REQUEST FOR PROPOSAL #55-6RFPP002

ROW Division118 East Riverside Drive

Austin, Texas 78704

For: Statewide Right of Way Acquisition Professional Services

Proposal Due Date: May 31, 2016 at 12:00 Noon (CST)

ROWAPS 55-6RFPP002

SECTION 1Table 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

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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

1.2 Real Estate Appraisal Services

1.3 Real Estate Appraisal Review Services

1.4 Negotiation Services

1.5 Relocation Assistance Services

1.6 Condemnation Support Services

1.7 Disposal of Property Services

2.0 CONTRACT AMOUNT AND TERM: Depending upon the results of the evaluations the Department will award contracts;

2.1 To each responding company with a minimum threshold of 91 points scored in the evaluation of the completed RFP. This is equal to 70% of the possible 130 points that can be scored (130 x 70% = 91 points).

2.2 Each in the amount of four million dollars ($4,000,000.00) for a 2-year period beginning with the date the contract is executed by the Department.

3.0 WORK ASSIGNMENT: Work Assignments shall be authorized by individual Work Authorizations dependent upon the business needs of the Department for each identified Right of Way (ROW) Project and its Right of Way Control/Section/Job Number (RCSJ). There is no guarantee of minimum work by the Department.

3.1 On an as-needed basis, the contract may be extended for an additional one (1) year period provided both parties agree in writing to do so prior to the expiration date. Any extensions shall be at the same terms and conditions, plus any approved changes.

3.2 All work authorizations under the Contract shall be issued within two (2) years of the effective date of the contract

4.0 ACRONYMS:

4.1 AAG – Assistant Attorney General

4.2 CMRRR - Certified Mail-Return Receipt Requested

4.3 DBE – Disadvantaged Business Enterprise

4.4 OAG – Office of the Attorney General

4.5 PUA - Possession and Use Agreement

4.6 RFP – Request for Proposal

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4.7 ROW – Right of Way

4.8 ROW-PD – Right of Way Project Delivery Staff

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

4.10 SME – Subject Matter Expert

4.11 TxDOT – Texas Department of Transportation (also see Department)

4.12 WBS – Work Breakdown Schedule

5.0 DEFINITIONS: The following terms and phrases shall have the meanings assigned unless the contract indicates a contrary meaning. In such cases, the contract definitions will take precedence.

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

5.2 Fee Schedule – The attachment to the contract that sets forth the performing entity’s fees for each service in the contract document’s scope of work.

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

5.4 Milestone – Pre-determined, identifiable, and document supported specific point in a professional service task that represents a reporting requirement or completion of a set of activities upon which a payment of services can be invoiced.

5.5 Pass Through Cost – Costs approved by the Department that are necessary to complete the authorized deliverable, but are unknown or incidental at date of the execution of the contract. These costs are expensed against the authorized amount of the Contract and Work Authorization. No profit, management fee or service fee by the Provider is allowed on pass through costs. Example: The recording cost of real property deeds at a county court house are $250. In order to complete the deliverable, the Provider pays the recording fees and submits the receipt for reimbursement to the Department for the exact amount of $250.

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

5.7 Provider - A contractor, operating with a written and executed agreement to provide goods or services in accordance with the established price, terms and conditions. For the purposes of this RFP, the term “Provider” and “Contractor” can be used interchangeably.

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

5.9 Real Estate Appraiser (department certified) - An individual licensed to provide real estate appraisal services in the State of Texas and has been certified by the Department. For the purposes of this RFP, the term “Appraiser”, “Real Estate Appraiser” and “Department Certified Real Estate Appraiser” are used interchangeably

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5.10 Reasonable Cost – A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

5.11 Respondent – A ROWAPS entity responding to this RFP.

5.12 Request for Proposal (RFP) - A request for submittal of a proposal that demonstrates competence and qualifications of the Provider to perform the requested services and shows an understanding of the specific project

5.13 Sub-Provider – A subcontractor proposing to perform work through a contractual agreement with the Provider. For the purposes of this RFP, the term “Sub-provider” and “Subcontractor” can be used interchangeably.

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

5.15 Work Authorization – A written and executed authorization to begin work issued according to the entity and prime contract in place with the department. The work authorization includes a detailed scope of work as well as a contract period and maximum amount payable that does not exceed the time or money restrictions specified in the prime contract.

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SECTION 3Proposal Information

1.0 SCHEDULE OF EVENTS: The Department reserves the right to change the dates shown below

upon written notification.

EVENT DATE TIME

Electronic Publication of RFP May 4, 2016 12:00 Noon (CST)

Public Pre-Proposal Conference (not mandatory) May 10, 2016 9:30 AM (CST)

Deadline for Submission of Written Questions May 16, 2016 4: 00PM (CST)

Publish Questions and Answers May 18, 2016 4:00 PM (CST)

Last day to submit RFP May 31, 2016 12:00 Noon (CST)

Opening of Proposals (no public opening) May 31, 2016 12:30 PM (CST)

Evaluation of Proposals Begins June 1, 2016 See general note below

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

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

Expected Contract Start Date July 8, 2016 See general note below

General Note: Exact date and time for these processes may change depending upon the number of proposals received, time required for verification of information and complexity of valuations.

2.0 PRE-PROPOSAL CONFERENCE (not mandatory): A pre-proposal conference is scheduled for May 10, 2016 (9:30 AM to 12:00 Noon (CST). Attendance at the pre-proposal conference is not mandatory for responding to the RFP or an award of a contract. The location of the pre-proposal conference is the West Pickle Research Auditorium (WPR) located at 3925 W. Braker Lane, the southwest corner of MoPac (Loop1) and Braker Lane, Austin TX 78759. Visitor parking is located on the south side of the building in lots D, E, F, and G. There will be a charge for parking that is the responsibility of those in attendance. The Department will not pay parking charges for attendees.

2.1 Persons with special needs or disabilities who plan to attend this meeting and require auxiliary aids or services are requested to contact either of the following two contract specialists at least 5 working days prior to the meeting so that appropriate arrangements can be made.

2.1.1 Leila Valenzuela at leila.valenzuela@txdot.gov or (512) 416-2821 or2.1.2 Tara O’Neal at tara.oneal@txdot.gov (512) 832-7373

2.2 Persons attending the pre-proposal conference should print a copy of this RFP for their use. Copies will not be provided at the pre-proposal meeting.

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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 ahttp://www.txdot.gov/inside-txdot/division/right-of-way/contracts.html

The Electronic State Business Daily at the State Comptrollers website athttp://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 leila.valenzuela@txdot.gov or (512) 416-2821 or4.2 Tara O’Neal at tara.oneal@txdot.gov (512) 832-7373

5.0 PROPOSAL REQUIREMENTS:

5.1 All proposals shall be received, dated and time stamped at the ROW Division Office located at 118 East Riverside Drive, Austin, TX 78704 no later than 12:00 Noon Central Standard Time on May 31, 2016 . Late proposals will not be considered under any circumstance.

5.1.1 Respondents shall submit one (1) original and two (2) copies of the complete RFP, and(1) Compact Disc (CD) containing a duplicate in PDF format of the complete RFP. Only the original proposal requires original signatures.

5.1.1.1 Section 15 of the RFP requires the respondent to include a Compact Disc (CD) containing a duplicate of the completed “Original Proposed Fee Schedule” that is also to be printed in hard copy and placed behind Section 15. The proposed fee schedule duplicated on the CD must be in an unlocked Microsoft Excel © Format.

5.1.1.2 The CD must be labeled to show the name of your company, the RFP number 55-6RFPP002, and the title, “Original Proposed Fee Schedule”. The CD must be affixed to the last and separate page behind Section 15 and will be attached in a plastic or paper sheet designed for CD storage. Only one CD is required and must be attached to the original RFP. Do not submit duplicate copies of the CD with the additional copies of the RFP.

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

5.1.2.1 The sample ”Project Management Schedule” required in Section 7 of the RFP which may be produced on white paper with an extended width of 14” or 17” and folded to fit in the completed RFP. If necessary, the Project Schedule can be multiple pages.

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

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

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5.1.2.4 Each of the Sections should contain all of the pages of the template for this RFP plus any additional sheets specified in the directions for each of the individual Sections.

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

5.1.3 Proposals shall be limited to the contents specified in this RFP.

5.1.4 The original and two copies of the completed proposal should be placed in an envelope/box and correctly identified with the responding company’s name and the RFP number 55-6RFPP002. Multiple responses will not be accepted. It is the respondent’s responsibility to appropriately mark and deliver the proposal to Department by the specified date and time.

5.1.5 Receipt of any and all addenda or supplements to this RFP should be acknowledged by returning a signed copy of each addendum or supplement to the response.

5.1.6 Respondents to this RFP are responsible for all costs of proposal preparation.

5.1.7 Proposals shall be submitted to the Department by overnight mail, regular mail or hand delivery to the office located at 118 East Riverside Drive, Austin, Texas 78704. Note: Good business practice suggests that you request a signed receipt of the proposal that will also provide the date, time and place of delivery.

5.1.8 Proposals will be opened at the ROW Division Headquarters Office located at 118 East Riverside Drive, Austin, Texas 78704 on May 31, 2016 at 12:30 PM. Respondents to this RFP are not submitting a bid and there will not be a public opening.

5.1.9 Telephone, e-mail, facsimile and other electronic media are not an acceptable response to this RFP. All submitted proposals become the property of Department after the RFP opening date. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by Department.

5.1.10 The proposal and its format in part or whole, may not be sold for profit or monetary gain. If this proposal is altered in any way, all headers, footers and references to the Department, any other government agency, the ROW Division or the State of Texas must be removed. The Department does not assume any liability when these specifications are used in the procurement process by any other private, quasi-governmental or governmental entity.

5.1.11 A proposal that does not include all the requirements set forth in the RFP will be rejected as non-responsive and will not be considered further.

6.0 INQUIRIES:

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

6.2 After the May 4, 2016 publication of the RFP, besides written inquiries as described above, other employees and representatives of Department will not answer questions or otherwise discuss the contents of the RFP with any potential Provider or their representatives. Failure to observe this restriction may result in disqualification of any

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subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal.

