Final_RFP_605_2300000281_1_SO_FORM.PDF

Document ID: RFP 605 2300000281 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Right of Way Appraisal and Review Svcs - District 8 and 11

Date Issued:

02/22/2023 Record Date:

02/17/2023

Solicitation Closes Date:

03/03/2023 Time:

16:00

Solicitation No:

RFP 605 2300000281

Online Bidding Prohibited: No For Information Call:

Laura Hagan 502-782-3980

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFP 605 2300000281 Page: 2

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Right of Way Appraisal and Review Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

96866 Right of Way Services (Including Title, Appraisal, Negotiati

Extended Description Statewide Right of Way Appraisal Services for non-project specific assignments.

Shipping Information

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Document ID: RFP 605 2300000281 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item Pass/Fail Pre-Qualified Appraisers will receive a Pass.

Revised January 2023

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION --Section 8.20 of this RFP (not required if submitting electronically)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY CLOSING DATE --

Section(s) 8.00 and 8.20 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING DATE --

Section(s) 8.00 and 8.30 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY --

Section 9.00 of the Personal Service Contract Terms and Conditions of this RFP

_____ REQUIRED AFFIDAVIT(S) – Section 8.10 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Kentucky Transportation Cabinet

Right of Way Appraisal and Review Services – Districts 8 and 11

RFP 605 2300000281

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Transportation Cabinet.

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

Document Description Page 4

2300000281 Right of Way Appraisal and Review Svcs - District 8 and 11 https://www.merriam-webster.com/dictionary/seal

1.00 Purpose and Background

The Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, Division of Right of Way intends to contract with pre-qualified Appraisers to provide appraisal and appraisal review services associated with legal cases throughout the state. Regular appraisal and review services are performed under the regional contracts awarded by the Division of Professional Services.

This RFP is specifically looking for an appraiser to work in Highway Districts 8 and 11, which include the following counties: Adair, Bell, Casey, Clay, Clinton, Cumberland, Harlan, Jackson, Knox, Laurel, Leslie, Lincoln, McCreary, Pulaski, Rockcastle, Russell, Wayne, and Whitley.

2.00 Scope of Work

2.01 – Contract Provisions – Legal Appraisal Services

The contract holder will provide legal real estate appraisals and appraisal related services.

These reports must meet all criteria under state and federal eminent domain laws and regulations policy and procedure of the Division of Right of Way and Utilities.

1. Contractor agrees to furnish the Cabinet with a separate appraisal for each parcel assigned as designated on the project report, plan sheets or right of way summary provided to the Contractor.

2. Contractor agrees to complete the appraisals contracted for in acceptable form and adequately documented as outlined in this solicitation within the time limit specified.

3. Contractor agrees to assume full responsibility for the entire contents of appraisals and will prepare reports on Appraisal Form TC62- 20 or in accordance with instructions furnished by the Cabinet. Appraisals are to be prepared under current KYTC policies and procedures.

4. All appraisals are to be prepared in conformance with the current version of the Division of Right of Way and Utilities Appraisal Guidelines. The current version of the Guidelines can be found on the Division's website at https://transportation.ky.gov/Organizational-Resources/Policy%20Manuals %20Library/Appraisal%20Guidelines.pdf

5. In the event the Contractor's appraisals fail to meet the specifications of the Cabinet, the Cabinet will return said appraisals to Contractor for correction. Any reports returned will be accompanied by a transmittal letter stating the number of calendar days allowed for making said corrections.

6. Should the Contractor accept an assignment to appraise one or more properties on a project under this contract, then the Contractor agrees not to accept an appraisal assignment from any property owner on the highway section of the project on which he has been engaged by the Cabinet.

7. The Contractor agrees to furnish the Cabinet a separate appraisal for each parcel assigned, which shall be signed by the Contractor.

