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RFP: 55-6RFPP002

55-6RFPP002

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)

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

SECTION 2

General Information

1.0 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

1.2Real Estate Appraisal Services

1.3Real Estate Appraisal Review Services

1.4Negotiation Services

1.5Relocation Assistance Services

1.6Condemnation Support Services

1.7Disposal of Property Services

2.0CONTRACT 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.

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 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

4.0ACRONYMS:

4.1AAG Assistant Attorney General

4.2CMRRR - Certified Mail-Return Receipt Requested

4.3DBE Disadvantaged Business Enterprise

4.4OAG Office of the Attorney General

4.5PUA - Possession and Use Agreement

4.6RFP Request for Proposal

4.7ROW Right of Way

4.8ROW-PD Right of Way Project Delivery Staff

4.9ROWAPS Right of Way Acquisition Professional Services (work disciplines of right of way acquisition services, including appraisal services, but excluding surveying, engineering, or architectural services).

4.10SME Subject Matter Expert

4.11TxDOT Texas Department of Transportation (also see Department)

4.12WBS Work Breakdown Schedule

5.0DEFINITIONS: 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.

5.1Department The Texas Department of Transportation (also see TxDOT)

5.2Fee Schedule The attachment to the contract that sets forth the performing entitys fees for each service in the contract documents scope of work.

5.3Fee for Service Specific fee for a unit of service by which payments are made for each unit of service completed.

5.4Milestone 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.

5.5Pass 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.

5.6Performance Based Specifications Focus on outcomes or results rather than process; i.e., what services are required, not how to produce them.

5.7Provider - 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.

5.8Professional Services Services directly related to professional practices as defined by Government Code, Chapter 2254, Subchapter A.

5.9Real 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. For the purposes of this RFP, the term Appraiser, Real Estate Appraiser and Department Certified Real Estate Appraiser are used interchangeably

5.10Reasonable 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.

5.11Respondent A ROWAPS entity responding to this RFP.

5.12Request 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

5.13Sub-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.

5.14Uniform Act - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.

5.15Work 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.

SECTION 3

Proposal Information

1.0SCHEDULE OF EVENTS: The Department reserves the right to change the dates shown below upon written notification.

EVENT DATETIME

Electronic Publication of RFPMay 4, 201612:00 Noon (CST)

Public Pre-Proposal Conference (not mandatory)May 10, 20169:30 AM (CST)

Deadline for Submission of Written Questions May 16, 20164: 00PM (CST)

Publish Questions and Answers May 18, 20164:00 PM (CST)

Last day to submit RFPMay 31, 201612:00 Noon (CST)

Opening of Proposals (no public opening)May 31, 201612:30 PM (CST)

Evaluation of Proposals BeginsJune 1, 2016See general note below

Notice of Awards (by letter)June 10, 2016See general note below

Contract Orientation Meeting (mandatory)June 16, 2016See general note below

Expected Contract Start Date July 8, 2016See 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.

2.0PRE-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 [email protected] or (512) 416-2821 or

2.1.2 Tara ONeal at [email protected] (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.

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 Leila Valenzuela at [email protected] or (512) 416-2821 or

4.2 Tara ONeal at [email protected] (512) 832-7373

5.0PROPOSAL REQUIREMENTS:

5.1All 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.

5.1.1.1Section 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.

5.1.1.2The 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.

5.1.2The original and copies of the completed RFP should be produced on 8.5x11 white paper with the exception of;

5.1.2.1The 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.

5.1.2.2All pages in the RFP should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal.

5.1.2.3Your completed proposal must include 17 separate Sections. Each Section should be designated by a number tab.

5.1.2.4Each 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.

5.1.2.5Department reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state

5.1.3Proposals 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 companys name and the RFP number 55-6RFPP002. Multiple responses will not be accepted. It is the respondents 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.

5.1.9Telephone, 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.

5.1.10The 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.

5.1.11A 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.

6.0INQUIRIES:

6.1All inquiries shall be submitted in writing to Gus Cannon, Texas Dept. of Transportation, ROW Division, 118 East Riverside Drive, Austin, Texas 78704.

6.2After 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 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 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.

7.2To 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).

7.3Tie 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.

7.6If 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.

