appraiser or Provided Substantial Assistance for less than 10 non-residential real
property appraisals or review of such appraisals on property subject to Eminent Domain
State Certification as a General Real Estate Appraiser issued by the Texas Appraiser Licensing
and Certification Board
and
TxDOT Pre-Certification
and
Signature Appraiser for more than 10 non-residential real property appraisals on property or
review of such appraisals on property subject to Eminent Domain
and
Professional Designation
APPRAISERS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Appraisers to be submitted by the Provider is five (5). An
individual Appraiser may perform both appraisal and appraisal review services as a
member of the Provider’s team, but cannot prepare an appraisal report and an appraisal
review report for parcels located within the same Right-of-Way Project.
2.2
Each individual Appraiser must qualify on their own merit in order to be listed on the final
personnel roster. There are five blank Experience Logs provided for the Appraisers at
the end of Section 11. The completed Experience Logs should be placed at the end of
Section 11 of the completed RFP.
2.3
If a contract is awarded, the possibility of the location of the property to be appraised,
project complexity and work schedule of one of more of the individual Appraisers on your
team roster may require the Provider to expand the team roster for Real Estate Appraisal
Services. This can be accomplished by supplementing the team roster with one or more
additional Appraisers chosen from the Department’s list of Appraisers that are under
individual contract with the Department at their contracted rate schedule. The list of
Appraisers under contract with the Department is found under the bullet outline titled
“Opportunities” at the following link.
http://www.txdot.gov/business.html
Page 39 of 70
ROWAPS 55-4RFPP001
3.0
APPRAISERS - PROFESSIONAL DESIGNATION: Additional points can be scored if the
Appraiser has an active professional designation. For the purposes of this RFP, a Professional
Designation for an Appraiser is considered to be a designation awarded by a national or
international organization which has adopted the Standards of Professional Appraisal Practice
(USPAP) for professional appraisal practice in North America and promulgated by the Appraisal
Standards Board of the Appraisal Foundation. In addition, the organization must require training,
experience, testing and recertification in the field of real estate appraisal.
4.0
APPRAISERS – PROFESSIONAL LICENSE: An active State Certification as a General Real
Estate Appraiser issued by the Texas Appraiser Licensing and Certification Board.
5.0
APPRAISERS - EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s
reporting of professional experience is self-certified by the individual and for the purposes of
responding to this RFP, further support documentation is not required beyond the completion of
the individual’s Experience Log. The Department retains the right during the evaluation and if
working under a contract, to request additional support documentation from the Prime Provider
Company or any of the individual team members regarding their qualification, experience or
performance. Experience must be between the periods of April 2009 and April 2014.
6.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 11.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
Page 40 of 70
ROWAPS 55-4RFPP001
7.0
EXPERIENCE LOG FOR APPRAISER #1:
7.1 Appraiser’s Name:(first)
(last)
7.2 Primary Residence: (city)
(state)
7.3 Employment (employee of Prime Provider or Subcontractor):
7.4 Texas State Certification Number as a General Real Estate Appraiser:
7.5 Expiration Date of TxDOT Pre-Certification:
If the Appraiser needs assistance in verifying the expiration date your Department contact is
David Wilson at david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
7.6 Professional Certification (entity and certification initials; i.e. “Appraisal Institute-MAI)::
7.7 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 11.3
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for an Appraiser
Month
(note 1)
Appraisal Assignment
(note 2)
Signature Appraiser or Provided
Substantial Assistance
Total
Note 1:
Year and month in which you completed the appraisal assignment. The experience should
have taken place between the period of April 2009 and April 2014.
Note 2:
For the purposes of this RFP, the type of “Appraisal Assignment” must be non-residential and
can be generally defined as a Primary Report or a Review Report. The update of either a
Primary Report or a Review Report is considered to have met the definition.
Page 41 of 70
ROWAPS 55-4RFPP001
8.0
EXPERIENCE LOG FOR APPRAISER #2:
8.1 Appraiser’s Name:(first)
(last)
8.2 Primary Residence: (city)
(state)
8.3 Employment (employee of Prime Provider or Subcontractor):
8.4 Texas State Certification Number as a General Real Estate Appraiser:
8.5 Expiration Date of TxDOT Pre-Certification:
If the Appraiser needs assistance in verifying the expiration date your Department contact is
David Wilson at david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
8.6 Professional Certification (entity and certification initials; i.e. “Appraisal Institute-MAI)::
8.7 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 11.4
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for an Appraiser
Month
(note 1)
Appraisal Assignment
(note 2)
Signature Appraiser or Provided
Substantial Assistance
Total
Note 1:
Year and month in which you completed the appraisal assignment. The experience should
have taken place between the period of April 2009 and April 2014.