7.0 PROPOSAL EVALUATION AND AWARD:

7.1 An evaluation team comprised of Department staff will be established to evaluate the proposals. The evaluation team will evaluate and score each proposal based on the criteria shown in the scoring matrix shown in this RFP.

7.2 To be eligible for a contract award, a Provider must reach a minimum threshold of 91 points scored in the evaluation of the completed RFP. This is equal to 70% of the possible 130 points that can be scored (130 x 70% = 91 points).

7.3 Tie scores are not applicable to this RFP.

7.4 The scope of work required by the RFP is not negotiable.

7.5 A Best and Final Offer is not applicable to this RFP.

7.6 If a contract is awarded, the contract documents must be signed and returned to Department within 21 days from the date the document was sent by Department email. If the signed contract document is not received with 21 days, the offer will be rescinded.

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Table 3.1 EVALUATION 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 2254Subchapter ASection. 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)(8)

Title 43; Pt.1; Ch.9; Subch. F; §9.85(a)(4)

Title 43; Pt.1; Ch.9; Subch. F; §9.85(a)(3)

Title 43; Pt.1; Ch. 9; Subch. F; §9.85(a)(5)

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 65 Maximum

Possible Points40%

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 75 Maximum

Possible Points20%

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)(1)

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 Points20%

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

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

Chapter 2254Subch. 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 1560 Maximum

Possible Points20%

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

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SECTION 4Statement of Work

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

1.1 Project Management

1.1.1 Negotiation of the Scope of Services for each Work Authorization

1.1.1.1 Provider will visit project site with ROW-PD.

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

1.1.2.1 If a Project Field Office is required by ROW-PD, rent and utilities of such an office is a pass through cost. Profit or management fees by the Provider for base rent and any other lessee responsibilities for expenses associated with the required project field office including but not limited to such expenses shown in the lease document.

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

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

1.1.2.1.3 Project field office expenses for land line telephone service, cell telephone or internet connections are not eligible as pass through expenses. These costs are part of the Providers normal and typical overhead costs that are covered in the Provider’s monthly management fee.

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

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

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

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

1.1.3.1.1 Necessary project related meetings, or scheduled input of database information into Department systems if on-line accessibility is not available to the Provider.

1.1.4. Reasonable access to the proposed transportation project.

1.1.5 Location approved by ROW-PD.

1.1.6 Open during normal state work hours.

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

1.1.8 Permanent project files will be located in the district ROW-PD Office and ultimately at ROW Headquarters in Austin as the Office of Permanent Record.

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The Provider is allowed to keep working file copies in the Provider’s project administrative office, but documents generated or received by the Provider will be forwarded to the ROW-PD Office as they are generated or received by Provider.

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

1.1.10 Profit and Overhead Costs

1.1.10.1 All Administrative costs including salaries, travel, employee benefits, telephone, internet connection, equipment, supplies, postage (including certified mail), will be included in the proposed fee schedule for Project Management Services.

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

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

1.1.11 Communication

1.1.11.1 Prepare and deliver one monthly invoice for each active Work Authorization to ROW-PD. Prepare invoices utilizing Department standard payment submissions forms with supporting documentation. Supporting documentation requirements are determined by ROW-PD with guidance from ROW Headquarters Contract Management.

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

1.1.11.3 Provider’s Project Manager is to serve as DBE Liaison to ROW-PD.

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

1.1.11.5 At a minimum, the Provider will deliver a weekly written report to ROW-PD on the status of service tasks completed and service tasks remaining in order to bring each parcel into possession of the state within the time allotted in the Work Authorization.

1.1.12 File Management

1.1.12.1 All project and parcel documents will be kept in the ROW-PD Office with permanent records transferred to ROW Headquarters in Austin as the Office of Permanent Record. Working files may be kept in the Provider’s project administrative office, but documents generated or received by the Provider will be forwarded to the ROW-PD Office as they are generated or received by Provider. The format for type of file folders, document order and placement are determined by ROW Headquarters.

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

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

1.1.13 Broker License by a Business Entity

1.1.13.1 While not confirmed at the publication, it is a possibility the Texas Real Estate Commission (TREC) rules will require a ROWAPS Provider to have a "Broker License by a Business Entity" (the LICENSE) issued through the TREC.  The designated Broker does not have to be an employee of the ROWAPS entity but there would be caveats related to Errors and Omissions Insurance requirements.  Securing the LICENSE in order to respond to this RFP is not a requirement, but if verified that it is required by the TREC, no Work Authorizations under the Contract will be issued without verification of the LICENSE.

1.2 Real Estate Appraisal Service

1.2.1 Provider must select Appraisers from the list of Department Certified Appraisers.

The list can be accessed at: http://www.txdot.gov/business/opportunities/real-estate-appraisers.html

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

1.2.2.1 Provider shall prepare and conduct personal pre-appraisal contact with interest owners or their designated representative for each parcel and offer opportunity to accompany the Appraiser and Relocation Agent on the inspection of the subject property. The written contact documents must use acceptable Department forms and the records of contact must be part of the parcel file.

1.2.2.2 With the information from the Appraiser, the Provider shall secure written permission from the owner to enter the property from which real estate is to be acquired. If after diligent effort the Provider is unable to secure the necessary letter of permission from the property owner, a written waiver must be obtained from the Department through ROW-PD. The permission letters should be incorporated into the appraisal reports.

1.2.3 The assignment for an initial and update appraisal are two separate and distinct appraisal assignments. The fee for each assignment must be reflective of the complexity of the specific individual assignment.

1.2.4 For an initial appraisal assignment, the Appraiser shall prepare an appraisal report for each parcel to be acquired utilizing applicable Department Forms. These reports shall conform to Department policies and procedures along with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation.

1.2.5 For an updated appraisal, the Appraiser shall prepare an updated appraisal report for each parcel to be acquired utilizing applicable Department Forms. These reports shall conform to Department policies and procedures along with the Uniform Standards of Professional Appraisal Practice.

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1.2.6 As necessary, prepare written notification to the Department of any environmental concerns associated with the right of way to be acquired, which could require environmental re-mediation.

1.2.7 All completed appraisals will be administratively reviewed and recommended for approval by ROW-PD.

1.2.7.1 NOTE: Processing monthly invoices for appraisal services will not be delayed for the purpose of the completion of the administrative review.

1.2.8 ROW-PD coordinates with the Review Appraiser (if applicable) regarding revisions, comments, or additional information that may be required. The Review Appraiser will then coordinate with the Appraiser. To meet performance expectations, the turn-around for this portion of the process will be:

1.2.8.1 Three business days for the Review Appraiser to complete the review and contact the Appraiser for revisions or additional information.

1.2.8.2 Three business days for the Appraiser to complete and deliver the revisions and provide the required additional information.

1.2.8.3 Two business days for ROW-PD to complete the administrative review.

1.2.9 Beyond delivery of the appraisal assignments, the Appraiser can be called to provide preparation and testimony for a Special Commissioners Hearing. For this appraisal assignment, the fee for the preparation time and testimony are separate from the initial and update assignment.

1.2.10 Performance metrics for the on-time delivery of appraisal reports will be kept by the Provider and reported to ROW-PD on a weekly basis in a format supplied by the Department. Late delivery of appraisal reports or unacceptable or untimely responses to requests from Review Appraisers or ROW-PD will negatively affect the rating of an Appraiser’s evaluation and could result in reducing the number of future appraisal assignments until the Appraiser’s performance improves.

1.3 Real Estate Appraisal Review Service

1.3.1 Provider must select Review Appraisers from the list of Department Certified Appraisers.

The list can be accessed at: http://www.txdot.gov/business/opportunities/real-estate-appraisers.html

1.3.2 Review Appraiser shall review all appraisal reports for each parcel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Practice.

1.3.3 Review Appraiser will prepare and submit applicable Department Forms for each appraisal review assignment to ROW-PD.

1.3.4 The assignment for the review of an initial and update appraisal are two separate and distinct appraisal review assignments. The fee for each review assignment must be reflective of the complexity of the specific individual review assignment.

1.3.5 While extremely rare, beyond delivery of the review appraisal assignments, if the Review Appraiser is called to provide preparation or testimony for a Special Commissioners Hearing. For this appraisal assignment, the fee for the

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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 Appraiser’s evaluation and could result in reducing the number of future appraisal assignments until the Appraiser’s performance improves.

1.4 Negotiation Services

1.4.1 Provider shall analyze preliminary Title Commitment report to determine potential title problems, propose and inform ROW-PD Office of methods to cure title deficiencies. This includes analysis of access easements.

1.4.2 Secure Title Commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any changes at this point, but if there are changes (such as Abstractor’s Fees) these costs will be reimbursed to the Provider as a pass through against the authorized amount of the Work Authorization.

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

1.4.4 Provider shall prepare and send the letter transmitting the Landowners’ Bill of Rights by Certified Mail-Return Receipt Requested (CMRRR).

1.4.5 Provider shall issue Property Owner’s Survey to the property owner.

1.4.6 Securing a Right of Entry or Possession and Use Agreement (PUA) is part of general Negotiation Services. Provider shall explain and provide the opportunity for the property owner to agree to a Right of Entry or a PUA in accordance with Department policy and procedures.

1.4.7 Provider shall prepare all documents required or requested by the State on applicable Department forms. (i.e.; the initial offer letter, memorandum of agreement, instruments of conveyance)

1.4.8 Provider must send the written offer, appraisal report and required brochures to each property owner or the property owner’s designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes.

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

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

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

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

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Incidental expenses not paid to the Title Company will be reimbursed as a pass through cost and are counted against the total amount of the Contract and Work Authorization.

1.4.12 Provider has direct contact with the Title Company to obtain an updated Title Commitment along with other forms and certified copies of the instrument of conveyance necessary when requesting the Parcel Payment through ROW-PD.

1.4.13 All original documents generated or received by the Provider must be delivered to ROW-PD. Copies or working file documents may be kept by the Provider. Maintain parcel files of original documentation related to the purchase of the real property or property interests

1.4.14 Provider performs closing services in conjunction with the Title Company and will be required to attend closings. In the event of a closing by mail, title work shall be reviewed prior to the closing by mail and again prior to recording of the instrument.

1.4.15 Provider shall cause the recordation of all original instruments immediately after closing at the respective County Clerk’s Office, except for donations which must be forwarded to the Department for acceptance by the Commission prior to recording. The actual cost of recording fees vary substantially from county to county, these costs will be reimbursed as a pass through against the Contract and the Work Authorization.