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ROWAPS 55-6RFPP002

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Page 10 of 69

Table 3.1EVALUATION SCALE AND MATRIX: Title 43; Pt. 1; Ch.9; Subchapter F; 9.85(d) and (e)

Government Code Criteria

Texas Administrative Code Criteria

Evaluation Criteria

Rating Scale

Location in Proposal and Maximum No. of Points

Weight

Maximum Weighted Score

Chapter 2254

Subchapter A

Section. 2254.003(a)(1)

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)(4)



Experience of the firm and the team

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.

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.)

Title 43: Pt.1; Ch. 9; Subch. F: 9.85(a)(7)

Ability to meet Department Scheduling requirements.

1, 3 or 5 points

Section 7


20%

Each of the 5 possible points are weighted to equal 5.2 points

(130 x 20% = 26 / 5 = 5.2)


Title 43; Pt. 1; Ch. 9; Subch. F; 9.85(a)(2)

Title 43; Pt.1; Ch. 9; Subch. F; 9.85(c)(1-4) and 9.89

Professional qualifications

Experience of the individuals

Appraiser must be Department-certified

1,3 or 5 points x 12 persons

Sections 9- 13 60 Maximum Possible Points

20%

Each of the 60 possible points are weighted to equal 0.4333 pts

(130 x 20% = 26 / 60 = 0.4333)

Chapter 2254

Subch. A, Sec. 2254.003(a)(2)

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

Section 15


20%

Each of the 60 possible points is weighted to equal 0.4333 points

(130 x 20% = 26 / 60 = 0.4333)

Total

130 Maximum Pts

100%

130 Maximum Pts

1.

SECTION 4

Statement of Work

1.0SERVICE REQUIREMENTS OF THE PROVIDER: Services shall include, but are not limited to the following activities:

1.1Project Management

1.1.1Negotiation of the Scope of Services for each Work Authorization

1.1.1.1Provider will visit project site with ROW-PD.

1.1.2Project Field Office (only if required in the Work Authorization)

1.1.2.1If 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.

1.1.2.1.1Utility expenses for water, sewer, natural gas and electricity.

1.1.2.1.2Janitorial services, property taxes, insurance, property management fees to the lessor, and trash collection.

1.1.2.1.3Project 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 Providers monthly management fee.

1.1.2.2No profit, management fee or service fee by the Provider is allowed on any pass through costs.

1.1.2.3The cost of pass through expenses will be counted against the Contract and authorized amount of the Work Authorization.

1.1.3No joint use of existing office currently occupied by the Provider or any Sub-Providers.

1.1.3.1No joint use of Department facilities with the exception of;

1.1.3.1.1Necessary 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.

1.1.5Location approved by ROW-PD.

1.1.6Open during normal state work hours.

1.1.7Staffed with personnel available to answer questions during normal state work hours.

1.1.8Permanent project files will be located in the district ROW-PD Office and ultimately at ROW Headquarters in Austin as the Office of Permanent Record. The Provider is allowed to keep working file copies in the Providers 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.

1.1.9At least one office staff member of the Provider is required to be a current commissioned notary public.

1.1.10Profit and Overhead Costs

1.1.10.1All 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.

1.1.10.2All profit, including any management fees for all ROWAPS services are included in the proposed fee schedule for Project Management Services.

1.1.10.3No profit, management fee or service fee by the Provider is allowed on any pass through costs

1.1.11Communication

1.1.11.1Prepare 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.

1.1.11.2Prepare initial property owner contact list for use by ROW-PD in distribution of Provider introduction letters or as determined necessary by the ROW-PD.

1.1.11.3Providers Project Manager is to serve as DBE Liaison to ROW-PD.

1.1.11.4Attend weekly status meetings with ROW-PD. Date, required attendees, time and location are determined by ROW-PD.

1.1.11.5At 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.

1.1.12File Management

1.1.12.1All 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 Providers 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.

1.1.12.2Maintain records of all payments including, but not limited to, warrant number, amount, date paid, etc.

1.1.12.3Maintain copies of all correspondence and contacts with property owners.

1.1.13Broker License by a Business Entity

1.1.13.1While 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.

