RFP: 0000002473 .tx.us



REQUEST FOR PROPOSAL RFP#: 0000002473(Legacy #55-7RFP7400)ROW Division118 East Riverside DriveAustin, Texas 78704 For: Statewide Professional Real Estate Appraisal ServicesProposal Due Date: November 28, 2016 at 12:00 Noon (CST) SECTION 1Table of ContentsSectionDescriptionPage No.Cover Sheet11Table of Contents22General Information33Proposal Information64Statement of Work115General Terms and Conditions 156Department Certification of the Real Estate Appraiser 167State Licensing Requirements and Professional Designation188Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business (HUB) 209Experience of the Responding Real Estate Appraiser and Demonstrated Understanding of the Scope of Services to be Provided2110References, Ability to Meet Deadlines, and to Meet Department Scheduling Requirements2411Proposed Fee Schedule2812Execution of the Proposal3213Forms33SECTION 2General InformationSCOPE: The Texas Department of Transportation (Department) is requesting proposals for Professional Real Estate Appraisal Services (PREAS). Respondents must be individuals licensed as Certified Residential or Certified General Real Estate Appraisers by the Texas Appraiser Licensing and Certification Board (TALCB) and Department-Certified with TxDOT. An individual Real Estate Appraiser (Appraiser) must express an interest to contract for services by completing this Request for Proposal (RFP). The general scope of work for this PREAS contract is limited to; 1.1Real Estate Appraisal Services1.2Real Estate Appraisal Review Services 1.3Real Property Consulting - no opinion of value1.4Preparation and Testimony for Eminent Domain Cases2.0CONTRACT AMOUNT AND TERM: Depending upon the results of the evaluations, the Department will award contracts as follows:To each responding Appraiser with a minimum threshold of 28 points scored in the evaluation of the completed RFP. This is equal to 70% of the possible 40 points that can be scored (28 points / 40 points = 70%).Each in the amount of seven hundred fifty thousand dollars ($750,000) for a 2-year period beginning with the date the contract is executed by the Department. 3.0WORK 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 ROW Control, Section, and Job Number. There is no guarantee of minimum work by the Department.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.All work authorizations under the Contract shall be issued within two (2) years of the effective date of the contract.4.0ACRONYMS: GCD General Counsel Division OAG Office of the Attorney General RMDReal Estate Management Division of TxDOTDBEDisadvantaged Business EnterpriseED Eminent DomainPREAS Professional Real Estate Appraisal ServicesRFPRequest for ProposalROW-PDRight-of-Way Project DeliveryROWRight of Way Division of the Texas Department of TransportationSME Subject Matter ExpertTALCB Texas Appraiser Licensing and Certification BoardTxDOTTexas Department of Transportation (also see Department as a definition)TGCTexas Government CodeUSBUSB flash drive, an external flash driveUSPAPUniform Standards of Professional Appraisal Practice 2016-2017 Edition aspromulgated by the Appraisal Standards Board of The Appraisal Foundation5.0DEFINITIONS: 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.5.1Appraisal – The act or process of developing an opinion of value of or pertaining to appraising and related functions such as appraisal practice or appraisal services. (source: USPAP 2016-2017 edition)5.2Appraiser – One who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective. (source: USPAP 2016-2017 edition)5.3Appraisal Practice – Valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review. (source: USPAP 2016-2017 edition)5.4Appraisal Review – The act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review. (source: USPAP 2016-2017 edition)5.5Department – Texas Department of Transportation (also see TxDOT as an acronym).5.6Fee Schedule – The attachment to the contract that sets forth the performing entity’s fee schedule for each service in the contract document’s scope of work.5.7Fee for Service – Specific fee for a unit of service by which payments are made for each unit of service completed.5.8Jurisdictional Exception – An assignment condition established by applicable law or regulation, which precludes an appraiser from complying with a part of USPAP.(source: USPAP 2016-2017 edition)5.9Milestone – 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.5.10Performance Based Specifications – Focus on outcomes or results rather than process; i.e., what services are required, not how to produce them.5.11Department-Certified Appraiser – A Real Estate Appraiser having received department certification with TxDOT. 5.12Professional Services – Services directly related to professional practices as defined by Government Code, Chapter 2254, Subchapter A.5.13Provider – An Appraiser operating with a written 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.5.14Real Estate Appraiser (department-certified) - An individual licensed to provide real estate appraisal services in the State of Texas and certified by the Department. For the purposes of this RFP, the term “ Appraiser”, “Real Estate Appraiser” and “Department Certified Real Estate Appraiser” are used interchangeably. 5.15 Real Property Consulting – The act or process of developing and reporting an analysis, recommendation, or opinion concerning real property, where an opinion of value is not a component of the analysis, recommendation, or opinion. 