1.4.16 Provider shall advise property owner of the Administrative Settlement process, assist them with the preparation of a counter offer package, and shall transmit to ROW-PD any written counter offer from property owners including applicable Department forms, supporting documentation and written comments with regard to Administrative Settlements in accordance with Department policy and procedures.

1.4.17 The Provider shall Secure title insurance for all parcels acquired, insuring acceptable title to the Department. Written approval by the Department is required for any exception. There should not be any charges at this point, but if there are charges (such as Abstractor’s Fees) these costs will be reimbursed as a pass through against the Contract and the Work Authorization.

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

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

1.5 Relocation Assistance Services for Residential, Business, Personal Property, and, Mini Storage Units. Relocation Assistance Services can also be used for Outdoor Advertising Signs (billboards) if approved.

1.5.1 When, through no fault of the Provider, the Department directs the Provider tocease all contract services and terminate the work authorization, Provider shallwork with ROW-PD to determine whether each relocation is to proceed or letters rescinding relocation benefits are to be sent.

1.5.1.1 When benefits are rescinded payment for the milestone currently being worked on will be payable in full upon submittal of the complete file to that point.

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1.5.1.2 Complete files will include a copy of the letter rescinding benefits and all documentation and contact logs capturing communications with the displacee and complete documentation for any claims payable up to the time the displacee is notified of their ineligibility for further relocation assistance.

1.5.2 If applicable and practical, Provider shall provide advance notice of the date and time of the initial meeting with the displacee with the Appraiser’s and Relocation Agent’s inspection of the subject property.

1.5.3 Provider shall notify all Department approved displacees of eligibility for relocation assistance. At the time of initial contact, the Provider shall provide displaces that are approved by the Department, with a Relocation Assistance Packet consisting of the approved Department forms:

1.5.3.1 Page one of the ROW-R-96

1.5.3.2 ROW-R-MP

1.5.3.3 ROW-R-CE

1.5.3.4 Relocation Assistance Brochure (supplied by the Department)

1.5.3.5 Copy of the Relocation Assistance Program Survey along with a stamped return envelope addressed to the address as shown below. All distributed surveys shall have the ROW CSJ and Parcel number pre-completed by the Relocation Agent before delivery to the displacee.

Right of Way DivisionTexas Department of Transportation125 E. 11TH St.Austin, TX 78701-9909

1.5.4 Provider shall provide on-going relocation assistance and advisory services to displacees affected by the acquisition of right of way and shall deliver required Department forms to ROW-PD that are signed by the displacee. On-going advisory services include monitoring the move and any necessary relocation activities taken by the displacee. Frequency and manner for monitoring the move must match the complexity of the relocation, however, the expectation is multiple in-person site visits, which is standard practice, and must be documented in the contact log portion of the required Department forms to be submitted at close out.

1.5.5 Provider shall locate, evaluate, and maintain files on comparable available housing as well as listings for non-residential properties, for the duration of the project. These files are subject to review by ROW-PD as deemed necessary.

1.5.6 Provider shall compute and submit the request for relocation housing/rental supplement to ROW-PD on the appropriate Department form with supporting photos attached for each property.

1.5.7 Provider shall provide 90-day notice:

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

1.5.7.2 The 90-day notice may not be delivered prior to a personal interview with the displacee during which time, the Relocation Agent determines the

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type, needs and eligibilities of the displacee, or before the issuance of the initial offer.

1.5.8 Provider shall provide 30-day notice to vacate once the State has possession of the property. The displacee must be given a total of 90 days’ notice prior to being required to vacate.

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

1.5.10 Provider shall perform a decent, safe, and sanitary inspection of replacement

housing in accordance with Department policy. Provider shall complete the appropriate Department forms and submit to ROW-PD.

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

1.5.11.1 Request for Negotiated Self-Move shall be submitted on appropriate Department forms and must include; (1) a move plan; (2) written inventory signed and dated by the displacee (or their representative) and the Relocation Agent; and (3) bids from commercial movers and supporting vendors.

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

1.5.12 For all Negotiated Self-Moves, Provider is responsible for requesting moving estimates from moving companies. Moving estimates must be obtained by the Provider and not the displacee. Moving estimates must be prepared in writing and in the name of the Department and not the Provider.

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

1.5.14 Relocation Agent shall maintain relocation contact logs on appropriate Department forms journaling all attempted and completed contacts with all parties, including descriptions of the reasons and outcome for each contact. Copies of all displacees’ emails with date and time sent, must be captured in the Provider’s relocation contact logs.

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

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

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

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

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

1.5.20 Relocation Agent shall issue Relocation Surveys to all displacees.

1.5.21 Provider will provide an executed Department form for the Certification of Eligibility with all displacee claims.

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

1.6 Condemnation Support Services (Pre-Hearing Support)

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

1.6.2 Provider shall prepare, if applicable, Bisection, Drainage Easement, Denial of Access, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.

1.6.3 Provider shall use information from the Title Commitment and all other available sources to join all interested parties on the Department Form ROW-E-49. Spouses of owners must be joined.

1.6.4 Upon completion of the Department Form ROW-E-49 by the Provider, the Provider shall prepare packets containing all documents listed in the appropriate Department form. Submit packets to ROW-PD for submission to ROW Headquarters.

1.6.5 If e-filing is not required, the Provider shall, upon receipt of the packet prepared by the Attorney General’s Office, file the original petition with the County Court at Law or other appropriate Court for a cause number to be assigned. The packet prepared by the Attorney General’s Office will consist of Petition for Condemnation, Lis Pendens, Order Appointing Commissioners, Order Setting Hearing, Oath of Special Commissioner, and Notice of Hearings.

1.6.5.1 If e-filing is required, the Attorney General’s Office will file petition and related documents. The Provider will coordinate with the Attorney General’s Office the e-filing of the petition by the Assistant Attorney General who is handling the file to ensure the Lis Pendens is filed promptly thereafter by the Provider.

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

1.6.7 Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named defendants within three days of the filing of the Lis Pendens.

1.6.8 Provider will send a copy of the condemnation petition to the Title Company and request an updated Title Commitment. The Title Company needs to make sure the appropriate parties were named in the petition and that no changes in title have occurred. The actual cost charged by the Title Company for the Title Commitment update will be paid by the Department as a pass through and thus must not be included in the Providers proposed fee schedule.

1.6.9 Following appointment of Commissioners by the judge, Provider shall send via CMRRR the document appointing the commissioners to the named defendants or their attorneys if represented, as well as to the AAG and ROW-PD. Provider shall secure the following documents:

1.6.9.1 Oath of Commissioners signed by the Commissioners;1.6.9.2 Order Setting the Hearing; and

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

1.6.10 If e-filing is not required: Provider shall file all originals with the court and send copies marked “copy” to ROW-PD and the Assistant Attorney General within three days after filing.

1.6.11 If the updated appraisal does not change in value, Provider shall set the date and time for the Special Commissioners Hearing. If there is an increase in value, the Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.

1.6.12 Provider shall coordinate with the appropriate Department and court personnel to reserve a conference room or court room for the hearing. The hearing shall be held in a location that conforms to the requirements of Chapter 21 of the Texas Property Code.

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

1.6.14 Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, ROW-PD, Engineer, and appropriate State witnesses.

1.6.15 After the Hearing is set, the Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code but in no instances no less than 20 days prior to the Special Commissioners Hearing. If it is necessary to join a federal agency, be advised that they have an additional 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for this additional time or any other additional time frame required by law.

1.6.16 Once the notices have been served, if e-filing is not required, the Provider shall file the original notices with the court and send copies stamped “copy” to 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.

1.6.17 Provider shall send a reminder letter CMRRR 2-3 weeks in advance to the Assistant Attorney General, appraiser, 3 commissioners, court reporter, and ROW-PD concerning Hearing dates.

1.7 Condemnation Support Services (Post Hearing Support)

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

1.7.2 If e-filing is not required, the Provide shall obtain the signatures of commissionerson 4 duplicate originals of the Award of Commissioners and file one with the court for the judge’s signature within 48 hours of the Hearing. The Provider shall have court clerk file-mark the 4 duplicate originals and retain 3.

1.7.3 If required, Provider shall file timesheets with the award. The judge determines the amount paid to the Commissioners.

1.7.3.1 Provider will complete all AP-152 Forms for all Commissioners.

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1.7.4 Provider obtains and distributes 3 signed and file-marked copies of the Award as follows:

1.7.4.1 One file-marked copy to the Title Company with a request for a commitment.

1.7.4.2 One file-marked copy to the Assistant Attorney General.

1.7.4.3 One file-marked copy (or certified copy) to the ROW-PD Office with the previously obtained Commitment to request submission for each commissioner’s fee.

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

1.7.6 Provider shall file state warrant in the registry of the court. File a Notice of Deposit with the court and send certified copies to each defendant notifying them of the date of the deposit. Note - The Date of Deposit is the Date of Take.

1.7.7 Provider will take photographs of the interest to be acquired on the day of deposit (or the day of a PUA closing) for relocation verification and date of take appraisal purposes. If a date of take has been selected by the AAG, the Provider shall notify the Appraiser of the date the deposit is going to be made so that the Appraiser may take date of take photographs as well.

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

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

1.8 Disposal of Property Services1.8.1 Provider shall provide a Release of Property to the ROW-PD Office signed by the

former owner stating that all personal property has been removed and any remaining items belong to the state.

1.8.2 Provider shall provide the ROW-PD Office a digital copy of the Forms 1134 and 1135, or equivalent, a copy of the plat and field notes, photographs of the property in a PDF format, a copy of the appraisal, and the Release of Property form when buildings are vacant and ready for disposal. ROW-PD will initiate the environmental surveys as needed.

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

2.0 FEE SCHEDULE – PAYMENT MILESTONES:2.1 Project Management Fee with Project Field Office when required by ROW-PD.

2.1.1 Payment made on a Fee for Service basis per month of operation. In the event of a partial month of operation, a pro-rate payment is eligible.

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

2.1.3 All PROFIT, management fees, salaries, travel, employee benefits, telephone, equipment, supplies, postage, certified mail costs, etc. are to be included in the monthly invoice for Project Management Services.

