MASSACHUSETTS DEPARTMENT of TRANSPORTATION (Massdot)

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)

Office of Real Estate and Asset Development (OREAD)

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: Real Estate Services

COMMBUYS Bid#: BD-17-1030-0P100-0P091-13855

Agency Document Number: 99927

Release Date: 03/10/17

Document Sensitivity Level:High during development; Low once published. Template v 8.1

1RFR Introduction and General Description

1.1Procurement Scope and Description

1.2Background

1.2.1Current OREAD Contracts

1.2.2Current Right of Way Contracts

1.3Applicable Procurement Law

1.4Number of awards

1.5Adding and Contractors After Initial Contract Award

1.6Eligible Entities

1.7Acquisition Method(s)

1.8Contract Duration

1.9Estimated Value of the Contract

2Estimated Procurement Calendar

2.1Amendment Deadline

3Specifications & SCOPE OF SERVICES

3.1Appraisal/Valuation Services - OREAD

3.2Appraisal/Valuation Services – Right of Way

3.2.1Scope of Services for Right of Way Fee Real Estate Appraiser

3.2.2Scope of Services for Review Appraisers

3.2.3Review Appraiser has the responsibility to determine the following

3.2.4Additionally Requirements

3.3Brokerage

3.4Expert Cost Estimators/Movers - OREAD

3.5Expert Cost Estimators/Movers – Right of Way

3.5.1MassDOT-HD-ROW Expert Cost Estimators and Movers

3.5.2Scope of Services

3.6Land Use Planning Services

3.7Property Management - OREAD

3.8Property Management – Right of Way

3.9Real Estate Disposition and Acquisition Services - OREAD

3.10Real Estate Disposition and Acquisition Services – Right of Way

3.10.1Qualifications for on-call Right of Way Services

3.10.2Scope of Services for Managing Right of Way Acquisitions

3.10.3Public Involvement

3.10.4Acquisition Services

3.10.5Title Examiner Services

3.10.6Appraisal / Review Appraisal Services

3.10.7Retention of Records

3.10.7.1

3.10.7.2

3.10.7.3

3.10.7.4

3.10.8Other Services

3.10.8.1

3.10.9Revisions

3.11Title Examination Companies - OREAD

3.12Title Examination Companies – Right of Way

3.12.1Scope of Services

3.12.2Compensation Structure

3.12.3Additional Requirements

3.13Other

3.14Best and Final Offer

3.15Contract Management

3.16Performance of Work

3.17Subcontracting

3.18Confidentiality and Privacy

3.19Tax Compliance

3.20Conflict of Interest/Collusion Certification

3.21Other Certifications

4Audit

5Evaluation criteria

6HOW TO SUBMIT A BID RESPONSE

7Instructions for Execution and Submission of Forms

7.1To Be Submitted with Bid

7.2Bid Response Form

7.2.1RFR Submission Checklist / First Page of Vendor Response Form

7.2.2Page 2 - 3 of Bid Response Form

7.2.3Scan(s) of Insurance

7.2.4Scanned Copies of 3 References and reference information and/or requirements

7.2.5Consultant Form

7.2.6Prompt Payment Discount Form

7.2.7Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment

7.2.8Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan

7.3Bid Spreadsheet

7.4Forms to be submitted only Upon Award

7.4.1MassDOT Standard Contract Form

7.4.2MassDOT Terms and Conditions

7.4.3Request for Taxpayer Identification Number and Certification (W9 Form)

7.4.4Service Provider Authorized Signatory Listing

7.4.5Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

7.4.6Electronic Funds Transfer Form

8Appendix 1 – Required Terms

8.1.1Alterations

8.1.2Ownership of Submitted Quotes

8.1.3Prohibitions

8.2Terms and Requirements Pertaining to Awarded Contracts

8.2.1Commonwealth Tax Exemption

8.2.2Service Provider’s Contact Information

8.2.3Publicity

9Appendix 2 - RFR - Required Specifications

Table of Contents Page 1

Document Sensitivity Level:High during development; Low once published.