5.16Reasonable 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.5.17Request 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 potential project assignments. (also known as proposal package)5.18Respondent – An individual Real Estate Appraiser responding to this RFP.5.19Review Appraiser - For the purposes of this RFP, the term “Review Appraiser” is used when referencing a Department-Certified Real Estate Appraiser that is performing Appraisal Review Services for the Department and is signing and certifying the review document.5.20Administrative Review – An administrative review process performed by a Department staff member that is not a Licensed Real Estate Appraiser.5.21Administrative Reviewer – A Department staff member signing the administrative review document only, who is not a Licensed Real Estate Appraiser.5.22Work Authorization – A written 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, a termination date and a maximum amount payable, which cannot deviate or exceed the terms that are set forth in the contract.SECTION 3Proposal Information 1.0SCHEDULE OF EVENTS: The Department reserves the right to change the dates shown below upon written notification.EVENT DATETIME (all times CT) Electronic Publication of RFP October 3, 2016 5:00 PMPre-Proposal Conference - WebEx (not mandatory) October 17, 2016 9:30 AM Deadline for Submission of Written Questions November 1, 2016 4:00 PMPublish Questions and Answers November 3, 2016 4:00 PM Last day to submit RFP November 28, 201612:00 NoonOpening of Proposals November 28, 2016 1:00 PMEvaluation of Proposals Begins November 30, 2016 See general note belowNotice of Awards (by letter) December 6-8, 2016 See general note belowContract Orientation Meeting - WebEx (mandatory) December 12, 2016 See general note below Expected Contract Start Date January 6, 2017 See general note belowGeneral 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. All dates may be amended or revised when deemed necessary.PRE-PROPOSAL CONFERENCE - WebEx (not mandatory): A pre-proposal conference and WebEx is scheduled for October 17, from 9:30 AM-11:30 AM. 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 will be held at Texas Department of Transportation (TxDOT), Austin District Office, at 7901 N. I-35, Building 7, Hearing Room, Austin, Texas 78753. WebEx details and an electronic invitation may only be obtained by sending a request to the following email address: david.wilson@ Persons with special needs or disabilities who plan to attend this meeting and require auxiliary aids or services should contact either of the TxDOT staff listed below at least 5 working days prior to the meeting so that appropriate arrangements can be made.David Wilson at david.wilson@ - (512) 416-2911 orCharlie Grote at charles.grote@ - (512) 416-2910 Persons attending the pre-proposal conference must print a copy of this RFP for their use. Copies will not be provided at the pre-proposal meeting.ELECTRONIC ACCESS TO THIS RFP: This RFP, attachments and any supplements can be accessed from either of the two following web sites.The TxDOT website at Electronic State Business Daily at the State Comptrollers website at HARD COPY ACCESS TO THIS RFP: This RFP, attachments and any supplements can be obtained by contacting either TxDOT staff listed below.David Wilson at: david.wilson@ – (512) 416-2911 Charlie Grote at: charles.grote@ – (512) 416-29105.0PROPOSAL REQUIREMENTS: 5.1All proposals shall be received, dated and time stamped at the Texas Department of Transportation Right of Way Division Headquarters located at 118 East Riverside Drive, Austin, Texas 78704 no later than 12:00 Noon Central Standard Time on November 28, 2016. Late proposals will not be considered under any circumstances. 5.1.1Responding Appraisers shall submit four (4) total proposal packages; one (1) original proposal submission with original ink signatures, plus 2 copies of the complete proposal package, and 1 electronic. (Only the original proposal requires original signatures). In addition, respondents shall submit an electronic signed proposal on the USB flash drive that is to include Section 11 “Proposed Fee Schedule”.5.1.1.1Section 11 of the RFP requires the respondent to include a USB flash drive containing a duplicate of the completed “Fee Schedule” that is also to be printed in hard copy for Section 11. The fee schedule duplicated on the USB flash drive must be in an unlocked Microsoft Excel ? Format along with a signed copy of the proposal.5.1.1.2The USB should be labeled and affixed to the last and separate page behind Section 11. The label must show your name as an individual Real Estate Appraiser (not your company), the RFP#: 0000002473 (LEGACY #55-7RFP7400), and the title “Original Fee Schedule and Signed Proposal”. The page containing the USB may be a plastic or paper sheet designed to secure the USB. Only one (1) USB is required and must be attached to the original RFP. Do not submit duplicate USBs with the additional copies of the RFP. 5.2.1The original and copies of the completed RFP should be produced on 8.5”x11” white paper.5.2.1.1All pages in the proposal package should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal.-Note: Number all pages of the proposal package in the order they occur from the first page to the last page of the proposal. This should include all pages that were additions into the proposal package.5.2.1.2Your completed proposal must include 13 separate Sections. Each Section should be designated by a numbered tab.5.3.1Proposals shall be limited to the contents specified in this RFP.5.4.1The completed original and two (2) copies plus (1) USB of the proposal should be placed in an envelope/package/box and correctly identified with your legal individual name of the responding Appraiser and the RFP#: 0000002473 (LEGACY #55-7RFP7400). Multiple responses will not be accepted. It is the Appraiser’s responsibility to appropriately mark and deliver the proposal to the Department by the specified date and time. 5.5.1Receipt of any and all addenda or supplements to this RFP should be acknowledged by returning a signed copy of each addendum with the response. 5.6.1Respondents to this RFP are responsible for all costs of proposal preparation. 5.7.1Proposals shall be submitted to the Department by overnight mail, regular mail or hand delivery to Texas Department of Transportation, Right of Way Division Headquarters at 118 East Riverside Drive, Austin, Texas 78704 and to the attention of David Wilson, Appraisal Lead of the ROW Division, Acquisition Section. 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. 5.8.1 Proposals will be opened at the ROW Division Headquarters Office located at 118 East Riverside Drive, Austin, Texas 78704 on November 28, 2016 at 1:00 PM. Respondents to this RFP are not submitting a bid and there will not be a public opening. 