8. The Contractor agrees to furnish, as part of his appraisal, to the Cabinet adequate photographs of subject parcels and comparables, each photograph to be properly identified as outlined in the Division of Right of Way and Utilities Appraisal Guidelines. In addition to the photographs required on appraisal reports, the Contractor agrees to furnish a CD or other digital media that includes all subject photographs; said photographs to be identified in the manner outlined above.

9. The Contractor agrees to write appraisals in accordance with Kentucky laws on eminent domain and to comply with all federal, state and local laws and ordinances applicable to the work involved. The Contractor will be guided by opinions furnished by the Cabinet's legal staff, directions of the Cabinet's review appraiser staff and the Cabinet's policies and procedures. Should it become necessary to return appraisals or arrange meetings to discuss appraisals due to inadequate documentation, factual or mathematical errors, etc., the time and work are to be performed without additional cost to the Cabinet. If any review prepared under the terms of this contract is cited by the Federal Highway Administration, the Contractor agrees to furnish, as a part of the appraisal, any information needed for answering said citation.

Document Description Page 5

10. In consideration of legal appraisal services rendered hereunder by the Contractor, the Cabinet agrees to pay the Contractor the negotiated amount per parcel as specified in the letter(s) of authorization. Said amount shall include all items herein noted.

11. In the event of changes in the scope, character or complexity of the work covered hereunder by reason of deletion or combination of parcels, changes in physical conditions and/or plan changes, fees for the parcels concerned, upon request, may be renegotiated on the basis of the estimated change in time required. Fees for deleted parcels will be paid on the basis of the percentage of work completed as determined by the Cabinet.

12. The Contractor agrees to testify on behalf of the Transportation Cabinet as an appraisal witness in condemnation actions involving property appraised hereunder and to attend necessary pretrial conferences in preparation for cases assigned. Upon submission of a statement by the Contractor setting out the dates and hours worked (and approved by the trial attorney), the Cabinet agrees to pay the Contractor at the rate of Five Hundred Sixty Dollars ($560.00) per day or a proportionate amount thereof for each fractional part of a day actually engaged in such work, which includes a reasonable time for going to and from the Contractors office. Eight hours shall constitute a day hereunder.

13. This agreement is made for the purpose of obtaining appraisals, which will establish values preparatory to court testimony. Neither the amount of the appraisals nor any of their contents are to be disclosed to anyone by the Contractor, unless and until written approval is given by the Cabinet. The Cabinet does reserve the right to refuse the use of the appraisals prepared by the Contractor as a portion of its evidence in a court of the Commonwealth if the Cabinet should so choose.

14. It is understood that this agreement will be for the personal services of the Contractor and they shall have no authority to transfer, assign or delegate any of the obligations assumed hereunder without the prior written approval of the Cabinet.

15. The Contractor warrants that he has not employed or retained any company or person (other than a bona fide employee working solely for the Contractor) to solicit or secure this invitation to negotiate, and that he has not paid or agreed to pay any company or person (other than a bona fide employee working solely for the Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from any award subsequent to this invitation to negotiate or any future contract.

16. The Contractor agrees that if selected to perform the services described herein, he cannot and will not obligate the Commonwealth of Kentucky or its Transportation Cabinet, or subject them to any liability, cost or expense whatsoever except as hereinabove set out.

17. The Contractor agrees to submit all work and invoices relative to this assignment to the Appraisal Branch Manager in Central Office.

18. The due dates for this appraisal assignment will be outlined in the Authorization to Proceed notice.

At the discretion of the Director of Right of Way, a penalty may be assessed in the amount of $50.00 per day for any appraisals that are not submitted within the required timeframe. This would only be in the event the delay was caused by the contractor and not KYTC.

2.02 – Contract Provisions – Review Services

Only Appraisers who are pre-qualified as review appraisers may complete review assignments under this contract.

Complete appraisal reviews for the purpose of acquisition by the Kentucky Transportation Cabinet in conjunction with the Cabinet's projects

These reports must meet all criteria under state and federal eminent domain laws and regulations and the policies and procedures of the Division of Right of Way and Utilities.