Note 2:
Experience Log – For the purposes of this RFP, the type of “Appraisal Assignment” must be
non-residential and can be generally defined as a Primary Report or a Review Report. The
update of either a Primary Report or a Review Report is considered to have met the
definition.
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9.0
EXPERIENCE LOG FOR APPRAISER #3:
9.1 Appraiser’s Name:(first)
(last)
9.2 Primary Residence: (city)
(state)
9.3 Employment (employee of Prime Provider or Subcontractor):
9.4 Texas State Certification Number as a General Real Estate Appraiser:
9.5 Expiration Date of TxDOT Pre-Certification:
If the Appraiser needs assistance in verifying the expiration date your Department contact is
David Wilson at david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
9.6 Professional Certification (entity and certification initials; i.e. “Appraisal Institute-MAI)::
9.7 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 11.5
Mo/Yr
(see 7.6)
Date:
Log for Qualifications and Experience for an Appraiser
Month
(see 7.6)
Appraisal Assignment
(see 7.7)
Signature Appraiser or Provided
Substantial Assistance
Total
Note 1:
Note 2:
Year and month in which you completed the appraisal assignment. The experience should
have taken place between the period of April 2009 and April 2014.
For the purposes of this RFP, the type of “Appraisal Assignment” must be non-residential
and can be generally defined as a Primary Report or a Review Report. The update of either
a Primary Report or a Review Report is considered to have met the definition.
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10.0
EXPERIENCE LOG FOR APPRAISER #4:
10.1
Appraiser’s Name:(first)
10.2
Primary Residence: (city)
10.3
Employment (employee of Prime Provider or Subcontractor):
10.4
Texas State Certification Number as a General Real Estate Appraiser:
10.5
Expiration Date of TxDOT Pre-Certification:
If the Appraiser needs assistance in verifying the expiration date your Department contact
is David Wilson at david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
10.6
Professional Certification (entity and certification initials; i.e. “Appraisal Institute-MAI)::
10.7
Self-Certification. I certified that all of the qualifications and experience listed on this
page are true and correct.
Signature:
Table 11.6
Mo/Yr
(see 7.6)
(last)
(state)
Date:
Log for Qualifications and Experience for an Appraiser
Month
(see 7.6)
Appraisal Assignment
(see 7.7)
Signature Appraiser or Provided
Substantial Assistance
Total
Note 1:
Year and month in which you completed the appraisal assignment. The experience should
have taken place between the period of April 2009 and April 2014.
Note 2:
Experience Log – For the purposes of this RFP, the type of “Appraisal Assignment” must be
non-residential and can be generally defined as a Primary Report or a Review Report. The
update of either a Primary Report or a Review Report is considered to have met the
definition.
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11.0
EXPERIENCE LOG FOR APPRAISER #5:
11.1
Appraiser’s Name:(first)
11.2
Primary Residence: (city)
11.3
Employment (employee of Prime Provider or Subcontractor):
11.4
Texas State Certification Number as a General Real Estate Appraiser:
11.5
Expiration Date of TxDOT Pre-Certification:
If the Appraiser needs assistance in verifying the expiration date your Department contact
is David Wilson at david.wilson@txdot.gov or Charles Grote at charles.grote@txdot.gov
11.6
Professional Certification (entity and certification initials; i.e. “Appraisal Institute-MAI)::
11.7
Self-Certification. I certified that all of the qualifications and experience listed on this
page are true and correct.
Signature:
Table 11.7
Mo/Yr
(note 1)
(last)
(state)
Date:
Log for Qualifications and Experience for an Appraiser
Month
(note 1)
Appraisal Assignment
(note 2)
Signature Appraiser or Provided
Substantial Assistance
Total
Note 1:
ear and month in which you completed the appraisal assignment. The experience should
have taken place between the period of April 2009 and April 2014.
Note 2:
For the purposes of this RFP, the type of “Appraisal Assignment” must be non-residential and
can be generally defined as a Primary Report or a Review Report. The update of either a
Primary Report or a Review Report is considered to have met the definition.
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SECTION 12
Qualifications and Experience for Negotiation Agents
1.0
NEGOTIATION AGENTS – CRITERIA FOR QUALIFICATIONS AND EXPERIENCE:
Table 12.1
2.0
1 Pt
Texas Real Estate License or License to Practice Law in Texas
and
Negotiated for less than 10 R/W parcels subject to Eminent Domain
3 Pts
Texas Real Estate License or License to Practice Law in Texas
and
Negotiated for 10 to 25 R/W parcels subject to Eminent Domain
5 Pts
Texas Real Estate License or License to Practice Law in Texas
and
Negotiated for more than 25 R/W parcels subject to Eminent Domain
and
Professional Designation
NEGOTIATION AGENTS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Negotiation Agents that must meet qualifications in response to
this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional individuals to qualify as Negotiation Agents, but each individual must
qualify on their own merits in order to be listed on the final personnel roster as a
Negotiation Agent. Copy the blank “Log for Qualifications and Experience” for a
Negotiation Agent at the end of Section 12.