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2.1.4 The number of months authorized for Project Management Fees will be shown on each Work Authorization document and does not necessarily equate to the total number of months for which the work authorization is authorized. Example; an 18 month work authorization could include any number of months from zero to 18 that are authorized for Project Management Fees.

2.1.5 If a Project Field Office is required by ROW-PD, the base rent and other authorized expenses (see below) will be pass through costs to the Work Authorization. These costs will be paid on a monthly basis along with the monthly ROWAPS services invoice. In addition to base rent, acceptable pass through expenses are:

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

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

2.1.5.3 Pass through costs are necessary to complete the authorized, reviewed and approved deliverable by the Department. These pass through costs are expensed against the total amount of the Contract and Work Authorization.

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

2.1.5.5 Project field office expenses for land line telephone service, cell telephone or internet connections are not eligible as pass through expenses. These costs are part of the Providers normal and typical overhead costs that are covered in the monthly project management fee.

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.

2.2.4 The number of months authorized for Project Management Fees will be shown on each Work Authorization document and does not necessarily equate to the total number of months for which the work authorization is authorized. Example; an 18 month work authorization could include any number of months from zero to 18 that are authorized for Project Administration Fees.

2.3 Fee for Initial and/or Update Appraisal Services2.3.1 Payment made on per parcel basis.

2.3.2 100% payment milestone paid upon delivery of complete appraisal report. Payment of this milestone does not relieve the Appraiser of the responsibility to provide timely corrections to items identified in the Department’s Administrative Review.

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2.4 Fee for Review of Initial and/or Update Appraisal2.4.1 Payment made on per parcel basis.

2.4.2 100% payment milestone paid upon submission of Department Form ROW-A-10.

2.5 Fee for Negotiation Service2.5.1 Payment made on per parcel basis.

2.5.2 25% payment milestone paid upon presentation of initial offer.

2.5.3. 45% payment milestone paid upon presentation of acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant, OR2.5.3.1 10% payment milestone paid upon presentation of final offer, and.

2.5.3.2 35% payment milestone paid upon executed Possession and Use Agreement (PUA) document with ROW-PD concurrence.

2.5.4 30% payment milestone paid upon attending closing by deed and the delivery of the completed parcel file with signed recorded deed and the Title Policy to 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.

2.6 Fee for Residential Relocation Assistance Service2.6.1 Payment made on per displacee basis.

2.6.2 40% payment milestone paid upon;

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

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

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

2.6.3 30% payment milestone paid upon; 2.6.3.1 Submitting memorandum to ROW-PD reporting the actual date the

displacee vacated parcel and includes detailed documentation (as directed by ROW-PD) of the move. This presumes the replacement housing has been acquired and the move was monitored by the Provider.

2.6.4 30% payment milestone paid upon;

2.6.4.1 Transmittal of memorandum to ROW-PD stating that all relocation assistance has been completed.

2.6.4.2 Submittal of completed file to ROW-PD with documents filed by date of activity. Completed file documents must contain; all contacts with the displacee, completed claim forms, copies of all payment submissions for relocation assistance, and signed form (in a checklist format, as directed

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and approved by ROW-PD) by displacee verifying move is completed and all benefits have been explained to them.

2.7 Fee for Business Relocation Assistance Service2.7.1 Payment made on per Displacee basis.

2.7.2 25% payment milestone paid upon;

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

2.7.2.2 Providing 90-day notice to displacee. Displacee may not receive a 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 35% payment milestone paid upon;

2.7.3.1 Submitting memorandum to ROW-PD reporting the actual date the displacee vacated parcel and includes detailed documentation of the move as directed by ROW-PD. The move must have been monitored.

2.7.4 40% payment milestone paid upon;

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

2.7.4.2 Submittal of completed file to ROW-PD with documents filed by date of activity. Completed file documents must contain all contacts with the displacee, completed claim forms and copies of all payment submissions for relocation assistance, and signed form (in checklist format, as directed and approved by ROW-PD) by the displacee verifying the move is completed and all benefits have been explained to them.

2.8 Fee for Personal Property and Storage Unit Relocation Assistance Service2.8.1 Payment made on per Displacee basis.

2.8.2 45% payment milestone paid upon;

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

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

2.8.3 55% payment milestone paid upon;

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

2.8.3.2 Submittal of completed file to ROW-PD with documents filed by date of activity. Completed file documents must contain; all contacts with the displacee, completed claim forms and copies of all payment submissions for relocation assistance, and signed form (in checklist format, as directed and approved by the ROW-PD) by the displacee verifying the move is completed and all benefits have been explained to them.

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2.9.1 Payment made on per Displacee basis.

2.9.2 45% payment milestone paid upon;

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

2.9.2.2 Providing 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 55% payment milestone paid upon;

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

2.9.3.2 Submittal of completed file to ROW-PD with documents filed by date of activity. Completed file documents must contain; all contacts with the displacee, completed claim forms and copies of all payment submissions for relocation assistance, and signed form (in checklist format, as directed and approved by ROW-PD) by the displacee verifying move is completed and all benefits have been explained to them.

2.10 Fee for Condemnation Support Services2.10.1 Payment made on per parcel basis.

2.10.2 20% payment milestone paid upon;

2.10.2.1 Receipt of the submission of a ROW-E-49 with supporting documentation, aka E-49 package, acceptable to ROW-PD.

NOTE: With written approval by ROW-PD, the Provider may be instructed to begin the administrative preparation of the ROW-E-49 package after the initial offer letter is presented to the property owner. In all cases, to receive payment for this milestone, the Provider must complete and submit a form ROW-E-49 acceptable to ROW-PD.

2.10.3 30% payment milestone paid upon;

2.10.3.1 Setting the date for the Special Commissioners Hearing and providing ROW-PD with a copy of the completed order setting the Hearing signed by all Special Commissioners; and,

2.10.3.2 In some cases, all of the requirements to complete the 30% milestone may have been completed and the Special Commissioners Hearing is cancelled due to no fault of the Provider. In such cases, if Department requires the Provider to obtain a new order setting hearing and to serve all parties again, the 2nd milestone of 30% is eligible for a second payment.

2.10.4 10% payment milestone paid upon service of the Notice of Hearing.

2.10.5 10% payment milestone paid upon Notice of Deposit.

2.10.6 30% payment milestone paid upon delivery of completed parcel file including Judgment and Title Policy.

2.11 Fee for Disposal of Property Services

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2.11.1 Payment made on per Parcel basis.

2.11.2 100% Payment milestone paid upon acceptance of the Department Forms 1134 and 1135, or equivalent, a copy of the plat and field notes, photographs of the property in a PDF format, a copy of the appraisal, and the Release of Property form when buildings are vacant and ready for disposal. ROW-PD will have initiated the environmental surveys as needed.

3.0 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.

4.0 SUBPROVIDERS: Sub-Providers providing service under the work authorization shall meet the same requirements and level of experience as required of the respondent. No sub-provider under the work authorization shall relieve the primary respondent of responsibility for the service. If the respondent uses a sub-provider for any or all of the work required, the following conditions shall apply under the listed circumstances:

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

4.2 Sub-contracting shall be at the respondent’s expense.

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

4.4 The respondent shall be the only contact for the Department and Sub-Providers and shall list a designated point of contact for all Department and Sub-Provider inquiries.

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

4.5.1 It is the policy of the United States Department of Transportation and the Texas Department of Transportation (henceforth the “Department”) that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26, Subpart A and the Department’s Disadvantaged Business Enterprise Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, and the Department’s Disadvantaged Business Enterprise Program, apply to a contract resulting from this RFP.

4.5.2 The goal for Disadvantaged Business Enterprise (DBE) participation in the work to be performed under a contract resulting from this RFP is 3% of the assigned and performed work.

4.5.3 A copy of the DBE Certification will be supplied to ROW Division Headquarters in Austin for each company (including the respondent and each sub-provider) claiming DBE status.

5.0 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.

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SECTION 5General Terms and Conditions

1.0 If the Provider is successful in scoring the minimum threshold points for this RFP and a contract is executed for ROWAPS services, standard general contract terms and conditions will be used. Contract terms and conditions are not negotiable.

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

2.1 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 Errors2.8 Supplemental Agreements/Work Authorizations2.9 Public Information Act / Ownership and Confidentiality2.10 Personnel, Equipment and Material2.11 Audit2.12 Subcontracting2.13 Evaluation of Work2.14 Submission of Reports2.15 Violation of Contract Terms / Breach of Contract2.16 Termination2.17 Compliance with Laws2.18 Indemnification2.19 Provider’s Responsibility2.20 Non-collusion2.21 Insurance2.22 Gratuities2.23 Disadvantaged Business Enterprise 2.24 Retention, Availability of Records, and Audit Requirements2.25 Debarment Certification2.26 Lobbying Certification / Disclosure2.27 Civil Rights Compliance2.28 Intellectual Property Rights2.29 Property Management and Procurement Standards2.30 Computer Graphics Files2.31 Debt to the State2.32 Prompt Pay2.33 Provider’s List2.34 Child Support Certification2.35 Successors and Assigns2.36 Severability2.37 Prior Contract Superseded2.38 Conflict of Interest2.39 Nepotism Disclosure2.40 Office of Management and Budget Audit Requirements2.41 E-Verify Certification2.42 Restrictions on Employment of Former State Officer or Employee2.43 Non-Discrimination Provisions

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SECTION 6Qualifications, 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 ServicesService 2 Appraisal ServicesService 3 Appraisal Review ServicesService 4 Negotiation/Acquisition ServicesService 5 Relocation Assistance ServicesService 6 Condemnation Support ServicesService 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 section’s 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

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3.0 SCORING MATRIX FOR RESPONDENT’S PROFESSIONAL QUALIFICATIONS & EXPERIENCE AT THE COMPANY LEVEL:

Table 6.3

ROWAPS Style Services Provided

Note No.

Possible Points to be Scored1 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

50% of projects in Table 6.4

75% of projects in Table 6.4

100% of projects in Table 6.4

100% of projects in Table 6.4

Note 1: All parcels must have been subject to Eminent Domain.

Note 2: The total number of parcels (in aggregate) for which services were provided to a condemning authority, without distinction as to the Provider’s staff being an employee or a Sub-Provider.

Note 3: All parcels must have been in progress but not necessarily completed during the 5-year period from April 2011 through April 2016.