1. The Contractor agrees to furnish the Cabinet with a separate appraisal review for each parcel assigned as designated on the project report, plan sheets or right of way summary provided to the Contractor.

Document Description Page 6

2. The Contractor agrees to complete the reviews contracted for in acceptable form and adequately documented as outlined in this Contract within the time limit specified.

3. The Contractor agrees to assume full responsibility for the entire contents of appraisal reviews and will prepare reports on in accordance with the instructions furnished by the Cabinet. Appraisals or reviews are to be prepared under current KYTC policies and procedures.

4. All reviews are to be prepared in conformance with the current version of the Division of Right of Way and Utilities Appraisal Guidelines. The current version of the Guidelines can be found on the Division's website at https://transportation.ky.gov/Organizational-Resources/Policy%20Manuals %20Library/Appraisal%20Guidelines.pdf

5. In the event the Contractor's reviews fail to meet the specifications of the Cabinet, the Cabinet will return said reviews to the Contractor for correction. Any reviews returned will be accompanied by a transmittal letter stating the number of calendar days allowed for making said corrections.

6. Should the Contractor accept an assignment to review one or more properties on a project under this contract, then the Contractor agrees not to accept an appraisal assignment from any property owner on the highway section of the project on which he has been engaged by the Cabinet.

7. The Contractor agrees to furnish the Cabinet a separate review for each parcel assigned, which shall be signed by the Contractor.

8. The Contractor agrees to write reviews in accordance with Kentucky laws on eminent domain and to comply with all federal, state and local laws and ordinances applicable to the work involved. The Contractor will be guided by opinions furnished by the Cabinet's legal staff; directions of the Cabinet's review appraiser staff and the Cabinet's policies and procedures. Should it become necessary to return reviews or arrange meetings to discuss reviews due to inadequate documentation, factual or mathematical errors, etc., the time and work are to be performed without additional cost to the Cabinet. If any review prepared under the terms of this contract is cited by the Federal Highway Administration, the Contractor agrees to furnish, as a part of the review, any information needed for answering said citation.

9. In consideration of legal appraisal services rendered hereunder by the Contractor, the Cabinet agrees to pay the Contractor the negotiated amount per parcel as specified in the letter(s) of authorization. Said amount shall include all items herein noted.

10. In the event of changes in the scope, character or complexity of the work covered hereunder by reason of deletion or combination of parcels, changes in physical conditions and/or plan changes, fees for the parcels concerned, upon request, may be renegotiated on the basis of the estimated change in time required. Fees for deleted parcels will be paid on the basis of the percentage of work completed as determined by the Cabinet.

11. This agreement is made for the purpose of obtaining appraisal reviews, which will establish values preparatory to court testimony. Neither the amount of the appraisals nor any of their contents are to be disclosed to anyone by the Contractor, unless and until written approval is given by the Cabinet. The Cabinet does reserve the right to refuse the use of the appraisal reviews prepared by the Contractor as a portion of its evidence in a court of the Commonwealth if the Cabinet should so choose.

12. It is understood that this agreement will be for the personal services of the Contractor and they shall have no authority to transfer, assign or delegate any of the obligations assumed hereunder without the prior written approval of the Cabinet.

13. The Contractor warrants that he has not employed or retained any company or person (other than a bona fide employee working solely for the Contractor) to solicit or secure this Request for Proposal, and that he has not paid or agreed to pay any company or person (other than a bona fide employee working solely for the Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from any award subsequent to this Request for Proposal or any future contract.

Document Description Page 7

14. The Contractor agrees that if selected to perform the services described herein, he cannot and will not obligate the Commonwealth of Kentucky or its Transportation Cabinet, or subject them to any liability, cost or expense whatsoever except as hereinabove set out.

15. The Contractor agrees to submit all work and invoices relative to this assignment to the Appraisal Branch Manager in Central Office.

