Texas Department of Transportation
Supplement #1 Published May 19, 2016 Questions and Answers For REQUEST FOR PROPOSAL #55-6RFPP002 ROW Division 118 East Riverside Drive Austin, Texas 78704
Proposal Due Date: May 31, 2016 at 12:00 Noon (CST)
The following document contains questions and responses posed to the Right of Way Division (ROW) regarding the May 4, 2016 publication of the Request for Proposal (RFP) 55-6RFPP002 for Statewide Right of Way Professional Services. Our responses to the questions are presented in a logical sequence as they pertain to each of the seventeen sections of the RFP. This document is published as Supplement #1 to the original RFP published May 4, 2016 and the responses are considered part of the original RFP. The questions are reprinted as close to their original format as possible while maintaining the anonymity of the writer. SECTION 1 - Table of Contents No written questions submitted. SECTION 2 - General Information No written questions submitted. SECTION 3 - Proposal Information Question 3a: Will the sign-in sheets be provided at a later date? Response to Question 3a: You may submit an open records request on the link provided below: http://www.txdot.gov/apps-cg/contact_us/form/openrecords.htm Question 3b: The mandatory contract orientation meeting is scheduled for June 16th, the same day as the IRWA (International Right of Way Association) annual conference. Would TxDOT ROW Division consider a change the meeting date? Response to Question 3b: The contract orientation will remain the same. Question 3c: 5.1.1 and 5.1.1.1 requires a Compact Disc (CD) of the entire RFP in Word format and a Compact Disc (CD) of the Fee Schedule in Excel format. Does this mean two separate CD’s and may we submit a flash or thumb drive in place of a CD? Response to Question 3c: Only one CD including both the proposal and the fee schedule must be submitted. A flash drive or thumb drive is an acceptable alternative to a CD. Question 3d: 5.1.2.2 Should we let the page numbers on our responses naturally adjust or would you prefer that we keep the numbers as they are on the RFP? Response to Question 3d: Allow the pages to be numbered naturally. Question 3e: 5.1.2.2 May we suspend page numbering for the pages submitted for an individual’s qualifications and experience log because an individual may need to add rows to the Q&E log adding pages to the response? Response to Question 3e: No Question 3f: Table 3.1 The rating scale references 1, 3 or 5 points but the evaluations sheets have a range from 1-5. Please explain how will these correlate during scoring? SUPPLEMENT #1 to 55-6RFPP002
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Response to Question 3f: The rating scale should read 1 through 5 points when rating the experience of a firm or an individual’s qualifications and experience. The rating for the ability to meet scheduling demands and the reasonableness of fees will be rated 1, 3 or 5 as stated in Table 3.1. Question 3g: 5.1.5 In which section should we provide the acknowledgement of the addenda or supplements? Response to Question 3g: A signed copy of each addendum or supplement should be placed at the end of your proposal, behind the required forms in Sections 17. Question 3h: 6.1 indicates that inquiries should be submitted in writing, is electronic submission acceptable? Response to Question 3h: Yes, inquiries are acceptable in electronic format or LOI (Letter of Interest) SECTION 4 – Statement of Work Question 4a: 1.1.2.3 “Costs of pass through expenses will be counted against the contract and authorized amount of the work authorization,” what is the difference between a pass through cost and direct cost? Response to Question 4a: A direct cost is any cost billed directly to TxDOT including but not limited to: preliminary Title Commitments, update Title Commitments and title insurance. These costs are not counted against the contract or work authorization amount. A pass through cost is a cost that is paid for by the provider and then reimbursed by TxDOT including but not limited to: Rent and utilities of a TxDOT requested project filed office or filing Lis Pendens. Question 4b: Pass Through Costs- These costs are expensed against the amount of the Contract and Work Authorization. Does this mean that the amount of our work authorization will need a line item for the pass through costs at the time the work authorization is executed? Response to Question 4b: Yes, a line item will be added to the fee schedule for an estimated dollar amount of pass through costs. Question 4c: 1.1.2.3 Will costs submitted directly to TxDOT from a Service Processor or Title Company be counted against the contract? Response to Question 4c: Expenses billed directly to TxDOT from a Title Company will not be counted against the contract. A service Processor should never bill TxDOT directly. This service should be paid under the Provider’s Administration fees. Question 4d: 1.1.13 - Does the “Brokers License by a Business Entity” requirement apply to any sub-providers and if so, in which categories? Response to Question 4d: No Question 4e: 1.1.2.3 Will we have to modify our WA to include pass through costs if they are to arise? Response to Question 4e: No, these will be approved to be reimbursed charges.