5.9.1 Telephone, e-mail and facsimile proposals are not an acceptable response to this RFP. All submitted proposals become the property of the Department after they are date stamped into the Right of Way Division Headquarters. Responses submitted shall constitute an offer for a period of ninety (90) days, or until selection is made, whichever occurs sooner, by the Department.5.10.1 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.5.11.1 A proposal which does not include all the requirements set forth in this RFP can be rejected as non-responsive and not considered further.5.12.1 The Department reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.6.0INQUIRIES: 6.1All inquiries shall be submitted in writing to David Wilson, TxDOT, Right of Way Division, 118 East Riverside Drive, Austin, Texas 78704 or by email to David.Wilson@6.2Upon publication of the RFP on October 3, 2016 and with the exception of written inquiries as described above, other employees and representatives of TxDOT will not answer questions or otherwise discuss the contents of the RFP with any potential responding Appraiser or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal. 7.0PROPOSAL EVALUATION AND AWARD: 7.1An evaluation team comprised of Department employees will be established to evaluate the proposals. The evaluation team will evaluate and score each proposal based on the criteria stated in the scoring matrix in this RFP.7.2To be eligible for a contract award, the responding Appraiser must reach a minimum threshold of 28 points scored in the evaluation of the completed RFP. This is equal to 70% of the possible 40 points that can be scored (28 points / 40 points = 70%).7.3Tie scores are not applicable to this RFP.7.4 The scope of work required by the RFP is not negotiable.7.5A Best and Final Offer is not applicable to this RFP.8.0EVALUATION SCALE AND MATRIX: Title 43; Part 1; Chapter 9; Subchapter F; §9.85(d) and (e)Government Code CriteriaTexas Administrative Code CriteriaEvaluation CriteriaRating ScaleLocation in Proposal and Maximum No. of PointsWeightMaximum Weighted ScoreChapter 2254Subchapter A; Section2254.003(a)(1)Title 43; Part 1; Chapter 9;Subchapter F; §9.89 (a)Department-certified by TxDOT No pointsSection 2Without department certification, the RFP will be considered non-responsive and a contract award will not be made.Title 43; Part 1; Chapter 9; Subchapter F; §9.85(c)(1)Experience of the individual real estate Appraiser and demonstrated understanding of the scope of services to be provided.1,3 or 5 pointsSection 95 Maximum Possible Points35%Each of the 5 possible points are weighted to equal 14 points(40 x 35% = 14 / 5 = 2.8 points)Title 43; Part 1; Chapter 9; Subchapter F; §9.85(c)(2)Title 43; Part 1; Chapter 9; Subchapter F; §9.85(c)(3)References including the ability to meet deadlines over the past three years and the ability to meet department scheduling requirements.1,3 or 5 pointsSection 105 Maximum Possible Points35%Each of the 5 possible points are weighted to equal 14 points(40 x 35% = 14 / 5 = 2.8 points)Title 43: Part1; Chapter 9; Subchapter F: §9.85(c)(4)Chapter 2254Subch. A, Sec. 2254.003(a)(2)Title 43; Part1; Chapter 9, Subchapter F §9.85(c)(5)Reasonableness of the fee 1,3 or 5 pointsSection 1130 Maximum Possible Points30%Each of the 30 possible points are weighted to equal 12.0 points(40 x 30% = 12 / 30 = 0.40 points)Total100%40 Maximum PointsSECTION 4Statement of Work1.0SERVICE REQUIREMENTS OF THE APPRAISER: Services shall include Real Estate Appraisal Practices defined under USPAP and Valuation Services permitted under Texas State Law.Service RequirementsAppraisalAppraisal Review Real Property ConsultingMust be on the TxDOT department-certified Real Estate Appraisers list which is available by following the link described in Section 6, paragraphs 2.0 and following steps 2.1.1 through 2.1.4 of this RFP.Provide advance notice of the date and time of their appraisal inspections of the subject property in order to coordinate the inspection with TxDOT Project Managers and Relocation Agents. If applicable, coordinate with other appropriate Points of Contact, i.e. OAG, GCD, RMD, et al. If applicableIfapplicableAcquistion AppraisalPrepare and conduct personal pre-appraisal contact with interest owners for each parcel using acceptable Department forms.If applicableIfapplicableMust contact property owner(s), or their designated representative, to offer them the opportunity to accompany the Appraiser on the inspection of the subject property. Maintain record of contact documented in file.If applicableIfapplicableFor the initial appraisal, prepare complete appraisal report for each parcel to be acquired utilizing Department Forms No. ROW-A-5 and ROW-A-6 as applicable. These reports shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation.NoNoFor an appraisal review, prepare complete appraisal review report for each appraisal document reviewed utilizing Department Form No. ROW-A-10. The report shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation.NoNoFor an updated appraisal, prepare complete appraisal update for the parcel to be acquired utilizing Department Form ROW-A-5, which will be furnished by the Department. These reports shall conform to Department policies and procedures along with the Uniform Standards of Professional Appraisal Practices.NoNoAs necessary, prepare written notification to the Department of any environmental concerns associated with the ROW to be acquired, which could require environmental remediation. If applicableIfapplicableReview appraisal report for each parcel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Practices.NoNoPrepare and submit to the ROW-PD Office the Form ROW-A-10 “Tabulation of Values”, for each review appraisal assignment.NoNoAs necessary, the Appraiser will coordinate with the Review Appraiser or the Administrative Reviewer regarding revisions, comments, or additional information that may be required. To meet performance expectations, the timeframe for this process will be:Three business days for the Review Appraiser to complete the review and contact the Appraiser for revisions or additional information.Three business days for the Appraiser to complete and deliver the revisions and provide the required additional information.Two business days for ROW-PD to complete the administrative review.NoAdministrative SettlementBeyond delivery of appraisal assignments, the Appraiser, the Review Appraiser, or an Appraiser hired for Consulting purposes may be called to provide preparation and input in