PWS_Commercial_Clauses.pdf

PERFORMANCE WORK STATEMENT (PWS)

APPRAISAL CONSULTING SERVICES FOR MINERAL TEST CASE

FORT WORTH, TEXAS

March 2015

1. GENERAL: This is a non-personal services contract to provide appraisal consulting services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2. POINTS OF CONTACT:

Contracting Officer (CO) Elizabeth Crawford (7PQA) elizabeth.crawford@gsa.gov

Phone: (817) 978-7122 Cell: (817) 876-8335

Program Support Branch 819 TAYLOR ST Room:

12B01 Fort Worth, TX 76102-6124

Contracting Officer’s Representative (COR) Linda Clemens (7PZ) Regional Review Appraiser linda.clemens@gsa.gov

Phone: (817) 978-4242 Fax: (817) 978-2063 Cell: (214) 683-2561

Real Property Utilization & Disposal Division

819 TAYLOR ST RM: 11A30

Fort Worth, TX 76102-6124

3. OVERVIEW AND INFORMATION:

3.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform consulting and appraisal services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

Objectives:

Values Sought

1) An estimate of “Fair Market Value” (FMV), for the mineral estate of the 262 acre subject property as-if the property sold (45 days after award), including an analysis of the subject’s potential oil and gas reserves;

2) An estimate of “Fair Market Value”, for the mineral estate of a 75 acre portion of the 262 acre subject property as-if the property sold (45 days after award), which includes an analysis of the subject’s oil and gas reserves;

3) An estimate of “Use Value” (UV) for the 75 acre mineral estate tract as-if sold to the surface owner (45 days after award);

4) An estimate of Use Value of the subject 262 acre mineral estate as-if the property sold to the owners of abutting tracts (45 days after award);

5) An estimate of “Fair Market Value” as-if the 262 acre subject were held for mineral lease considering cash bonus, annual rentals, probability of future lease, etc. as of (45 days after award).

mailto:linda.clemens@gsa.gov

. 6) Consulting services regarding potential purchasers, upstream petroleum, bonuses, production of wells in proximity to the subject, area mining activities, and typical mineral lease terms; and

7) Identification of a potential location for a pad site on the excess/surplus land of the 75 acre site along with a discussion of its feasibility and potential added value.

Additional Objectives

▪ Identification and discussion of potential purchasers for the subject property (e.g. oil and gas operators, lease brokers)

▪ Summary and analysis of the upstream (exploration and production) petroleum industry for the subject area. This includes but is not limited to historical lease prices and bonuses for Barnett Shale and any other significant production zones, ownership/location of pipelines, etc.

▪ Production of oil and gas wells in proximity to the subject

▪ Analysis of area mining activities and an opinion as to the likelihood of sand, gravel, coal or other “minerals” being located beneath the subject.

▪ Feasibility and value of vacant land being converted to a pad site.

4. SCOPE:

4.1 Scope: Considering the various scenarios for FMV or UV (fair market value or use value), services include all appropriate investigations and studies necessary for sound conclusions based on the Highest and Best Use.

4.2 The report, in form and substance, must: 1) conform to the Uniform Standards of Professional

Appraisal Practice (USPAP); 2) present adequate factual support and sufficient detail to permit a comprehensive review of the report; 3) relate conclusions to facts and, at a minimum, include the items set forth in “Approaches to Value” and “Report Format” 4) be complete to the extent that the appraiser collects, verifies and analyzes all information necessary for credible assignment results; and 5) be reported in a comprehensive narrative report format. The report must include explanations of how factors such as discount rates, premiums, capitalization rates or income multiples are determined and used. Moreover, the rational and supporting data for any premiums or discount must be clearly stated.

4.2.1 Approaches to Value - All applicable approaches to value must be developed and presented in the report. The methodology and procedures followed must contain sufficient detail to allow the intended user an understanding of how the appraiser reached the value conclusion. The valuation method(s) selected and the reason for the selection and application must be discussed in detail. Lastly, in reconciling the final value conclusion, tests of reasonableness should be applied to the concluded final value.

4.2.2 Date of Valuation - The date of valuation is to be within 45 days of the date of delivery of the appraisal report.

4.2.3 The responsible Contractor must have a valid General State Certification for real estate appraisal in Texas. The Contractor’s performance will be measured by the completeness, accuracy, adequacy, relevance and reasonableness of the report.