3.0
NEGOTIATION AGENTS – PROFESSIONAL DESIGNATION OR CERTIFICATION: An active
designation or certification by a national or international organization which requires training,
experience, and testing in the field of Negotiation or Acquisition for the purposes of Eminent
Domain. For the purposes of this RFP, a professional generalist designation or certification for
right of way industry professionals qualifies for a professional designation as a Negotiation Agent
as does as specialist certification in the Uniform Act. Example; SR/WA or R/W-NAC designations
from the International Right of Way Association.
4.0
NEGOTIATION AGENTS – PROFESSIONAL LICENSE: Negotiation Agents must have an
active Real Estate License issued by the Texas Real Estate Commission, or have a license to
practice law in the State of Texas.
5.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
this RFP, further support documentation is not required beyond the completion of the individual’s
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Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
6.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 12.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
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7.0
NEGOTIATION AGENT #1 - QUALIFICATIONS & EXPERIENCE:
7.1 Negotiation Agent’s Name:(first)
(last)
7.2 Primary Residence: (city)
(state)
7.3 Employment (employee of Prime Provider or Subcontractor):
7.4 Professional designation, certification or degree (sponsoring entity and initials; i.e.;
International Right of Way Assoc.-SR/WA or R/W-NAC)
7.5 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 12.3
Mo/Yr
(see 7.6)
Date:
Log for Qualifications and Experience for a Negotiation Agent
Month
(see 7.6)
No. of Parcels
(see .7.7)
Name of CA
(see 7.8)
Project Identification
(see 7.9)
Total
Note 1:
Year and month in which you, as a Negotiation or Acquisition Agent were actively engaged in
performing Negotiation or Acquisition service. The experience should have taken place
between the period of April 2009 and April 2014.
Note 2:
As a Negotiation or Acquisition Agent for any single or multiple R/W Projects listed in the
table above, the aggregate number of parcels is 25. Extra credit for more than 25 parcels will
not be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Negotiation or
Acquisition Agent; i.e., Negotiation services for the Dallas Authority Rapid Transit.
Note 4:
Project Identification; i.e., IH-35 TxDOT project, Waco.
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SECTION 13
Qualifications and Experience for Relocation Agents
1.0
RELOCATION AGENTS – CRITERIA FOR QUALIFICATIONS AND EXPERIENCE
Table 13.1
1
Point
Provided Relocation Assistance in compliance with the Uniform Act for less than 10 R/W parcels
3
Points
Provided Relocation Assistance in compliance with the Uniform Act for 10 to 25 R/W parcels
5
Points
2.0
Provided Relocation Assistance in compliance with the Uniform Act
for more than 25 R/W parcels and Professional Designation
RELOCATION AGENTS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Relocation Agents that must meet qualifications in response to
this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional individuals to qualify as Relocation Agents, but each individual must
qualify on their own merits in order to be listed on the final personnel roster as a
Relocation Agent. Copy the blank “Log for Qualifications and Experience” for a
Relocation Agent at the end of Section 13.
3.0
RELOCATION AGENTS – PROFESSIONAL DESIGNATION OR CERTIFICATION: An active
designation or certification by a national or international organization which requires training,
experience and testing in the field of Relocation Assistance in compliance with the Uniform Act.
For the purposes of this RFP, a professional generalist designation or certification for right of way
professionals does not qualify for a Professional Designation as a Relocation Agent. A specialist
designation or certification such as the R/W-RAC and R/W-URA certification from the
International Right of Way Association qualify.
5.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
the RFP, further support documentation is not required beyond the completion of the individual’s
Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
5.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the nine individuals has a maximum point value of 5 possible points. Each of the points
attained in these Sections is weighted to a value of 0.4727. The final score for this section will be
rounded to the nearest whole number.
