REQUEST FOR PROPOSAL #55-6RFPP002
ROW Division
118 East Riverside Drive
Austin, Texas 78704
For: Statewide Right of Way Acquisition Professional Services
Proposal Due Date: May 31, 2016 at 12:00 Noon (CST)
ROWAPS 55-6RFPP002
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
11
5
General Terms and Conditions
28
6
Qualifications, Experience, Performance and Capacity of the
Company
29
7
Meeting Scheduling Demands
33
8
Professional Qualifications and Experience for the Individual
Service Disciplines
37
9
Qualifications and Experience for Project Managers
39
10
Qualifications and Experience for Negotiation Agents
43
11
Qualifications and Experience for Relocation Agents
48
12
Qualifications and Experience for Condemnation Support
Specialists
53
13
Qualifications and Experience for Disposal of Property Specialists
58
14
Professional Qualifications and Experience for Real Estate
Appraisers
60
15
Proposed Fee Schedule
61
16
Execution of the Proposal
64
17
Forms
67
Page 2 of 69
ROWAPS 55-6RFPP002
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 Management Services
1.2
Real Estate Appraisal Services
1.3
Real Estate Appraisal Review Services
1.4
Negotiation Services
1.5
Relocation Assistance Services
1.6
Condemnation Support Services
1.7
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 (130 x 70% = 91 points).
2.2
Each in the amount of four million dollars ($4,000,000.00) 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 (ROW)
Project and its Right of Way Control/Section/Job Number (RCSJ). 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
AAG – Assistant Attorney General
4.2
CMRRR - Certified Mail-Return Receipt Requested
4.3
DBE – Disadvantaged Business Enterprise
4.4
OAG – Office of the Attorney General
4.5
PUA - Possession and Use Agreement
Page 3 of 69
ROWAPS 55-6RFPP002
5.0
4.6
RFP – Request for Proposal
4.7
ROW – Right of Way
4.8
ROW-PD – Right of Way Project Delivery Staff
4.9
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).
4.10
SME – Subject Matter Expert
4.11
TxDOT – Texas Department of Transportation (also see Department)
4.12
WBS – Work Breakdown Schedule
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
Department – The Texas Department of Transportation (also see TxDOT)
5.2
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.
5.3
Fee for Service – Specific fee for a unit of service by which payments are made for each
unit of service completed.
5.4
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.
5.5
Pass Through Cost – Costs approved by the Department that are necessary to complete
the authorized deliverable, but are unknown or incidental at date of the execution of the
contract. These costs are expensed against the authorized amount of the Contract and
Work Authorization. No profit, management fee or service fee by the Provider is allowed
on pass through costs. Example: The recording cost of real property deeds at a county
court house are $250. In order to complete the deliverable, the Provider pays the
recording fees and submits the receipt for reimbursement to the Department for the exact
amount of $250.
5.6
Performance Based Specifications – Focus on outcomes or results rather than process;
i.e., what services are required, not how to produce them.
5.7
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.
5.8
Professional Services – Services directly related to professional practices as defined by
Government Code, Chapter 2254, Subchapter A.
5.9
Real Estate Appraiser (department certified) - An individual licensed to provide real
estate appraisal services in the State of Texas and has been certified by the Department.
Page 4 of 69
ROWAPS 55-6RFPP002
For the purposes of this RFP, the term “Appraiser”, “Real Estate Appraiser” and
“Department Certified Real Estate Appraiser” are used interchangeably
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 entity 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
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
of 1970 as amended.
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 69
ROWAPS 55-6RFPP002
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
May 4, 2016
12:00 Noon (CST)
Public Pre-Proposal Conference (not mandatory)
May 10, 2016
9:30 AM (CST)
Deadline for Submission of Written Questions
May 16, 2016
4: 00PM (CST)
Publish Questions and Answers
May 18, 2016
4:00 PM (CST)
Last day to submit RFP
May 31, 2016
12:00 Noon (CST)
Opening of Proposals (no public opening)
May 31, 2016
12:30 PM (CST)
Evaluation of Proposals Begins
June 1, 2016
See general note below
Notice of Awards (by letter)
June 10, 2016
See general note below
Contract Orientation Meeting (mandatory)
June 16, 2016
See general note below
Expected Contract Start Date
July 8, 2016
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
May 10, 2016 (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 pre-proposal
conference is the West Pickle Research Auditorium (WPR) located at 3925 W. Braker Lane, the
southwest corner of MoPac (Loop1) and Braker Lane, Austin TX 78759. Visitor parking is located
on the south side of the building in lots D, E, F, and G. There will be a charge for parking that is
the responsibility of those in attendance. The Department will not pay parking charges for
attendees.
2.1 Persons with special needs or disabilities who plan to attend this meeting and require
auxiliary aids or services are requested to contact either of the following two contract
specialists at least 5 working days prior to the meeting so that appropriate arrangements
can be made.
2.1.1 Leila Valenzuela at leila.valenzuela@txdot.gov or (512) 416-2821 or
2.1.2 Tara O’Neal at tara.oneal@txdot.gov (512) 832-7373
2.2 Persons attending the pre-proposal conference should print a copy of this RFP for their
use. Copies will not be provided at the pre-proposal meeting.
Page 6 of 69
ROWAPS 55-6RFPP002
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 Department website a
http://www.txdot.gov/inside-txdot/division/right-of-way/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 either of the following two contract specialists.
4.1
4.2
5.0
Leila Valenzuela at leila.valenzuela@txdot.gov or (512) 416-2821 or
Tara O’Neal at tara.oneal@txdot.gov (512) 832-7373
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 78704 no later than 12:00 Noon Central
Standard Time on May 31, 2016. 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, and(1) Compact Disc (CD) containing a duplicate in PDF format of the
complete RFP. Only the original proposal requires original signatures.
5.1.1.1 Section 15 of the RFP requires the respondent to include a Compact
Disc (CD) containing a duplicate of the completed “Original Proposed
Fee Schedule” that is also to be printed in hard copy and placed behind
Section 15. The proposed fee schedule duplicated on the CD must be in
an unlocked Microsoft Excel © Format.
5.1.1.2 The CD must be labeled to show the name of your company, the RFP
number 55-6RFPP002, and the title, “Original Proposed Fee Schedule”.
The CD must be affixed to the last and separate page behind Section 15
and will be attached in 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 17 separate Sections. Each
Section should be designated by a number tab.
Page 7 of 69
ROWAPS 55-6RFPP002
5.1.2.4 Each of the Sections should 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 Department 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 the responding company’s name and
the RFP number 55-6RFPP002. Multiple responses will not be accepted. It is
the respondent’s responsibility to appropriately mark and deliver the proposal to
Department 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 or supplement to
the response.
5.1.6
Respondents to this RFP are responsible for all costs of proposal preparation.
5.1.7
Proposals shall be submitted to the Department 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 May 31, 2016 at 12:30 PM.
Respondents to this RFP are not submitting a bid and there will not be a public
opening.
5.1.9
Telephone, e-mail, facsimile and other electronic media are not an acceptable
response to this RFP. All submitted proposals become the property of
Department after the RFP opening date. Responses submitted shall constitute an
offer for a period of ninety (90) days or until selection is made by Department.
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 the Department, any other government agency, the ROW Division
or the State of Texas must be removed. The Department 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 that 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
INQUIRIES:
6.1
All inquiries shall be submitted in writing to Gus Cannon, Texas Dept. of Transportation,
ROW Division, 118 East Riverside Drive, Austin, Texas 78704.
6.2
After the May 4, 2016 publication of the RFP, besides written inquiries as described
above, other employees and representatives of Department 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
Page 8 of 69
ROWAPS 55-6RFPP002
subsequent response. This restriction does not preclude discussions between affected
parties for the purpose of conducting business unrelated to this proposal.
7.0
PROPOSAL EVALUATION AND AWARD:
7.1
An evaluation team comprised of Department 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 (130 x 70% = 91 points).
7.3
Tie scores are not applicable to this RFP.
7.4
The scope of work required by the RFP is not negotiable.
7.5
A Best and Final Offer is not applicable to this RFP.
7.6
If a contract is awarded, the contract documents must be signed and returned to
Department within 21 days from the date the document was sent by Department email. If
the signed contract document is not received with 21 days, the offer will be rescinded.
Page 9 of 69
ROWAPS 55-6RFPP002
Table 3.1
Government
Code Criteria
EVALUATION SCALE AND MATRIX: Title 43; Pt. 1; Ch.9; Subchapter 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
40%
Each of the 5 possible points are
weighted to equal 10.4 points
(130 x 40% = 52 / 5 = 10.4 pts.)
1, 3 or 5
points
Section 7
5 Maximum
Possible Points
20%
Each of the 5 possible points are
weighted to equal 5.2 points
(130 x 20% = 26 / 5 = 5.2)
1,3 or 5
points x
12
persons
Sections 9- 13
60 Maximum
Possible Points
20%
Section 15
60 Maximum
Possible Points
20%
Each of the 60 possible points is
weighted to equal 0.4333 points
(130 x 20% = 26 / 60 = 0.4333)
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 Department-certified
Title 43; Pt.1; Ch. 9, Subch.
F §9.85(a)(9)
Reasonableness of fee
1, 3 or 5
points x
12 service
fee ranges
Total
Each of the 60 possible points
are weighted to equal 0.4333 pts
(130 x 20% = 26 / 60 = 0.4333)
Page 10 of 69
55-6RFPP002
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 Management
1.1.1
Negotiation of the Scope of Services for each Work Authorization
1.1.1.1 Provider will visit project site with ROW-PD.
1.1.2
Project Field Office (only if required in the Work Authorization)
1.1.2.1 If a Project Field Office is required by ROW-PD, rent and utilities of such
an office is a pass through cost. Profit or management fees by the
Provider for base rent and any other lessee responsibilities for expenses
associated with the required project field office including but not limited to
such expenses shown in the lease document.
1.1.2.1.1
Utility expenses for water, sewer, natural gas and electricity.
1.1.2.1.2
Janitorial services, property taxes, insurance, property
management fees to the lessor, and trash collection.
1.1.2.1.3
Project field office expenses for land line telephone service,
cell telephone or internet connections are not eligible as pass
through expenses. These costs are part of the Providers
normal and typical overhead costs that are covered in the
Provider’s monthly management fee.