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Question 4f: 1.1.11.4 Can you please clarify if attending weekly status meetings must be in person or can it be by phone? This was previously a monthly requirement. Response to Question 4f: The requirements of status meetings are determined by the TxDOT Project Manager. Question 4g: 1.2.1 If an individual is added to the list of TxDOT Department Certified Appraisers after May 31, can they still be used to provide appraisal services for projects. Response to Question 4g: Yes, 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.Department.gov/business/opportunities/real-estate-appraisers.html Question 4h: 1.2.10 Will the negative ratings of an individual appraiser in relation to late delivery of reports also affect the Prime Provider? Response to Question 4h: Possibly. Question 4i: Is the Provider also required to keep and report performance metrics on the two business day turn-around for ROW-PD to complete administrative review of appraisals? Response to Question 4i: Yes Question 4j: 1.4.6. Can TxDOT clarify that a PUA is the preferred executed document when working towards constructability procession. Response to Question 4j: Yes Question 4k: 1.5.3.2 - ROW-R-MP. What form is this? If it is a move plan, what type of move plan does TxDOT need for a Residential move? A move plan is used if you need a pallet jack; need to hire an electrician to connect wiring for the move etc. Response to Question 4k: The ROW-R-MP is the move plan form. The move plan is intended to help displacees begin to think about all aspects of their move. A residential displacee may need electricians and plumbers to disconnect and reinstall personal property spas, or special movers may be required to move grandfather clocks or pool tables. The fact that it is not a commercial move doesn’t mean it won’t have certain complexities to work through. Question 4l: 1.5.7.2 Is the written offer, appraisal report and required brochures not to be sent to the Owner/Occupant Residential Displacees until a TxDOT-approved Relocation Supplement may be provided at the same time? Response to Question 4l: No, deliveries of those documents are not tied to the approval of a relocation supplement. TxDOT’s expectation is that as a standard practice relocation benefits packages will be delivered simultaneously with the initial offer. It is however possible those situations could occur where supplement packages are not completed prior to offer packages being ready. In those instances the acquisition process should not be delayed until such time as relocation supplements have been approved.
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Question 4m 1.5.17 - Relocation Agent will be available for any appeals and hearings. Will a provider be allowed to invoice on an hourly basis for this service? Response to Question 4m: No Question 4n: 1.7.2 Why must the provider obtain 4 file-marked copies of the award and retain 3? More than likely e-filing of the award will be used. In section 1.7.4 Provider is instructed to obtain and distribute 3 signed and file-marked copies of the award. If the instructions above are followed the provider will end up with 3 file-marked copies of the award signed by the commissioners, but not the judge, AND 3 file marked copies signed by the commissioners and the judge to be distributed. This seems duplicative. If copies are needed to process things before the judge has signed there is no reason “originals” will be needed and copies could be made by the provider at their office. Response to Question 4n: This is a process control and as such is always subject to change. The number of copies are not relevant for your response to this RFP. Question 4o: 1.7.7 Why do both the provider and appraiser need to take date of take photographs? Response to Question 4o: Preferences for who should take photographs is determined by the AG. Question 4p: 1.8.2 Can forms 1134 and 1135 be loaded to TxDOT’s website? Response to Question 4p: You may find the forms 1134 and 1135 at the links below:
• Form 1134 [SSD]: http://www.txdot.gov/txdoteforms/GetForm?formName=/1134.xdp&appID=/GSD &status=/reportError.jsp&configFile=WFServletConfig.xml • Form 1135 [SSD]: http://www.txdot.gov/txdoteforms/GetForm?formName=/1135.xdp&appID=/GSD &status=/reportError.jsp&configFile=WFServletConfig.xml .Question 4q: In cutting down on potential factors causing delays on TxDOT projects, would it help incentivize Appraisers to provide timely corrections if the milestones were 75% for the completed appraisal submittal followed by the remaining 25% once it has been approved by TxDOT? Response to Question 4q: Untimely responses are an evaluated issue that will affect the Appraisals future work. The milestones published cannot be changed for the purposes of responding to this RFP. Question 4r 2.5 Fees for Negotiations. If a Parcel goes to Condemnation and the owner will not sign a PUA it appears that the ROWAPS provider will only be eligible to Receive: 25% for the Offer (Sect. 2.5.2) and 10% for delivery of the Final Offer Letter (Sect. 2.5.3.1). For a total of 35%
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In this instance the Provider will not be able to collect the following fees: (Sect. 2.5.3.2) 35% Upon execution of the PUA (Sect. 2.5.4) 30% For closing by deed ..... For a total of 65% not being eligible to be collected of the fee under the Negotiation Service. • Is there a possibility that the WA may be extended with no admin fee (Management Fee) to wait for that final charge? • Fee milestones for Negotiation Services: Would you re-investigate the proposed milestone changes? The new proposed milestones may cause an unintended reaction of providers focusing negotiation efforts only on parcels that have clear title for a possibility of earning all of the Negotiation fee. If anything is missing (i.e. owners agreement AND clear title), the fee plummets from 70% presently) to 35%. There are a lot of negotiation hours needed (processing settlements, attempting to clear title) that require some ability to recover (35% does not cover it). Response to Question 4r: In this situation a parcel has failed to be closed by negotiations and is entering eminent domain services so no closing by deed would be possible. Providers will be evaluated based on their ability to deliver parcels by negotiations and adhering to the priority list developed by ROW-PD. Any work performed in clearing title that doesn’t result in a closing by deed will still benefit providers by making for cases with fewer parties to join and ultimately easier parcels acquired through condemnation. Question 4s 2.5.3.2 Following the final offer, and proceeding to closing, is it possible to receive 35% for the payment submission and clear title confirmation? The following language appears to have been omitted: Following “ROW-PD concurrence”, “OR, upon presentation of acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant. Response to Question 4s: If after a final offer the parcel proceeds to closing the milestone for 2.5.3 would have been satisfied so there would be no need to worry about the 35% milestone under 2.5.3.2 because it would already be covered. Question 4t It is common to work with property owners through the 30-day negotiation period and after sending the Final Offer Letter, what happens with this 10% if we provide an acceptable payment submission as mentioned above in 2.5.3 after sending an FOL to the owner? Response to Question 4t: 2.5.3.1 The 10% milestone is not eligible as the 45% milestone would be paid for the acceptable payment package submission with clear title or confirmation that title will be clear by receipt of warrant. Question 4u:2.5.3.2 Is a Deed implied in this milestone or would TxDOT consider changing the wording of this milestone to “presentation of acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant”, whether that be by Deed or PUA? This would result in the same 45% payment
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milestone, this way there is more assurance for TxDOT that the parcel will continue through the payment process or closing. Response to Question 4u: 2.5.3.2 does not require a deed but does require possession by a signed PUA that has gone through a closing. If a deed is obtained after that providers would be eligible for the 30% milestone under 2.5.4. If not the parcel goes into eminent domain and the final 30% milestone is ineligible. Question 4v 2.5.3.2 How does this milestone effect relocation? In the past a PUA has not worked since the PUA doesn't give the agent an avenue to move the Displacee any sooner than the displacee wants to move or 30 days after Acquisition. Response to Question 4v: A PUA will work for non-residential displacements. Depending on the situation a PUA could be used on residential