the Administrative Settlement process, including presenting to and/or participating with the Administrative Team. For this appraisal assignment, the fee must be based on the hourly rate shown in the Appraiser’s Fee Schedule in the executed contract document.Preparation and TestimonyBeyond delivery of appraisal assignments, the Appraiser may be called to provide preparation and testimony for a Special Commissioners Hearing. For this appraisal assignment, the fee for preparation time and testimony must be based on the hourly rate shown in the Appraiser’s Fee Schedule in the executed contract document.IfapplicableReal Property DispositionDisposition assignments involve the sale and lease of TxDOT owned Property. The appropriate TxDOT office will contact the Appraiser for Real Property Disposition Services. If applicableReal Property ConsultingThe appropriate TxDOT office will contact the Appraiser for Real Property Consulting Services.NoNo2.0FEE SCHEDULE – PAYMENT MILESTONES:2.1Fee Appraisal Services2.1.1Payment made on per parcel basis. 2.1.2100% payment milestone paid upon delivery of complete and acceptable appraisal report or real property consulting 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. 2.1.3 Payment will be made for canceled assignments at the hourly rate for work completed up to the time of cancellation, unless otherwise specified by the Department and if the cancellation is at no fault of the provider. Proof of work completed must be submitted along with the invoice. 2.2 Fee for Review Appraisal 2.2.1 Payment made on a per parcel basis. 2.2.2 100% payment milestone paid upon submission of Department Form ROW-A-10. 2.2.3 Payment will be made for canceled assignments at the hourly rate for work completed up to the time of cancellation, unless otherwise specified by the Department and if the cancellation is at no fault of the provider. Proof of work completed must be submitted along with the invoice. 2.3 Fee for Real Property Consulting – no opinion of value 2.31 Payment made on per parcel basis 2.32 100% payment milestone paid up delivery of complete and acceptable real property consulting report. 2.33 Payment will be made for canceled assignments at the hourly rate for work completed up to the time of cancellation, unless otherwise specified by the Department and if the cancellation is at no fault of the provider. Proof of work completed must be submitted along with the invoice. 2.4 Fee for Appraisal Preparation and Testimony for Eminent Domain Services2.41 Payment made on per parcel basis.2.42 100% payment milestones paid on upon delivery of completed and acceptable report preparation services.2.43100% payment milestones paid on upon delivery of completed pre-hearing preparation services.2.44100% payment milestones paid on upon delivery of completed preparation services.2.45100% payment milestones paid on upon delivery of completed deposition testimony services.2.46100% payment milestones paid on upon delivery of completed mediation testimony services.2.47100% payment milestones paid on upon delivery of completed jury trial testimony services.2.48100% payment milestones paid on upon completed testimony services.3.0SERVICE REQUIREMENTS OF TxDOT: (Services shall include, but are not limited to the following activities)Assurance of ROW Project Release.Provide an approved Right of Way Parcel Map.Input data into Right of Way Information System (ROWIS). Provide timely reviews and approval of submissions as outlined above in Section 4, Statement of Work, or per the project needs as defined by the TxDOT.Provide all necessary standard forms and brochures.Provide final approval for all appraisals and appraisal review documents.Provide a copy to the Appraiser of their performance evaluation when completed.May conduct surveys of property owners and Displacees to determine quality of performance by the Appraiser.May initiate, coordinate, and administer environmental investigation surveys.SUBCONTRACTORS (SUBPROVIDERS): Subcontractors providing service under the work authorization shall meet the same requirements and level of experience as required of the respondent. No subcontract under the contract shall relieve the primary contracted Appraiser of responsibility for the service. If the Appraiser uses a Subcontractor for any of the work required, the following conditions shall apply under the listed circumstances.Responding Appraisers planning to subcontract a portion of the work shall identify the proposed Subcontractor in this RFP. Subcontracting shall be at the respondent’s expense.Subcontractors providing significant real property appraisal assistance who do not sign the appraisal certification on page one of the ROW-A-5 Department form, must be identified in the certification. It is not required that the description of their assistance be contained in the certification, but disclosure of their assistance is required in accordance with USPAP Standards Rule 2-2(a), (b), or (c) (vii) if applicable.The Department retains the right to check Subcontractors’ backgrounds and make a determination to approve or reject the use of submitted Subcontractors.The respondent shall be the only contact for the Department and Subcontractors, and shall be the designated point of contact for all Department and Subcontractor inquiries.Disadvantaged Business Enterprise for Federal-Aid Professional Service Contracts.It is the policy of the United States Department of Transportation and TxDOT that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR, Part 26, Subpart A and the DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Respondents to this RFP and any resulting contract award will be executed between the Department and an individual Appraiser only. Following this reasoning, the opportunity and reality of using Subcontractors will not exist as a typical business arrangement and the appropriate DBE Goal is Zero (0%).