1.1.2.2 No profit, management fee or service fee by the Provider is allowed on
any pass through costs.
1.1.2.3 The cost of pass through expenses will be counted against the Contract
and authorized amount of the Work Authorization.
1.1.3
No joint use of existing office currently occupied by the Provider or any SubProviders.
1.1.3.1 No joint use of Department facilities with the exception of;
1.1.3.1.1 Necessary project related meetings, or scheduled input of
database information into Department systems if on-line
accessibility is not available to the Provider.
1.1.4.
Reasonable access to the proposed transportation project.
1.1.5
Location approved by ROW-PD.
1.1.6
Open during normal state work hours.
1.1.7
Staffed with personnel available to answer questions during normal state work
hours.
1.1.8
Permanent project files will be located in the district ROW-PD Office and
ultimately at ROW Headquarters in Austin as the Office of Permanent Record.
Page 11 of 69
55-6RFPP002
The Provider is allowed to keep working file copies in the Provider’s project
administrative office, but documents generated or received by the Provider will
be forwarded to the ROW-PD Office as they are generated or received by
Provider.
1.1.9 At least one office staff member of the Provider is required to be a current
commissioned notary public.
1.1.10 Profit and Overhead Costs
1.1.10.1
All Administrative costs including salaries, travel, employee benefits,
telephone, internet connection, equipment, supplies, postage
(including certified mail), will be included in the proposed fee
schedule for Project Management Services.
1.1.10.2
All profit, including any management fees for all ROWAPS services
are included in the proposed fee schedule for Project Management
Services.
1.1.10.3
No profit, management fee or service fee by the Provider is allowed
on any pass through costs
1.1.11 Communication
1.1.11.1
Prepare and deliver one monthly invoice for each active Work
Authorization to ROW-PD. Prepare invoices utilizing Department
standard payment submissions forms with supporting
documentation. Supporting documentation requirements are
determined by ROW-PD with guidance from ROW Headquarters
Contract Management.
1.1.11.2
Prepare initial property owner contact list for use by ROW-PD in
distribution of Provider introduction letters or as determined
necessary by the ROW-PD.
1.1.11.3
Provider’s Project Manager is to serve as DBE Liaison to ROW-PD.
1.1.11.4
Attend weekly status meetings with ROW-PD. Date, required
attendees, time and location are determined by ROW-PD.
1.1.11.5
At a minimum, the Provider will deliver a weekly written report to
ROW-PD on the status of service tasks completed and service tasks
remaining in order to bring each parcel into possession of the state
within the time allotted in the Work Authorization.
1.1.12 File Management
1.1.12.1
All project and parcel documents will be kept in the ROW-PD Office
with permanent records transferred to ROW Headquarters in Austin
as the 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 ROW-PD Office as
they are generated or received by Provider. The format for type of
file folders, document order and placement are determined by ROW
Headquarters.
1.1.12.2
Maintain records of all payments including, but not limited to, warrant
number, amount, date paid, etc.
Page 12 of 69
55-6RFPP002
1.1.12.3
Maintain copies of all correspondence and contacts with property
owners.
1.1.13 Broker License by a Business Entity
1.1.13.1
1.2
While not confirmed at the publication, it is a possibility the Texas
Real Estate Commission (TREC) rules will require a ROWAPS
Provider to have a "Broker License by a Business Entity" (the
LICENSE) issued through the TREC. The designated Broker does
not have to be an employee of the ROWAPS entity but there would
be caveats related to Errors and Omissions Insurance
requirements. Securing the LICENSE in order to respond to this
RFP is not a requirement, but if verified that it is required by the
TREC, no Work Authorizations under the Contract will be issued
without verification of the LICENSE.
Real Estate Appraisal Service
1.2.1
Provider must select Appraisers from the list of Department Certified Appraisers.
The list can be accessed at:
http://www.txdot.gov/business/opportunities/real-estate-appraisers.html
1.2.2
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 Agent.
1.2.2.1 Provider shall prepare and conduct personal pre-appraisal contact with
interest owners or their designated representative for each parcel and
offer opportunity to accompany the Appraiser and Relocation Agent on
the inspection of the subject property. The written contact documents
must use acceptable Department forms and the records of contact must
be part of the parcel file.
1.2.2.2 With the information from the Appraiser, the Provider shall secure written
permission from the owner to enter the property from which real estate is
to be acquired. If after diligent effort the Provider is unable to secure the
necessary letter of permission from the property owner, a written waiver
must be obtained from the Department through ROW-PD. The
permission letters should be incorporated into the appraisal reports.
1.2.3
The assignment for an initial and update appraisal are two separate and distinct
appraisal assignments. The fee for each assignment must be reflective of the
complexity of the specific individual assignment.
1.2.4
For an initial appraisal assignment, the Appraiser shall prepare an appraisal
report for each parcel to be acquired utilizing applicable Department Forms.
These reports shall conform to Department policies and procedures along with
the Uniform Standards of Professional Appraisal Practice as promulgated by the
Appraisal Foundation.
1.2.5
For an updated appraisal, the Appraiser shall prepare an updated appraisal
report for each parcel to be acquired utilizing applicable Department Forms.
These reports shall conform to Department policies and procedures along with
the Uniform Standards of Professional Appraisal Practice.
Page 13 of 69
55-6RFPP002
1.2.6
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.
1.2.7
All completed appraisals will be administratively reviewed and recommended for
approval by ROW-PD.
1.2.7.1 NOTE: Processing monthly invoices for appraisal services will not be
delayed for the purpose of the completion of the administrative review.
1.2.8
ROW-PD coordinates with the Review Appraiser (if applicable) regarding
revisions, comments, or additional information that may be required. The Review
Appraiser will then coordinate with the Appraiser. To meet performance
expectations, the turn-around for this portion of the process will be:
1.2.8.1 Three business days for the Review Appraiser to complete the review
and contact the Appraiser for revisions or additional information.
1.2.8.2 Three business days for the Appraiser to complete and deliver the
revisions and provide the required additional information.
1.2.8.3 Two business days for ROW-PD to complete the administrative review.
1.2.9
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 are
separate from the initial and update assignment.
1.2.10 Performance metrics for the on-time delivery of appraisal reports will be kept by
the Provider and reported to ROW-PD on a weekly basis in a format supplied by
the Department. Late delivery of appraisal reports or unacceptable or untimely
responses to requests from Review Appraisers or ROW-PD will negatively affect
the rating of an Appraiser’s evaluation and could result in reducing the number of
future appraisal assignments until the Appraiser’s performance improves.
1.3
Real Estate Appraisal Review Service
1.3.1
Provider must select Review Appraisers from the list of Department Certified
Appraisers.
The list can be accessed at:
http://www.txdot.gov/business/opportunities/real-estate-appraisers.html
1.3.2
Review Appraiser shall 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 Practice.
1.3.3
Review Appraiser will prepare and submit applicable Department Forms for each
appraisal review assignment to ROW-PD.
1.3.4
The assignment for the review of an initial and update appraisal are two separate
and distinct appraisal review assignments. The fee for each review assignment
must be reflective of the complexity of the specific individual review assignment.
1.3.5
While extremely rare, beyond delivery of the review appraisal assignments, if the
Review Appraiser is called to provide preparation or testimony for a Special
Commissioners Hearing. For this appraisal assignment, the fee for the
Page 14 of 69
55-6RFPP002
preparation time and testimony are separate from the initial and update appraisal
review assignment.
1.3.6
1.4
Performance metrics for the on-time delivery of review appraisal reports will be
kept by the Provider and reported to ROW-PD on a weekly basis in a format
supplied by the Department. The delivery of late appraisal review report or
unacceptable or untimely responses from requests by ROW-PD will negatively
affect the rating of a Review Appraiser’s evaluation and could result in reducing
the number of future appraisal assignments until the Appraiser’s performance
improves.
Negotiation Services
1.4.1
Provider shall analyze preliminary Title Commitment report to determine potential
title problems, propose and inform ROW-PD Office of methods to cure title
deficiencies. This includes analysis of access easements.
1.4.2
Secure Title Commitment updates in accordance with insurance rules and
requirements for parcel payment submissions. There should not be any changes
at this point, but if there are changes (such as Abstractor’s Fees) these costs will
be reimbursed to the Provider as a pass through against the authorized amount
of the Work Authorization.
1.4.3
Provider shall analyze appraisal and appraisal review reports and confirm the
Department’s approved value prior to making offer for each parcel.
1.4.4
Provider shall prepare and send the letter transmitting the Landowners’ Bill of
Rights by Certified Mail-Return Receipt Requested (CMRRR).
1.4.5
Provider shall issue Property Owner’s Survey to the property owner.
1.4.6
Securing a Right of Entry or Possession and Use Agreement (PUA) is part of
general Negotiation Services. Provider shall explain and provide the opportunity
for the property owner to agree to a Right of Entry or a PUA in accordance with
Department policy and procedures.
1.4.7
Provider shall prepare all documents required or requested by the State on
applicable Department forms. (i.e.; the initial offer letter, memorandum of
agreement, instruments of conveyance)
1.4.8
Provider must send the written offer, appraisal report and required brochures 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.
1.4.9
Provider shall respond to property owner inquiries verbally and in writing within
two (2) business days.
1.4.10 Provider shall prepare a separate negotiator contact report for each parcel, per
contact, on applicable Department forms.
1.4.11 The curative services necessary to provide a clear title to the State are the
responsibility of the Provider and thus are part of the Provider’s fee for
Negotiation Services and Condemnation Support Services.
1.4.11.1
Curative services do not include costs/expenses that qualify as
payment of incidental expenses to transfer real property to the State.
Page 15 of 69
55-6RFPP002
Incidental expenses not paid to the Title Company will be reimbursed
as a pass through cost and are counted against the total amount of
the Contract and Work Authorization.
1.4.12 Provider has direct contact with the Title Company to obtain an updated Title
Commitment along with other forms and certified copies of the instrument of
conveyance necessary when requesting the Parcel Payment through ROW-PD.
1.4.13 All original documents generated or received by the Provider must be delivered
to ROW-PD. 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
1.4.14 Provider performs closing services in conjunction with the Title Company and will
be required to attend closings. In the event of a closing by mail, title work shall
be reviewed prior to the closing by mail and again prior to recording of the
instrument.
1.4.15 Provider shall cause the recordation of 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 actual cost of recording fees vary substantially from county to
county, these costs will be reimbursed as a pass through against the Contract
and the Work Authorization.