4.3 Hours of Operation: Government personnel will assist with providing access to the subject property and will be available during the hours of 9:00 am to 6 pm, local time, Monday thru Friday.

4.4 Place of Performance: Work to be performed under this contract concerns the mineral estate of 262 acres located at 501 Felix Street, Fort Worth, Tarrant County, Texas, GSA # TX 1080.

4.5 Period of Performance: The work shall be completed no later than 160 days after purchase order award. A draft appraisal report is due 45 days after award. The final report is due 5 days after receipt of the Government comments of the draft appraisal report. The government reserves a period of 30 working days to provide additional comment on the final submittal.

4.6 Type of Contract: The government will award a Fixed Price Purchase Order.

4.7 Contractor Key Personnel and Special Qualifications: The Contractor shall provide a Contract Manager and Lead Appraiser who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The following personnel are considered key personnel by the Government:

4.8 Special Qualification: At a minimum, the Lead Appraiser shall:

a) Have a valid General State Certification for real estate appraisal in Texas.

b) Provide professional designations held.

c) List the years of experience working on similar projects.

4.9 Government Holidays: It is at the Contractor’s discretion if he/she chooses to work on the following government holidays; however government holidays are not deducted from the number of days in the performance period.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

Memorial Day Thanksgiving Day Independence Day Christmas Day

4.10 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work meets the requirements of the contract. The Quality Control Plan is to be delivered to the Contracting Officer’s Representative no later than five (5) working days after contract award. After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to the QC system.

4.11 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Contractor must submit a plan detailing the quality control mechanisms to assure the quality of work performed and must include a description of follow-up procedures to ensure that deficiencies are corrected, and the time frames involved in correcting these deficiencies.

4.12 Site Visit: The Government will make available to the Contractor the subject for inspection.

All site visits shall be coordinated with the COR listed in Section 2 above.

4.13 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

4.14 Post Award Conferences/Periodic Program Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

4.15 Contracting Officer Representative (COR): The (COR) will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the purchase order.

4.16 Contractor Travel:: N/A

4.17 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. The appraisal report value estimates and appraisal analyses are confidential and may not be disclosed to anyone other than GSA’s Review Appraiser unless instructed otherwise. Additionally, the subject property may not be appraised for another party without prior written permission from GSA.

4.18 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

4.19 Government Furnished Items and Services:

General: The Government will provide a drawing of the subject property after award.

4.20 Contractor Furnished Items and Responsibilities:

General: The Contractor shall furnish all personnel, equipment, supplies, transportation, tools, materials, and supervision, and other items and non-personal services necessary to perform valuation consultation services required to perform work under this contract that are not listed under Section 3 of this PWS.

5. REPORTS AND DELIVERABLES:

5.1 Draft Report: A draft report is to be provided no later than 45 days from the date of the contract (Notice to Proceed). This report shall be provided in an electronic PDF format version and submitted via e-mail to the review appraiser. The draft report must be reviewed prior to submittal, as it will be assessed for content, accuracy, completeness, credibility, clarity, and format. Any necessary changes or revisions will be made prior to delivery of the final report.

5.2 Final Report: The contract appraiser/consultant shall deliver four hard copies of the final report, as well as an electronic version, no later than five (5) days after receipt of the Government’s comments on the draft appraisal reports are received.

5.3 Report Format: The appraisal report must comply with applicable portions of the Uniform

Standards of Professional Appraisal Practice. The appraisal scope of work and analysis should be complete to the extent that the appraiser collects, verifies and analyzes all information necessary for credible assignment results. The findings and conclusions of the Draft Report should be reported in a comprehensive narrative format with extensive detail and description. All data, analyses and relevant physical and economic information must be included in the report (not referenced in the appraiser’s file.) Deviations from these specifications may result in non-acceptance of the report. The GSA Regional Review Appraiser will review the appraisal report prior to acceptance.

6. EVALUATION AND AWARD:

6.1 Evaluation Factors:

6.1.1 Factor 1: Appraisal/Firm Experience and Qualifications

Description:

Contractor shall provide personnel experienced in the appraisal of mineral interests.

The contractor may be an individual or a team of individuals. If more than one person is to work on the assignment, the relationships between the personnel must be defined. Contractor appraisal team must demonstrate, through specific examples, a minimum of seven (7) years of experience in appraisal of mineral interests. Five years of experience must have been performed since 2010. The Contractor must be licensed as a certified General Real Estate Appraiser in Texas with at least seven (7) years of experience appraising mineral interests.