16. The due dates for the appraisal reviews will be 30 days from the date of receipt of the appraisal reports in acceptable form. At the discretion of the Director of Right of Way, a penalty may be assessed in the amount of $50.00 per day for any appraisal reviews that are not submitted within the required timeframe.

This would only be in the event the delay was caused by the contractor and not KYTC.

2.03 - Contractor Responsibilities

The contractor agrees to the following:

1. All work performed under this agreement shall be the responsibility of the individual or individuals listed below who are pre-qualified by KYTC to perform said work:

(Vendor) In the event that someone other than the person or persons listed above performs any work assigned under this agreement, the individual or individuals listed above shall sign off on the work as having reviewed and approved said work, and by their signature to accept full responsibility for the assigned work. If more than one individual is listed above as being pre-qualified to conduct and/or take responsibility for work conducted under this agreement, KYTC reserves the right to specify which individual will be responsible for the work at the time an assignment is given.

2. It is understood that this agreement will be for the personal services of the contractor and that he/she shall have no authority to transfer, assign or delegate any of the obligations assumed hereunder without the prior written approval of the KYTC.

3. The contractor agrees to testify on behalf of KYTC in condemnation actions involving real property and is to prepare or update reports as necessary and attend pretrial conferences in preparation for cases assigned.

4. All appraisal reports received for purposes of court testimony must meet the appraisal requirements of the Commonwealth of Kentucky. (See Appraisals for Court Testimony – AG-511). The current version of the Guidelines can be found on the Division's website at https://transportation.ky.gov/Organizational- Resources/Policy%20Manuals%20Library/Appraisal%20Guidelines.pdf

5. All reports will be prepared in accordance with state and federal law and policy. The preparation format will be guided by KYTC staff.

6. Any work contracted for will be completed in acceptable form and adequately documented as outlined in the current version of the Division of Right of Way and Utilities Appraisal Guidelines. The current version of the Guidelines can be found on the Division’s website at https://transportation.ky.gov/Organizational- Resources/Policy%20Manuals%20Library/Appraisal%20Guidelines.pdf

7. Should the contractor accept an assignment to appraise, review or testify for KYTC on one or more properties on a project, the contractor agrees not to accept a request to appraise, review or testify for a property owner on that project, or on any condemnation related appraisal assignments relative to a property on that section of the project on which he/she has been employed by KYTC as both of these scenarios would be a conflict of interest.

8. In an assignment for obtaining legal appraisals or appraisal reviews, neither the amount of the appraisals or any of their contents are to be disclosed to anyone by the contractor, unless and until written approval is given by KYTC. KYTC reserves the right to refuse the use of the appraisals prepared by the contractor as a portion of its evidence in a court of the Commonwealth it KYTC should so choose.

Document Description Page 8

9. The contractor shall not accept an assignment to appraise or review an appraisal of any property in which he/she has a past, present or contemplated interest, or any property where there is a relationship either by blood or marriage between the contractor and any of the owners, or any property of such nature that the contractor is unable to give a fair and unbiased opinion of value for any reason (personal or professional).

The contractor further certified by his/her signature that he/she is not and will not be in violation of any conflict of interest statute or any other applicable statutes or common law principles by performance of this agreement, nor will he/she realize any unlawful benefit or gain (directly or indirectly) there from.

3.00 Evaluation Criteria

The Transportation Cabinet shall conduct a comprehensive, fair, and impartial evaluation of all proposals.

The Transportation Cabinet may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Transportation Cabinet reserves the right to reject all proposals.

The Transportation Cabinet has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor.

The Transportation Cabinet shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

Vendors must submit a statement indicating they are on the KYTC Pre-qualified Appraiser List. Vendors not on the pre-qualified list will be rejected as non-responsive.

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET MANDATORY

REQUIREMENTS WILL BE DEEMED NON-

RESPONSIVE AND WILL NOT BE CONSIDERED.