1.4.16 Provider shall advise property owner of the Administrative Settlement process,
assist them with the preparation of a counter offer package, and shall transmit to
ROW-PD any written counter offer from property owners including applicable
Department forms, supporting documentation and written comments with regard
to Administrative Settlements in accordance with Department policy and
procedures.
1.4.17 The Provider shall Secure title insurance for all parcels acquired, insuring
acceptable title to the Department. Written approval by the Department is
required for any exception. There should not be any charges at this point, but if
there are charges (such as Abstractor’s Fees) these costs will be reimbursed as
a pass through against the Contract and the Work Authorization.
1.4.18 Provider shall prepare the final offer letter, and mail the documents of
conveyance by CMRRR.
1.4.19 Provider shall appear and provide Expert Witness testimony as required.
1.5
Relocation Assistance Services for Residential, Business, Personal Property, and,
Mini Storage Units. Relocation Assistance Services can also be used for Outdoor
Advertising Signs (billboards) if approved.
1.5.1
When, through no fault of the Provider, the Department directs the Provider to
cease all contract services and terminate the work authorization, Provider shall
work with ROW-PD to determine whether each relocation is to proceed or letters
rescinding relocation benefits are to be sent.
1.5.1.1 When benefits are rescinded payment for the milestone currently being
worked on will be payable in full upon submittal of the complete file to
that point.
1.5.1.2 Complete files will include a copy of the letter rescinding benefits and all
documentation and contact logs capturing communications with the
Page 16 of 69
55-6RFPP002
displacee and complete documentation for any claims payable up to the
time the displacee is notified of their ineligibility for further relocation
assistance.
1.5.2
If applicable and practical, Provider shall provide advance notice of the date and
time of the initial meeting with the displacee with the Appraiser’s and Relocation
Agent’s inspection of the subject property.
1.5.3
Provider shall notify all Department approved displacees of eligibility for
relocation assistance. At the time of initial contact, the Provider shall provide
displaces that are approved by the Department, with a Relocation Assistance
Packet consisting of the approved Department forms:
1.5.3.1 Page one of the ROW-R-96
1.5.3.2 ROW-R-MP
1.5.3.3 ROW-R-CE
1.5.3.4 Relocation Assistance Brochure (supplied by the Department)
1.5.3.5 Copy of the Relocation Assistance Program Survey along with a
stamped return envelope addressed to the address as shown below. All
distributed surveys shall have the ROW CSJ and Parcel number precompleted by the Relocation Agent before delivery to the displacee.
Right of Way Division
Texas Department of Transportation
125 E. 11TH St.
Austin, TX 78701-9909
1.5.4
Provider shall provide on-going relocation assistance and advisory services to
displacees affected by the acquisition of right of way and shall deliver required
Department forms to ROW-PD that are signed by the displacee. On-going
advisory services include monitoring the move and any necessary relocation
activities taken by the displacee. Frequency and manner for monitoring the
move must match the complexity of the relocation, however, the expectation is
multiple in-person site visits, which is standard practice, and must be
documented in the contact log portion of the required Department forms to be
submitted at close out.
1.5.5
Provider shall locate, evaluate, and maintain files on comparable available
housing as well as listings for non-residential properties, for the duration of the
project. These files are subject to review by ROW-PD as deemed necessary.
1.5.6
Provider shall compute and submit the request for relocation housing/rental
supplement to ROW-PD on the appropriate Department form with supporting
photos attached for each property.
1.5.7
Provider shall provide 90-day notice:
1.5.7.1 Deliver the 90-day notice and benefits package at the same time as the
written offer to purchase is delivered.
1.5.7.2 The 90-day notice may not be delivered prior to a personal interview with
the displacee during which time, the Relocation Agent determines the
type, needs and eligibilities of the displacee, or before the issuance of
the initial offer.
Page 17 of 69
55-6RFPP002
1.5.8
Provider shall provide 30-day notice to vacate once the State has possession of
the property. The displacee must be given a total of 90 days’ notice prior to
being required to vacate.
1.5.9
Provider shall immediately notify ROW-PD if the displacee does not vacate the
premises after 30-day notice expires.
1.5.10 Provider shall perform a decent, safe, and sanitary inspection of replacement
housing in accordance with Department policy. Provider shall complete the
appropriate Department forms and submit to ROW-PD.
1.5.11 Negotiated Self-Moves (for non-residential moves)
1.5.11.1 Request for Negotiated Self-Move shall be submitted on appropriate
Department forms and must include; (1) a move plan; (2) written
inventory signed and dated by the displacee (or their representative)
and the Relocation Agent; and (3) bids from commercial movers and
supporting vendors.
1.5.11.2 Depending on the complexity of the move additional supporting
documentation may be necessary.
1.5.12 For all Negotiated Self-Moves, 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.
1.5.13 Provider must coordinate and monitor moves with displaced homeowners,
business owners, tenants, and with moving companies in accordance with
Department procedures.
1.5.14 Relocation Agent shall maintain relocation contact logs on appropriate
Department forms journaling all attempted and completed contacts with all
parties, including descriptions of the reasons and outcome for each contact.
Copies of all displacees’ emails with date and time sent, must be captured in the
Provider’s relocation contact logs.
1.5.15 Relocation Agent must attend closings on replacement property if requested by
any party involved, and assure supplemental payment is properly distributed.
1.5.16 Relocation Agent shall process and compute increased interest payments as
required.
1.5.17 Relocation Agent will be available for any appeals and hearings.
1.5.18 Relocation Agent shall prepare all relocation payment claim submissions for all
displacees in accordance with Department guidelines.
1.5.19 Relocation Agent shall deliver warrants in accordance with Department
guidelines.
1.5.20 Relocation Agent shall issue Relocation Surveys to all displacees.
1.5.21 Provider will provide an executed Department form for the Certification of
Eligibility with all displacee claims.
Page 18 of 69
55-6RFPP002
1.5.22 ROW-PD must approve the timing and content of any notice to a displacee
relating to the proceedings prior to the Provider sending the notice.
1.6
Condemnation Support Services (Pre-Hearing Support)
1.6.1
The Provider shall, upon receipt of a copy of the final offer, request an updated
Title commitment for Eminent Domain from the Title Company.
1.6.2
Provider shall prepare, if applicable, Bisection, Drainage Easement, Denial of
Access, and Temporary Construction Easement clauses for the original set of
Legal Descriptions supplied by the Department.
1.6.3
Provider shall use information from the Title Commitment and all other available
sources to join all interested parties on the Department Form ROW-E-49.
Spouses of owners must be joined.
1.6.4
Upon completion of the Department Form ROW-E-49 by the Provider, the
Provider shall prepare packets containing all documents listed in the appropriate
Department form. Submit packets to ROW-PD for submission to ROW
Headquarters.
1.6.5
If e-filing is not required, the Provider shall, upon receipt of the packet prepared
by the Attorney General’s Office, file the original petition with the County Court at
Law or other appropriate Court for a cause number to be assigned. The packet
prepared by the Attorney General’s Office will consist of Petition for
Condemnation, Lis Pendens, Order Appointing Commissioners, Order Setting
Hearing, Oath of Special Commissioner, and Notice of Hearings.
1.6.5.1 If e-filing is required, the Attorney General’s Office will file petition and
related documents. The Provider will coordinate with the Attorney
General’s Office the e-filing of the petition by the Assistant Attorney
General who is handling the file to ensure the Lis Pendens is filed
promptly thereafter by the Provider.
1.6.6
Provider will record the Lis Pendens upon receipt of the cause number with the
County Clerk’s Office.
1.6.7
Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to
all named defendants within three days of the filing of the Lis Pendens.
1.6.8
Provider will 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 pass through and thus
must not be included in the Providers proposed fee schedule.
1.6.9
Following appointment of Commissioners by the judge, Provider shall send via
CMRRR the document appointing the commissioners to the named defendants
or their attorneys if represented, as well as to the AAG and ROW-PD. Provider
shall secure the following documents:
1.6.9.1 Oath of Commissioners signed by the Commissioners;
1.6.9.2 Order Setting the Hearing; and
1.6.9.3 Two copies of the Notice of Hearing signed by the Commissioners.
Page 19 of 69
55-6RFPP002
1.6.10 If e-filing is not required: Provider shall file all originals with the court and send
copies marked “copy” to ROW-PD and the Assistant Attorney General within
three days after filing.
1.6.11 If the updated appraisal does not change in value, Provider shall set the date and
time for the Special Commissioners Hearing. If there is an increase in value, the
Provider will send a copy of the updated appraisal along with form ROW-N-Post
Petition letter to the appropriate parties by CMRRR.
1.6.12 Provider shall coordinate with the appropriate Department and court personnel to
reserve a conference room or court room for the hearing. The hearing shall be
held in a location that conforms to the requirements of Chapter 21 of the Texas
Property Code.
1.6.13 Provider shall coordinate the hearing date with the Assistant Attorney General,
Appraiser, Engineer, appropriate State witnesses, 3 Commissioners, and a court
reporter.
1.6.14 Provider shall 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, ROW-PD, Engineer, and appropriate State witnesses.
1.6.15 After the Hearing is set, the Provider shall serve Notices of Hearing to the
indicated parties in accordance with the methods and time frames set out in
Chapter 21 of the Texas Property Code but in no instances no less than 20 days
prior to the Special Commissioners Hearing. If it is necessary to join a federal
agency, be advised that they have an additional 60 days after service of the
Hearing to prepare. The scheduling of the Hearing must allow for this additional
time or any other additional time frame required by law.
1.6.16 Once the notices have been served, if e-filing is not required, the Provider shall
file the original notices with the court and send copies stamped “copy” to ROWPD and Assistant Attorney General.
1.6.16.1 If e-filing is required, the Provider shall send served notices to the
Assistant Attorney General for e-filing.
1.6.17 Provider shall send a reminder letter CMRRR 2-3 weeks in advance to the
Assistant Attorney General, appraiser, 3 commissioners, court reporter, and
ROW-PD concerning Hearing dates.
1.7
Condemnation Support Services (Post Hearing Support)
1.7.1
Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and
submit to the ROW-PD within 2 business days following the hearing.
1.7.2
If e-filing is not required, the Provide shall obtain the signatures of commissioners
on 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. The Provider shall
have court clerk file-mark the 4 duplicate originals and retain 3.