Submittal Requirement:

• Key personnel resumes including education, license and lists of relevant projects completed. If more than one person in the contractor’s firm is to work on the assignment or the use of a subcontractor is proposed then the experience and education of the firm in aggregate may be evaluated to determine if the combined experience meets the minimum requirements.

• Projects must be submitted in the format of Attachment 6, Relevant Experience.

• The contractor must provide two relevant “sanitized” examples of mineral valuation projects in PDF format, excluding addenda and supporting exhibits. The projects should be selected to illustrate the firm’s experience with the type of work described within this Performance Work Statement. Projects must have been completed within the last 10 years from the date of this request for proposal.

This requirement is met when:

• Contractor demonstrates seven (7) years of specialized experience in mineral appraisal.

• Submission of key personnel resumes, including education and licenses.

• Submission of two (2) relevant “sanitized” examples performed since 2010 and signed by the appraiser with seven (7) years of minerals valuation experience.

• Submission of Attachment 6, Relevant Experience.

6.1.2 Factor 2: Technical Approach

This factor considers the contractor’s resourcefulness, insight and skill in addressing the appraisal problem.

Submittal Requirements:

• Contractor is required to submit a narrative of their technical approach to accomplish the assignment presented herein. The outline must include a discussion of methodology, techniques and resources to be used for the assignment.

This requirement is met when:

• Receipt of technical approach that includes methodology, techniques, analyses, and resources that will be used to complete the assignment.

6.1.3 Factor 3: Management/Quality Control:

This factor considers the ability of the Contractor to consistently provide good quality, reliable reports in compliance with applicable industry guidelines and standards.

It is critical that the key personnel and their relationships be clearly identified and defined, as per Management/Quality Control Plan, per paragraph 4.10. Of particular importance to this contract is the contractor’s ability to deliver a reliable appraisal report written in compliance with Uniform Standards of Professional Appraisal Practice (USPAP), and completed within the established time frame.

• The contractor shall describe the procedures, personnel, and resources proposed to meet this requirement.

• Contractors shall provide proof of exclusive subcontracting relationships (if applicable), and a chart displaying the Contractor’s organizational structure (showing all key personnel/exclusive subcontractors and their relationships/roles). The quote should clearly identify the individual(s) that are ultimately responsible for the internal review and approval of the final report prior to submission.

• Proposed project schedule demonstrating how the assignment will be completed within the established time frame.

• Receipt of the Contractor’s Management/Quality Control Plan to accomplish the work, whereby the contractor describes the internal procedures, personnel and resources proposed to meet this factor. Specifically, the number of personnel available to work on assignments and resources (databases, software, networks, publications etc.) should be included. Adequate resources can vary depending on the number of appraisers/consultants combined with level of experience, education and project management. The name and qualifications of the specific individual(s) ultimately responsible for the internal review and approval of the report prior to submission to GSA must be submitted.

• Receipt of organizational structure, if applicable.

• Receipt of proposed project schedule.

6.1.4 Factor 4: Past Performance

This factor considers the contractor’s ability to perform the work.

• The contractor must provide (at least 2, no more than 5) past performance questionnaires. (See Attachment 8 Past Performance Reference Questionnaire). Questionnaires must be completed and emailed directly to the Contracting Specialist at terri.marshall@gsa.gov. Those projects submitted for experience under Factor 1 can also be considered for past performance. Contractors are responsible for ensuring their references submit the responses to GSA by the due date. The Government reserves the right to consult other sources not provided by the contractor to determine if past performance is “acceptable” or higher, such as Contractor Performance Assessment Reporting System (CPARS), etc.

• Receipt of (at least 2, no more than 5) Past Performance Reference Questionnaires by the due date.

7. BASIS OF AWARD:

The Government plans to award one contract resulting from this solicitation to a responsible Contractor whose quote conforms to the solicitation and provides the best value to the Government based on the technical evaluation factors. Technical factors, when combined, are significantly more important than price.

The Evaluation Factors for this procurement are listed in order of importance; Experience, Technical Approach, Qualifications, Quality Assurance and Control. Each evaluation factor, though requesting different information, is meant to help establish the Contractor’s overall capability of providing the types of services outlined in this Request for Quote.

Price will be evaluated for reasonableness. Note: As proposals become more equal in technical merit, price will become more important.