Table 13.2
Total possible points available in the RFP
130
(times) Scoring weight of this section
20%
(equals) This section’s weighted percentage of the total possible points
26
available in the RFP
(divided by) Total possible points available in sections 9 through 15
55
(equals) Weighted point value for each possible point scored in this section
.4727
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7.0
RELOCATION AGENT #1 - QUALIFICATIONS & EXPERIENCE:
7.1 Relocation Agent’s Name:(first)
(last)
7.2 Primary Residence: (city)
(state)
7.3 Employment (employee of Prime Provider or Subcontractor):
7.4 Professional designation, certification or degree (sponsoring entity and initials; i.e.;
International Right of Way Assoc.; R/W-RAC or R/W-URAC
7.5 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 13.3
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for a Relocation Agent
Month
(note 1)
No. of Parcels
(note 2)
Name of CA
(note 3)
Project Identification
(note 4)
Total
Note 1:
Note 2:
Year and month in which you, as a Relocation Agent were actively engaged in performing
Relocation Assistance Services. The experience should have taken place between the
period of April 2009 and April 2014.
As a Relocation Agent for any single or multiple R/W Projects listed in the table above, the
aggregate number of parcels is 25. Extra credit for more than 25 parcels will not be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Relocation Agent; i.e.,
Relocation Assistance Services for the Dallas Authority Rapid Transit.
Note 4:
Identification; i.e., IH-35 TxDOT project, Waco.
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SECTION 14
Qualifications and Experience for Condemnation Support Specialists
1.0
CONDEMNATION SUPPORT SPECIALISTS – CRITERIA FOR QUALIFICATIONS AND
EXPERIENCE:
Table 14.1
1 Pt
Provided Condemnation Support for less than 10 R/W parcels for Condemning Authority
3 Pts
Provided Condemnation Support for 10 to 25 R/W parcels for Condemning Authority
Provided Condemnation Support similar for more than 25 R/W parcels for Condemning Authority
5 Pts
and
Professional Designation or a License to Practice Law in Texas
2.0
3.0
CONDEMNATION SUPPORT SPECIALISTS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Condemnation Support Specialists that must meet the
qualifications in response to this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional individuals to qualify as Condemnation Support Specialists, but each
individual must qualify on their own merits in order to be listed on the final personnel
roster as a Condemnation Support Specialist. Copy the blank “Log for Qualifications and
Experience” for a Condemnation Support Specialist at the end of this Section.
CONDEMNATION SUPPORT SPECIALISTS – PROFESSIONAL
DESIGNATION/CERTIFICATION:
3.1
For a Condemnation Support Specialist, a professional designation/certification is
considered to be:
3.1.1
An active designation/certification by a national or international organization
which requires training, experience, and testing in the Uniform Act or as a
generalist. For the purposes of this RFP, a professional generalist
designation/certification for right of way industry professionals qualifies for a
professional designation as a Condemnation Support Specialist. Example;
SR/WA Designation from the International Right of Way Association or
3.1.2
A License to Practice Law in Texas.
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4.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
this RFP, further support documentation is not required beyond the completion of the individual’s
Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
5.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 14.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
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6.0
CONDEMNATION SUPPORT SPECIALIST (CSS) #1 - QUALIFICATIONS & EXPERIENCE:
6.1 CSS’s Name:(first)
(last)
6.2 Primary Residence: (city)
(state)
6.3 Employment (employee of Prime Provider or Subcontractor):
6.4 Professional designation, certification or degree (sponsoring entity and initials; i.e.;
International Right of Way Assoc.; R/W-RAC or R/W-URAC
6.5 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 14.3
Mo/Yr
(note 1)
Date:
Log for Condemnation Support Specialist Qualifications and Experience
Month
(note 1)
No. of Parcels
(note 2)
Name of CA
(note 3)
Project Identification
(note 4)
Total
Note 1:
Year and month in which you, as a Relocation Agent were actively engaged in performing
Negotiation or Acquisition service. The experience should have taken place between the
period of April 2009 and April 2014.
Note 2:
As a Relocation Agent for any single or multiple R/W Projects listed in the table above, the
aggregate number of parcels is 25. Extra credit for more than 25 parcels will not be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Relocation Agent; i.e.,
Negotiation services for the Dallas Authority Rapid Transit.
Note 4:
Project Identification; i.e., IH-35 TxDOT project, Waco.
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SECTION 15
Qualifications and Experience for the Disposal of Property Specialist
1.0
DISPOSAL OF PROPERTY SPECIALISTS - CRITERIA FOR QUALIFICATIONS AND
EXPERIENCE:
Table 15.1
1
Point
Disposal of Property Specialists Experience on R/W Projects under threat of Condemnation
totaling less than 10 parcels
3
Points
Disposal of Property Specialists Experience on R/W Projects under threat of Condemnation
totaling 10 to 25 parcels
5
Points
Disposal of Property Specialists Experience on R/W Projects under threat of Condemnation
totaling More than 25 parcels
2.0
DISPOSAL OF PROPERTY SPECIALISTS – NUMBER REQUIRED FOR THIS RFP:
2.1
The minimum number of Disposal of Property Specialists that must meet qualifications in
response to this RFP is one (1) person.