1.2 Real Estate Appraisal Service

1.2.1Provider 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

1.2.2Appraisers must provide advance notice of the date and time of their appraisal inspections of the subject property to the Providers Project Manager in order to coordinate the Appraisers inspection with (if applicable and practical) the initial interview with the displacee by the Relocation Assistance Agent.

1.2.2.1Provider 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.

1.2.2.2With 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.

1.2.3The 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.

1.2.4For 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.

1.2.5For 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.

1.2.6As 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.

1.2.7.1NOTE: 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.

1.2.9Beyond 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 Appraisers evaluation and could result in reducing the number of future appraisal assignments until the Appraisers performance improves.

1.3Real 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 preparation time and testimony are separate from the initial and update appraisal review assignment.

1.3.6 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 Appraisers evaluation and could result in reducing the number of future appraisal assignments until the Appraisers performance improves.

1.4Negotiation Services

1.4.1Provider 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.

1.4.2Secure 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 Abstractors Fees) these costs will be reimbursed to the Provider as a pass through against the authorized amount of the Work Authorization.

1.4.3Provider shall analyze appraisal and appraisal review reports and confirm the Departments approved value prior to making offer for each parcel.

1.4.4Provider 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 Owners Survey to the property owner.

1.4.6Securing 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.

1.4.7Provider 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)

1.4.8Provider must send the written offer, appraisal report and required brochures to each property owner or the property owners 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.

1.4.9Provider shall respond to property owner inquiries verbally and in writing within two (2) business days.

1.4.10Provider shall prepare a separate negotiator contact report for each parcel, per contact, on applicable Department forms.

1.4.11The curative services necessary to provide a clear title to the State are the responsibility of the Provider and thus are part of the Providers fee for Negotiation Services and Condemnation Support Services.

1.4.11.1Curative services do not include costs/expenses that qualify as payment of incidental expenses to transfer real property to the State. 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.

1.4.12Provider 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.

1.4.13All 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

1.4.14Provider 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.

1.4.15Provider shall cause the recordation of all original instruments immediately after closing at the respective County Clerks 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.

1.4.16Provider 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.

1.4.17The 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 Abstractors Fees) these costs will be reimbursed as a pass through against the Contract and the Work Authorization.

1.4.18Provider shall prepare the final offer letter, and mail the documents of conveyance by CMRRR.

1.4.19Provider shall appear and provide Expert Witness testimony as required.

1.5Relocation 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.

1.5.1When, 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.

1.5.1.1When 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.

1.5.1.2Complete files will include a copy of the letter rescinding benefits and all documentation and contact logs capturing communications with the 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 Appraisers and Relocation Agents inspection of the subject property.

1.5.3Provider 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:

1.5.3.1Page one of the ROW-R-96

1.5.3.2ROW-R-MP

1.5.3.3ROW-R-CE

1.5.3.4Relocation Assistance Brochure (supplied by the Department)

1.5.3.5Copy 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 pre-completed 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

1.5.4Provider 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.

1.5.5Provider 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.

1.5.6Provider 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.

1.5.7Provider shall provide 90-day notice:

1.5.7.1Deliver the 90-day notice and benefits package at the same time as the written offer to purchase is delivered.

1.5.7.2The 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.

1.5.8Provider 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.

1.5.9Provider shall immediately notify ROW-PD if the displacee does not vacate the premises after 30-day notice expires.

1.5.10Provider 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.

1.5.11Negotiated Self-Moves (for non-residential moves)

1.5.11.1Request 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.

1.5.11.2Depending on the complexity of the move additional supporting documentation may be necessary.

1.5.12For 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.

1.5.13Provider must coordinate and monitor moves with displaced homeowners, business owners, tenants, and with moving companies in accordance with Department procedures.

1.5.14Relocation 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 Providers relocation contact logs.

1.5.15Relocation Agent must attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed.

1.5.16Relocation Agent shall process and compute increased interest payments as required.

1.5.17Relocation Agent will be available for any appeals and hearings.

1.5.18Relocation Agent shall prepare all relocation payment claim submissions for all displacees in accordance with Department guidelines.

1.5.19Relocation Agent shall deliver warrants in accordance with Department guidelines.

1.5.20Relocation 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.

1.5.22ROW-PD must approve the timing and content of any notice to a displacee relating to the proceedings prior to the Provider sending the notice.