Quote Submission Instructions

Please submit the quote in the following format:

1) Technical Package:

• Response to Evaluation Factors (Section 6 of the PWS)

• Quality Control Plan (Section 4.10 of the PWS)

2) Pricing: The quote should also include a breakdown of costs calculated for each labor category and associated level of effort and subcontractor fees as necessary. If presenting Other Direct Costs (ODCs) in the quote, please itemize and separate labor from ODCs.

8. PROCEDURES FOR INVOICING AND PAYMENT:

The following information or documentation must be submitted with the invoice:

• Name of the firm as it is stated on the purchase order and in the System for Award

Management (SAM)

• Accounting Document Number (ADN) / ACT

• GSA contract number

• Purchase order number

• Dun and Bradstreet (DUNS) Number

• Taxpayer Identification Number (TIN)

• Line item number(s) per the purchase order being invoiced

• Price to be billed

Submit an original copy of the invoice to the following address:

GSA Financial Services Division (BCF) P.O. Box 17181 Fort Worth, TX 76102-0181

Or, you may submit an electronic invoice through the following website:

http://www.finance.gsa.gov.

Please submit a copy of the invoice to the COR listed in Section 2 and Terri Marshall, Contract Specialist at terri.marshall@gsa.gov.

9. APPLICABLE PUBLICATONS and DEFINITIONS (CURRENT EDITIONS):

9.1. Uniform Standards of Professional Appraisal Practice (USPAP), http://www.uspap.org/

10. Definitions

a) Fair Market Value – An opinion expressed in terms of money, at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts, as of a specific date.1

b) Highest and Best Use - The reasonable, probable and legal use of the subject assets, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The Highest and Best Use must meet the following four criteria: legally permissible, physically possible, financially feasible, and maximally productive.

c) Use Value- In real estate appraisal, the value a specific property has for a specific use; may be the highest and best use of the property or some other use specified as a condition of the appraisal. 2

d) Other Terms - All other terms, words, and processes shall have the meaning and be interpreted in accordance with the definitions of the same as contained in the most recent edition of the Dictionary of Real Estate Appraisal, prepared and distributed by the Appraisal Institute.

11. ATTACHMENT AND TECHNICAL EXHIBIT LIST:

1 As promulgated by the American Society of Appraisers, http://www.appraisers.org/Disciplines/Machinery- Technical-Specialties/mts-appraiser-resources/DefinitionsOfValue.

2 The Dictionary of Real Estate Appraisal, 5th ed. Chicago, Illinois: Appraisal Institute, 2010

11.1 Attachment 1 – Performance Requirements Summary

11.2 Attachment 2 – Deliverables Schedule

11.3 Attachment 3 – Subject Information

11.4 Attachment 4 – Reservations/Covenants

11.5 Attachment 5 – Legal Descriptions

11.6 Attachment 6 – Relevant Experience

11.7 Attachment 7 – Past Performance Reference Questionnaire

ATTACHMENT 1

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS #1

Contractor shall closely coordinate work with COR

Contractor shall coordinate the work with the COR to avoid redundancies & disruptions

[No more than one (1) instance of failure

COR Inspection

PRS #2

Contractor shall promptly report to the CO in writing any discrepancies found in the requirements

Contractor shall report to the CO any discrepancies found in the requirements

No more than one (1) instance of failure

COR Inspection

PRS # 3

Contractor shall coordinate and complete required services

Contractor shall coordinate will all appropriate parties and diligently complete required services within the negotiated timeframe.

(No more than one (1) instance of failure

COR Inspection

PRS #4

Contractor shall provide a Draft Report

Contractor shall provide a report in accordance to the quality content, accuracy, completeness, credibility, clarity, and format

90% Accuracy Rate COR Inspection

PRS #5

Contractor shall provide a Final Report

Contractor shall provide a report in accordance to the quality content, accuracy, completeness, credibility, clarity, and format

98% Accuracy Rate COR Inspection

ATTACHMENT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Verbal Progress Report 15 days after contract award] N/A [Teleconference/

Email or in person

COR

Draft Report 45 days after contract award 1 [Electronic/MS Word COR

Final Appraisal Report

No later than 5 days after receipt of Government’s comments.]

4 hard copies and

1 PDF copy

Electronic/MS Word COR

ATTACHMENT 3

SUBJECT INFORMATION

11. Background

Property to be Appraised The property to be appraised consists of the mineral estates of two abutting tracts of land totaling approximately 262 acres. For the purposes of the report, they are known as the eastern and western tracts. The subject has been in government ownership for more than 50 years. In July 2011, GSA conveyed the surface estate of the eastern 75 acres to the City of Fort Worth but reserved the mineral estate. According to the deed, GSA has the right to develop and produce oil, gas, hydrocarbons and other minerals. The federal government owns both the surface and mineral estates of the western 187acres and the United States of America owns 100% of the mineral estates for both tracts.