2.2
To show additional capacity, the Provider may submit qualifications and experience
for additional individuals to qualify as Disposal of Property Specialists, but each
individual must qualify on their own merits in order to be listed on the final personnel
roster as a Disposal of Property Specialist. Copy the blank “Log for Qualifications and
Experience” for a Disposal of Property Specialist at the end of Section 15.
3.0
EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of
professional experience is self-certified by the individual and for the purposes of responding to
this RFP, further support documentation is not required beyond the completion of the individual’s
Experience Log. The Department retains the right during the evaluation and if working under a
contract, to request additional support documentation from the Prime Provider Company or any of
the individual team members regarding their qualification, experience or performance.
Experience must be between the periods of April 2009 and April 2014.
4.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 15 pertaining to the qualifications and experience of the 11 individuals is 55 points. Each
of the 11 individuals has a maximum point value of 5 possible points. Each of the points attained
in these Sections is weighted to a value of 0.4727. The final score for this section will be rounded
to the nearest whole number.
Table 15.2
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in Sections 9 through 15
(equals) Weighted point value for each possible point scored in this section
130
20%
26
55
.4727
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5.0
DISPOSAL OF PROPERTY SPECIALISTS (DPS) #1 - QUALIFICATIONS & EXPERIENCE:
6.1 Disposal of Property Specialist’s Name:(first)
(last)
6.2 Primary Residence: (city)
(state)
6.3 Employment (employee of Prime Provider or Subcontractor):
6.4 Self-Certification. I certified that all of the qualifications and experience listed on this page
are true and correct.
Signature:
Table 15.3
Mo/Yr
(note 1)
Date:
Log for Qualifications and Experience for a Disposal of Property Specialist
Month
(note 1)
No. of Parcels
(note 2)
Name of CA
(note 3)
Project Identification
(note 4)
Total
Note 1:
Year and month in which you, as a Disposal of Property Specialist were actively engaged in
performing those services. The experience should have taken place between the period of
April 2009 and April 2014.
Note 2:
As a Disposal of Property Specialist for any single or multiple R/W Projects listed in the table
above, the aggregate number of parcels is 25. Extra credit for more than 25 parcels will not
be awarded.
Note 3:
Name of the Condemning Authority for which you performed work as a Disposal of Property
Specialist; i.e. City of Waco.
Note 4:
Project Identification; i.e., IH-35 TxDOT project, Waco.
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SECTION 16
Fee Schedule
1.0
EVALUATION CRITERIA: Specific work tasks that can be assigned for a ROWAPS work
authorization include; Project Administrative Services (with or without Field Office), Title and
Closing Services, Appraisal and Appraisal Review Services (including original and update
services), Negotiation Services; Relocation Assistance Services, Condemnation Support Services
and Disposal of Property.
1.1
Each of these work tasks are composed of specified tasks that must be completed to
reach a milestone payment. As such, the fee schedule for ROWAPS work is based on a
“Fee for Service” which is defined in the State of Texas Contract Management Manual
as; “A specific fee for a unit of service. Payments are made for each unit of service
completed.”
1.2
A cost is reasonable if in its nature and amount it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision
was made to incur the cost. In responding to this RFP, you must insert your range of
professional service fees for service disciplines of; Project Administrative Services with
and without project field office; combined Title and Closing Services; Negotiation
Services; Condemnation Support Services; Disposal of Property Services; Relocation
Assistance Services; and Appraisal Services.
1.3
1.4
2
A professional service fee range is required as the degree of difficulty and time expended
on each services discipline is dependent on a number of variables that cannot be
determined at the time the RFP is submitted for evaluation. Examples are; project
location, property use, project time demands, availability of comparable sales and rental
information, replacement housing, etc.
If your company is awarded a contract as the result of this RFP, and are offered the
opportunity to execute a Work Authorization, you will be given the opportunity to
determine the degree of complexity for each service discipline on a parcel basis after you
have reviewed a copy of the R/W map and driven each property on the project. You will
then meet with the R/W-PD Contract Manager (or assignee) to determine the specific fee
for each service discipline associated with each parcel.
POSSIBLE POINTS FOR SERVICE DISCIPLINE CATEGORIES: The scoring evaluation of your
proposed fee schedule is based on the reasonableness of the proposed fee range for categories
of 13 categories of service disciplines listed in the following table.