1RFR Introduction and General Description

1.1Procurement Scope and Description

The Massachusetts Department of Transportation (MassDOT) Office of Real Estate and Asset Development (OREAD) and Right of Way Bureauand the Massachusetts Bay Transportation Authority (MBTA) are seeking vendors to provide the following real estate services:

• Appraisal/Valuation Services
• Brokerage Services
• Expert Cost Estimators and Movers
• Land Use Planning Services
• Lease Administration
• Property Management
• Real Estate Disposition and Acquisition Services
• Title Examination
• Other

This RFP does not commit MassDOT to select any respondent, or award any work order. MassDOT will not be responsible to pay for any costs incurred in preparing a response, or procure or contract for any services or supplies. MassDOT reserves the right, in its sole discretion, to accept or reject any or all submittals received, negotiate with any or all qualified respondents, and request modifications to proposals in accordance with such negotiations; request supplemental or clarifying information from respondents; or cancel, amend or modify the RFP in part or in its entirety.

This RFP and any subsequent agreement do not require MassDOT to use the services of any vendor. MassDOT in its sole discretion, has the right to make none, some, or unlimited requests for the Services and does not guarantee in any way the amount of services that will be requested of the vendor.

1.2Background

OREAD is an internal unit MassDOTthat addresses the portfolio management of all MassDOT property interests. OREAD is committed to maximizing the value of its real property portfolio through the disposition of surplus property and property rights which will not compromise the safety and operation of the transportation system. Value can be realized by generating revenue, reducing operating costs, and providing capital improvements to the transportation system. Value can also be realized by providing enhanced services to the traveling public.

OREAD is staffed with a small group of professionals that manages real estate transactions professional consultants as needed. The MassDOT real estate portfolio includes thousands of distinct real estate assets including the transportation rights-of-way and associated property, bridges, tunnels, structures, office buildings, and industrial properties needed for the operation and maintenance of the transportation system, as well as facilities offering convenience and amenity to the traveling public such as commercialized services areas, non-commercialized rest areas, parking facilities, and vacant land and development parcels which are surplus to the transportation needs of MassDOT.

1.2.1Current OREAD Contracts

This contract will replace OREAD’s current contract 201107RES. 201107RES will be terminated upon the award of this contract.

1.2.2Current Right of Way Contracts

Do not bid on this RFR if you are currently a vendor on the Right of Way’s TITLE EXAMINERS - 201502ROWSTE contract. Prior to that contract expiring, bid on this contract.

1.3Applicable Procurement Law

This Bid is issued underMGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

1.4Number of awards

It is anticipated that MassDOT will awardmultiple vendors.

1.5Adding and Contractors After Initial Contract Award

If, over the life of the Contract, MassDOT determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of MassDOT, vendors may be added to the contract at any time during the life of the contract who did not bid initially. If additional vendors are added, the contract end date shall remain the same for all vendors.

1.6Eligible Entities

Any contract resulting from this Bid will be open for use by MassDOTand MBTA.

1.7Acquisition Method(s)

Fee for Service.

1.8Contract Duration

Contract Duration / Number of Options / Number of Years / Instructions
Initial Duration / N/A / Up to 3 / The contract will be executed for this initial duration and will begin on the contract start date.
Renewal Options / 2 / Up to 2 / Twooptions to renew for two yearseach.
Total Maximum Contract Duration / N/A / Up to 7 / Initial number of years for the initial term plus all renewalperiods

The length of the contract, specificallythe contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.

1.9Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $2,000,000 per year. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels. The estimated value for this Bid was based on spending on previous, similar contracts.

2Estimated Procurement Calendar

EVENT / DATE
Bid Release Date / 03/10/17
Deadline for Submission of Questionsto / 03/24/17 3:00pm
Official Answers for Bid Q&A published (Estimated). Bid Amendment Deadline / Bid submission begins. Bid documents will not be amended after this date. / 03/31/17 3:00pm
Deadline for emailing Bid Response Form and Bid Spreadsheet to / 04/14/173:00pm
Notification of Apparent Successful Bidder(s) (Estimated) / 04/21/17
Estimated Contract Start Date / 05/01/17

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1Amendment Deadline

MassDOT reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. MassDOT and MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a Bid based on an out-of-date posted information or on information received from a source other than COMMBUYS.