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.5.1Performance metrics for the on-time delivery of appraisal assignments will be kept by ROW-PD and reported to ROW-HQ on a regular basis in a format supplied by the Department. Late delivery of appraisal assignments 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.SECTION 5General Terms and Conditions1.0If the responding Appraiser is successful in scoring the minimum threshold points for this RFP and a contract is executed for Appraisal services, standard general contract terms and conditions will be used. Contract terms and conditions are not negotiable.2.0The general terms and conditions in the contract include, but are not limited to the following:2.1 Scope of Services and Work Schedule2.2 Method of Payment2.3 Work Authorizations2.4 Progress Reports2.5 Suspension2.6 Additional Work2.7 Changes in Work Due to Errors 2.8 Supplemental Agreements/Work Authorizations2.9 Public Information Act / Ownership and Confidentiality 2.10 Personnel, Equipment and Material 2.11 Audit 2.12 Subcontracting 2.13 Evaluation of Work 2.14 Submission of Reports 2.15 Violation of Contract Terms / Breach of Contract 2.16 Termination 2.17 Complaince with Laws 2.18 Indemnification2.19 Acquisition Provider’s Responsibility2.20 Noncollusion 2.21 Insurance 2.22 Gratuities 2.23 Disadvantaged Business Enterprise or Historically Underutilized Business Requirements2.24 Retention, Availability of Records and Requirements 2.25 Debarment Certification 2.26 Lobbying Certification/Disclosure 2.27 Civil Right Complaince 2.28 Intellectual Property Rights 2.29 Property Management and Procurement Standards 2.30 Computer Graphics Files 2.31 Debt to the State 2.32 Prompt Pay 2.33 Acquisitions Providers List 2.34 Child Support Certification 2.35 Successors and Assigns 2.36 Severability 2.37 Prior Contract Superseded 2.38 Conflict of Interest 2.39 Nepotism Disclosure 2.40 Office of Management and Budget Audit Requirements 2.41 E-Verify Certification 2.42 Restrictions on Employment of Former State Officer or Employee 2.43 Non-Discrimination Provisions SECTION 6Department Certification of the Real Estate AppraiserThe individual Appraiser responding to this RFP must hold an active TxDOT Department Certification in order for this RFP to be evaluated or a contract awarded.If you hold a current TxDOT Department Certification as an Appraiser, complete the following. Date of your TxDOT Department Certification: (mm/dd/yyyy). Your Department Certification date is shown on your original approval letter from TxDOT or you can find the information by:Going to the TxDOT Home Page at: the Home Page, select the tab at the right-hand middle of the page titled “Business”At the “Business Page” under the topic heading of “Opportunities”, select “DepartmentcCertification for Professional Real Estate Appraisers”.Then select the “bullet” with the title; “Listing of Department Certified Real Estate Appraisers.” Print the “Listing of Department Certified Real Estate Appraisers,” highlight and flag your name on the list and submit after Section 6 in the proposal. If your name is not found on the “Listing of Department-Certified Real Estate Appraisers” as described above, or you have not been approved for Department Ccertification, follow these instructions:Go to the Texas Department of Transportation Home Page at: the Home Page, select the tab at the right-hand middle of the page titled “Business”At the “Business Page” under the topic heading of “Opportunities”, select “Department Certification for Professional Real Estate Appraisers.”Then select the “bullet” with the title; “Application for DepartmentCertification as a Professional Real Estate Appraiser (Form ROW-A-1)”. Print and complete the form and mail it to:Texas Department of Transportation; Right of Way Division, PO Box 5075, Austin, TX 78763-5075The review process for the Department Certification approval of an Appraiser takes approximately two (2) business days. There are no points to be scored by completing this section, but as previously stated the Appraiser responding to this RFP must hold an active Department Certification approval by TxDOT in order for this RFP to be evaluated. Department Certification expires concurrently with the expiration of the appraiser’s license from TALCB. The appraiser must submit a copy of their license renewal to the ROW-Division every two (2) years, in order to maintain Department Certification. If an Appraiser loses Department Certification status, no further assignments will be allowed until the Appraiser regains an active Department Certification status. Replace this page in your completed RFP with a copy verifying Department Certification. Insert either the confirmation email from TxDOT or follow the steps below to print the list. Please highlight and flag your name on the list. If you are printing the list from TxDOT website, go to , click, “Opportunities,” click “Department Certification for Professional Real Estate Appraisal Services,” select “Listing of Department-Certified Real Estate Appraisers.” SECTION 7 State Licensing Requirements and Professional Designation1.0State Licensing Requirements - The Appraiser must have an active certification as a State Certified General Real Estate Appraiser or State Certified Residential Appraiser issued by the Texas Appraiser Licensing and Certification Board (TALCB).The number of your State Certification is TX-1.2 The expiration date of your State Certification is (mm/dd/yyyy) Note: Department Certification expires concurrently with the expiration of the appraiser’s license from TALCB. The appraiser must submit a copy of their license renewal to the ROW-Division every two (2) years, in order to maintain Department Certification. The Department reserves the right to verify professional qualifications prior to award. Any false or negative responses may be grounds for disqualification of the proposal.2.0 Professional DesignationFor the purposes of this RFP, a Professional Designation for a Real Estate Appraiser is an active designation or certification by a national or international organization devoted solely to the appraisal industry which has adopted the Uniform Standards of Professional Appraisal Practice (USPAP) for professional appraisal practice in North America and promulgated by the Appraisal Standards Board of the Appraisal Foundation. In addition, the organization must require training, experience, testing and recertification in the field of real estate appraisal.2.2For the purpose of this RFP, a Professional Designation is only a requirement to achieve the highest number of possible points in Section (9) of this RFP.Identifying your Professional Designation2.31 Do you have a