1.7.3
If required, Provider shall file timesheets with the award. The judge determines
the amount paid to the Commissioners.
1.7.3.1 Provider will complete all AP-152 Forms for all Commissioners.
Page 20 of 69
55-6RFPP002
1.7.4
1.8
2.0
Provider obtains and distributes 3 signed and file-marked copies of the Award as
follows:
1.7.4.1
One file-marked copy to the Title Company with a request for a
commitment.
1.7.4.2
One file-marked copy to the Assistant Attorney General.
1.7.4.3
One file-marked copy (or certified copy) to the ROW-PD Office with the
previously obtained Commitment to request submission for each
commissioner’s fee.
1.7.5
Provider shall send the Commitment and the file-marked Award to ROW-PD
which will then prepare the payment submission for each commissioner’s fee.
1.7.6
Provider shall 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.
1.7.7
Provider will take photographs of the interest to be acquired on the day of deposit
(or the day of a PUA closing) for relocation verification and date of take appraisal
purposes. If a date of take has been selected by the AAG, the Provider shall
notify the Appraiser of the date the deposit is going to be made so that the
Appraiser may take date of take photographs as well.
1.7.8
Provider shall send written notices of the date of deposit to ROW-PD and all
interested parties.
1.7.9
Provider and any sub-providers must appear as Expert Witness when requested.
Disposal of Property Services
1.8.1
Provider shall provide a Release of Property to the ROW-PD Office signed by the
former owner stating that all personal property has been removed and any
remaining items belong to the state.
1.8.2
Provider shall provide the ROW-PD Office a digital copy of the Forms 1134 and
1135, or equivalent, 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. ROW-PD will initiate the
environmental surveys as needed.
1.8.3
When the environmental survey is complete, ROW-PD will send the information
about the property to abatement/demolition contractors who have been preselected and awarded blanket purchase orders by the Department’s General
Services Division.
FEE SCHEDULE – PAYMENT MILESTONES:
2.1
Project Management Fee with Project Field Office when required by ROW-PD.
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 Management 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 Management Services.
Page 21 of 69
55-6RFPP002
2.2
2.3
2.1.4
The number of months authorized for Project Management 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 Management Fees.
2.1.5
If a Project Field Office is required by ROW-PD, the base rent and other
authorized expenses (see below) will be pass through costs to the Work
Authorization. These costs will be paid on a monthly basis along with the
monthly ROWAPS services invoice. In addition to base rent, acceptable pass
through expenses are:
2.1.5.1
Utility expenses for water, sewer, natural gas and electricity.
2.1.5.2
Janitorial services, property taxes, insurance, property management
fees to the lessor, and trash collection.
2.1.5.3
Pass through costs are necessary to complete the authorized,
reviewed and approved deliverable by the Department. These pass
through costs are expensed against the total amount of the Contract
and Work Authorization.
2.1.5.4
No profit, management fee or service fee by the Provider is allowed
on pass through costs.
2.1.5.5
Project field office expenses for land line telephone service, cell
telephone or internet connections are not eligible as pass through
expenses. These costs are part of the Providers normal and typical
overhead costs that are covered in the monthly project management
fee.
Project Management Fee without project field office
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 Management 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,
internet connections, equipment, supplies, postage, certified mail charges, etc.
are to be included in the monthly invoice for Project Management Services.
2.2.4
The number of months authorized for Project Management 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 Initial and/or Update Appraisal Services
2.3.1
Payment made on per parcel basis.
2.3.2
100% payment milestone paid upon delivery of complete appraisal report.
Payment of this milestone does not relieve the Appraiser of the responsibility to
provide timely corrections to items identified in the Department’s Administrative
Review.
Page 22 of 69
55-6RFPP002
2.4
2.5
Fee for Review of Initial and/or Update Appraisal
2.4.1
Payment made on per parcel basis.
2.4.2
100% payment milestone paid upon submission of Department Form ROW-A-10.
Fee for Negotiation Service
2.5.1
Payment made on per parcel basis.
2.5.2
25% payment milestone paid upon presentation of initial offer.
2.5.3.
45% payment milestone paid upon presentation of acceptable payment
submission with clear title or confirmation that title will be clear by receipt of
warrant, OR
2.5.3.1 10% payment milestone paid upon presentation of final offer, and.
2.5.3.2 35% payment milestone paid upon executed Possession and Use
Agreement (PUA) document with ROW-PD concurrence.
2.5.4
2.6
30% payment milestone paid upon attending closing by deed and the delivery of
the completed parcel file with signed recorded deed and the Title Policy to ROWPD. In the event of a closing by mail, title work shall be reviewed prior to the
closing by mail and again prior to the recording of the instrument.
Fee for Residential Relocation Assistance Service
2.6.1
Payment made on per displacee basis.
2.6.2
40% payment milestone paid upon;
2.6.2.1 Submitting completed forms ROW-R-MP, ROW-R-96 and ROW-R-CE
signed by displacee to ROW-PD;
2.6.2.2 Delivery of computation, submittal and approval of replacement housing
supplement to ROW-PD; and,
2.6.2.3 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%.
2.6.3
30% payment milestone paid upon;
2.6.3.1 Submitting memorandum to ROW-PD reporting the actual date the
displacee vacated parcel and includes detailed documentation (as
directed by ROW-PD) of the move. This presumes the replacement
housing has been acquired and the move was monitored by the
Provider.
2.6.4
30% payment milestone paid upon;
2.6.4.1 Transmittal of memorandum to ROW-PD stating that all relocation
assistance has been completed.
2.6.4.2 Submittal of completed file to ROW-PD 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
Page 23 of 69
55-6RFPP002
relocation assistance, and signed form (in a checklist format, as directed
and approved by ROW-PD) by displacee verifying move is completed
and all benefits have been explained to them.
2.7
Fee for Business Relocation Assistance Service
2.7.1
Payment made on per Displacee basis.
2.7.2
25% payment milestone paid upon;
2.7.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to ROW-PD; and,
2.7.2.2 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%.
2.7.3
35% payment milestone paid upon;
2.7.3.1 Submitting memorandum to ROW-PD reporting the actual date the
displacee vacated parcel and includes detailed documentation of the
move as directed by ROW-PD. The move must have been monitored.
2.7.4
40% payment milestone paid upon;
2.7.4.1 Transmittal of memorandum to ROW-PD stating that all relocation
assistance has been completed, and,
2.7.4.2 Submittal of completed file to ROW-PD 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 ROW-PD) by the displacee verifying the move
is completed and all benefits have been explained to them.
2.8
Fee for Personal Property and Storage Unit Relocation Assistance Service
2.8.1
Payment made on per Displacee basis.
2.8.2
45% payment milestone paid upon;
2.8.2.1 Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by Displacee to ROW-PD; and
2.8.2.2 Providing 90-day notice to displacee. 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
55% payment milestone paid upon;
2.8.3.1 Transmittal of memorandum to ROW-PD stating that all relocation
assistance has been completed; and
2.8.3.2 Submittal of completed file to ROW-PD 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 ROW-PD) by the displacee verifying the
move is completed and all benefits have been explained to them.
Page 24 of 69
55-6RFPP002
2.9
Fee for Outdoor Advertising Sign Relocation Assistance Service (if approved)
2.9.1
Payment made on per Displacee basis.
2.9.2
45% payment milestone paid upon;
2.9.3
2.10
2.9.2.1
Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed
by displacee to ROW-PD; and,
2.9.2.2
Providing 90-day notice to displace. 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 ROW-PD for pre-approval by ROW-PD.
55% payment milestone paid upon;
2.9.3.1
Transmittal of memorandum to ROW-PD stating that all relocation
assistance has been completed; and,
2.9.3.2
Submittal of completed file to ROW-PD 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 ROW-PD) by the displacee
verifying move is completed and all benefits have been explained to
them.
Fee for Condemnation Support Services
2.10.1 Payment made on per parcel basis.
2.10.2 20% payment milestone paid upon;
2.10.2.1 Receipt of the submission of a ROW-E-49 with supporting
documentation, aka E-49 package, acceptable to ROW-PD.
NOTE: With written approval by ROW-PD, 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 ROW-PD.
2.10.3 30% payment milestone paid upon;
2.10.3.1 Setting the date for the Special Commissioners Hearing and providing
ROW-PD with a copy of the completed order setting the Hearing
signed by all Special Commissioners; and,
2.10.3.2 In some cases, all of the requirements to complete the 30% milestone
may have been completed and the Special Commissioners Hearing is
cancelled due to no fault of the Provider. In such cases, if Department
requires the Provider to obtain a new order setting hearing and to
serve all parties again, the 2nd milestone of 30% is eligible for a second
payment.
2.10.4 10% payment milestone paid upon service of the Notice of Hearing.
2.10.5 10% payment milestone paid upon Notice of Deposit.
2.10.6 30% payment milestone paid upon delivery of completed parcel file including
Judgment and Title Policy.
Page 25 of 69
55-6RFPP002
2.11
Fee for Disposal of Property Services
2.11.1 Payment made on per Parcel basis.
2.11.2 100% Payment milestone paid upon acceptance of the Department Forms 1134
and 1135, or equivalent, 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. ROW-PD will have
initiated the environmental surveys as needed.
3.0
4.0
SERVICE REQUIREMENTS OF Department: Services shall include, but are not limited to
the following activities
3.1
Provide timely reviews and approval of submissions.
3.2
Provide all necessary standard forms and brochures.
3.3
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.
3.4
Provide a copy to the Provider of their performance evaluation when completed.
3.5
Conduct surveys of property owners and displacees to determine quality of performance
by the Provider.
3.6
Initiate, coordinate, and administer environmental investigation surveys.
3.7
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.
3.8
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 if not collected at closing or paid by another party.
3.9
The State will not pay legal expenses incurred by the Provider.
3.10
Responsible for the disposal of property and the accommodation, coordination,
verification and adjustment of utilities and supplying the Provider with the related
information in order to provide open and fully transparent communications.
SUBPROVIDERS: Sub-Providers providing service under the work authorization shall meet the
same requirements and level of experience as required of the respondent. No sub-provider under
the work authorization 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
Sub-contracting 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.
Page 26 of 69
55-6RFPP002
5.0
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 3% of the assigned
and performed work.
4.5.3
A copy of the DBE Certification will be supplied to ROW Division Headquarters in
Austin for each company (including the respondent and 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.