1.6Condemnation Support Services (Pre-Hearing Support)

1.6.1The Provider shall, upon receipt of a copy of the final offer, request an updated Title commitment for Eminent Domain from the Title Company.

1.6.2Provider 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.

1.6.3Provider 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.

1.6.4Upon 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.

1.6.5If e-filing is not required, the Provider shall, upon receipt of the packet prepared by the Attorney Generals 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 Generals Office will consist of Petition for Condemnation, Lis Pendens, Order Appointing Commissioners, Order Setting Hearing, Oath of Special Commissioner, and Notice of Hearings.

1.6.5.1If e-filing is required, the Attorney Generals Office will file petition and related documents. The Provider will coordinate with the Attorney Generals 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.

1.6.6Provider will record the Lis Pendens upon receipt of the cause number with the County Clerks Office.

1.6.7Provider 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.

1.6.8Provider 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.

1.6.9Following 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:

1.6.9.1Oath of Commissioners signed by the Commissioners;

1.6.9.2Order Setting the Hearing; and

1.6.9.3Two copies of the Notice of Hearing signed by the Commissioners.

1.6.10If 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.

1.6.11If 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.

1.6.12Provider 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.

1.6.13Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, 3 Commissioners, and a court reporter.

1.6.14Provider 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.

1.6.15After 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.

1.6.16Once 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 ROW-PD 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.

1.6.17Provider 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.

1.7Condemnation Support Services (Post Hearing Support)

1.7.1Provider shall prepare Form ROW-E-73 and commissioners time sheets and submit to the ROW-PD within 2 business days following the hearing.

1.7.2If 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 judges signature within 48 hours of the Hearing. The Provider shall have court clerk file-mark the 4 duplicate originals and retain 3.

1.7.3If 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.

1.7.4Provider 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 commissioners fee.

1.7.5Provider shall send the Commitment and the file-marked Award to ROW-PD which will then prepare the payment submission for each commissioners fee.

1.7.6Provider 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.

1.7.7Provider 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.

1.7.8Provider shall send written notices of the date of deposit to ROW-PD and all interested parties.

1.7.9Provider and any sub-providers must appear as Expert Witness when requested.

1.8Disposal of Property Services

1.8.1Provider 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.

1.8.2Provider 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.

1.8.3When the environmental survey is complete, ROW-PD will send the information about the property to abatement/demolition contractors who have been pre-selected and awarded blanket purchase orders by the Departments General Services Division.

2.0FEE SCHEDULE PAYMENT MILESTONES:

2.1Project Management Fee with Project Field Office when required by ROW-PD.

2.1.1Payment 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.

2.1.2One monthly billing for Project Management Services may be included (if applicable) on each monthly invoice for each active Work Authorization.

2.1.3All 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.

2.1.4The 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.

2.1.5If 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:

2.1.5.1Utility expenses for water, sewer, natural gas and electricity.

2.1.5.2Janitorial services, property taxes, insurance, property management fees to the lessor, and trash collection.

2.1.5.3Pass 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.

2.1.5.4No profit, management fee or service fee by the Provider is allowed on pass through costs.

2.1.5.5Project 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.

2.2 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.

2.2.4The 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.

2.3Fee for Initial and/or Update Appraisal Services

2.3.1Payment made on per parcel basis.

2.3.2100% 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 Departments Administrative Review.

2.4Fee for Review of Initial and/or Update Appraisal


2.4.2100% payment milestone paid upon submission of Department Form ROW-A-10.

2.5Fee for Negotiation Service


2.5.225% 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

2.5.3.110% payment milestone paid upon presentation of final offer, and.

2.5.3.235% payment milestone paid upon executed Possession and Use Agreement (PUA) document with ROW-PD concurrence.

2.5.430% 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 ROW-PD. 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.

2.6Fee for Residential Relocation Assistance Service

2.6.1Payment made on per displacee basis.

2.6.240% payment milestone paid upon;

2.6.2.1Submitting completed forms ROW-R-MP, ROW-R-96 and ROW-R-CE signed by displacee to ROW-PD;

2.6.2.2Delivery of computation, submittal and approval of replacement housing supplement to ROW-PD; and,

2.6.2.3Submitting 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;

2.6.3.1Submitting 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.


2.6.4.1 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 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.