Service Discipline Categories
Project Administrative Services with Project Field Office
Project Administrative Services without Project Field Office
Title and Closing Services
Negotiation/Acquisition Services
Condemnation Support Services
Disposal of Property Services
All Relocation Assistance Services
All Vacant Land Appraisals
All Residential Appraisals
All Commercial Appraisals
All Industrial Appraisals
All Review of Appraisals
All Appraiser’s Preparation and Testimony for Eminent Domain Hearing
Possible
Points
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
1, 3 or 5
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3.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in this Section
equals 15% of the total possible score; i.e. each of the 65 possible points (13 service discipline
categories x 5 possible points = 65 total points) for this section will be weighted to equal 0.3 per
point. The final score for this section will be rounded to the nearest whole number.
Total possible points available in the RFP
(times) Scoring weight of this section
(equals) This section’s weighted percentage of the total possible points
available in the RFP
(divided by) Total possible points available in this section
(equals) Weighted point value for each possible point scored in this section*
3.1
4.0
130
15%
19.5
65
0.3
TxDOT will compare your average fees to the fees paid by TxDOT for the same type of
service within the recent past, current fee schedules and supported by current market
rates.
3.1.1
For each of the 13 service discipline categories listed as Item 2.0 on the previous
page, if your average fee is shown to be more than 30% higher than mean, you
will be awarded 1 point. The weighted value of the 1 point is 0.3 point (1 x 0.3 =
0.3).
3.1,2
For each of the 13 service discipline categories listed as Item 2.0 on the previous
page, if your average fee is shown to be more than 25% but less than 30%
higher than the mean, you will be awarded 3 points. The weighted value of the 3
points is 0.9 point (3 x 0.3 = 0.9).
3.1.3
For each of the 13 service discipline categories listed as Item 2.0 on the previous
page, if your average fee is shown to be 20% or less than the mean, you will be
awarded 5 points. The weighted value of the 5 points is 1.5 points (5 x .03 =
1.5).
COMPLETING THE PROPOSED FEE SCHEDULE
4.1
Fees for Project Administrative Services are based on full administrative services being
provided for each Work Authorization. There are two categories of Project Administrative
Services. In both cases, the Project Administrative Services are paid on a monthly basis.
4.1.1
Project Administrative Services with the requirement of a Project Field Office.
4.1.2
Project Administrative Services without the requirement of a Project Field Office.
4.2
All of the other services are paid on a fee for service for completed milestones. No
payments or partial payments for incomplete or unaccomplished milestones will be paid.
4.3
The Proposed Fee Schedules must be completed in an Excel© spreadsheet format.
Print hard copies of the six spreadsheets and place them behind Section 16 of the
completed RFP. The first spreadsheet is titled “Attachment A” and includes the fee
schedules for all service tasks except Real Estate Appraisal. The second through sixth
spreadsheets are titled “Attachment B, C, D, E and F” which means there is one
individual spreadsheet for each of the five Real Estate Appraisers.
4.3.1
In addition to the hard copies of the 6 attachments (A through F) being placed
behind Section (16) of the completed RFP, you must submit a CD disc containing
a duplicate of the completed Proposed Fee Schedules. The Proposed Fee
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Schedules duplicated on the CD must be produced in an unlocked Microsoft
Excel© Format.
4.3.2
4.4
The CD should be affixed to the last and separate page behind the Section (16)
of the completed RFP. The page containing the CD disc may be a plastic or
paper sheet designed for CD presentation. Only one CD is required. Do not
submit duplicate copies of the CD in other copies of the RFP.
This RFP is published in Microsoft Word© format and the spreadsheets are in Microsoft
Excel© format. The prepared spreadsheets formatted in Excel© must be downloaded as
“Attachment A-55-4RFPP001-Other Fees” and the 5 additional Fee Schedules as
“Attachments B, C, D, E, F-55-4RFPP6001-Apprasial Fees. Both the RFP and the six
Excel© spreadsheets (Attachment A, B, C, D, E and F) can be downloaded at either of
the following two web sites.
TxDOT Website at
http://www.dot.state.tx.us/business/projects/row_proposals.htm
The Electronic State Business Daily at the State Comptrollers website at
http://esbd.cpa.state.tx.us
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ROWAPS 55-4RFPP001
Place Completed “Attachment A” Here
Proposed Fee Schedule for all Services Except Appraisal Services
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Place Completed “Attachment B” Here
Proposed Fee Schedule for Appraiser #1
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Place Completed “Attachment C” Here
Proposed Fee Schedule for Appraiser #2
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Place Completed “Attachment D” Here
Proposed Fee Schedule for Appraiser #3
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Place Completed “Attachment E” Here
Proposed Fee Schedule for Appraiser #4
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Place Completed “Attachment F” Here
Proposed Fee Schedule for Appraiser #5
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ROWAPS 55-4RFPP001
SECTION 17
EXECUTION OF THE PROPOSAL
NOTE: RESPONDENTS SHALL COMPLETE AND RETURN THIS SECTION WITH THEIR
PROPOSAL. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.