3Specifications & SCOPE OF SERVICES

Additional specifications can be found in Bid Response Form.

The Service Provider(s) will provide MassDOT with professional consulting services in the performance of various aspects of MassDOT's work involving the acquisition, management, and disposal of real property interests, involving complex real estate transactions, such as air rights developments, transit-oriented developments, acquisition and disposition of properties and rights, auctions, ground leases, commercial office and retail leases, and licenses and sales of surplus property, as well as strategic portfolio planning, land use planning, and property information management services.

These services must be performed in compliance with all applicable state, local and federal laws and regulations, including but not limited to:

• Massachusetts General Law 6C
• United States 23 CFR Part 710
• MassDOT Right of Way Manual

The Service Provider(s) will be an independent contractor and not an employee of MassDOT. The Service Provider has no right or authority to commit or otherwise obligate MassDOT in any manner whatsoever, except to the extent specifically provided in this Contract. The Service Provider has no right or interest in MassDOT’s real estate, nor any claim or lien with respect thereto, arising out of this Contract or the performance of its obligations hereunder. In all respects, the Service Providers must act as MassDOT’s fiduciary with respect to the performance of its obligations under this Contract.

3.1Appraisal/Valuation Services - OREAD

Perform appraisals and other evaluations concerning real property by appraisers professionally licensed by the Commonwealth of Massachusetts Board of Real Estate Appraisers. Firms and/or individuals are expected to perform said work in accordance with standard professional appraising practices and the Uniform Standards of Professional Appraisal Practices (USPAP) using a full range of valuation methods for both highest and best use as well as for specific uses. Deliverables range from limited "opinions of value" to comprehensive analysis of the current and future economic viability of the region and municipality as it relates to current and future land values.

3.2Appraisal/Valuation Services – Right of Way

Perform appraisals and appraisal consulting services concerning real property by appraisers professionally licensed by the Commonwealth of Massachusetts Board of Registration. Firms and/orindividuals are expected to perform said work in accordance with standard professional appraising practices and the Uniform Standards of Professional Appraisal Practice (USPAP) using a full range of valuation methods for both highest and best use as well as for specific uses. Deliverables range from Appraisal Reports, and Appraisal Consulting Services,including comprehensiveanalysis of the current and future economic viability of the region and municipality as it relates to current and future land values.

3.2.1Scope of Services for Right of Way Fee Real Estate Appraiser

The appraiser’s scope of work will include determination of the fair market value of certain parcels of Real property for Right of Way Acquisition in connection with MassDOT–HD-ROW projects throughout the Commonwealth. The appraiser must provide services in accordance with MassDOT- HD- ROW’s Request for Proposal and MassDOT- HD-ROW’s Letter of Assignment. Submit one copy electronically to on the date that the assignment is due. All fee takings require a submission of an economical rental in regard to any structure, business or residence, which could be effected by the fee taking. It is mandatory for the appraiser to contact the owner whose property is being appraised. Documentation will be required as evidence that good faith effort was made to personally contact the owner i.e. return receipt of the letter. All appraisals must be full narratives with a minimum of three comparable sales, except as otherwise specified by MassDOT-HD-ROW’s Letter of Agreement.

The approved appraiser that has been awarded the assignmentmust be the person doing the majority of the work,and must sign all reports submitted to the Bureau. Other qualified appraisers may assist on the assignments. However, contract appraisers must personally perform market analysis including but not limited to meeting with the property owner; inspecting the property; searching the market to ensure that the information used is the most appropriate; doing the analysis, etc. All work will be completed in accordance with MassDOT-HD-ROW standards as well as the Uniform Standards of Professional Appraisal Practice and the requirements of the Federal Highway Administration. Appraisers must hold a current M.A. Certified General Appraiser License. Obtaining a contract with MassDOT-HD-ROW does not imply that the Fee Real Estate Appraiser will automatically receive any assignments. MassDOT-HD-ROW reserves the right to utilize Fee Real Estate Appraisers as warranted.

Submission of assignments must comply with the submission date stated in the “Letter of Assignment”. Delays in submitting assignments automatically shall be justification to assess liquidated damages in the amount of 2.5% of the value of the assignment per day. This damage assessment will be strictly enforced.