relocation parcels but this is a case-by-case situation. Question 4w: 2.6.4.2 Would providers need to wait for the 18-month claim period to expire before submitting for 30% payment milestone or does this imply “all apparent and anticipated claims?” Response to Question 4w: To qualify for the final 30% a provider would need to get the displacee to sign the form certifying their relocation is complete and all claims have been paid. Question 4x: 2.10.2: Would you consider a better balance of 25/25 or 30/20 for the first two milestones of condemnation support services; there is a great deal of mobilization and administrative processing time that goes into this first milestone that 20% doesn’t cover. Response to Question 4x: For this contract round the milestone structure that has been drafted will be implemented as-is but will be monitored to identify if reconsideration is appropriate for the next contract round. Question 4y: 2.10.6 ROWAPS scope of service and authorization to work ends at the notice of deposit. The final judgment and title policy is after the ROWAPS provider scope ends and in all probability after the work authorization ends. Since this is outside the scope the provider has no control over when and how this is done and how accurately and timely it is done. To be within our scope to allow payment for a service provided we suggest the language be changed to: 30% payment milestone paid upon delivery of completed parcel file including fully executed and filed Award of Special Commissioners. Response to Question 4y: No change will be made. A work authorization doesn’t end at a parcel level. If a parcel has not concluded the eminent domain process when a work authorization expires a completed file can’t be turned in to TxDOT. ROW-PD will have to finish any work remaining. Question 4z: Will TxDOT consider combining the final two Milestones into one final milestone payment for 40% be paid upon the Notice of Deposit. Response to Question 4z: No. A provider could receive the 10% for the Notice of Deposit for a parcel where the judgement and title policy aren’t issued prior to work
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authorization expiration. Combining these would potentially limit a provider’s ability to collect milestones. SECTION 5 - General Terms and Conditions No written questions submitted. SECTION 6 – Qualifications, Experience, Performance and Capacity of the Company Question 6a: What date should be listed for the ongoing work shown in Table 6.3? Response to Question 6a: The date completed unless the work is currently ongoing. That being said, if the work being reported is completed, the date of completion cannot be before April 2011. . Question 6b: There was some discussion regarding condemning authorities. For the purposes of this RFP, will pipeline companies be considered condemning authorities; public or private? Response to Question 6b: No Question 6c: Can sub-provider utilize performance evaluation forms provided by a condemning authority to prime provider under which sub-provider performed subject services? Response to Question 6c: Yes Question 6d: Will program management oversight experience count as similar service responsibilities if it was done for a transportation project which was subject to Eminent Domain and the Uniform Act? Response to Question 6d: Yes SECTION 7 – Meeting Scheduling Demands Question 7a Section 7 – Meeting Scheduling Demands. Sections 1.4, 1.5 and 2.1.9 reference detailing plans regarding coordination of clearing right of way and utility accommodation with appropriate department staff. We are unable to find this wording in the ROWAPS scope under disposal. (Page 21) What part of the services described in Section 4, Item1.8, subsections 1.8.1 thru 1.8.3 applies to coordination of utilities and disposition of property. Does TxDOT expect the proposer to include fees for Utility Coordination services not historically within the Statement of Work of the ROWAPS program? Response to Question 7a: Utility coordination is a not a service being requested of ROWAPS providers in this RFP. The expectation is that ROWAPS providers will communicate and coordinate their activities with any person or company providing TxDOT with utility coordination services. Question 7b Item 2.1.2 Please define and provide an example of an “exclusion”. Response to Question 7b: A deviation from the plan due to a hypothetical condition.