2.7Fee for Business Relocation Assistance Service

2.7.1Payment made on per Displacee basis.


2.7.2.1Submitting 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 90-day notice prior to an initial interview. If displacee is not entitled to relocation benefits by virtue of not being legally present in the United States, this milestone would be reduced to a single milestone of 10%.


2.7.3.1 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.


2.7.4.1 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.

2.8Fee for Personal Property and Storage Unit Relocation Assistance Service



2.8.2.1Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed by Displacee to ROW-PD; and

2.8.2.2Providing 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%.


2.8.3.1Transmittal of memorandum to ROW-PD stating that all relocation assistance has been completed; and

2.8.3.2Submittal 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.

2.9Fee for Outdoor Advertising Sign Relocation Assistance Service (if approved)



2.9.2.1Submitting completed ROW-R-MP, ROW-R-96 and ROW-R-CE signed by displacee to ROW-PD; and,

2.9.2.2Providing 90-day notice to displace. 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%. 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.


2.9.3.1Transmittal of memorandum to ROW-PD stating that all relocation assistance has been completed; and,

2.9.3.2Submittal 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.

2.10Fee for Condemnation Support Services



2.10.2.1Receipt 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.


2.10.3.1Setting 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,

2.10.3.2In 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.

2.10.410% payment milestone paid upon service of the Notice of Hearing.

2.10.510% payment milestone paid upon Notice of Deposit.

2.10.630% payment milestone paid upon delivery of completed parcel file including Judgment and Title Policy.

2.11Fee for Disposal of Property Services

2.11.1Payment made on per Parcel basis.

2.11.2100% 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 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.

4.0SUBPROVIDERS: 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:

4.1Respondents planning to subcontract all or a portion of the work shall identify the proposed Sub-Providers.

4.2Sub-contracting shall be at the respondents expense.

4.3The Department retains the right to check Sub-Providers background and make a determination to approve or reject the use of submitted Sub-Providers.

4.4The 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.

4.5Disadvantaged Business Enterprise for Federal-Aid Professional Services Contracts.

4.5.1It 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 Departments 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 Departments Disadvantaged Business Enterprise Program, apply to a contract resulting from this RFP.

4.5.2The 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.

4.5.3A 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.

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55-6RFPP002

5.0PERFORMANCE MEASURES: As a performance based contract, all work performed will be evaluated in relation to the contracted scope of work and the timeliness of the deliverables.

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Page 67 of 69

SECTION 5

General Terms and Conditions

1.0If 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.2.0The general terms and conditions in the contract include, but are not limited to the following:

2.1 Scope of Services and Work Schedule

2.2Method of Payment

2.3Work Authorizations

2.4Progress Reports

2.5Suspension

2.6Additional Work

2.7Changes in Work Due to Errors

2.8Supplemental Agreements/Work Authorizations

2.9Public Information Act / Ownership and Confidentiality

2.10Personnel, Equipment and Material

2.11Audit

2.12Subcontracting

2.13Evaluation of Work

2.14Submission of Reports

2.15Violation of Contract Terms / Breach of Contract

2.16Termination

2.17Compliance with Laws

2.18Indemnification

2.19Providers Responsibility

2.20Non-collusion

2.21Insurance

2.22Gratuities

2.23Disadvantaged Business Enterprise

2.24Retention, Availability of Records, and Audit Requirements

2.25Debarment Certification

2.26Lobbying Certification / Disclosure

2.27Civil Rights Compliance

2.28Intellectual Property Rights

2.29Property Management and Procurement Standards

2.30Computer Graphics Files

2.31Debt to the State

2.32Prompt Pay

2.33Providers List

2.34Child Support Certification

2.35Successors and Assigns

2.36Severability

2.37Prior Contract Superseded

2.38Conflict of Interest

2.39Nepotism Disclosure

2.40Office of Management and Budget Audit Requirements

2.41E-Verify Certification

2.42Restrictions on Employment of Former State Officer or Employee

2.43Non-Discrimination Provisions

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

Project Management Services

Service 2

Appraisal Services

Service 3

Appraisal Review Services

Service 4

Negotiation/Acquisition Services

Service 5

Relocation Assistance Services

Service 6

Condemnation Support Services

Service 7

Disposal of Property Services

1.2 As a performance based professional service, the past performance and capacity of a Provider and their Sub-Providers are to be considered in the scoring of this RFP.