The property address is approximately at 501 West Felix Street. During World War II it was the Fort Worth Quartermaster Depot, the western tract is presently improved with 18 historic World War II era structures. Valuing the surface and improvements is not part of this assignment; however, over 100 acres of the western tract are vacant. The feasibility and added value of some of the vacant land being used for a site pad should be explored and commented on in the report.

A legal description for the 187 acre tract is not available; however, a copy of the deed containing a metes and bounds description and a description of road easement access for the eastern track are located in the addenda of this Performance Work Statement. The eastern tract is situated in the J. Thornhill Survey, Abstract No. 1519, City of Fort Worth. It is also described as a portion of Lots 6 through 14, of Marquette Place, an addition to the City of Fort Worth. The mineral estate is undeveloped and has not been leased since in government ownership. It has no producing oil/gas wells.

Intended Use and Users of the Appraisal Report The appraisal report will assist the General Services Administration in their negotiations and decision making processes.

Property Rights to be Appraised - all right, title and interest in and to all oil, gas, and hydrocarbons and other minerals that may be produced in and under the subject property;

including but not limited to the following attributes in connection with its right to take, develop and produce such oil, gas, hydrocarbons, and minerals: (1) the right of ingress and egress to the Property, (2) the right to lease, (3) the right to receive bonus payments, (4) the right to receive delay rentals, and (5) the right to receive royalty payments.

ADDENDA

ATTACHMENT 4

RESERVATIONS/COVENANTS

This conveyance covering the Property is expressly made subject to the following reservations in favor of

Grantor, and its assigns…

SAVE AND EXCEPT, and there is hereby excepted and reserved unto the UNITED STATES OF

AMERICA, and its assigns, all right, title and interest in and to all oil, gas, hydrocarbons, and other minerals that may be produced in and under the Property; including, but not limited to the following attributes in connection with its right to take, develop and produce such oil, gas, hydrocarbons, and minerals: (1) the right of ingress and egress to the Property, (2) the right to lease, (3) the right to receive bonus payments, (4) the right to receive delay rentals, and (5) the right to receive royalty payments…

ATTACHMENT 5

LEGAL DESCRIPTION

Description for a 74.664 acre tract of land situated in the J. Thornhill Survey, Abstract No. 1519, City of Fort Worth, Tarrant County, Texas, said 74.664 acre tract of land being a portion of Lots 6 through 14, Block 22 of Marquette Place, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388, Page 3 of the Plat Records of Tarrant County, Texas, said Lots 6 through 14 of Marquette Place being condemned in the name of the United States of America by Civil Judgment No. 380 and recorded in Volume 1539, Page 34 of the Deed Records of Tarrant County, Texas, said 74.664 acre tract also including that portion of May Street south of Felix Street and east of and adjacent to Block 22 of said Marquette Place, said 74.664 acre tract of land also including that portion of a 12' Alley south of and adjacent to Lots 6 through 14, Block 22 of said Marquette Place, said 74.664 acre tract of land also being a portion of a tract of land deeded to the United States of America as recorded in Volume 1516, Page 167 of the Deed Records of Tarrant County, Texas, said

74.664 acre tract of land also being a part of the remaining portion of Hemphill Street (Old U.S. Highway No. 81) condemned in the name of the United States of America by Civil Judgment No. 1395 as recorded in the records of the District Court of the United States for the Northern District of Texas, Fort Worth Division and filed for record November 14, 1949, said 74.664 acre tract of land being all of a tract of land deeded to the United States of America as recorded in Volume 2362, Page 25 of the Deed Records of Tarrant County, Texas, said 74.664 acre tract of land also being a portion of St. Louis Street and Felix Street east of Block 20 of Marquette Place as shown on plat recorded in Volume 388, Page 3 of the Plat Records of Tarrant County, Texas, said 74.664 acre tract of land being more particularly described by metes and bounds as follows:

BEGINNING at a 4 inch steel post found for the southwest corner of said tract of land deeded to the United States of