Page 27 of 69
55-6RFPP002
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
2.41
2.42
2.43
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
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
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
E-Verify Certification
Restrictions on Employment of Former State Officer or Employee
Non-Discrimination Provisions
Page 28 of 69
55-6RFPP002
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 2011 through April 2016.
1.1
For this proposal, Professional Qualifications and Experience are considered to be
services performed for Condemning Authorities in the following categories.
Table 6.1
Service 1
Service 2
Service 3
Service 4
Service 5
Service 6
Service 7
1.2
Project Management Services
Appraisal Services
Appraisal Review Services
Negotiation/Acquisition Services
Relocation Assistance Services
Condemnation Support Services
Disposal of Property Services
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.
1.2.1
Provide copies of Letters or Performance Evaluations from each condemning
authority shown in the log at the end of this Section that will be used to support
the number of ROW Parcels for which the Respondent provided ROWAPS type
services that were in progress but not necessarily completed in the 5-year period
from April 2011 through April 2016. These documents shall be placed behind
Section 6 of the completed RFP.
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”
does not have to appear in the letter/evaluation but, the Department
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 this Section of the completed RFP. Copies of
letters and evaluation documents are acceptable as are electronic
signatures.
2.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in Section 6 equals
40% of the total possible score; i.e. each of the 5 possible points for this section will be weighted
to 10.4 points. The final score for this section will be rounded to the nearest whole number.
Table 6.2
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 this section
(equals) Weighted point value for each possible point scored in this section
130
40%
52
5
10.4
Page 29 of 69
55-6RFPP002
SCORING MATRIX FOR RESPONDENT’S PROFESSIONAL QUALIFICATIONS &
EXPERIENCE AT THE COMPANY LEVEL:
3.0
Table 6.3
ROWAPS Style
Services Provided
Total number of
parcels for which
services were
provided
Note
No.
1
Possible Points to be Scored
2
3
4
1, 2
and 3
More than 25
but less than
50 parcels
50 to 74
parcels
75 to 99
parcels
100 to 125
parcels
Type of services
4
4 of 7
services
4 of the 7
services
5 of the 7
services
5 of the 7
services
Performance
Verification
5 and
6
50% of
projects in
Table 6.4
50% of
projects in
Table 6.4
75% of
projects in
Table 6.4
100% of
projects in
Table 6.4
5
More than
125 parcels
More than 5
of the 7
services
100% of
projects in
Table 6.4
Note 1:
All parcels must have been subject to Eminent Domain.
Note 2:
The total number of parcels (in aggregate) for which services were provided to a condemning
authority, without distinction as to the Provider’s staff being an employee or a Sub-Provider.
Note 3:
All parcels must have been in progress but not necessarily completed during the 5-year period
from April 2011 through April 2016.
Note 4:
Refer to Table 6.1 in this Section.
Note 5:
Copies of written verification in either letter format or performance evaluation format that
indicates the services were performed in an acceptable manner. 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 Department Evaluation Team must be able to come to
that conclusion by reading the document.
Note 6:
Copies of verification letters and performance evaluations must be shown in the Experience
Verification Log shown as Table 6.4 on the next page.
Page 30 of 69
55-6RFPP002
Table 6.4
EXPERIENCE VERIFICATION LOG FOR THE ROWAPS COMPANY
Date of ROWAPS Style Services
(note 1)
Year
Month
No. of Parcels
(note 2)
Condemning Authority (CA) Information
Name of
ROWAPS Entity
Name of CA
Hwy Project
Identification (note 3)
List the Service
Numbers Performed
(note 4)
Type of Support
Documentation
(Letter or Evaluation)
Total
Note 1:
Add rows as necessary.
Note 2:
All parcels must have been in progress but not necessarily completed during the 5-year period of April 2011 through April 2016.
Note 3:
Number and name of highway or project; i.e., IH-35 in Waco, TX
Note 4:
List the numbers of the services shown in Table 6.1 of this Section. Example: If you performed or managed the performance of services
for Project Management, Appraisal, and Negotiation, you would list Services #1, #2 and #4 as shown in Table 6.1 of this Section.
Page 31 of 69
55-6RFPP002
4.0
INSERT HERE: Behind Section 6 of the completed RFP, you must insert copies of the Letters or
Performance Evaluations from each condemning authority shown in Table 6.4.
Page 32 of 69
55-6RFPP002
SECTION 7
Meeting Scheduling Demands
1.0
2.0
EVALUATION CRITERIA: Provide a sample of a Project Management Schedule that includes a
100% Work Breakdown Schedule (WBS) that identifies the Critical Path Management for a 20
parcel ROW project of which there are parcels that are vacant land, improved with single family,
multi-family, retail and industrial properties. The scheduled must include a life cycle of work
activity required to:
1.1
Address the work activity for each of the 20 parcels
1.2
Bring all parcels into constructive possession of the State within a period of 24 months.
Constructive possession of the State is defined as;
1.2.1
Possession as a result of a closing through acceptance of the offer or
administrative settlement); or
1.2.2
Possession as a result of a Special Commissioners Hearing.
1.3
Assume a condemnation rate of 20%.
1.4
Coordination with the appropriate Department staff and contractors that have the
responsibility of clearing the right of way after parcels come into constructive possession
of the state.
1.5
Coordination with Department staff and contractors that have the responsibility of utility
accommodation, coordination and verification that will result in the adjustment of utilities
to a point where construction of the transportation project can proceed without delay.
REQUIREMENTS FOR THE MANAGEMENT PLAN
2.1
Provide a Project Management Plan in a narrative format that addresses the systematic
management plan you will use to bring all of the parcels into constructive possession of
the state within the 24 month time period of the Work Authorization. The plan must
include;
2.1.1
Description of the scope of the project from your perspective including
identification of risks and challenges along with your initiatives to cope with at
least one hypothetical challenge.
2.1.2
Identification of exclusions assuming at least one hypothetical condition.
2.1.3
A management and staff organization structure that describes the distribution of
activities and tasks in compliance with the appropriate separation of duties.
2.1.4
A resource breakdown structure that can be used in conjunction with the WBS to
define work package assignments.
2.1.5
A typical project management meeting schedule that includes an agenda and list
of a list of hypothetical high level stakeholders.
2.1.6
Description of the electronic project management tools your company will use.
2.1.7
Description of the safety plan and your monitoring plans and reports that you will
use for all of your employees and Sub-Providers working on State ROW.
Page 33 of 69
55-6RFPP002
3.0
4.0
2.1.8
Example of the weekly production and parcel status reports you will use.
2.1.9
Example of the Respondent’s coordination with utility accommodation,
coordination and verification staff or contractors. Use assumption that utilities will
need to be relocated for telephone, electrical, water, sewer and natural gas.
REQUIREMENTS FOR THE WORK BREAKDOWN STRUCTURE (WBS):
3.1
Identification of each work task for each service provided.
3.2
Break down the project and work tasks and parcels into specific activities with estimated
durations and sequencing.
3.3
The duration (calendar time) it will take to accomplish each work task to bring parcels into
constructive possession of the state with a start and end date for each task and parcel
within the 24 months period of the Work Authorization.
3.4
Identification of dependencies between activities; i.e., how and where an immediate
predecessor work task relates to the next work task.
3.5
The WBS should use a multiple level breakdown for each work task 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 bring all of the parcels into constructive
possession of the State within a 24 month Work Authorization.
3.6
The completed work breakdown schedule must be inserted behind this Section of the
completed RFP.
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in Section 7 equals
20% of the total possible score; i.e. each of the 5 possible points for this section will be weighted
to 5.2 points. 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
20%
26
5
5.2
Page 34 of 69
55-6RFPP002
Table 7.2
Criteria
1
Possible Points to be Scored
3
5

Management Plan: Provide a narrative
format addressing your management
plan for this project and address issues
including but not limited to:



Key elements for public outreach,
best practices, risk management,
schedule control.
Key activities and milestones, parcel
prioritization, performance and
progress trends, deliverable status
and requirements and documents
management.
Description of safety plan and
monitoring plan you will use for
employees and subs.






Minimal detail provided on narrative
of management plan.
Insufficient understanding shown of
knowledge of the project and the
process.
Limited discussions of risk and
solutions to address risk.
Limited key activity milestones
listed.
Project timeline is not indicative of
communications and needs of all
stakeholders.
Limited safety plan.






Sufficient detail provided on
narrative management plan.
Sufficient understanding and
knowledge of the project
and the process.
Sufficient discussions of risk
and how to address risk.
Key activity milestones listed
with structure of process.
Sufficient timeline of
communications and needs
of all stakeholders.
Sufficient safety plan.






Work Breakdown Schedule (WBS):

Provided in outline format reflecting
all 20 hypothetical parcels as a
single ROW Project.

In graphical format with a Gantt
Chart..

Identification of dependencies
between activities: i.e.; how and
where an immediate predecessor
work task relates to the next work
task.

WBS with multiple level break down
for each work task 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.








Hierarchical format
Gantt chart provided but not all
parcels included.
WBS limited in detail and does not
address project level activities.
Insufficient sub tasks.
Start and stop dates are not
realistic.
Insufficient number of tasks listed.
Task and sub task listed but not
broken down. No duration that
shows construction possession for
letting date.



Hierarchical format that
provides a clear
understanding of the levels
of tasks and how each task
works in conjunction with
next task.
Gantt chart provided but has
limited detail on tasks and
subtasks with start and stop
dates.
WBS has limited detail on
scope of project level
activities.




High level of detail in scope of
project in a narrative management
plan.
High level of understanding and
knowledge of the project and the
process.
High level of detailed discussion of
risk management and provided
realistic solutions to minimize risk.
Key activity milestones listed with
complete breakdown structure.
Best practices of solutions and full
understanding of project
prioritization.
Significant detailed timeline of
project management schedule with
consideration of all hypothetical
stakeholders.
High level safety plan discussed.
Hierarchical format that provides a
clear understanding of the levels of
tasks and how each task works in
conjunction with next task
Gantt chart has high level of detail
on tasks and sub tasks for each
parcel with realistic start and stop
dates. Also has high level of
detailed scope at the project level.
All 8 ROWAPS service categories of
work included.