Note 4: Refer to Table 6.1 in this Section.

Note 5: Copies of written verification in either letter format or performance evaluation format that indicates the services were performed in an acceptable manner. The Letters and Performance Evaluations should be signed by an authorized representative of the condemning authority specifying that the services were acceptable. The exact words “services were acceptable” do not have to appear in the letter, but the Department Evaluation Team must be able to come to that conclusion by reading the document.

Note 6: Copies of verification letters and performance evaluations must be shown in the Experience Verification Log shown as Table 6.4 on the next page.

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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.

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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.

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SECTION 7Meeting 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.

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

2.1.9 Example of the Respondent’s coordination with utility accommodation, coordination and verification staff or contractors. Use assumption that utilities will need to be relocated for telephone, electrical, water, sewer and natural gas.

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

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in this section 5(equals) Weighted point value for each possible point scored in this section 5.2

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Table 7.2

Criteria Possible Points to be Scored1 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.

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

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

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SECTION 8Professional Qualifications and Experience for the Individual Service Disciplines

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

1.1 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 Provider’s Personnel Team must carry a minimum of 12 different individuals. The 12 individuals shown on the Provider’s Minimum Staffing Requirements cannot be employees of another company that is responding to this RFP. Individuals working as subcontractors in their area of subject matter expertise are not restricted from being listed on other Providers RFP responses.

Example 1: R.J. Steinbeck owns and operates a small ROWAPS company, but his company is not responding to this RFP. Mr. Steinbeck is listed on your Personnel Roster as an individual that will be working for the Provider as a subcontractor Relocation Agent. As an individual, Mr. Steinbeck may be listed on other Providers Personnel Rosters in addition to your RFP.

Example 2: If Mr. Steinbeck’s company responds to the RFP, neither his company nor he may be listed as a subcontractor for another Provider for the purposes of this RFP.

Table 8.1 Provider’s Personnel Roster for Minimum Staffing Requirements

Service CategoryIndividual Team Member

NameEmployee orSub-Provider

Project Management Services1.2.

Negotiation Agent Services1.

2.3.

Relocation Agent Services1.2.3.

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 Provider’s Personnel Roster in Table 8.1 above shown on the following Table will be evaluated as individuals in Sections 9 through 13.

4.0 INSERT HERE : Behind Section 8 of the completed RFP, include copies of the “DBE Certification Form” for each company (including the Respondent and each Sub-Provider) that is listed in the Provider’s Personnel Roster in Table 8.1. A copy of the “DBE Certification Form” is found as an exhibit in Section 17 of this RFP.

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5.0 INSERT HERE : Behind Section 8 of the completed RFP, insert copies of the “Lobbying Certification Disclosure Form” for every Sub-Provider listed in the Personnel Roster in Section 8, Table 8.1. A copy of the “Lobbying Certification Form” is found as an exhibit in Section 17 of this RFP.

6.0 INSERT HERE: Behind Section 8 of the completed RFP, insert executed copies of a contract or written intention to work for every Sub-Provider listed in the Personnel Roster in Section 8, Table 8.1.

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SECTION 9Qualifications and Experience for Project Managers

1.0 PROJECT MANAGERS - QUALIFICATIONS AND EXPERIENCE

Table 9.1

Subject Expertise Possible Points to be Scored for Each Individual1 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.

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

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

2.4 All parcels must have been in progress but not necessarily completed during the 5-year period of April 2011 through April 2016.

2.5 For the purposes of this RFP, a professional credential in Project Management is considered to be an active credential by a national or international organization which requires training, experience, capstone exam, and continuing educational units in the field of Project Management. The professional credential must be active at the date of the response to the RFP and must remain active through the end of the contract period. Examples of professional credentialing for a Project Manager are;

2.5.1 Project Management Professional (PMP) from the Project Management Institute, or

2.5.2 Senior Right of Way Agent (SR/WA) from the International Right of Way Association, or

2.5.3 Professional Engineer License

3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of professional experience is self-certified by the individual and for the purposes of responding to this RFP, further support documentation is not required beyond the completion of the individual’s Experience Log. The Department retains the right during the evaluation and if working under a contract, to request additional support documentation from the Provider or any of the individual

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team members regarding their qualification, experience or performance. Experience must be between the periods of April 2011 through April 2016.

4.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9 through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333 points. The final score for this section will be rounded to the nearest whole number.

Table 9.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in Sections 9 through 15 60(equals) Weighted point value for each possible point scored in this section .0.4333

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5.0 PROJECT MANAGER #1 - SELF CERTIFICATION

5.1 Project Manager Name: (first) (last)

5.2 Primary Residence: (city) (state)

5.3 Employment (employee of Prime Provider or Subcontractor):

5.4 Professional designation

5.4.1 Name of Sponsoring Entity: 5.4.2 Name of Credential: 5.4.3 Your Credential Number:

5.4.4 Expiration Date of Credential:

6.0 PROJECT MANGER #1 - EXPERIENCE LOG

6.1 Add rows to the log as needed.

6.2 Enter the year and month in which you, as a Project Manager were actively engaged in performing similar services for parcels subject to eminent domain and the Uniform Act. The experience must have taken place between the period of April 2011 and April 2016.

6.3 Enter the name of the Condemning Authority for which you performed work as a Project Manager; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

6.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 9.3 Log for Qualifications and Experience for Project Manager #1

Year Month No. of Parcels Name of CA Project Identification

Total

6.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

6.5.1 Signature: Date:

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7.0 PROJECT MANAGER #2 – EXPERIENCE LOG

7.1 Project Manager Name: (first) (last)

7.2 Primary Residence: (city) (state)

7.3 Employment (employee of Prime Provider or Subcontractor):

7.4 Professional designation

7.4.1 Name of Sponsoring Entity: 7.4.2 Name of Credential: 7.4.3 Your Credential Number:

7.4.4 Expiration Date of Credential:

8.0 PROJECT MANGER #2 - EXPERIENCE LOG

8.1 Add rows to the log as needed.

8.2 Enter the year and month in which you, as a Project Manager were actively engaged in performing similar services subject to eminent domain and the Uniform Act. The experience must have taken place between the period of April 2011 and April 2016.

8.3 Enter the name of the Condemning Authority for which you performed work as a Project Manager; i.e. Lower Colorado River Authority Department, City of Dallas, etc.

8.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 9.4 Log for Qualifications and Experience for Project Manager #2

Year Month No. of Parcels Name of CA Project Identification

Total

8.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

8.5.1 Signature: Date:

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.

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SECTION 10Qualifications and Experience for Negotiation Agents

1.0 NEGOTIATION AGENTS – QUALIFICATIONS AND EXPERIENCE

Table 10.1

Subject Expertise Possible Points to be Scored1 2 3 4 5

Negotiation/Acquisition Services for Parcels Subject to Eminent

Domain

More than 25 but less than 50

parcels

50 to 74 parcels

75 to 99 parcels

100 and 125 parcels

More than 125 parcels

Texas Real Estate License or License to Practice Law in Texas

Yes Yes Yes Yes Yes

Professional Credential(see paragraph 2.5

below)No No Yes Yes Yes

2.0 CRITERIA

2.1 All parcels must have been subject to Eminent Domain.

2.2 Total number of parcels (in aggregate) for which Negotiation/Acquisition Services were provided for a condemning authority subject to eminent domain and the Uniform Act, without distinction as to being a Provider’s employee or Sub-Provider.

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

2.4 All parcels must have been in progress but not necessarily completed during the 5-year period of April 2011 through April 2016.

2.5 For the purposes of this RFP, a professional credential in Negotiation/Acquisition Services is considered to be an active credential by a national or international organization which requires training, experience, capstone exam, and continuing educational units in the field of Negotiations/Acquisition. The professional credential must be active at the date of the response to the RFP and must remain active through the end of the contract period. Examples of professional credentialing for a Negotiation/Acquisition Agents are:

2.5.1 Senior Right of Way Agent (SR/WA) from the International Right of Way Association, or

2.5.2 Uniform Act Certification (R/W-URAC) from the International Right of Way Association, or

2.5.3 Right of Way Negotiation and Acquisition Certification (R/W-NAC) from the International Right of Way Association, or

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2.5.4 An active license to practice law in Texas.

3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of professional experience is self-certified by the individual and for the purposes of responding to this RFP, further support documentation is not required beyond the completion of the individual’s Experience Log. The Department retains the right during the evaluation and if working under a contract, to request additional support documentation from the Provider or any of the individual team members regarding their qualifications, experience or performance. Experience must be between the periods of April 2011 through April 2016.

4.0 NEGOTIATION AGENTS – PROFESSIONAL LICENSE: Negotiation/Acquisition Agents must have an active Real Estate License issued by the Texas Real Estate Commission, or have a license to practice law in the State of Texas.

5.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9 through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333 points. The final score for this section will be rounded to the nearest whole number.

Table 10.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in Sections 9 through 15 60(equals) Weighted point value for each possible point scored in this section 0.4333

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6.0 NEGOTIATION/ AGENT #1 - SELF CERTIFICATION

6.1 Negotiation Agent Name: (first) (last)

6.2 Primary Residence: (city) (state)

6.3 Employment (employee of Prime Provider or Subcontractor):

6.4 Professional designation

6.4.1 Name of Sponsoring Entity: 6.4.2 Name of Credential: 6.4.3 Your Credential Number:

6.4.4 Expiration Date of Credential:

7.0 NEGOTIATION AGENT #1 - EXPERIENCE LOG

7.1 Add rows to the log as needed.

7.2 Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively engaged in performing Negotiation/Acquisition for parcels subject to eminent domain and the Uniform Act. The experience must have taken place between April 2011 and April 2016.

7.3 Enter the name of the Condemning Authority for which you performed work as a Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of Dallas, etc.

7.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 10.3 Log for Qualifications and Experience for Negotiation Agent #1

Year Month No. of Parcels Name of CA Project Identification

Total

7.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

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6.5.1 Signature: Date:

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8.0 NEGOTIATION AGENT #2 - SELF CERTIFICATION

8.1 Negotiation Agent Name: (first) (last)

8.2 Primary Residence: (city) (state)

8.3 Employment (employee of Prime Provider or Subcontractor):

8.4 Professional designation

8.4.1 Name of Sponsoring Entity: 8.4.2 Name of Credential: 8.4.3 Your Credential Number:

8.4.4 Expiration Date of Credential:

9.0 NEGOTIATION AGENT #2 - EXPERIENCE LOG

9.1 Add rows to the log as needed.

9.2 Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively engaged in performing Negotiation/Acquisition Services under the Uniform. The experience must have taken place between April 2011 and April 2016.