America as recorded in Volume 2362, Page 25 of the Plat Records of Tarrant County, Texas, said 4 inch steel post being the intersection of the existing east right-of-way line of Hemphill Street (a variable width right-of-way) with the existing north right-of-way line of Thelin Street (a 60.0' right-of-way), from which a brass capped monument stamped "United States of America Property Corner" set in concrete bears North 45 degrees 00 minutes 00 seconds East, a distance of 3.00 feet;

THENCE North 00 degrees 14 minutes 32 seconds East, with the existing east right-of-way line of said

Hemphill Street and with the west line of said tract of land deeded to the United States of America as recorded in Volume 2362, Page 25 of the Deed Records of Tarrant County, Texas, a distance of 107.75 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

THENCE North 01 degrees 19 minutes 59 seconds West, with the existing east right-of-way line of said

Hemphill Street, a distance of 400.15 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

Hemphill Street, a distance of 160.00 feet to a point for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 90 degrees 00 minutes 00 seconds East, a distance of 2.00 feet;

THENCE North 05 degrees 03 minutes 35 seconds East, with the existing east right-of-way line of said

Hemphill Street, a distance of 839.46 feet to a point for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 00 degrees 14 minutes 31 seconds East, a distance of 1.00 feet;

Hemphill Street, a distance of 3.50 feet to brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

THENCE South 89 degrees 45 minutes 28 seconds East, a distance of 103.24 feet to an "X" cut in concrete set for corner;

THENCE North 00 degrees 13 minutes 01 seconds East, a distance of 794.32 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

THENCE North 15 degrees 59 minutes 26 seconds East, a distance of 249.25 feet to a brass capped

THENCE North 00 degrees 09 minutes 25 seconds East, a distance of 292.29 feet to a brass capped

THENCE North 03 degrees 26 minutes 36 seconds East, a distance of 196.55 feet to a brass capped

THENCE North 22 degrees 36 minutes 15 seconds East, a distance of 76.85 feet to an "X" cut in concrete for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete bears South 22 degrees 36 minutes 15 seconds West, a distance of 10.00 feet;

THENCE South 89 degrees 59 minutes 44 seconds East, a distance of 54.18 feet to an "X" cut in concrete for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete bears South 00 degrees 29 minutes 12 seconds West, a distance of 10.00 feet;

THENCE North 00 degrees 29 minutes 13 seconds East, a distance of 69.86 feet to an “X” cut in concrete set for corner;

THENCE South 89 degrees 30 minutes 47 seconds East, a distance of 476.12 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 29.67 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner in the existing south right-of-way line of Felix Street (a variable width right-of-way);

THENCE South 80 degrees 45 minutes 47 seconds East, with the existing south right-of-way line of said

Felix Street, a distance of 351.97 feet to a 4 inch steel post found for corner from which a brass capped monument stamped "United States of America, Property Corner" set in concrete bears S 45 degrees 00 minutes 00 seconds East, a distance of 2.00 feet;

THENCE North 44 degrees 00 minutes 13 seconds East, with the existing southerly right-of-way line of said Felix Street, a distance of 147.51 feet to a brass capped monument stamped "United States of America, Property Corner" set in concrete for corner;

THENCE North 00 degrees 29 minutes 13 seconds East, with the existing easterly right-of-way line of said Felix Street, a distance of 151.43 feet to a point for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 90 degrees 00 minutes 00 seconds East, a distance of 2.00 feet, said point being in St. Louis Avenue right-of-way as shown on plat of Marquette Place, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388, Page 3 of the Plat Records of Tarrant County Texas;

THENCE South 89 degrees 53 minutes 41 seconds East, a distance of 88.12 feet to a point for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 90 degrees 00 minutes 00 seconds West, a distance of 5.00 feet, said point being the northeast corner of said tract of land deeded to the United States of America as recorded in Volume 1516, Page 167 of the Deed Records of Tarrant County, Texas, said point being in the west right-of-way line of the Union Pacific Railroad Right-of-Way, said point also being in a non-tangent curve to the right having a radius of 5,679.60 feet, a central angle of 05 degrees 05 minutes 19 seconds and whose chord bears South 03 degrees 11 minutes 36 seconds East, a distance of 504.28 feet;

THENCE with the east line of said United States of America tract of land recorded in Volume 1516, Page

167 of the Deed Records of Tarrant County, Texas, with the west right-of-way line of said Union Pacific Railroad right-of-way and with said non-tangent curve to the right, an arc length of 504.42 feet to a point for corner, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 90 degrees 00 minutes 00 seconds West, a distance of 1.00 feet;

THENCE South 00 degrees 41 minutes 04 seconds East, with the east line of said United States of