Professional Designation: (Yes or No)If you answered “Yes” to the question, complete the following:2.3.2Title of the Designation: 2.3.3Organization awarding the Designation:2.3.4The expiration date of your Designation: Place a copy of your Professional Designation on the next page: 3.0No points can be scored for this section, but points will be added in Section 9 if applicable, however if submitting proof of professional designation, it is required to be placed in this section of the RFP.Replace this page in your completed RFP with a copy of your Professional DesignationSECTION 8Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business (HUB)Disadvantaged Business Enterprise for Federal-Aid Professional Service Contracts.As previously stated earlier in this RFP, it is the policy of the United States Department of Transportation and TxDOT that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR, Part 26, Subpart A and the DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Respondents to this RFP and any resulting contract award will be executed between the Department and an individual Appraiser only. Following this reasoning, the opportunity and reality of using Subcontractors will not exist as a typical business arrangement and the appropriate DBE Goal is Zero (0%).Following this reasoning, no additional points are scored for the responding Appraiser having a certification as either a DBE or HUB, but the Department’s objectives related to DBE and HUB include;Ensuring nondiscrimination in the award and administration of the contract;Ensure that the program is tailored in accordance with applicable law;Promote the use of DBEs in all types of federally assisted contracts and procurement activities;To assist in the development of firms that can compete successfully in the marketplace outside of the DBE program;Provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs;Creating a level playing field on which these groups can compete fairly for contracts;Ensuring that only firms that fully meet eligibility standards are permitted to participate; and Help to remove barriers to the participation.2.0In order to achieve our objectives, please complete the following information if you, as an individual Appraiser, have DBE or HUB certification.2.1Are you a DBE (Yes or No) If the answer is “Yes”, what is your DBE Certification Number? Date of Expiration:2.2Are you a HUB (Yes or No) If the answer is “Yes”, what is your HUB Certification Number? Date of Expiration:SECTION 9Experience of the Responding Real Estate Appraiser and Demonstrated Understanding of the Scope of Services to be Provided*Please use the address information all correspondence will be sent to regarding this RFP and Contract if applicable. Name of Appraiser: (first)(MI) (last)2.0Primary Residence: (city)(state)3.0Primary Address: (address)(city) (state) (zip code)4.0 Qualifications and Experience Scoring CriteriaThis table applies to both Certified Residential and Certified General Real Estate Appraisers1Pt.Signature Appraiser for less than 5 residential or non-residential appraisalson real estate property that was subject to eminent domain. Eminent domain (ED) experience may consist of any combination of residential and non-residential appraisal assignments. For purposes of this specific RFP, the terms “Signature Appraiser” is interchangeable with the term “Appraiser Providing Significant Real Property Appraisal Assistance”. Experience may not have been gained as a trainee. Lack of experience performing ED appraisals will not necessarily preclude the applicant from qualifying for a PREAS Contract. 3 Pts.Signature Appraiser for 5 to 25 residential or non-residential appraisalson real estate property that was subject to eminent domain. ED experience may consist of any combination of residential and non-residential appraisal assignments. 5 Pts.Signature Appraiser for more than 26 residential or non-residential appraisals on real estate property that was subject to eminent domain. ED experience may consist of any combination of residential and non-residential appraisal assignments.andProfessional DesignationAs real estate appraisers are licensed under Texas statutes, verification of individual experience in a self- reporting log format is sufficient. Falsification of professional experience is a violation of the Uniform Standards of Professional Appraisal Practice and grounds for disqualification of the proposal in its entirety.6.0For purposes of this RFP, professional real estate appraisal work experience that demonstrates your understanding of the scope of services to be provided must have been completed within the 5-year period October 2011 to October 2016. MAXIMUM POSSIBLE POINTS: Each of the maximum possible 5 points that can be scored in this section is weighted to 2.8 points each. The final score for this section will be rounded to the nearest whole number.Total possible points available in the RFP40(times) Scoring weight of this section 35%(equals) This section’s weighted percentage of the total possible points available in the RFP14(divided by) Total possible points available in this section5(equals) Weighted point value for each possible point scored in this section2.87.0APPRAISER EXPERIENCE LOG (you must have been the Signature Appraiser) Note 1: Use one line for each individual appraisal assignment. Add rows as necessary however, it is not necessary to list more than 26 qualifying appraisal assignments as 26 qualifying appraisal assignments is the threshold for maximum points.Note 2: Types of Residential Appraisals are: 1-4 unit vacant land, or 1-4 unit residential properties. Note 3:Types of Non-Residential Appraisals are: Vacant Land, Commercial, Industrial, and Other. Below is a Sample Experience Log:No.Mo. And Yr. Work CompletedType of Residential or Non-Residential Property Appraised (note 2)General Location(City or Region)ClientCondemning AuthorityE1June 2012CommercialAustin, TexasLaw FirmTravis CountyE2Mar 2012Vacant LandFort Worth, TexasLand OwnerBNSF RailroadE3July 2014IndustrialHouston, TexasCity of HoustonSchool District E4Dec 2015SFRLubbock, TexasProperty OwnerCity of LubbockE5Feb 2015Vacant LandEl Paso, TexasLand OwnerCounty Water Imprvmnt District E6June 2016CommercialSherman, TexasTxDOTTxDOTComplete the following APPRAISER EXPERIENCE LOG:No.Mo. and Yr. Work was CompletedType of Residential or Non-Residential Property Appraised(note 2)General Location(City or Region)ClientCondemning Authority1234567891011121314151617181920212223242526No. of Total AppraisalsSECTION 10References, Ability to Meet Deadlines, and to Meet Department Scheduling RequirementsEVALUATION CRITERIA: As a performance based professional service the past performance of the responding Appraiser and the ability to meet deadlines and Department Scheduling Requirements will be evaluated. 