9.3 Enter the name of the Condemning Authority for which you performed work as a Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of Dallas, etc.

9.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 10.4 Log for Qualifications and Experience for Negotiation Agent #2

Year Month No. of Parcels Name of CA Project Identification

Total

9.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

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9.5.1 Signature: Date:

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10.0 NEGOTIATION AGENT #3 - SELF CERTIFICATION

10.1 Negotiation Agent Name (first) (last)

10.2 Primary Residence: (city) (state)

10.3 Employment (employee of Prime Provider or Subcontractor):

10.4 Professional designation

10.4.1 Name of Sponsoring Entity: 10.4.2 Name of Credential: 10.4.3 Your Credential Number:

10.4.4 Expiration Date of Credential:

11.0 NEGOTIATION AGENT #3 - EXPERIENCE LOG

11.1 Add rows to the log as needed.

11.2 Enter the year and month in which you, as a Negotiation/Acquisition Agent were actively engaged in performing Negotiation/Acquisition Services under the Uniform Act. The experience must have taken place between April 2011 and April 2016.

11.3 Enter the name of the Condemning Authority for which you performed work as a Negotiation/Acquisition Agent; i.e. Lower Colorado River Authority, Department, City of Dallas, etc.

11.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 10.5 Log for Qualifications and Experience for Negotiation Agent #3

Year Month No. of Parcels Name of CA Project Identification

Total

11.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

11.5.1 Signature: Date:

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SECTION 11Qualifications and Experience for Relocation Agents

1.0 RELOCATION AGENTS – QUALIFICATIONS AND EXPERIENCE

Table 11.1

Subject Expertise Possible Points to be Scored1 2 3 4 5

Relocation Agent Services for Parcels Subject to Eminent

Domain

More than 25 but less than 50 parcels

50 to 74 parcels

75 to 99 parcels

100 and 125 parcels

More than 125 parcels

Professional Credential(see paragraph 2.5 below) No No Yes Yes Yes

2.0 CRITERIA

2.1 All parcels must have been subject to Eminent Domain.

2.2 Total number of parcels (in aggregate) for which Relocation Services were provided for a condemning authority subject to the Uniform Act, without distinction as to being a Provider’s employee or Sub-Provider.

2.3 Relocation Services must include similar responsibilities for transportation projects in which the ROW parcels were subject to eminent domain.

2.4 All parcels must have been in progress but not necessarily completed between the 5-year periods of April 2011 through April 2016.

2.5 For the purposes of this RFP, a professional credential in Relocation Services is considered to be an active credential by a national or international organization which requires training, experience, capstone exam, and continuing educational units in the field of Relocations under the Uniform Act. The professional credential must be active at the date of the response to the RFP and must remain active through the end of the contract period. Examples of professional credentialing for a Relocation Agent are;

2.5.1 Senior Right of Way Agent (SR/WA) from the International Right of Way Association, or

2.5.2 Uniform Act Certification (R/W-URAC) from the International Right of Way Association, or

2.5.3 Relocation Assistance Certification (R/W-RAC) from the International Right of Way Association.

3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of professional experience is self-certified by the individual and for the purposes of responding to this RFP, further support documentation is not required beyond the completion of the individual’s Experience Log. The Department retains the right during the evaluation and if working under a contract, to request additional support documentation from the Provider or any of the individual

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team members regarding their qualifications, experience or performance. Experience must be between the periods of April 2011 through April 2016.

4.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9 through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333 points. The final score for this section will be rounded to the nearest whole number.

Table 11.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in Sections 9 through 15 60(equals) Weighted point value for each possible point scored in this section 0.4333

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5.0 RELOCATION AGENT #1 - SELF CERTIFICATION

5.1 Relocation Agent Name: (first) (last)

5.2 Primary Residence: (city) (state)

5.3 Employment (employee of Prime Provider or Subcontractor):

5.4 Professional designation

5.4.1 Name of Sponsoring Entity: 5.4.2 Name of Credential: 5.4.3 Your Credential Number:

5.4.4 Expiration Date of Credential:

6.0 RELOCATION AGENT #1 - EXPERIENCE LOG

6.1 Add rows to the log as needed.

6.2 Enter the year and month in which you, as a Relocation Agent were actively engaged in performing Relocation Agent Services under the Uniform. The experience must have taken place between April 2011 and April 2016.

6.3 Enter the name of the Condemning Authority for which you performed work as a Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

6.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 11.3 Log for Qualifications and Experience for Relocation Agent #1

Year Month No. of Parcels Name of CA Project Identification

Total

6.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

6.5.1 Signature: Date:

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7.0 RELOCATION AGENT #2 - SELF CERTIFICATION

7.1 Relocation Agent Name: (first) (last)

7.2 Primary Residence: (city) (state)

7.3 Employment (employee of Prime Provider or Subcontractor):

7.4 Professional designation

7.4.1 Name of Sponsoring Entity: 7.4.2 Name of Credential: 7.4.3 Your Credential Number:

7.4.4 Expiration Date of Credential:

8.0 RELOCATION AGENT #2 - EXPERIENCE LOG

8.1 Add rows to the log as needed.

8.2 Enter the year and month in which you, as a Relocation Agent were actively engaged in performing Relocation Agent Services subject to the Uniform Act. The experience must have taken place between the period of April 2011 and April 2016.

8.3 Enter the name of the Condemning Authority for which you performed work as a Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

8.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 11.4 Log for Qualifications and Experience for Relocation Agent #2

Year Month No. of Parcels Name of CA Project Identification

Total

8.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

8.5.1 Signature: Date:

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9.0 RELOCATION AGENT #3 - SELF CERTIFICATION

9.1 Relocation Agent Name: (first) (last)

9.2 Primary Residence: (city) (state)

9.3 Employment (employee of Prime Provider or Subcontractor):

9.4 Professional designation

9.4.1 Name of Sponsoring Entity: 9.4.2 Name of Credential: 9.4.3 Your Credential Number:

9.4.4 Expiration Date of Credential:

10.0 RELOCATION AGENT #3 - EXPERIENCE LOG

10.1 Add rows to the log as needed.

10.2 Enter the year and month in which you, as a Relocation Agent were actively engaged in performing Relocation Agent Services under the Uniform Act. The experience must have taken place between the periods of April 2011and April 2016.

10.3 Enter the name of the Condemning Authority for which you performed work as a Relocation Agent; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

10.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 11.5 Log for Qualifications and Experience for Relocation Agent #3

Year Month No. of Parcels Name of CA Project Identification

Total

10.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

10.5.1 Signature: Date:

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SECTION 12Qualifications and Experience for Condemnation Support Specialists

1.0 CONDEMNATION SUPPORT SPECIALISTS - QUALIFICATIONS AND EXPERIENCE:

Table 12.1

Subject Expertise Possible Points to be Scored1 2 3 4 5

Condemnation Support Specialist Services for Parcels

Subject to Eminent Domain

More than 25 but less than 50 parcels

50 to 74 parcels

75 to 99 parcels

100 and 125 parcels

More than 125 parcels

Professional Credential(see paragraph 2.4 below) No No Yes Yes Yes

2.0 CRITERIA

2.0 All parcels must have been subject to Eminent Domain.

2.1 Total number of parcels (in aggregate) for which Condemnation Support Services were provided for a condemning authority subject to the Uniform Act, without distinction as to being a Provider’s employee or Sub-Provider.

2.2 Condemnation Support Services must include similar responsibilities for transportation projects in which the ROW parcels were subject to eminent domain and subject to the Uniform Act.

2.3 All parcels must have been in progress but not necessarily completed during the 5-year period of April 2011 through April 2016.

2.4 For the purposes of this RFP, a professional credential in Condemnation Support Services is considered to be an active credential by a national or international organization which requires training, experience, capstone exam, and continuing educational units in the field of Condemnation Support under the Uniform Act. The professional credential must be active at the date of the response to the RFP and must remain active through the end of the contract period. Examples of professional credentialing for Condemnation Support are;

2.4.1 Senior Right of Way Agent (SR/WA) from the International Right of Way Association. An active designation/certification by a national or international organization which requires training, experience, and testing in the Uniform Act or as a generalist. For the purposes of this RFP, a professional generalist designation/certification for right of way industry professionals qualifies for a professional designation as a Condemnation Support Specialist. Example; SR/WA Designation from the International Right of Way Association , or

2.4.2 Uniform Act Certification (R/W-URAC) from the International Right of Way Association, or

2.4.3 An active license to practice law in Texas.

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3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of professional experience is self-certified by the individual and for the purposes of responding to this RFP, further support documentation is not required beyond the completion of the individual’s Experience Log. The Department retains the right during the evaluation and if working under a contract, to request additional support documentation from the Provider or any of the individual team members regarding their qualifications, experience or performance. Experience must be between the periods of April 2011 through April 2016.

4.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9 through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333 points. The final score for this section will be rounded to the nearest whole number.

Table 12.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in Sections 9 through 15 60(equals) Weighted point value for each possible point scored in this section 0.4333

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5.0 CONDEMNATION SUPPORT SPECIALIST #1 - SELF CERTIFICATION

5.1 Condemnation Specialist Name: (first) (last)

5.2 Primary Residence: (city) (state)

5.3 Employment (employee of Prime Provider or Subcontractor):

5.4 Professional designation

5.4.1 Name of Sponsoring Entity: 5.4.2 Name of Credential: 5.4.3 Your Credential Number:

5.4.4 Expiration Date of Credential:

6.0 CONDEMNATION SUPPORT SPECIALIST #1 - EXPERIENCE LOG

6.1 Add rows to the log as needed.

6.2 Enter the year and month in which you, as a Condemnation Support Specialist were actively engaged in performing Condemnation Support Services The experience must have taken place between April 2011 and April 2016.