By signature hereon, the respondent certifies that:
All statements and information prepared and submitted in the response to this RFP are current, complete and
accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future
employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the
submitted response. Failure to sign the Execution of the Proposal or signing it with a false statement shall void the
submitted offer or any resulting contracts.
Neither the proposer or the firm, corporation, partnership, or institution represented by the proposer or anyone acting
for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq.,
Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer
made to any competitor or any other person engaged in such line of business.
Under Section 2155.004, Government Code, the Provider certifies that the individual or business entity named in this
bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be
terminated and payment withheld if this certification is inaccurate.
Under TGC, Title 5, Subtitle D, Section 231.006, Family Code (relating to child support), the individual or business
entity named in this solicitation is eligible to receive the specified payment and acknowledges that this contract may
be terminated and payment withheld if this certification is inaccurate. The response includes the names and Social
Security Numbers of each person with a minimum of twenty-five percent (25%) ownership of the business entity
submitting the response. Respondents that have pre-registered this information on the TBPC Centralized Master
Bidders List have satisfied this requirement. If not pre-registered, provide the names and Social Security Number with
the Execution of Proposal.
Respondent is in compliance with TGC, Title 6, Subtitle A, Section 669.001, relating to contracting with an executive
of a state agency. If Section 669.001 applies, respondent shall provide the following information as an attachment to
this response. Name of former executive, name of state agency, date of separation from state agency, position with
respondent, and date of employment with respondent.
Respondent agrees that any payments due under this contract will be applied towards any debt, including but not
limited to delinquent taxes and child support that is owed to the State of Texas.
Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this
document on behalf of the respondent and to bind the respondent under any contract resulting from this proposal.
Respondent (Company Name):
Name (Printed):
Signature (ink):
(With authorized signature authority)
Title:
Date:
Street:
City/State/Zip Code:
Primary Telephone:
Email Address:
Facsimile:
Fed. Employer Identification No.
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SECTION 18
FORMS
1.0
Insurance Form 1560-CS. Complete “Certificate of Insurance” form 1560-CS and place it in
Section 18 of the completed RFP.
2.0
Lobbying Certification. Complete the “Lobbying Certification” form and place it in Section 18 of
the completed RFP.
3.0
Federal Sub-Provider and Supplier Information (DBE Form H-5). Complete the “Federal SubProvider and Supplier Information (DBE Form H-5) and place it in Section 18 of the completed
RFP.
4.0
Failure to accurately complete and submit all of the forms listed above in the completed RFP may
result in the RFP being considered non-responsive.
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Texas Department of Transportation
INSTRUCTIONS
BEFORE YOU SUBMIT THIS FORM, MAKE SURE:
Form 1560-CS
Professional Provider Insurance
(Rev. 03113)
Page 1 of 2
(Previously Known As Form 1560-CSS)
• You have the most current 1560-CS TxDOT form. Go to the following TxDOT Internet site:
http://www.txdot.gov/business/consultants/insurance.html then look for the Form 1560-CS.
• You have entered the 11-digit Vendor Identification Number, which includes your nine-digit FEIN (Federal Employer
Identification Number).
• You have entered each authorized agent's complete address, telephone number, policy expiration dates, sign and date.
• If more than one agent covers different types of insurance (one writes Workers' Compensation, but another writes
Auto), both have issued the certificate in its entirety.
• You have provided Q\1 requested information on the forms, which may be faxed but must be followed up with the
originally signed forms to the address listed below.
• The form is being submitted in connection with a professional services contract.
• For construction and maintenance contracts, go to the following TxDOT Internet site:
http://www.txdot.gov/business/contractors/contractor-insurance.html then look for the Form 1560.
DO NOT COMPLETE THIS FORM UNLESS WORKERS' COMPENSATION IS ENDORSED WITH A WAIVER OF
SUBROGATION IN FAVOR OF TxDOT.