America tract of land recorded in Volume 1516, Page 167 of the Deed Records of Tarrant County, Texas and with the west right-of-way line of said Union Pacific Railroad right-of-way, a distance of 2,059.79 feet to a 4" steel post found for the northeast corner of Lot 1, Block 1, The Depot, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-194, Page 100 of the Plat Records of Tarrant County, Texas, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 45 degrees 00 minute 00 seconds West, a distance of 3.00 feet;

THENCE North 89 degrees 47 minutes 27 seconds West, with a north line of said Lot 1, Block 1 of The Depot, a distance of 921.66 feet to a point for an exterior ell corner in the north line of said Lot 1, Block 1 of The Depot, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 90 degrees 00 minutes 00 seconds West, a distance of 1.00 feet;

THENCE South 00 degrees 12 minutes 33 seconds West, with the most easterly west line of said Lot 1, Block 1 The Depot, a distance of 690.13 feet to a point for an interior ell corner in the north line of said Lot 1, Block 1 of The Depot, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete for reference bears North 45 degrees 00 minutes 00 seconds West, a distance of 3.00 feet;

THENCE North 89 degrees 37 minutes 29 seconds West, with a north line of said Lot 1, Block 1 of The

Depot, a distance of 370.89 feet to a point for the most westerly northwest corner of said Lot 1, Block 1 of The Depot, from which a brass capped monument stamped "United States of America, Property Corner" set in concrete reference bears North 00 degrees 00 minutes 00 seconds West, a distance of 2.00 feet;

THENCE South 00 degrees 22 minutes 31 seconds West, with the most westerly line of said Lot 1, Block

1 of The Depot, a distance of 150.00 feet to an "X" cut in concrete set for the southwest corner of said Lot 1, Block 1 of The Depot, said monument being in the north right-of-way line of Thelin Street (an existing 60.0' right-of-way)

THENCE North 89 degrees 37 minutes 29 seconds West, with the north right-of-way line of said Thelin

Street, a distance of 109.76 feet to the POINT OF BEGINNING and containing 3,229,336 square feet or 74.664 acres of land, more or less.

ACCESS ROAD EASEMENT

Premises: A portion of the northern boundary of the property locally known as the Fort Worth Depot, located at 501 West Felix Street, Fort Worth, Texas 76115 (“Premises”), further described as follows:

Description for a 0.380 acre tract of land situated in the J. Thornhill Survey, Abstract No. 1519, City of Fort Worth, Tarrant County, Texas, said 0.380 acre tract of land being a portion of Lot 7, Lot 8, Lot 9, Lot 10, Lot 11, Lot 12, Lot 13 and Lot 14, Block 22 Marquette Place, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388, Page 3 of the Plat Records of Tarrant County, Texas, said 0.380 acre tract of land being a portion of May Street, said 0.380 acre tract of land also being a portion of a tract of land deeded to the United States of America as recorded in Volume 1516, Page 167 of the Deed Records of Tarrant County, Texas, said Lot 7, Lot 8, Lot 9, Lot 10, Lot 11, Lot 12, Lot 13 and Lot 14 and said portion of May Street being condemned in the name of the United States of America as recorded in Volume 1539, Page 34 of said Deed Records of Tarrant County, Texas, said 0.380 acre tract of land being more particularly described by metes and bounds as follows:

COMMENCING at a brass capped monument stamped “United States of America, Property Corner” found in concrete for the intersection of the existing south right-of-way line of Felix Street (a variable width right-of-way) with the existing east right-of-way line of Hemphill Street (a variable width right-of-way), said brass capped monument being the northwest corner of said United States of America tract of land recorded in Volume 1516, Page 167 of said Deed Records of Tarrant County, Texas; THENCE South 89 degrees 30 minutes 47 seconds East with the existing south right-of-way line of said Felix Street, with the north line of said United States of America Tract of land recorded in Volume 1516, Page 167 of said Deed Records of Tarrant County, Texas and with the north line of said Block 22, a distance of 314.66 feet to the POINT OF BEGINNING of the herein described 0.380 acre tract of land, from which a brass capped monument stamped “United States of America Property Corner” found in concrete bears South 00 degrees 29 minutes 12 seconds East, a distance of 3.00 feet;

THENCE South 89 degrees 30 minute 47 seconds East, with the existing south right-of-way line of said Felix