Each task and activity broken down
into subtasks with clear indication of
when parcel and project will be clear
for constructive possession.
Realistic start and stop dates
included.
NOTE: The completed work break down schedule must be inserted behind this Section of the completed RFP.
Page 35 of 69
55-6RFPP002
5.0
INSERT HERE: You must insert your Project Management Plan behind Section 7 of the
completed RFP.
6.0
INSERT HERE: You must insert your Work Breakdown Schedule behind Section 7 of the
completed RFP.
Page 36 of 69
55-6RFPP002
SECTION 8
Professional Qualifications and Experience for the Individual Service Disciplines
1.0
PERSONNEL CRITERIA: The Provider’s minimum staffing is 12 individuals all of which must be
different persons. The team members may be either employees or Sub-Providers.
1.1
2.0
If a contract is awarded, it is possible to expand the team roster for any of the services.
This can be accomplished by supplementing the personnel roster.
COMPLETING THE PERSONNEL ROSTER: To support a basic capacity, the Provider’s
Personnel Team must carry a minimum of 12 different individuals. The 12 individuals shown on
the Provider’s Minimum Staffing Requirements 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 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 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.
Table 8.1
Provider’s Personnel Roster for Minimum Staffing Requirements
Individual Team Member
Service Category
Project Management Services
Name
Employee or
Sub-Provider
1.
2.
1.
Negotiation Agent Services
2.
3.
1.
Relocation Agent Services
2.
3.
1.
Condemnation Support Services
2.
3.
Disposal of Property Services
1.
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 Roster in Table 8.1 above shown
on the following Table will be evaluated as individuals in Sections 9 through 13.
4.0
INSERT HERE: Behind Section 8 of the completed RFP, include copies of the “DBE Certification
Form” for each company (including the Respondent and each Sub-Provider) that is listed in the
Provider’s Personnel Roster in Table 8.1. A copy of the “DBE Certification Form” is found as an
exhibit in Section 17 of this RFP.
Page 37 of 69
55-6RFPP002
5.0
INSERT HERE: Behind Section 8 of the completed RFP, insert copies of the “Lobbying
Certification Disclosure Form” for every Sub-Provider listed in the Personnel Roster in Section 8,
Table 8.1. A copy of the “Lobbying Certification Form” is found as an exhibit in Section 17 of this
RFP.
6.0
INSERT HERE: Behind Section 8 of the completed RFP, insert executed copies of a contract or
written intention to work for every Sub-Provider listed in the Personnel Roster in Section 8, Table
8.1.
Page 38 of 69
55-6RFPP002
SECTION 9
Qualifications and Experience for Project Managers
1.0
PROJECT MANAGERS - QUALIFICATIONS AND EXPERIENCE
Table 9.1
Subject Expertise
Project Management
Professional Credential
(see paragraph 2.5 below)
2.0
3.0
Possible Points to be Scored for Each Individual
1
2
3
4
5
More than
25 but
50 to 74
75 to 99
100 to 125
More than
less than
parcels
parcels
parcels
125 parcels
50 parcels
No
No
Yes
Yes
Yes
CRITERIA
2.1
All parcels must have been subject to Eminent Domain.
2.2
Total number of parcels (in aggregate) for which Project Management Services were
provided for a condemning authority, without distinction as to being a Provider’s
employee or Sub-Provider.
2.3
Project Management Services must include similar responsibilities for transportation
projects in which the ROW parcels were subject to eminent domain and the Uniform Act.
2.4
All parcels must have been in progress but not necessarily completed during the 5-year
period of April 2011 through April 2016.
2.5
For the purposes of this RFP, a professional credential in Project Management is
considered to be an active credential by a national or international organization which
requires training, experience, capstone exam, and continuing educational units in the
field of Project Management. The professional credential must be active at the date of
the response to the RFP and must remain active through the end of the contract period.
Examples of professional credentialing for a Project Manager are;
2.5.1
Project Management Professional (PMP) from the Project Management Institute,
or
2.5.2
Senior Right of Way Agent (SR/WA) from the International Right of Way
Association, or
2.5.3
Professional Engineer License
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 Provider or any of the individual
Page 39 of 69
55-6RFPP002
team members regarding their qualification, experience or performance. Experience must be
between the periods of April 2011 through April 2016.
4.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections
x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333
points. 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
60
.0.4333
Page 40 of 69
55-6RFPP002
5.0
PROJECT MANAGER #1 - SELF CERTIFICATION
5.1
Project Manager Name: (first)
5.2
Primary Residence: (city)
5.3
Employment (employee of Prime Provider or Subcontractor):
5.4
Professional designation
5.4.1
5.4.2
5.4.3
5.4.4
6.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
PROJECT MANGER #1 - EXPERIENCE LOG
6.1
Add rows to the log as needed.
6.2
Enter the year and month in which you, as a Project Manager were actively engaged in
performing similar services for parcels subject to eminent domain and the Uniform Act.
The experience must have taken place between the period of April 2011 and April 2016.
6.3
Enter the name of the Condemning Authority for which you performed work as a Project
Manager; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.
6.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 9.3
Year
Log for Qualifications and Experience for Project Manager #1
Month
No. of Parcels
Name of CA
Project Identification
Total
6.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
6.5.1
Signature:
Date:
Page 41 of 69
55-6RFPP002
7.0
PROJECT MANAGER #2 – EXPERIENCE LOG
7.1
Project Manager Name: (first)
7.2
Primary Residence: (city)
7.3
Employment (employee of Prime Provider or Subcontractor):
7.4
Professional designation
7.4.1
7.4.2
7.4.3
7.4.4
8.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
PROJECT MANGER #2 - EXPERIENCE LOG
8.1
Add rows to the log as needed.
8.2
Enter the year and month in which you, as a Project Manager were actively engaged in
performing similar services subject to eminent domain and the Uniform Act. The
experience must have taken place between the period of April 2011 and April 2016.
8.3
Enter the name of the Condemning Authority for which you performed work as a Project
Manager; i.e. Lower Colorado River Authority Department, City of Dallas, etc.
8.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 9.4
Year
Log for Qualifications and Experience for Project Manager #2
Month
No. of Parcels
Name of CA
Project Identification
Total
8.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
8.5.1
Signature:
Date:
.
Page 42 of 69
55-6RFPP002
SECTION 10
Qualifications and Experience for Negotiation Agents
1.0
NEGOTIATION AGENTS – QUALIFICATIONS AND EXPERIENCE
Table 10.1
Subject Expertise
1
Possible Points to be Scored
2
3
4
5
Negotiation/Acquisition
Services for Parcels
Subject to Eminent
Domain
More than 25 but
less than 50
parcels
50 to 74
parcels
75 to 99
parcels
100 and 125
parcels
More than
125 parcels
Texas Real Estate
License or License to
Practice Law in Texas
Yes
Yes
Yes
Yes
Yes
Professional Credential
(see paragraph 2.5
below)
No
No
Yes
Yes
Yes
2.0
CRITERIA
2.1
All parcels must have been subject to Eminent Domain.
2.2
Total number of parcels (in aggregate) for which Negotiation/Acquisition Services were
provided for a condemning authority subject to eminent domain and the Uniform Act,
without distinction as to being a Provider’s employee or Sub-Provider.
2.3
Negotiation/Acquisition Services must include similar responsibilities for transportation
projects in which the ROW parcels were subject to eminent domain and to the Uniform
Act.
2.4
All parcels must have been in progress but not necessarily completed during the 5-year
period of April 2011 through April 2016.
2.5
For the purposes of this RFP, a professional credential in Negotiation/Acquisition
Services is considered to be an active credential by a national or international
organization which requires training, experience, capstone exam, and continuing
educational units in the field of Negotiations/Acquisition. The professional credential
must be active at the date of the response to the RFP and must remain active through
the end of the contract period. Examples of professional credentialing for a
Negotiation/Acquisition Agents are:
2.5.1
Senior Right of Way Agent (SR/WA) from the International Right of Way
Association, or
2.5.2
Uniform Act Certification (R/W-URAC) from the International Right of Way
Association, or
2.5.3
Right of Way Negotiation and Acquisition Certification (R/W-NAC) from the
International Right of Way Association, or
Page 43 of 69
55-6RFPP002
2.5.4
An active license to practice law in Texas.
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 Provider or any of the individual
team members regarding their qualifications, experience or performance. Experience must be
between the periods of April 2011 through April 2016.
4.0
NEGOTIATION AGENTS – PROFESSIONAL LICENSE: Negotiation/Acquisition 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
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections
x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333
points. 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
60
0.4333
Page 44 of 69
55-6RFPP002
6.0
NEGOTIATION/ AGENT #1 - SELF CERTIFICATION
6.1
Negotiation Agent Name: (first)
6.2
Primary Residence: (city)
6.3
Employment (employee of Prime Provider or Subcontractor):
6.4
Professional designation
6.4.1
6.4.2
6.4.3
6.4.4
7.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
NEGOTIATION AGENT #1 - EXPERIENCE LOG
7.1
Add rows to the log as needed.
7.2
Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively
engaged in performing Negotiation/Acquisition for parcels subject to eminent domain and
the Uniform Act. The experience must have taken place between April 2011 and April
2016.
7.3
Enter the name of the Condemning Authority for which you performed work as a
Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of
Dallas, etc.
7.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 10.3
Year
Log for Qualifications and Experience for Negotiation Agent #1
Month
No. of Parcels
Name of CA
Project Identification
Total
7.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
6.5.1
Signature:
Date:
Page 45 of 69
55-6RFPP002
8.0
NEGOTIATION AGENT #2 - SELF CERTIFICATION
8.1
Negotiation Agent Name: (first)
8.2
Primary Residence: (city)
8.3
Employment (employee of Prime Provider or Subcontractor):
8.4
Professional designation
8.4.1
8.4.2
8.4.3
8.4.4
9.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
NEGOTIATION AGENT #2 - EXPERIENCE LOG
9.1
Add rows to the log as needed.
9.2
Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively
engaged in performing Negotiation/Acquisition Services under the Uniform. The
experience must have taken place between April 2011 and April 2016.
9.3
Enter the name of the Condemning Authority for which you performed work as a
Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of
Dallas, etc.