2.0MAXIMUM POSSIBLE POINTS: Each of the maximum possible 5 points that can be scored in this section is weighted to 2.8 points each. The final score for this section will be rounded to the nearest whole number.Total possible points available in the RFP40(times) Scoring weight of this section 35%(equals) This section’s weighted percentage of the total possible points available in the RFP14(divided by) Total possible points available in this section5(equals) Weighted point value for each possible point scored in this section2.81 Pt.Submit a copy of 1 written Performance Evaluation or Reference Letter from a client that indicates satisfaction with your appraisal product quality and your ability to meet production or delivery timelines within the past five years from October 2011 through October 2016.3 Pts.Submit copies of 2 written Performance Evaluations or Reference Letters from clients that indicate satisfaction with your appraisal product quality and your ability to meet production or delivery timelines within the past five years from October 2011 through October 2016.5 Pts.Submit copies of 3 written Performance Evaluations or Reference Letters from clients that indicate satisfaction with your appraisal product quality and your ability to meet production or delivery timelines within the past five years from October 2011 through October 2016.3.0 Performance Evaluations or Reference Letters must address the appraiser’s name, the work performed, and whether the work performed was on time and acceptable. The Performance Evaluations or Reference Letters must be related to different valuation services, but may be from the same client, and may reference the same project. 4.0 The evaluation team for the RFP must be able to determine from each Performance Evaluation or Reference Letter that the work was completed on time and that the work product was satisfactory.WRITTEN PERFORMANCE EVALUATIONS OR REFERENCE LETTERS: Copies of the written Performance Evaluations or Reference Letters from clients are to be located behind this section of the completed RFP. Company LetterheadReference Letter #1[Name of Individual/Company completing Reference Letter]MACROBUTTON DoFieldClick [Street Address]MACROBUTTON DoFieldClick [City, ST ZIP Code][Phone Number][e-mail address] CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT October , 2016In Reference to [Appraiser Name]Please be sure your reference states the following: 961390110490SAMPLE00SAMPLEType of Work/ Service Performed When and Where the Work/ Service was PerformedWas the Work/ Service Provided on Schedule Was the Work/ Service AcceptableSincerely,[Reference Name]MACROBUTTON DoFieldClick [Title]Company LetterheadReference Letter #2[Name of Individual/Company completing Reference Letter]MACROBUTTON DoFieldClick [Street Address]MACROBUTTON DoFieldClick [City, ST ZIP Code][Phone Number] [e-mail address] CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT October , 2016In Reference to [Appraiser Name]Please be sure your reference states the following: Type of Work/ Service Performed 117792540640SAMPLE00SAMPLEWhen and Where the Work/ Service was PerformedWas the Work/ Service Provided on Schedule Was the Work/ Service AcceptableSincerely,[Reference Name]MACROBUTTON DoFieldClick [Title]Company LetterheadReference Letter #3[Name of Individual/Company completing Reference Letter]MACROBUTTON DoFieldClick [Street Address]MACROBUTTON DoFieldClick [City, ST ZIP Code][Phone Number][e-mail address]October CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT , 2016In Reference to [Appraiser Name]800735158115SAMPLE00SAMPLEPlease be sure your reference states the following: Type of Work/ Service Performed When and Where the Work/ Service was PerformedWas the Work/ Service Provided on Schedule Was the Work/ Service AcceptableSincerely,[Reference Name]MACROBUTTON DoFieldClick [Title]SECTION 11Proposed Fee ScheduleEVALUATION CRITERIA: Specific work tasks assigned through a PREAS work authorization include; Appraisal and Appraisal Review Services (including original, update and preparation and testimony for eminent domain cases); and Valuation Services (including Real Property Consulting – with no value opinion). 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 PREAS 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.”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 real estate appraisal service fees for each assignment type shown in the fee schedule template.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 include: project location, project time demands, availability of comparable sales rental information.If you as a responding Appraiser are 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 appraisal assignment on a parcel basis after you have reviewed a copy of the ROW map and driven the specific parcels designated in the Work Authorization. You will then meet with the ROW-PD staff to determine the specific fee for each real estate appraisal service associated with each parcel.The scoring evaluation of your proposed fee schedule is based on the reasonableness of the proposed fee range for all real estate appraisal services shown in the following table.Service Discipline CategoriesPossible PointsAppraisal Services – Eminent Domain1, 3 or 5Review of Appraisal Services – Eminent Domain 1, 3 or 5Appraisal Preparation and Testimony for Eminent Domain 1, 3 or 5Real Property Disposition (Surplus Property Appraisal)1, 3 or 5Review of Real Property Disposition (Surplus Property) 1, 3 or 5Real Property Consulting – no opinion of value1, 3 or 5Total Possible Points for this Section30 points 7.0MAXIMUM POSSIBLE POINTS: Each of the maximum possible 30 points that can be scored in this section is weighted to 0.40 points each. The final score for this section will be rounded to the nearest whole number. Total possible points available in the RFP40(times) Scoring weight of this section30%(equals) This section’s weighted percentage of the total possible points available in the RFP12(divided by) Total possible points available in this section30(equals) Weighted point value for each possible point scored in this section*0.407.1If your average fee is shown to be more than two standard deviations from the mean, you will be awarded 1 point (weighted value is 1 x 0.40 = 0.40 point).7.2If your average fee is shown to be within two standard deviations from the mean, you will be awarded 3 points (weighted value is 3 x 0.40 = 1.20 point).7.3If your average fee is shown to be within one standard deviation from the mean, you will be awarded 5 points (weighted value is 5 x 0.40 = 2.00 points). 