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

130

(times) Scoring weight of this section

40%

(equals) This sections weighted percentage of the total possible points available in the RFP

52

(divided by) Total possible points available in this section

5

(equals) Weighted point value for each possible point scored in this section

10.4

3.0SCORING MATRIX FOR RESPONDENTS PROFESSIONAL QUALIFICATIONS & EXPERIENCE AT THE COMPANY LEVEL:

Table 6.3

ROWAPS Style Services Provided

Note No.

Possible Points to be Scored

1

2

3

4

5

Total number of parcels for which services were provided

1, 2 and 3

More than 25 but less than 50 parcels

50 to 74 parcels

75 to 99 parcels

100 to 125 parcels

More than 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

More than 5 of the 7 services

Performance Verification

5 and 6

50% 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 Providers 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.

Table 6.4 EXPERIENCE VERIFICATION LOG FOR THE ROWAPS COMPANY

Date of ROWAPS Style Services (note 1)

Condemning Authority (CA) Information

Year

Month

No. of Parcels (note 2)

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.

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.

SECTION 7

Meeting Scheduling Demands

1.0 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.

2.0 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.

2.1.8 Example of the weekly production and parcel status reports you will use.

2.1.9 Example of the Respondents 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.

3.0 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.

4.0 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


130


20%


26

(divided by) Total possible points available in this section

5


5.2

Table 7.2

Criteria

Possible Points to be Scored

1

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.

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.

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.

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.

5.0 INSERT HERE: You must insert your Project Management Plan behind Section 7 of the completed RFP.

6.0INSERT HERE: You must insert your Work Breakdown Schedule behind Section 7 of the completed RFP.

SECTION 8

Professional Qualifications and Experience for the Individual Service Disciplines

1.0 PERSONNEL CRITERIA: The Providers minimum staffing is 12 individuals all of which must be different persons. The team members may be either employees or Sub-Providers.

1.1 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.

2.0 COMPLETING THE PERSONNEL ROSTER: To support a basic capacity, the Providers Personnel Team must carry a minimum of 12 different individuals. The 12 individuals shown on the Providers 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. Steinbecks 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 Providers Personnel Roster for Minimum Staffing Requirements

Service Category

Individual Team Member

Name

Employee or

Sub-Provider

Project Management Services

1.

2.

Negotiation Agent Services

1.

2.

3.

Relocation Agent Services

1.

2.

3.

Condemnation Support Services

1.

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 Providers 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 Providers Personnel Roster in Table 8.1. A copy of the DBE Certification Form is found as an exhibit in Section 17 of this RFP.

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.

6.0INSERT 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.

SECTION 9

Qualifications and Experience for Project Managers

1.0PROJECT MANAGERS - QUALIFICATIONS AND EXPERIENCE

Table 9.1

Subject Expertise

Possible Points to be Scored for Each Individual

1

2

3

4

5

Project Management

More than 25 but less than 50 parcels

50 to 74 parcels

75 to 99 parcels

100 to 125 parcels

More than 125 parcels

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.

2.2Total number of parcels (in aggregate) for which Project Management Services were provided for a condemning authority, without distinction as to being a Providers employee or Sub-Provider.

2.3Project Management Services must include similar responsibilities for transportation projects in which the ROW parcels were subject to eminent domain and the Uniform Act.

2.4All 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

3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individuals 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 individuals 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 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


130


20%


26

(divided by) Total possible points available in Sections 9 through 15

60


.0.4333

5.0PROJECT MANAGER #1 - SELF CERTIFICATION

5.1Project Manager Name: (first)(last)

5.2Primary Residence: (city)(state)

5.3Employment (employee of Prime Provider or Subcontractor):

5.4Professional designation

5.4.1Name of Sponsoring Entity: 5.4.2Name of Credential:

5.4.3Your Credential Number:

5.4.4Expiration Date of Credential:

6.0PROJECT MANGER #1 - EXPERIENCE LOG

6.1Add rows to the log as needed.

6.2Enter the year and month in which you, as a Project Man

rfp: 55-6rfpp002 - welcome to the texas department of...

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