To avoid work suspension, an updated insurance form must reach the address listed below one business day
prior to the expiration date. List the contractor's legal company name, including the DBA (doing business as) name
as the insured. If a staff leasing service company is providing insurance, the staff leasing company name is shown
first as the named insured and then in parenthesis identify the contractor/client company (i.e. XYZ Staff 4 U, Inc.-staff
leasing service company (ABC Engineering, Inc.)). Show contact information (i.e. address, phone number, and etc.)
for the insured/staff leasing service company in the appropriate spaces. Show the contact information (i.e. address,
phone number, and etc.) for the contractor/client company in the appropriate spaces. The certificate of insurance,
once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still
in effect. Do not refer to specific projects or contracts on this form. Over-stamping or over-typing entries on the
certificate of insurance are not acceptable if they change the provisions of the certificate in any manner. Stamped,
typed, or printed signatures are not acceptable. Pre-printed limits are the minimum required; if higher limits are
provided by the policy, enter the higher limit amount and strike through or cross out the pre-printed limit. Binder
numbers are not acceptable for policy numbers.
WORKERS' COMPENSATION INSURANCE:
The contractor is required to have Workers' Compensation Insurance if the contractor has any employees, including
relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the
Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for
Workers' Compensation.
COMMERCIAL GENERAL LIABILITY INSURANCE:
If coverages are specified separately, they must be at least these amounts:
Bodily Injury
Property Damage
$500,000 each occurrence
$100,000 each occurrence
$100,000 for aggregate
MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute
for Comprehensive General Liability Insurance or Commercial General Liability Insurance.
BUSINESS AUTOMOBILE POLICY:
The coverage amount for a Business Automobile Policy may be shown as a minimum of $600,000 Combined Single
Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage.
Personal Automobile Liability Insurance is not an acceptable substitute for a Business Automobile Policy.
MAIL CERTIFICATES TO:
Texas Department of Transportation
Contract Services Office; 125 E. 11th St. Austin, TX 78701-2483
512-416-4620 (V) 512-416-4621 (F)
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Texas Department of Transportation (TxDOT)
CERTIFICATE OF INSURANCE
Form 1560-CS
Professional Provider Insurance
(Rev. 03/13)
Page 2 of2
(Previously Known As Form 156G-CSS)
This certificate of insurance is provided for informational purposes only. This certificate does not confer any rights or obligations other than the rights and
obligations conveyed by the policies referenced on this certificate. The terms of the referenced policies control over the terms of this certificate. Prior to the
beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable
as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form directly to
the address listed on page one of this form. Copies of endorsements listed below are not required as attachments to this certificate.
Insured:
Street/Mailing Address:
City:
State:
Phone Number:
Zip Code:
Vendor ID Number (11 digits):
Contractor/Client (if applicable):
Street/Mailing Address:
City:
State:
Zip Code:
Vendor ID Number (11 digits):
Phone Number:
Workers' Compensation Insurance Coverage:
Endorsed with a Waiver of Subrogation in favor of TxDOT.
Carrier Name: I
Carrier Phone Number: I
Address: I
City: I
Type of Insurance
Workers' Compensation
Policy Number
I
! state: I
Expiration Date
Effective Date
I I
I I
I Zip: I
Limits of Liability
I
Not Less Than: Statutory- Texas
Commercial General Liability Insurance:
Carrier Name: I
Carrier Phone Number: I
Address:I
City: I
Type of Insurance
Policy Number
Commercial General
Liability Insurance
Bodily Injury
Property Damage
Effective Date
I
I State: I
Expiration Date
II
I Zip: I
Limits of Liability
I
OR
Not Less Than:
$500,000 each occurrence
$100,000 each occurrence
$100,000 for aggregate
OR
Commercial General
Liability Insurance
$600,000 combined single limit
Automobile Liability Insurance:
Carrier Name:J
Carrier Phone Number: I
Address:I
City: I
Type of Insurance
Policy Number
Effective Date
Business Automobile Policy
Bodily Injury
!State: I
Expiration Date
I
Property Damage
I
!Zip: I
Limits of Liability
Not Less
$250,000
$500,000
$100,000
Than:
each person
each occurrence
each occurrence
Authorized Agent name, address and zip code:
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect.
If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by
the receiving fax machine as the sender's original signature.
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed
about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and
review the information. Under section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.
Area Code of Authorized Agent's Phone Number
Original Signature of Authorized Agent
Date
Page 68 of 70
LOBBYING CERTIFICATION
For
Grants, Contracts, Loans, and Interagency Cooperation Contracts
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall
certify and disclosure accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
________________________
Signature
________________________
Title
________________________
Agency
________________________
Date
Page 69 of 70
Federal Sub-Provider and Supplier Information (DBE Form H-5)
The Provider shall indicate below the name, address and phone number of all successful and unsuccessful SubProviders and/or suppliers that provided proposals/quotes for this contract prior to execution. You may reproduce this
form if additional space is needed.
Name
Address
Phone Number
The information must be provided and returned with the completed RFP.
__________________________________
Signature
________________________
Printed Name
Email
__________________
Date
Phone #
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