6.3 Enter the name of the Condemning Authority for which you performed work as a Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

6.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 12.3 Log for Qualifications and Experience for Condemnation Support Specialist #1

Year Month No. of Parcels Name of CA Project Identification

Total

6.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

6.5.1 Signature: Date:

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7.0 CONDEMNATION SUPPORT SPECIALIST #2 - SELF CERTIFICATION

7.1 Condemnation Specialist Name: (first) (last)

7.2 Primary Residence: (city) (state)

7.3 Employment (employee of Prime Provider or Subcontractor):

7.4 Professional designation

7.4.1 Name of Sponsoring Entity: 7.4.2 Name of Credential: 7.4.3 Your Credential Number:

7.4.4 Expiration Date of Credential:

8.0 CONDEMNDATION SUPPORT SPECIALIST AGENT #2 - EXPERIENCE LOG

8.1 Add rows to the log as needed.

8.2 Enter the year and month in which you, as a Condemnation Support Specialist were actively engaged in performing Condemnation Support Services The experience must have taken place between April 2011 and April 2016.

.

8.3 Enter the name of the Condemning Authority for which you performed work as a Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

8.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 12.4 Log for Qualifications and Experience for Condemnation Support Specialist #2

Year Month No. of Parcels Name of CA Project Identification

Total

8.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

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8.5.2 Signature: Date:

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9.0 CONDEMNATION SUPPORT SPECIALIST #3 - SELF CERTIFICATION

9.1 Condemnation Specialist Name: (first) (last)

9.2 Primary Residence: (city) (state)

9.3 Employment (employee of Prime Provider or Subcontractor):

9.4 Professional designation

9.4.1 Name of Sponsoring Entity: 9.4.2 Name of Credential: 9.4.3 Your Credential Number:

9.4.4 Expiration Date of Credential:

10.0 CONDEMNDATION SUPPORT SPECIALIST AGENT #3 - EXPERIENCE LOG

10.1 Add rows to the log as needed.

10.2 Enter the year and month in which you, as a Condemnation Support Specialist were actively engaged in performing Condemnation Support Services. The experience must have taken place between April 2011 and April 2016.

10.3 Enter the name of the Condemning Authority for which you performed work as a Condemnation Specialist; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

10.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 12.5 Log for Qualifications and Experience for Condemnation Support Specialist #3

Year Month No. of Parcels Name of CA Project Identification

Total

10.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

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10.5.1 Signature: Date:

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SECTION 13Qualifications and Experience for the Disposal of Property Specialist

1.0 DISPOSAL OF PROPERTY SPECIALISTS - QUALIFICATIONS AND EXPERIENCE:

Table 13.1

Subject Expertise Possible Points to be Scored1 2 3 4 5

Disposal of Property Services for Parcels Subject to Eminent

Domain

More than 25 but less than 50 parcels

50 to 74 parcels

75 to 99 parcels

100 and 125 parcels

More than 125 parcels

2.0 CRITERIA

2.1 All parcels must have been subject to Eminent Domain.

2.2 Total number of parcels (in aggregate) for which Disposal of Property Services were provided for a condemning authority subject to the Uniform Act, without distinction as to being a Provider’s employee or Sub-Provider.

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

2.4 All parcels must have been in progress but not necessarily completed during the 5-year period of April 2011 through April 2016.

2.5 For the purposes of this RFP, a professional credential in Disposal of Property Services is not applicable.

3.0 EXPERIENCE VERIFICATION: For the purposes of this RFP, an individual’s reporting of professional experience is self-certified by the individual and for the purposes of responding to this RFP, further support documentation is not required beyond the completion of the individual’s Experience Log. The Department retains the right during the evaluation and if working under a contract, to request additional support documentation from the Provider or any of the individual team members regarding their qualifications, experience or performance. Experience must be between the periods of April 2011 through April 2016.

4.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum total possible points in Sections 9 through 13 equals 20% of the total possible score; i.e., each of the 60 possible points (5 Sections x 12 persons on personnel roster = 60 points) for these sections will be weighted to 0.4333 points. The final score for this section will be rounded to the nearest whole number.

Table 13.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in Sections 9 through 15 60(equals) Weighted point value for each possible point scored in this section 0.4333

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5.0 DISPOSAL OF PROPERTY SPECIALIST #1 - SELF CERTIFICATION

5.1 Disposal of Property Specialist Name: (first) last)

5.2 Primary Residence: (city) (state)

5.3 Employment (employee of Prime Provider or Subcontractor):

6.0 DISPOSAL OF PROPERTY SPECIALIST #1 - EXPERIENCE LOG

6.1 Add rows to the log as needed.

6.2 Enter the year and month in which you, as a Disposal of Property Specialist were actively engaged in performing the services subject to eminent domain and the Uniform Act. The experience must have taken place between April 2011 and April 2016.

6.3 Enter the name of the Condemning Authority for which you performed work as a Disposal of Property Specialist; i.e., Lower Colorado River Authority, Department, City of Dallas, etc.

6.4 Enter the Project Identification; i.e., IH-35 Department project, Waco.

Table 11.3 Log for Qualifications and Experience for Disposal of Property Specialist #1

Year Month No. of Parcels Name of CA Project Identification

Total

6.5 Self-Certification. My signature below certifies that all of my qualifications and experience listed in this Section are true and correct.

6.5.1 Signature: Date:

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SECTION 14Professional Qualifications and Experience for Real Estate Appraisers

1.0 REAL ESTATE APPRAISERS – CRITERIA FOR QUALIFICATIONS AND EXPERIENCE

1.1 The Provider shall only use Real Estate Appraisers that have been pre-qualified as Department Certified Appraisers. No Work Authorization will be authorized for any appraisal services without the individual Appraisers having gained Department Certification from the Department.

1.2 The Provider will choose Real Estate appraisers based on their record of timely delivery of appraisal assignments and specificity in the complexity of each appraisal assignment.

1.3 Multiple Appraisers can be used on a Work Authorization.

1.4 The Provider will build a Project Sales and Lease Data Book with the information shared among the Appraisers in order to ensure the highest level of competency, efficiency, openness and transparency.

1.5 In preparation of listing individual appraiser names on the personnel roster of a Work Authorization, the Provider is responsible for review of the list of Department Certified Appraisers at the following website.

http://www.txdot.gov/business/opportunities/real-estate-appraisers.html

1.6 If an Appraiser loses Department Certification status, no further appraisal assignments will be allowed.

1.7 Each Appraiser is required to have achieved Department Certification which includes an active certification issued by the Texas Appraiser Licensing and Certification Board, and then achieved a second level of certification as a Department Certified Appraiser. The records of the Appraiser’s certification date for both the State and the Department are monitored by the ROW Division and as such, all of the Appraisers are qualified to accept and complete appraisal assignments based on the property types allowed under their individual certifications.

1.8 To complete the response to this section of the RFP, the Provider will access the website shown under paragraph 1.5 above, print the list and attach it behind this section of the document that is used for the response to this RFP.

1.9 As the use of a Department Certified Appraiser is dependent upon the location of the assignment, the complexity of the assignment and the availability of the Appraiser to deliver the report within the schedule demands, individual Appraisers will not be scored for the purpose of this RFP.

1.10 INSERT HERE: Behind Section 14 of the completed RFP, insert a copy of the list of Department Certified Real Estate Appraisers accessed from the website shown in paragraph 1.5 above.

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SECTION 15Proposed Fee Schedule

1.0 EVALUATION CRITERIA: Specific work tasks that can be assigned for a ROWAPS work authorization include; Project Management Services (with or without Field Office), Appraisal and Appraisal Review Services (including original, update and preparation and testimony for eminent domain cases), Negotiation Services; Relocation Assistance Services, Condemnation Support Services and Disposal of Property.

1.1 Each of these work tasks are composed of specified tasks that must be completed to reach a milestone payment. As such, the fee schedule for ROWAPS work is based on a “Fee for Service” which is defined in the State of Texas Contract Management Manual as; “A specific fee for a unit of service. Payments are made for each unit of service completed.”

1.2 A cost is reasonable if in its nature and amount it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In responding to this RFP, you must insert your range of professional service fees for each specified discipline.

1.3 A professional service fee range is required as the degree of difficulty and time expended on each services discipline is dependent on a number of variables that cannot be determined at the time the RFP is submitted for evaluation. Examples are; project location, property uses, project time demands, availability of comparable sales and rental information, replacement housing, eminent domain ratio, cost and safety to the traveling public as a result of construction re-scheduling..

1.4 If your company is awarded a contract as the result of this RFP, and are offered the opportunity to execute a Work Authorization, you will be given the opportunity to determine the degree of complexity for each service discipline on a parcel basis after you have reviewed a copy of the ROW map and driven each property on the project. You will then meet with ROW-PD staff to determine the specific fee for each service discipline associated with each parcel.

2.0 POSSIBLE POINTS FOR SERVICE DISCIPLINE CATEGORIES: The scoring evaluation of your proposed fee schedule is based on the reasonableness of the proposed fee range for categories of 9 categories of service disciplines listed in the following table.

Table 15.1

Service Discipline Categories Possible Points

Project Management Services with Project Field Office 1, 3 or 5Project Management Services without Project Field Office 1, 3 or 5Negotiation Services 1, 3 or 5Condemnation Support Services 1, 3 or 5Disposal of Property Services 1, 3 or 5Relocation Services for Residential 1, 3 or 5Relocation Services for Business 1, 3 or 5Relocation Services for Outdoor Advertising Signs 1, 3 or 5Relocation Services for Personal Property and Storage Units 1, 3 or 5Appraisal Services 1, 3 or 5Review of Appraisal Services 1, 3 or 5All Appraisal Preparation and Testimony for Eminent Domain Cases 1, 3 or 5

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3.0 MAXIMUM POSSIBLE POINTS: The weight of the maximum possible points in this Section equals 20% of the total possible score; i.e. each of the 45 possible points (12 service discipline categories x 5 possible points = 60 total points) for this section will be weighted to equal 0.4333 point. The final score for this section will be rounded to the nearest whole number.

Table 15.2

Total possible points available in the RFP 130(times) Scoring weight of this section 20%(equals) This section’s weighted percentage of the total possible points available in the RFP 26

(divided by) Total possible points available in this section 60(equals) Weighted point value for each possible point scored in this section* 0.4333

3.1 The Department will compare your average fees to the fees paid for similar types of service within the recent past, current fee schedules and current market rate. If your average proposed fee for each of the 12 service categories listed on the previous page falls outside of specified ranges from the Optimal Fee Point (OFP) the following points are scored.