Pass/Fail

Maximum Points Possible Not Applicable

Cost Proposal Evaluation

Not applicable as a cost proposal is not required. The Government Contract Review Committee of the Legislative Research Commission has set a rate for Real Estate Appraisals. Per Policy 99-2, real restate appraisers shall not be paid more than $560.00 per day.

Proposed Cost N/A

Maximum Points Possible N/A

Oral Demonstration/Presentation Evaluation, if required

Document Description Page 9

Oral Presentations/Demonstrations

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals.

Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call, if it is in the best interest of the Commonwealth to do so.

This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 3 highest ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/demonstrations

Total Proposal Evaluation

Technical Proposal PASS/FAIL Cost Proposal Not Applicable Oral Demonstrations/Presentations, if required 100

MAXIMUM POINTS POSSIBLE 100

4.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP 2/22/23 Proposals Due by: 4:00pm 3/3/23

*NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE.

5.00 Offeror’s Conference – Not Applicable

6.00 Point of Contact

The Agency Contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail or electronic mail), concerning this procurement shall be addressed to:

Laura Hagan KYTC Division of Purchases

200 Mero Street, 4th Floor East

Document Description Page 10

Frankfort, KY 40622 502-782-3980 Laura.Hagan@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced, Offerors shall not communicate with any other Commonwealth staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement page.

8.00 Proposal Submission

Proposals shall be received by electronic submission in the eProcurement system.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond %20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online proposal after the published date and time for closing.

A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

8.10 Format of Response

Electronic Proposals

Document Description Page 11

2300000281 Right of Way Appraisal and Review Svcs - District 8 and 11 mailto:Laura.Hagan@ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService mailto:Finance.CRCGroup@ky.gov

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

1. Proposals must be submitted electronically in the eProcurement System:See Attachment ? How to Respond to an Online Bid through the Kentucky Vendor Self Service site.

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP number - Technical – Name of offeror

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP number - Cost – Name of offeror

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP number - Proprietary – Name of offeror

All proposals must be received no later than March 3, 2023 4:00pm.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING INFORMATION

IN THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on Offeror’s letterhead, and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

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f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number and email address and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

h. Subcontractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

a. “Vendor” box and “Payment” box should be completed.

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Resident Bidder Status need not submit this affidavit.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.30 Format of Cost Proposal

No cost proposal required.

The Government Contract Review Committee of the Legislative Research Commission has set a rate for Real Estate Appraisals. Per Policy 99-2, real estate appraisers shall not be paid more than $560.00 per day.

8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

For the purposes of this certification, “Principals”, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.

9.00 Rules of Procurement

Document Description Page 13

2300000281 Right of Way Appraisal and Review Svcs - District 8 and 11 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

Offerors should review and comply with the General Conditions and Instructions for Solicitation/Contract listed under “Response to Solicitation” located on the eProcurement web page at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

The Transportation Cabinet will evaluate the proposal based on the technical portion of the Evaluation Criteria. Each Offeror is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Offeror. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

9.20 Cost Proposal Evaluation

Not applicable.

9.30 Right to Reject/Waiver of Minor Irregularities

The Commonwealth reserves the right at its discretion to reject any and all offers. The Commonwealth also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

9.40 Clarification of Proposals

The Commonwealth reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The Commonwealth reserves the right to conduct discussions with any Offeror who has submitted a proposal to determine the Offeror’s qualifications for further consideration. Such discussions shall not disclose any information derived from proposals submitted by other Offerors.

9.50 Best and Final Offers

The Commonwealth reserves the right at its discretion to request a Best and Final Offer (BAFO) for technical and/or cost proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any Offeror will be allowed an opportunity to submit a Best and Final technical and/or cost offer.

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Kentucky Transportation Cabinet shall not disclose any portions of the proposals prior to contract award to anyone outside the Kentucky Transportation Cabinet representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, if required, and the members of the evaluation committee. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the RP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

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The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Kentucky Transportation Cabinet reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for Qualified Bidder or the Department of Corrections, Division of Prison Industries

(200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Negotiation

After conducting the evaluation to determine the best proposal received, the Kentucky Transportation Cabinet reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the Offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the Kentucky Transportation Cabinet reserves the right to proceed to the next highest ranked proposal.