9.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 10.4
Year
Log for Qualifications and Experience for Negotiation Agent #2
Month
No. of Parcels
Name of CA
Project Identification
Total
9.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
9.5.1
Signature:
Date:
Page 46 of 69
55-6RFPP002
10.0
NEGOTIATION AGENT #3 - SELF CERTIFICATION
10.1
Negotiation Agent Name (first)
10.2
Primary Residence: (city)
10.3
Employment (employee of Prime Provider or Subcontractor):
10.4
Professional designation
10.4.1
10.4.2
10.4.3
10.4.4
11.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
NEGOTIATION AGENT #3 - EXPERIENCE LOG
11.1
Add rows to the log as needed.
11.2
Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively
engaged in performing Negotiation/Acquisition Services under the Uniform Act. The
experience must have taken place between April 2011 and April 2016.
11.3
Enter the name of the Condemning Authority for which you performed work as a
Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of
Dallas, etc.
11.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 10.5
Year
Log for Qualifications and Experience for Negotiation Agent #3
Month
No. of Parcels
Name of CA
Project Identification
Total
11.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
11.5.1 Signature:
Date:
Page 47 of 69
55-6RFPP002
SECTION 11
Qualifications and Experience for Relocation Agents
1.0
RELOCATION AGENTS – QUALIFICATIONS AND EXPERIENCE
Table 11.1
Subject Expertise
1
Possible Points to be Scored
2
3
4
5
Relocation Agent Services for
Parcels Subject to Eminent
Domain
More than 25
but less than
50 parcels
50 to 74
parcels
75 to 99
parcels
100 and
125 parcels
More than
125 parcels
Professional Credential
(see paragraph 2.5 below)
No
No
Yes
Yes
Yes
2.0
3.0
CRITERIA
2.1
All parcels must have been subject to Eminent Domain.
2.2
Total number of parcels (in aggregate) for which Relocation Services were provided for a
condemning authority subject to the Uniform Act, without distinction as to being a
Provider’s employee or Sub-Provider.
2.3
Relocation Services must include similar responsibilities for transportation projects in
which the ROW parcels were subject to eminent domain.
2.4
All parcels must have been in progress but not necessarily completed between the 5-year
periods of April 2011 through April 2016.
2.5
For the purposes of this RFP, a professional credential in Relocation Services is
considered to be an active credential by a national or international organization which
requires training, experience, capstone exam, and continuing educational units in the
field of Relocations under the Uniform Act. The professional credential must be active at
the date of the response to the RFP and must remain active through the end of the
contract period. Examples of professional credentialing for a Relocation Agent are;
2.5.1
Senior Right of Way Agent (SR/WA) from the International Right of Way
Association, or
2.5.2
Uniform Act Certification (R/W-URAC) from the International Right of Way
Association, or
2.5.3
Relocation Assistance Certification (R/W-RAC) from the International Right of
Way Association.
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 Provider or any of the individual
Page 48 of 69
55-6RFPP002
team members regarding their qualifications, experience or performance. Experience must be
between the periods of April 2011 through April 2016.
4.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections
x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333
points. 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
60
0.4333
Page 49 of 69
55-6RFPP002
5.0
RELOCATION AGENT #1 - SELF CERTIFICATION
5.1
Relocation Agent Name: (first)
5.2
Primary Residence: (city)
5.3
Employment (employee of Prime Provider or Subcontractor):
5.4
Professional designation
5.4.1
5.4.2
5.4.3
5.4.4
6.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
RELOCATION AGENT #1 - EXPERIENCE LOG
6.1
Add rows to the log as needed.
6.2
Enter the year and month in which you, as a Relocation Agent were actively engaged in
performing Relocation Agent Services under the Uniform. The experience must have
taken place between April 2011 and April 2016.
6.3
Enter the name of the Condemning Authority for which you performed work as a
Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.
6.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 11.3
Year
Log for Qualifications and Experience for Relocation Agent #1
Month
No. of Parcels
Name of CA
Project Identification
Total
6.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
6.5.1
Signature:
Date:
Page 50 of 69
55-6RFPP002
7.0
RELOCATION AGENT #2 - SELF CERTIFICATION
7.1
Relocation Agent Name: (first)
7.2
Primary Residence: (city)
7.3
Employment (employee of Prime Provider or Subcontractor):
7.4
Professional designation
7.4.1
7.4.2
7.4.3
7.4.4
8.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
RELOCATION AGENT #2 - EXPERIENCE LOG
8.1
Add rows to the log as needed.
8.2
Enter the year and month in which you, as a Relocation Agent were actively engaged in
performing Relocation Agent Services subject to the Uniform Act. The experience must
have taken place between the period of April 2011 and April 2016.
8.3
Enter the name of the Condemning Authority for which you performed work as a
Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.
8.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 11.4
Year
Log for Qualifications and Experience for Relocation Agent #2
Month
No. of Parcels
Name of CA
Project Identification
Total
8.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
8.5.1
Signature:
Date:
Page 51 of 69
55-6RFPP002
9.0
RELOCATION AGENT #3 - SELF CERTIFICATION
9.1
Relocation Agent Name: (first)
9.2
Primary Residence: (city)
9.3
Employment (employee of Prime Provider or Subcontractor):
9.4
Professional designation
9.4.1
9.4.2
9.4.3
9.4.4
10.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
RELOCATION AGENT #3 - EXPERIENCE LOG
10.1
Add rows to the log as needed.
10.2
Enter the year and month in which you, as a Relocation Agent were actively engaged in
performing Relocation Agent Services under the Uniform Act. The experience must have
taken place between the periods of April 2011and April 2016.
10.3
Enter the name of the Condemning Authority for which you performed work as a
Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.
10.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 11.5
Year
Log for Qualifications and Experience for Relocation Agent #3
Month
No. of Parcels
Name of CA
Project Identification
Total
10.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
10.5.1 Signature:
Date:
Page 52 of 69
55-6RFPP002
SECTION 12
Qualifications and Experience for Condemnation Support Specialists
1.0
CONDEMNATION SUPPORT SPECIALISTS - QUALIFICATIONS AND EXPERIENCE:
Table 12.1
Subject Expertise
1
Possible Points to be Scored
2
3
4
5
Condemnation Support
Specialist Services for Parcels
Subject to Eminent Domain
More than 25
but less than
50 parcels
50 to 74
parcels
75 to 99
parcels
100 and
125 parcels
More than
125 parcels
Professional Credential
(see paragraph 2.4 below)
No
No
Yes
Yes
Yes
2.0
CRITERIA
2.0
All parcels must have been subject to Eminent Domain.
2.1
Total number of parcels (in aggregate) for which Condemnation Support Services were
provided for a condemning authority subject to the Uniform Act, without distinction as to
being a Provider’s employee or Sub-Provider.
2.2
Condemnation Support Services must include similar responsibilities for transportation
projects in which the ROW parcels were subject to eminent domain and subject to the
Uniform Act.
2.3
All parcels must have been in progress but not necessarily completed during the 5-year
period of April 2011 through April 2016.
2.4
For the purposes of this RFP, a professional credential in Condemnation Support
Services is considered to be an active credential by a national or international
organization which requires training, experience, capstone exam, and continuing
educational units in the field of Condemnation Support under the Uniform Act. The
professional credential must be active at the date of the response to the RFP and must
remain active through the end of the contract period. Examples of professional
credentialing for Condemnation Support are;
2.4.1
Senior Right of Way Agent (SR/WA) from the International Right of Way
Association. 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
2.4.2
Uniform Act Certification (R/W-URAC) from the International Right of Way
Association, or
2.4.3
An active license to practice law in Texas.
Page 53 of 69
55-6RFPP002
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 Provider or any of the individual
team members regarding their qualifications, experience or performance. Experience must be
between the periods of April 2011 through April 2016.
4.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections
x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333
points. 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
60
0.4333
Page 54 of 69
55-6RFPP002
5.0
CONDEMNATION SUPPORT SPECIALIST #1 - SELF CERTIFICATION
5.1
Condemnation Specialist Name: (first)
5.2
Primary Residence: (city)
5.3
Employment (employee of Prime Provider or Subcontractor):
5.4
Professional designation
5.4.1
5.4.2
5.4.3
5.4.4
6.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
CONDEMNATION SUPPORT SPECIALIST #1 - EXPERIENCE LOG
6.1
Add rows to the log as needed.
6.2
Enter the year and month in which you, as a Condemnation Support Specialist were
actively engaged in performing Condemnation Support Services The experience must
have taken place between April 2011 and April 2016.
6.3
Enter the name of the Condemning Authority for which you performed work as a
Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of
Dallas, etc.
6.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 12.3
Year
Log for Qualifications and Experience for Condemnation Support Specialist #1
Month
No. of Parcels
Name of CA
Project Identification
Total
6.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
6.5.1
Signature:
Date:
Page 55 of 69
55-6RFPP002
7.0
CONDEMNATION SUPPORT SPECIALIST #2 - SELF CERTIFICATION
7.1
Condemnation Specialist Name: (first)
7.2
Primary Residence: (city)
7.3
Employment (employee of Prime Provider or Subcontractor):
7.4
Professional designation
7.4.1
7.4.2
7.4.3
7.4.4
8.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
CONDEMNDATION SUPPORT SPECIALIST AGENT #2 - EXPERIENCE LOG
8.1
Add rows to the log as needed.
8.2
Enter the year and month in which you, as a Condemnation Support Specialist were
actively engaged in performing Condemnation Support Services The experience must
have taken place between April 2011 and April 2016.
.
8.3
Enter the name of the Condemning Authority for which you performed work as a
Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of
Dallas, etc.
8.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 12.4
Year
Log for Qualifications and Experience for Condemnation Support Specialist #2
Month
No. of Parcels
Name of CA
Project Identification
Total
8.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
8.5.2
Signature:
Date:
Page 56 of 69
55-6RFPP002
9.0
CONDEMNATION SUPPORT SPECIALIST #3 - SELF CERTIFICATION
9.1
Condemnation Specialist Name: (first)
9.2
Primary Residence: (city)
9.3
Employment (employee of Prime Provider or Subcontractor):
9.4
Professional designation
9.4.1
9.4.2
9.4.3
9.4.4
10.0
(last)
(state)
Name of Sponsoring Entity:
Name of Credential:
Your Credential Number:
Expiration Date of Credential:
CONDEMNDATION SUPPORT SPECIALIST AGENT #3 - EXPERIENCE LOG
10.1
Add rows to the log as needed.