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Question 7c 2.1.3 and 2.1.14 – what is sought for these 2 sections that appear to be similar in description? Response to Question 7c: For 2.1.3 you are to provide a detailed management plan and staff organizational structure. For 2.1.4 you are to provide details of how your team will fit into the WBS. Question 7d: For the purpose of preparing the WBS for each of the 20 hypothetical project parcels, may we prepare each WBS without showing general Project Administration services that would apply for all other parcels or the project in general? An example would be weekly status meetings with ROW-PD. Response to Question 7d: Yes Question 7e: May we assume that there will be no electronic filing of the petition and other documents required to be filed for the given hypothetical project for purpose of preparing the WBS? Response to Question 7e: Yes Question 7f In reference to the schedule, do you want a parcel by parcel schedule or how long it will take for the overall services or tasks? Response to Question 7f: Both Question 7g 3.2 and 3.3 – Are we to provide a schedule, with begin and end dates, for each of the 20 parcels on this hypnotical hypothetical project? Response to Question 7g: Yes Question 7h Table 7.2 – Refers to eight ROWAPS service categories, however, Section 6, Table 6.1 lists only seven service categories. What is the eighth service category? Response to Question 7h: This is a typo that references the previous contracts which still had a separate service for title curative and closing. Question 7i Is there a page limit for the Management Plan? Response to Question 7i: No
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SECTION 8 – Qualifications, Experience, Performance and Capacity for Individual Service Disciplines Question 8a: What date should be listed for the ongoing work shown in the experience logs for individual service disciplines? Response to Question 8a: The date completed unless the work is currently ongoing. That being said, if the work being reported is completed, the date of completion cannot be before April 2011. Question 8b: 1.0 Please confirm that Firm A submitting a proposal can NOT utilize team members from Firm B also submitting a proposal for the purpose of their submission. However, Firm A could utilize team members from a Firm NOT submitting a proposal. Response to Question 8b: As stated in 2.0 of Section 8, “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 cannot be employees of another company that is responding to this RFP. Question 8c: The Provider’s Personnel Team must carry a minimum of 12 different individuals.” Based pm the Table 8.1, it appears the required 12 individuals do not include appraises and/or review appraisers. Should the count and Table 8.1 be modified to include appraisers and review appraisers, and if so, by how many? Response to Question 8c: No Appraisers need to be listed on this table Question 8d: Last time we had the ability to submit personnel who may not meet the qualifications but are working under an individual stated on the personnel list. Should we submit these types of secondary individuals? Response to Question 8d: Yes but it is not necessary. Question 8e: 6.0 Is a letter from a sub provider to the prime provider expressing their written intention to work sufficient for this requirement. Response to Question 8e: Yes Question 8f: On the scoring matrix for individuals does a designation/certification alone get you to 3 points or do you need both parcels and the certification? Meaning if you don’t meet all the criteria in one point column must you receive the points from the one you do meet all criteria? Response to Question 8f: No, you must have a minimum of 75 parcels and a professional designation to reach 3 points. Question 8g: Are original signatures required on self-certification pages? Response to Question 8g: Yes. TxDOT does consider electronic signatures as original signatures. Question 8h: In the past we have had to have copies of the Real Estate License and the IRWA Certifications behind these sections. Do we need to include the copies of the items mentioned above behind each of the sections?
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Response to Question 8h: No, 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. Question 8i If a provider wishes to satisfy some or all of the DBE requirement with certified Appraisers and/or Review Appraisers, do we include the “DBE Certification Form” for those sub-providers here? Section 8 appears to exclude Appraisers and Review Appraisers. Should we include the “DBE Certification Form” here or under Section 17? Response to Question 8i: Submit the proof of active DBE certification in section 17 behind the H-5 (Federal Sub-provider information sheet). Question 8j 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. If a contract is awarded, is it possible to expand the team roster for any of the services? This can be accomplished by supplementing the personnel roster. Can the expanded team roster include sub-providers or do sub-providers need to be listed at the time of the proposal is submitted? Response to Question 8j: Yes, a team roster can be expanded for any service. Sub-providers can be supplemented into the contract at any time but the original response to this RFP must include 12 individuals. SECTION 9 – Qualifications and Experience for the Project Managers
Question 9a 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.” The question is regarding the requirement of “Uniform Act” and the fact that other entities were not required to follow this law in certain types of projects, specifically pipeline projects. Response to Question 9a: Yes, this still stands that the parcels entered must be subject to eminent domain and the Uniform Act. SECTION 10 – Qualifications and Experience for Negotiation Agents
Question 10a: If a person has been a Project Manager can the parcels managed count toward Qualification and Experience for Acquisition? Response to Question 10a: No Question 10b: Does the R/W-URAC capstone qualify for the Professional Credentials for the Project Manager classification requirement preferences? Response to Question 10b: Yes SECTION 11 – Qualifications and Experience for Relocation Agents
Question 11a: Are these parcels or relocations performed? I.e.: Apartment complex, 1 parcel, 125 tenants? Response to Question 11a: The relocations would be considered rather than the parcel.