Other terms and conditions relating to the technical and/or cost proposals may be negotiated at the sole discretion of the Commonwealth.

9.85 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria. However, the Commonwealth reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the Commonwealth.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

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To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at:

Offerors can search for the solicitation title or number in the keyword search field or filter their search for only awarded solicitations by clicking on “Advanced Search” and changing the status to “awarded.” The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Offeror’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided to unsuccessful Offerors.

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee.

The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation.

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

10.30 Contract Term and Renewal Options

The initial term of the Contract is anticipated to be from March 15, 2023 through June 30, 2024.

This agreement is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the Contract and until the Contract has been filed with the Legislative Research Commission, Government Contract Review Committee.

The Commonwealth reserves the right to renew this contract for up to two (2) additional two (2) year periods.

Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705.

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth, and incorporated as a written amendment by the Kentucky Transportation Cabinet prior to the effective date of such modification or change. Modification shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the Contract.

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2300000281 Right of Way Appraisal and Review Svcs - District 8

10.50 Notices

Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the Contract shall be in writing. After the award of the Contract, all communications of a contractual or legal nature are to be made to the Agency Contact.

Section 11. KYTC STANDARD TERMS AND CONDITIONS

11.00-General Provisions

11.01-Headings The section headings in this Contract are for reference and convenience only and shall not have any effect on the construction or legal effect of this Contract.

11.02-Assignment This Contract shall be binding upon and ensure to the benefit of the respective legal successors of the Parties. However, neither this Contract nor any rights or obligations hereunder may be assigned, in whole or in part, without the prior written consent of KYTC, Division of Purchases.

11.03 -No Required Use of Contract This Contract does not guarantee any minimum use of services. The Cabinet reserves the right to leave all, or any portion, of the contract unused and/or to establish other contracts for additional and/or related services.

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the Contractor shall fully cooperate with such other contractors and Commonwealth employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

11.04 -Severability It is understood and agreed by the Parties that if any part, term, or provision of this Contract is held by the courts to be illegal or in conflict with any law of the Commonwealth of Kentucky or of the United States of America, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid, if the remainder of the Contract is capable of performance.

11.05-Indemnification The Contractor shall indemnify and hold harmless KYTC and its agents, representatives, officers, directors, employees, insurers, successors, and assigns from and against any and all expenses, costs (including attorneys’ fees), causes of action, liability, loss and/or damages suffered or incurred by it or any of them, that results from or arises out of (a) this Contract; (b) any and all acts of the Contractor and or its Subcontractor(s);

(c) the policies and procedures of the Contractor, specifically including all Contractor employment practices employed by the Contractor during the term of this or any prior Agreement with KYTC; (d) any dishonest, fraudulent, criminal, or negligent or unauthorized acts or errors or omissions which are committed by the Contractor or any of the Contractor's employees or agents or Subcontractors; (e) the publication translation, reproduction, delivery, performance, use or disposition of any data produced by KYTC in an unauthorized manner, provided that such action was not taken by the Contractor or as a result of the express written request of KYTC; or (f) the Contractor's failure to comply with any applicable state or federal laws or regulations.

Provided, however, in the event the Contractor is an agency of the Commonwealth of Kentucky, the state agency’s liability shall be governed instead by KRS 49.010 through KRS 49.180 and limited to any award from the Kentucky Claims Commission up to the jurisdictional amount.

11.06-Sovereign Immunity The Parties expressly agree that no provision of this Contract constitutes a waiver by KYTC or the Commonwealth of Kentucky of any immunities from suit or from liability that KYTC or the Commonwealth of Kentucky may have by operation of law.

11.07-Force Majeure Neither Party shall be liable for public utility performance (e.g., Postal Service, Telephone, or Water Company) or for the consequence of public utility non-performance.