Table 15.3

Compared to Optimal Fee Point (OFP) Possible Points

Weighted Point Value

Points Scored

Within 15% above or below the OFP 5 0.4333 2.1665Inside of a range of15% to 20%Above or Below OFP 4 0.4333 1.7332

Inside of a range of 21% to 25%Above or Below OFP 3 0.4333 1.2999

Inside of a range of 26% to 30%Above or Below OFP 2 0.4333 0.8666

More than 30% Above or Below OFP 1 0.4333 0.4333

4.0 COMPLETING THE PROPOSED FEE SCHEDULE

4.1 Fees for Project Management Services are based on full administrative and management services being provided for each Work Authorization. There are two categories of Project Management Services. In both cases, the Project Management Services are paid on a monthly basis.

4.1.1 Project Management Services without the requirement of a Project Field Office

4.1.2 Project Management Services with the requirement of a Project Field Office

4.2 All of the other services are paid on a fee for service for completed milestones. No payments or partial payments for incomplete or unaccomplished milestones will be paid.

4.3 The Proposed Fee Schedules must be completed in an Excel© spreadsheet format. Print a hard copy of the proposed fee schedule and place it behind this section of the completed RFP. The spreadsheet shall be titled “Attachment A – Proposed Fee Schedule”.

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4.3 In addition to the hard copy of the Proposed Fee Schedule spreadsheet, you must submit a CD disc containing a duplicate of the completed Proposed Fee Schedules. The Proposed Fee Schedule on the CD must be produced in an unlocked Microsoft Excel© Format.

4.3.1 The CD must be labeled to show the name of your company, the RFP number 55-6RFPP002, and the title “Proposed Fee Schedule”. The CD must be affixed to the last and separate page behind this section of the completed RFP. The page containing the CD disc will be a plastic or paper sheet designed for CD presentation. Only one CD is required. Do not submit duplicate copies of the CD in other copies of the RFP.

4.4 This RFP is published in Microsoft Word© format and the spreadsheet is in Microsoft

Excel© format. The spreadsheet template formatted in Excel© must be downloaded as “Attachment A-55-6RFPP002 Proposed Fee Schedule”. Both the RFP and the Excel© spreadsheet can be downloaded at either of the following two web sites.

Department Website athttps://www.txdot.gov/business/opportunities/proposals.html

The Electronic State Business Daily at the State Comptrollers website athttp://esbd.cpa.state.tx.us

INSERT HERE: Behind Section 15 of the completed RFP, insert a CD disc containing a duplicate of the completed Proposed Fee Schedules. The Proposed Fee Schedule on the CD must be produced in an unlocked Microsoft Excel format.

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SECTION 16EXECUTION OF THE PROPOSAL

NOTE: RESPONDENTS SHALL COMPLETE AND RETURN THIS SECTION WITH THEIR PROPOSAL. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.

By signature hereon, the respondent certifies that:

All statements and information prepared and submitted in the response to this RFP are current, complete and accurate.

He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Failure to sign the Execution of the Proposal or signing it with a false statement shall void the submitted offer or any resulting contracts.

Neither the proposer or the firm, corporation, partnership, or institution represented by the proposer or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business.

Under Section 2155.004, Government Code, the Provider certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

Under TGC, Title 5, Subtitle D, Section 231.006, Family Code (relating to child support), the individual or business entity named in this solicitation is eligible to receive the specified payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. The response includes the names and Social Security Numbers of each person with a minimum of twenty-five percent (25%) ownership of the business entity submitting the response. Respondents that have pre-registered this information on the TBPC Centralized Master Bidders List have satisfied this requirement. If not pre-registered, provide the names and Social Security Number with the Execution of Proposal.

Respondent is in compliance with TGC, Title 6, Subtitle A, Section 669.001, relating to contracting with an executive of a state agency. If Section 669.001 applies, respondent shall provide the following information as an attachment to this response. The name of former executive, name of state agency, date of separation from state agency, position with respondent and, date of employment with respondent.

Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of the respondent and to bind the respondent under any contract resulting from this proposal.

Respondent (Company Name):

Name (Printed): Signature (blue ink)

(With authorized signature authority)

Title: Date:

Street:

City/State/Zip Code:

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Primary Telephone: Facsimile:

Email Address: Fed. Employer Identification No.

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SECTION 17FORMS

1.0 Insurance Form 1560-CS . Complete “Certificate of Insurance” form 1560-CS and place it in Section 18 of the completed RFP.

2.0 Lobbying Certification. Complete the “Lobbying Certification” form and place it in Section 18 of the completed RFP.

3.0 Federal Sub-Provider and Supplier Information (DBE Form H-5). Complete the “Federal Sub-Provider and Supplier Information (DBE Form H-5) and place it in Section 18 of the completed RFP.

4.0 Failure to accurately complete and submit all of the forms listed above in the completed RFP may result in the RFP being considered non-responsive.

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Texas Department of Transportation

INSTRUCTIO

NS

BEFORE YOU SUBMIT THIS FORM, MAKE SURE:

Form 1560-CS Professional

Provider Insurance (Rev. 03113)

Page 1 of 2 (Previously Known As

Form 1560-CSS)

• You have the most current 1560-CS TxDOT form. Go to the following TxDOT Internet site:

http://www.txdot.gov/business/consultants/insurance.html then look for the Form 1560-CS.• You have entered the 11-digit Vendor Identification Number, which includes your nine-digit FEIN (Federal Employer

Identification Number).• You have entered each authorized agent's complete address, telephone number, policy expiration dates, sign and date.• If more than one agent covers different types of insurance (one writes Workers' Compensation, but another writes

Auto), both have issued the certificate in its entirety.• You have provided Q\1 requested information on the forms, which may be faxed but must be followed up with the

originally signed forms to the address listed below.• The form is being submitted in connection with a professional services contract.• For construction and maintenance contracts, go to the following TxDOT Internet site:

http://www.txdot.gov/business/contractors/contractor-insurance.html then look for the Form 1560.DO NOT COMPLETE THIS FORM UNLESS WORKERS' COMPENSATION IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TxDOT.

To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service company is providing insurance, the staff leasing company name is shown first as the named insured and then in parenthesis identify the contractor/client company (i.e. XYZ Staff 4 U, Inc.-staff leasing service company (ABC Engineering, Inc.)). Show contact information (i.e. address, phone number, and etc.) for the insured/staff leasing service company in the appropriate spaces. Show the contact information (i.e. address, phone number, and etc.) for the contractor/client company in the appropriate spaces. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects or contracts on this form. Over-stamping or over-typing entries on the certificate of insurance are not acceptable if they change the provisions of the certificate in any manner. Stamped, typed, or printed signatures are not acceptable. Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike through or cross out the pre-printed limit. Binder numbers are not acceptable for policy numbers.

WORKERS' COMPENSATION INSURANCE:The contractor is required to have Workers' Compensation Insurance if the contractor has any employees, including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation.

COMMERCIAL GENERAL LIABILITY INSURANCE:

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If coverages are specified separately, they must be at least these amounts:

Bodily InjuryProperty Damage

$500,000 each occurrence$100,000 each occurrence$100,000 for aggregate

MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance.

BUSINESS AUTOMOBILE POLICY:The coverage amount for a Business Automobile Policy may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. Personal Automobile Liability Insurance is not an acceptable substitute for a Business Automobile Policy.

MAIL CERTIFICATES TO: Texas Department of Transportation, Contract Services Office; 125 E. 11th St. Austin, TX 78701-2483512-416-4620 (V), 512-416-4621(F)

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Texas Department of Transportation (Department)

CERTIFICATE OF INSURANCE

Form 1560-CS Professional Provider Insurance

(Rev. 03/13)Page 2 of2

(Previously Known As Form 156G-CSS)

This certificate of insurance is provided for informational purposes only. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. The terms of the referenced policies control over the terms of this certificate. Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the Department certificate of insurance form is acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page one of this form. Copies of endorsements listed below are not required as attachments to this certificate.

Insured:

Street/Mailing Address:

City:

Phone Number:

State:

Vendor ID Number (11 digits):

Zip Code:

Contractor/Client (if applicable):

Street/Mailing Address:

City:

Phone Number:State:

Vendor ID Number (11 digits):

Zip Code:

Workers' Compensation Insurance Coverage:Endorsed with a Waiver of Subrogation in favor of Department.

Carrier Name: I Carrier Phone Number: I

Address: I City: I ! state: I I Zip: IType of Insurance Policy Number Effective Date Expiration Date Limits of Liability

Workers' Compensation I I I I I I Not Less Than: Statutory- Texas

Commercial General Liability Insurance:Carrier Name: I Carrier Phone Number: I

Address: City: I I State: I I Zip: IType of Insurance Policy Number Effective Date Expiration Date Limits of Liability

Commercial General Liability Insurance Bodily InjuryProperty Damage

OR Commercial General Liability Insurance

I II INot Less Than:

$500,000 each occurrence$100,000 each occurrence$100,000 for aggregate

OR$600,000 combined single limit

Automobile Liability Insurance:Carrier Name: Carrier Phone Number: I

Address: City: I !State: I !Zip: IType of Insurance Policy Number Effective Date Expiration Date Limits of Liability

Business Automobile PolicyBodily Injury

Property Damage

I INot Less Than:$250,000 each person$500,000 each occurrence$100,000 each occurrence

Authorized Agent name, address and zip code:THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by Department as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature.

The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and review the information. Under section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.

Area Code of Authorized Agent's Phone Number Original Signature of Authorized Agent Date

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55-6RFPP002LOBBYING CERTIFICATION

For Grants, Contracts, Loans, and Interagency Cooperation Contracts

The undersigned certifies to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid by or on behalf of 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.

(2) 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.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclosure accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

________________________ Signature

________________________ Title

________________________ Agency ________________________ Date

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55-6RFPP002

Federal Sub-Provider and Supplier Information (DBE Form H-5)

The Provider shall indicate below the name, address and phone number of all successful and unsuccessful 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.

Name Address Phone Number

The information must be provided and returned with the completed RFP. __________________________________ __________________Signature Date

________________________ Printed Name Email Phone #

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