8.0COMPLETING THE PROPOSED FEE SCHEDULE8.1All appraisal and real property consulting assignments are paid on a fee for service for completed milestones. No payments or partial payments for incomplete or unaccomplished milestones will be paid.8.2The Proposed Fee Schedules must be completed in an Excel spreadsheet format. Please remember to fill out your name at the top left of your Fee Schedule. Print a hard copy of the spreadsheet and place it behind this section of the completed RFP.In addition to the hard copy of the spreadsheet being placed behind this Section of the completed RFP, you must submit a USB flash drive containing a duplicate of the completed Proposed Fee Schedule and an electronic signed RFP. The Proposed Fee Schedule duplicated on the USB flash drive must be produced in Microsoft Excel Format and must be able to be copied in order for the Department to complete the analysis.The USB flash drive should be affixed to the last and separate page behind this Section of the completed RFP. The page containing the USB flash drive may be a plastic or paper sheet designed for USB flash drive presentation. Only one (1) USB flash drive is required. This RFP is published in Microsoft Word format and the spreadsheet is in a Microsoft Excel format. The prepared spreadsheet formatted in Excel must be downloaded as “Attachment A to RFP#: 0000002473 (LEGACY #55-7RFP7400). Both the RFP and the Excel spreadsheet (Attachment A) may be downloaded at either of the following two web sites.TxDOT website at Electronic State Business Daily at the State Comptrollers website at this page in your completed RFP with a copy of a printout of your complete Fee ScheduleMANDATORY***Must Complete Each Cell in the Fee Schedule(PLEASE ENTER A REALISITIC AND REASONABLE DOLLAR AMOUNT.)PLEASE NOTE: IF AWARDED A CONTRACT AND CELLS ARE INCOMPLETE, THAT SERVICE CANNOT BE ASSIGNED UNDER A WORK AUTHORIZATION.Replace this page in your completed original RFP with a sheet to which the USB FLASH DRIVE electronic copy of your proposed fee schedule is attached. The replacement page containing the USB FLASH DRIVE may be a plastic or paper sheet designed for USB FLASH DRIVE Storage. Do not submit duplicate copies of the USB FLASH DRIVE with the additional copies of the RFP.SECTION 12EXECUTION OF THE PROPOSALNOTE: RESPONDENTS SHALL COMPLETE, SIGN 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. Respondent certifies that he/she have not 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 Real Estate Appraiser certifies that the individual or business entity named in this proposal 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 name and Social Security Number of each person. Respondents that have pre-registered this information on the Texas Comptroller of Public Accounts Centralized Master Bidders List have satisfied this requirement. If not pre-registered, provide the name and Social Security Number with the Execution of Proposal. Respondent is in compliance with TGC, Title 6, Subtitle A, Section 669.001, relating to contracting with an executive of a state agency. If Section 669.001 applies, respondent shall provide the following information as an attachment to this response; Name of former executive, name of state agency, date of separation from state agency, position with respondent, and date of employment with respondent. Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of the respondent and to bind the respondent under any contract resulting from this proposal. Respondent (Individual Appraiser’s Name Printed):***Ink Signature RequiredSignature (ink):Date: ***Please use the address information all correspondence will be sent to regarding this RFP and Contract.Primary Address: (street)(city/state/zip)Primary Telephone:Cell Phone:Email Address:Social Security Number :SECTION 13FORMSInsurance Form 1560-CS. Complete “Certificate of Insurance” form 1560-CS and place it behind this section of the competed RFP. Lobbying Certification. Complete the “Lobbying Certification” form and place it behind this section of the completed RFP.3.0Federal Sub-Provider and Supplier Information (DBE Form H-5). Complete the “Federal Sub-Provider and Supplier Information (DBE Form H-5) and place it behind this section of the completed RFP.4.0Failure to accurately complete and submit all of the forms listed above in the completed RFP may result in the RFP being considered non-responsive. LOBBYING CERTIFICATION For Grants, Contracts, Loans, and Interagency Cooperation Contracts The undersigned certifies to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid by or on behalf of theundersigned, 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. If any funds other than federal appropriated funds have been paid or will be paid toany 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. The undersigned shall require that the language of this certification be included inthe 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 ________________________ DateFederal 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 Sub-Providers and/or suppliers that provided proposals/quotes for this contract prior to execution. You may reproduce this form if additional space is needed. NameAddressPhone NumberThe information must be provided and returned with the contract. ____________________________________________________SignatureDate________________________Printed Name EmailPhone # ................
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