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SECTION 12 – Qualifications and Experience for Condemnation Support Specialists
Question 12a: Does the Condemnation Support specialist classification require that eligible work experience be subject to eminent domain and the Uniform Relocation Act? Response to Question 12a: Yes Question 12b:. If we are providing condemnation support for response to discovery request, monitor the filing of objections, issue citations if objections are filed, prepare documentation for mediations, attend Jury trials, etc. Will this be considered acceptable experience for the condemnation support specialist? Response to Question 12b: Yes SECTION 13 – Qualifications and Experience for Disposal of Property Specialists
Question 13a: What is the department’s definition of Property Disposal as it relates to Qualifications and Experience for Disposal of Property Specialist? Response to Question 13a: Coordination and removal of real property improvements acquired for a transportation project. This includes any required coordination of environmental testing services such as asbestos testing. SECTION 14 – Qualifications and Experience for Real Estate Appraisers Question 14a: Why is there no appraisal log for Section 14? Response to Question 14a: The Provider shall submit a copy of the list of Department Certified Real Estate Appraisers in place of listing individual appraisers. Question 14b How many appraisers are required for the submission? Response to Question 14b: None. Please see response to Question 14a Question 14c Does this section cover only Appraisers or both Appraisers and Review Appraisers? If individual appraisers will not be scored, are we to identify any or all appraisers and review appraisers we wish to use? In what way should we present the name(s)? Response to Question 14c: This section covers both appraiser and review appraisers. All appraisal services personnel need to be identified at the work authorization level. SECTION 15 – Fee Schedule
Question 15a: The company name cell is locked on the fee schedule spreadsheet, is it necessary to input the provider’s name? Response to Question 15a: Yes, include the provider’s name in the header or footer of the spreadsheet. Question 15b: We have spoken to an appraiser who has informed us that TxDOT’s standard hourly fee is $150. Why are we now asking for a low to high range the ROWAPS contract? Response to Question 15b: There is no standard hourly fee for appraisal services. Question 15c: Why would negotiation services for Outdoor advertising signs vary from any other negotiation fee? SUPPLEMENT #1 to 55-6RFPP002
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Response to Question 15c: There will be 2 negotiations services milestones for these parcels. One would be the normal milestones for negotiations services associated with the land acquisition and the second would be for the outdoor advertising sign. The extent of services necessary for the outdoor advertising sign are significantly less as there would be one appraisal report and no title curative work involved. Question 15d: Should we include the cost of Title and Closing in the fee for Negotiation Services? Question 15d: Yes Question 15e: Do I include in our fee schedule the variable of attending to 2 closings rather than 1 closing for the PUA? Response to Question 15e: Yes, our “new normal” includes offering every land owner the opportunity to sign a PUA as well as a deed. We require the Provider to attend both the closing for the PUA and closing for the Deed. SECTION 16 – Execution of the Proposal
No written questions submitted. SECTION 17 - Forms Question 17a: For the Form H-5, will the attached list of TxDOT State approved
appraisers qualify the firm submitting a proposal for the DBE requirement? And if so, what info if any regarding appraisers would we need to fill out on the form. Response to Question 17a: No, submitting the “Department Certified” List of Appraisers will not suffice. The H-5 form is intended to document all sub-contractors contacted in an effort to build the personnel list or additional personnel prepared for a contract. Question 17b: Section 17-Forms. Items 1.0, 2.0, and 3.0 instruct to place the forms in
Section 18 of the completed RFP, since the RFP only has 17 sections, should we place signed forms in Section 17? Response to Question 17b: Yes
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