3.2.2Scope of Services for Review Appraisers

The Review Appraiser must provide services in accordance with the MassDOT-HD-ROW Request for Proposal and MassDOT- HD-ROW s Letter of Assignment. The Review Appraiser’s scope of work will include determining the fair market value of real property, or the damages to real property, taken for or affected by the construction of a highway improvement. This amount will govern negotiations and settlements of Land damage cases. The Review Appraisers should have appraisal experience and demonstrated their ability to analyze an appraisal problem, to determine property values and evaluate the effect of partial takings, easements and construction on such property values. All Review appraisers must hold a current M.A. Certified General Appraiser License, and in most instances have court experience. The Review Appraiser holds a position of grave responsibility and public trust. Therefore, he/she must be a person of judgment, tact, and integrity. Articles of the MassDOT-HD-ROW document entitled: “Terms, Conditions and Requirements for Expert Real Estate Appraisal Service Contracts 2015 Edition, which is a binding part of the contract. When the appraiser signs the standard contract, the appraiser “agrees personally to perform the services contracted for” The approved appraiser that has been awarded the assignmentmust be the person doing the work, and sign all reports submitted to the Bureau.

Submission of assignments must comply with the submission date stated in the “Letter of Assignment”. Delays in submitting assignments automatically shall be justification to assess liquidated damages in the amount of 2.5% of the value of the assignment per day. This damage assessment will be strictly enforced.

3.2.3Review Appraiser has the responsibility to determine the following

• Whether or not the appraisals reflect the fair market value of the property and a reasonable estimate of just compensation.

• If the appraisal reports are prepared in accordance with acceptable standards and guidelines.

• That the appraisals have been made in accordance with accepted appraisal techniques and that each applicable approach has been utilized.

• That the appraiser has correlated the appropriate approaches and arrived at a reasonable estimate of value.

• That the appraiser has not included in his/her estimate of fair market value and of just compensation any allowance for items of personal property or other factors that is non-compensating under the law of the Commonwealth.

• Whether or not the appraisal reports contain sufficient documentation to substantiate the opinions and conclusions in the report.

• The Review Appraiser will completely analyze the appraisal report, and utilizing the Review Appraiser’s Check List, will ensure that the appraisal includes all the revised information and documentation necessary to comply with Federal & State law, The Uniform Standards of Professional Appraisal Practice, andthe MassDOT- HD-ROW’s requirements.

The Review Appraiser will appear before the Real Estate Appraisal Review Board to explain the results of each review and answer any questions they may have concerning the appraisal in review where damage estimates are in excess of $300,000.00.

The Review Appraiser may appear as the MassDOT-HD-ROW expert witness during Eminent Domain jury trials regarding property appraisals that he/she reviewed.

The Review Appraiser cannot review work that they and/or their firm appraised.

When the MassDOT-HD-ROW Review Appraiser reviews the appraisal, if he/she has any questions, we require that the Review Appraiser only communicate with the contract appraiser, and not others that assisted with the appraisal preparation.

Obtaining a contract with MassDOT HD-ROW does not imply that the Review Appraiser will automatically receive assignments. MassDOT-HD-ROW reserves the right to utilize Review Appraisers as warranted.

3.2.4Additionally Requirements

The Right of Way division reserves the right to request additional information after award but prior to utilizing contract.

For real estate appraisers and review appraisers, who are not currently on the MassDOT HD-ROW ‘s Approved List of Fee Appraisers and are interested in being considered by the MassDOT-HD-ROW for inclusion on its Approved List the requirements are as follows: (1) Minimum of five (5) years’ experience, either self-employed or with a private real estate agency, bank, insurance company, public utility or any agency concerned with the appraisal or acquisition of real estate; (2) Be certified in accordance with title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C. 3331 et seq.); (3) Evidence of ability to qualify as an Expert Real Estate Appraiser in the Massachusetts Superior Court; (4) Presently devoting at least 50 % of your normal work time to the real estate appraisal field; (5) Satisfy the Department as to their character, integrity, and ability to serve the best interests of the Commonwealth; (6) Submit a completed MassDOT Experience Questionnaire for Fee Real Estate Appraisers; (7) Submit an up to date resume or qualification statement.