10.2
Enter the year and month in which you, as a Condemnation Support Specialist were
actively engaged in performing Condemnation Support Services. The experience must
have taken place between April 2011 and April 2016.
10.3
Enter the name of the Condemning Authority for which you performed work as a
Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of
Dallas, etc.
10.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 12.5
Year
Log for Qualifications and Experience for Condemnation Support Specialist #3
Month
No. of Parcels
Name of CA
Project Identification
Total
10.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
10.5.1 Signature:
Date:
Page 57 of 69
55-6RFPP002
SECTION 13
Qualifications and Experience for the Disposal of Property Specialist
1.0
DISPOSAL OF PROPERTY SPECIALISTS - QUALIFICATIONS AND EXPERIENCE:
Table 13.1
Subject Expertise
Disposal of Property Services for
Parcels Subject to Eminent
Domain
2.0
1
More than 25
but less than
50 parcels
Possible Points to be Scored
2
3
4
50 to 74
parcels
75 to 99
parcels
5
100 and
125 parcels
More than
125 parcels
CRITERIA
2.1
All parcels must have been subject to Eminent Domain.
2.2
Total number of parcels (in aggregate) for which Disposal of Property Services were
provided for a condemning authority subject to the Uniform Act, without distinction as to
being a Provider’s employee or Sub-Provider.
2.3
Disposal of Property Services must include similar responsibilities for transportation
projects in which the ROW parcels were subject to eminent domain and subject to the
Uniform Act.
2.4
All parcels must have been in progress but not necessarily completed during the 5-year
period of April 2011 through April 2016.
2.5
For the purposes of this RFP, a professional credential in Disposal of Property Services
is not applicable.
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 Provider or any of the individual
team members regarding their qualifications, experience or performance. Experience must be
between the periods of April 2011 through April 2016.
4.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9
through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections
x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333
points. The final score for this section will be rounded to the nearest whole number.
Table 13.2
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
60
0.4333
Page 58 of 69
55-6RFPP002
5.0
6.0
DISPOSAL OF PROPERTY SPECIALIST #1 - SELF CERTIFICATION
5.1
Disposal of Property Specialist Name: (first)
last)
5.2
Primary Residence: (city)
5.3
Employment (employee of Prime Provider or Subcontractor):
(state)
DISPOSAL OF PROPERTY SPECIALIST #1 - EXPERIENCE LOG
6.1
Add rows to the log as needed.
6.2
Enter the year and month in which you, as a Disposal of Property Specialist were actively
engaged in performing the services subject to eminent domain and the Uniform Act. The
experience must have taken place between April 2011 and April 2016.
6.3
Enter the name of the Condemning Authority for which you performed work as a Disposal
of Property Specialist; i.e., Lower Colorado River Authority, Department, City of Dallas,
etc.
6.4
Enter the Project Identification; i.e., IH-35 Department project, Waco.
Table 11.3
Year
Log for Qualifications and Experience for Disposal of Property Specialist #1
Month
No. of Parcels
Name of CA
Project Identification
Total
6.5
Self-Certification. My signature below certifies that all of my qualifications and
experience listed in this Section are true and correct.
6.5.1
Signature:
Date:
Page 59 of 69
55-6RFPP002
SECTION 14
Professional Qualifications and Experience for Real Estate Appraisers
1.0
REAL ESTATE APPRAISERS – CRITERIA FOR QUALIFICATIONS AND EXPERIENCE
1.1
The Provider shall only use Real Estate Appraisers that have been pre-qualified as
Department Certified Appraisers. No Work Authorization will be authorized for any
appraisal services without the individual Appraisers having gained Department
Certification from the Department.
1.2
The Provider will choose Real Estate appraisers based on their record of timely delivery
of appraisal assignments and specificity in the complexity of each appraisal assignment.
1.3
Multiple Appraisers can be used on a Work Authorization.
1.4
The Provider will build a Project Sales and Lease Data Book with the information shared
among the Appraisers in order to ensure the highest level of competency, efficiency,
openness and transparency.
1.5
In preparation of listing individual appraiser names on the personnel roster of a Work
Authorization, the Provider is responsible for review of the list of Department Certified
Appraisers at the following website.
http://www.txdot.gov/business/opportunities/real-estate-appraisers.html
1.6
If an Appraiser loses Department Certification status, no further appraisal assignments
will be allowed.
1.7
Each Appraiser is required to have achieved Department Certification which includes an
active certification issued by the Texas Appraiser Licensing and Certification Board, and
then achieved a second level of certification as a Department Certified Appraiser. The
records of the Appraiser’s certification date for both the State and the Department are
monitored by the ROW Division and as such, all of the Appraisers are qualified to accept
and complete appraisal assignments based on the property types allowed under their
individual certifications.
1.8
To complete the response to this section of the RFP, the Provider will access the website
shown under paragraph 1.5 above, print the list and attach it behind this section of the
document that is used for the response to this RFP.
1.9
As the use of a Department Certified Appraiser is dependent upon the location of the
assignment, the complexity of the assignment and the availability of the Appraiser to
deliver the report within the schedule demands, individual Appraisers will not be scored
for the purpose of this RFP.
1.10
INSERT HERE: Behind Section 14 of the completed RFP, insert a copy of the list of
Department Certified Real Estate Appraisers accessed from the website shown in
paragraph 1.5 above.
Page 60 of 69
55-6RFPP002
SECTION 15
Proposed Fee Schedule
1.0
2.0
EVALUATION CRITERIA: Specific work tasks that can be assigned for a ROWAPS work
authorization include; Project Management Services (with or without Field Office), Appraisal and
Appraisal Review Services (including original, update and preparation and testimony for eminent
domain cases), 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 each specified discipline.
1.3
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 uses, project time demands, availability of comparable sales and rental
information, replacement housing, eminent domain ratio, cost and safety to the traveling
public as a result of construction re-scheduling..
1.4
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 ROW map and driven each property on the project. You will
then meet with ROW-PD staff 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 9 categories of service disciplines listed in the following table.
Table 15.1
Service Discipline Categories
Project Management Services with Project Field Office
Project Management Services without Project Field Office
Negotiation Services
Condemnation Support Services
Disposal of Property Services
Relocation Services for Residential
Relocation Services for Business
Relocation Services for Outdoor Advertising Signs
Relocation Services for Personal Property and Storage Units
Appraisal Services
Review of Appraisal Services
All Appraisal Preparation and Testimony for Eminent Domain Cases
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
Page 61 of 69
55-6RFPP002
3.0
MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in this Section
equals 20% of the total possible score; i.e. each of the 45 possible points (12 service discipline
categories x 5 possible points = 60 total points) for this section will be weighted to equal 0.4333
point. 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 this section
(equals) Weighted point value for each possible point scored in this section*
3.1
130
20%
26
60
0.4333
The Department will compare your average fees to the fees paid for similar types of
service within the recent past, current fee schedules and current market rate. If your
average proposed fee for each of the 12 service categories listed on the previous page
falls outside of specified ranges from the Optimal Fee Point (OFP) the following points
are scored.
Table 15.3
Compared to Optimal Fee Point (OFP)
Within 15% above or below the OFP
Inside of a range of15% to 20%
Above or Below OFP
Inside of a range of 21% to 25%
Above or Below OFP
Inside of a range of 26% to 30%
Above or Below OFP
More than 30% Above or Below OFP
4.0
Possible
Points
5
Weighted
Point Value
0.4333
Points
Scored
2.1665
4
0.4333
1.7332
3
0.4333
1.2999
2
0.4333
0.8666
1
0.4333
0.4333
COMPLETING THE PROPOSED FEE SCHEDULE
4.1
Fees for Project Management Services are based on full administrative and management
services being provided for each Work Authorization. There are two categories of Project
Management Services. In both cases, the Project Management Services are paid on a
monthly basis.
4.1.1
Project Management Services without the requirement of a Project Field Office
4.1.2
Project Management Services with 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 a hard copy of the proposed fee schedule and place it behind this section of the
completed RFP. The spreadsheet shall be titled “Attachment A – Proposed Fee
Schedule”.
Page 62 of 69
55-6RFPP002
4.3
In addition to the hard copy of the Proposed Fee Schedule spreadsheet, you must submit
a CD disc containing a duplicate of the completed Proposed Fee Schedules. The
Proposed Fee Schedule on the CD must be produced in an unlocked Microsoft Excel©
Format.
4.3.1
4.4
The CD must be labeled to show the name of your company, the RFP number
55-6RFPP002, and the title “Proposed Fee Schedule”. The CD must be affixed
to the last and separate page behind this section of the completed RFP. The
page containing the CD disc will 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 spreadsheet is in Microsoft
Excel© format. The spreadsheet template formatted in Excel© must be downloaded as
“Attachment A-55-6RFPP002 Proposed Fee Schedule”. Both the RFP and the Excel©
spreadsheet can be downloaded at either of the following two web sites.
Department Website at
https://www.txdot.gov/business/opportunities/proposals.html
The Electronic State Business Daily at the State Comptrollers website at
http://esbd.cpa.state.tx.us
INSERT HERE: Behind Section 15 of the completed RFP, insert a CD disc containing a duplicate of the
completed Proposed Fee Schedules. The Proposed Fee Schedule on the CD must be produced in an
unlocked Microsoft Excel format.
Page 63 of 69
55-6RFPP002
SECTION 16
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. The 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 (blue ink)
(With authorized signature authority)
Title:
Date:
Street:
City/State/Zip Code:
Primary Telephone:
Email Address:
Facsimile:
Fed. Employer Identification No.
Page 64 of 69
55-6RFPP002
SECTION 17
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.
Page 65 of 69
55-6RFPP002
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)
Page 66 of 69
55-6RFPP002
Texas Department of Transportation
(Department)
Form 1560-CS
Professional Provider Insurance
(Rev. 03/13)
Page 2 of2
(Previously Known As Form 156G-CSS)
CERTIFICATE OF INSURANCE
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 Department 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:
Contractor/Client (if applicable):
Zip Code:
Vendor ID Number (11 digits):
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 Department.
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 Phone Number: I
Carrier Name: I
Address:
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 Phone Number: I
Carrier Name:
Address:
Type of Insurance
City: I
Policy Number
Business Automobile Policy
Bodily Injury
Effective Date
!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 Department 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 67 of 69
55-6RFPP002
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 68 of 69
55-6RFPP002
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 #
Page 69 of 69