Street, with the north line of said Block 22 and with the north line of said United States of America tract of land recorded in Volume 1516, Page 167 of the Deed Records of Tarrant County, Texas, a distance of 441.24 feet to a point for corner from which a brass capped monument stamped “United States of America Property Corner” bears South 00 degrees 00 minutes 00 seconds East, a distance of 2.00 feet;

THENCE South 80 degrees 45 minutes 47 seconds East, with the existing south right-of-way line of said Felix

Street and with a northerly line of said United States of America tract of land recorded in Volume 1516, Page 167 of said Deed Records of Tarrant County, Texas, a distance of 35.03 feet to a brass capped monument stamped “United States of America, Property Corner” found in concrete;

THENCE South 00 degrees 00 minutes 00 seconds East, a distance of 29.67 feet to a brass capped monument stamped "United States of America, Property Corner" found in concrete for corner;

THENCE North 89 degrees 30 minutes 47 seconds West, a distance of 476.12 feet to a 5/8 inch iron rod with cap stamped “Gorrondona” found for corner;

THENCE North 00 degrees 29 minutes 13 seconds East, a distance of 35.00 feet to the POINT OF

BEGINNING and containing 16,567 square feet or 0.380 of an acre of land, more or less.

Note: Bearings are referenced to true north.

Access Road Easement Terms and Conditions: The following terms and conditions apply to the Access Road

Easement:

1. This Access Road Easement is perpetual, and runs with the land.

2. Grantee, by acceptance of this Access Road Easement covenants for itself and its successors and contractors to restore and repair any and all United States-owned property affected by the Grantee’s improvements. The Grantee shall be responsible for any damage that may be caused to the property of the United States by the activities of the Grantee pursuant to this Access Road Easement and shall exercise due diligence in the protection of all property located on the Premises against damage from any and all causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to the General Services Administration (GSA), or at the election of GSA, reimbursement made for this by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to GSA.

3. Grantee, by acceptance of this Access Road Easement, covenants for itself and its successors and contractors to indemnify and hold harmless the United States of America from and against all claims, demands, and suits arising out of or incidental to the use of the Premises by Grantee, its successors, assigns, agents and contractors, except when causes by the sole negligence of willful misconduct of Grantor, its agents or employees.

4. Within the limits of their respective legal powers, the parties hereto shall protect the Premises against a release of hazardous substances. The Grantee shall promptly comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency (EPA), or any federal, state, interstate or local governmental agency having jurisdiction. The storage or disposal of any toxic or hazardous materials within the Premises is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the EPA, or any federal, state, interstate, or local governmental agency are hereby made a condition of this Easement. The Grantee shall not discharge waste or effluent from or on the Premises. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Grantee’s activities, the Grantee shall be liable to restore the damaged resources.

IN CASE OF AN EMERGENCY, NOTIFY GRANTOR AT THE FOLLOWING TELEPHONE NUMBERS:

Federal Protective Service Megacenter: 1-877-437-7411 Onsite GSA Property Manager: 817-334-5521

5. Grantee shall comply with all applicable federal, state, county and municipal laws, ordinances and regulations where the Premises is located.

6. Grantee acknowledges that it has inspected the Premises, knows the condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States.

7. Grantee shall not move or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered on the Premises, the Grantee shall immediately notify the Grantor, and the site and the material shall be protected by the Grantee from further disturbance until a professional examination of them can be made or until clearance to proceed is authorized by the Grantor.

tel:1-877-437-7411 tel:817-334-5521

8. Grantee’s right to use the Premises is nonexclusive and Grantor reserves the right to use all or part of the Premises in conjunction with Grantee as long as such use by the Grantor does not interfere with the use of the Premises by Grantee.

9. Any notice required or permitted under this Access Road Easement must be in writing. Any notice required by this

Easement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Easement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

ATTACHMENT 6

RELEVANT EXPERIENCE

Attachment included at www.fbo.gov

ATTACHMENT 7

PAST PERFORMANCE REFERENCE QUESTIONNAIRE

Valuation Consulting Appraisal Services, Fort Worth, Texas

TO BE COMPLETED BY REFERENCE

NOTE: Please complete the following questionnaire on behalf of the contractor proposing to complete the work under this solicitation. The following information is requested based on your prior experience with the individual/firm named below. Please complete the questionnaire and return the form to the GSA Contracting Specialist (terri.marshall@gsa.gov) to maintain confidentially of your responses.

Please include “Fort Worth Appraisal Services Reference for ‘Name of Offeror’” as the subject title of the email.