COVER SHEET INVITATION TO QUALIFY (ITQ) APPRAISAL SERVICES Redevelopment Authority of the City of Philadelphia The Redevelopment Authority (RDA) is issuing this ITQ to prequalify appraisers interested in providing categories of appraisal services of property transactions. Question and Answer Period: Direct all questions to Val Pasquarella via email (valentino.pasquarella@rda.phila.gov) regarding this ITQ, responses to questions will be emailed and posted on the website. Enrollment & Contract Period: In order to qualify, applications must be complete and correct and contain all necessary information including Client Reference Surveys. Submission deadline for this ITQ is rolling, but responses received by 5:00 PM, June 3, 2010 will be processed and reviewed during the month of June. It is in the best interest of all appraisers to submit the required information by the June 3, 2010 submission date in order to qualify for the contract period. Enrollment for the contract period will remain open and ITQ responses will be accepted at the address below through October 30, 2013 (or through October 30, 2018 if the RDA chooses to renew this contract for an additional five (5) years) and processed annually. Response Mailing Address: Attn: Val Pasquarella Appraisal Division (ITQ) Redevelopment Authority 1234 Market Street, 16th floor Philadelphia, PA 19107-3701 RDA Appraisal Division Contact: Val Pasquarella, Appraisal Division Telephone: (215) 209-8773 E-mail: valentino.pasquarella@rda.phila.gov WHEN MAILING YOUR RESPONSE, PLEASE ALLOW SUFFICIENT TIME FOR DELIVERY. TABLE OF CONTENTS THIS INVITATION TO QUALIFY CONTAINS THE FOLLOWING: Cover Sheet Table of Contents ITQ Appraiser Application Signature Form EXHIBIT “A” ITQ Terms and Conditions EXHIBIT “B” Lobbying Certification Form Disclosure of Lobbying Activities Form & Instructions for Completion Insurance Requirements EXHIBIT “C” Qualification Information Qualification Application Client Reference Survey Form EXHIBIT “D” Contractor Update Form EXHIBIT “E” Confirmation of Service Form EXHIBIT “F” Standard RDA Agreement for Appraisal Services EXHIBIT “G” RDA Appraisal Procedure & Guideline Manual EXHIBIT “H” Questions and Answers 2 Redevelopment Authority of the City of Philadelphia Invitation to Qualify: Appraiser Application Signature Form (Complete in INK or TYPE only--DO NOT use pencil) READ ALL Directions/Instructions in Exhibit "A" (attached) Before Completing this Page, APPRAISER MUST COMPLETE ALLAPPLICABLE AREAS Company Name and Address For Redevelopment Use Only Appraiser’s Contact Person Telephone Number ( ) Fax Number ( ) Federal Identification or Social Security No. Are you a Disadvantaged Business Enterprise certified by the City of Philadelphia? _____ yes Required e-mail Address: _____ no Are you an MBE/WBE certified with the State of Pennsylvania? _____ yes _____ no (It is mandatory for appraiser to have an active e-mail address and the capability to conduct e-business. An appraiser will not be qualified for any category of work if the appraiser fails to meet this requirement.) Appraiser acknowledges any and all handwritten information by initialing & dating here.(The Appraiser’s authorized signatory must initial & date where indicated at right) Initial ___________ Date ___________ This contract consists of the following provision and exhibits, and Fee Appraisers shall comply with all provision as listed below: 1) The RDA Appraisal Procedure & Guideline Manual; and 2) The Lobbying Certification Form, Disclosure of Lobbying Activities Form (if applicable), and Insurance Requirements; and, 3) Qualification, Licensure, and if applicable, MBE/WBE/DBE information. 1. APPRAISER’S SIGNATURE, DATE, TITLE Signature: Date: Title: Redevelopment Authority Use Only Signature: Date: 3 EXHIBIT “A” ITQ TERMS AND CONDITIONS 4 Invitation to Qualify for Appraisal Service Contracts TERMS AND CONDITIONS The RDA invites you to respond to an Invitation to Qualify (ITQ) to supply appraisal services. 1. GENERAL (a) Scope. The purpose of this ITQ and resulting contracts with multiple vendors is to qualify appraisers that can provide the RDA with appraisal services for the following purposes: (1) The acquisition of property; (2) The sale of property no longer needed; and, (3) The lease of property. (b) Prequalification. The contracts awarded will be structured under the multiple-award contract approach and a prequalified list of appraisers will be developed from which the RDA will solicit appraisal services. Appraisers must be on this prequalified list in order to perform appraisal services as described in this ITQ. Each responsible appraiser who meets all mandatory requirements and the qualification criteria of this ITQ will be qualified, unless the RDA rejects all applications. (c) Who shall be qualified? If the Appraiser employs one or more qualified appraisers, each appraiser under the Appraiser’s employ shall be individually qualified. (d) Work not guaranteed. There is no guarantee that the RDA will use the Appraiser’s services under the multiple-award contract approach. (e) Appraisal Problem Analysis. The RDA Appraisal Division will issue an Appraisal Problem Analysis (APA) to solicit assignments under this Contract. An Appraisal Problem Analysis will: (1) Establish the scope of work and assists the Fee Appraiser in understanding the assignment; (2) Contain available factual information regarding the property, the claimants, and the effects the project will have on the property; and (3) Include specific requirements of the appraisal assignment based on the study and understanding of the appraisal problem by the author of the APA. (g) Appraisal assignment categories. Appraisers must complete all required information in the Qualification Application attached as Exhibit “C,” including the specific category or categories of assignment for which the appraisers wish to be qualified. Qualification will fall into the following three (3) categories of appraisal assignments: Category 1: Category 1 Assignments under the ITQ, at minimum residential certification, use of Appraisal Institute Form AI -100.01 All properties with an anticipated residential highest and best use For example: 5 (i) (ii) (iii) (iv) (v) Total take, residential, four (4) units or less. Total taking, vacant unimproved land, with a residential highest and best use. Partial take, residential, four (4) units or less, with no anticipated impact on the remaining property. Partial take, residential, four (4) units or less, with only minor anticipated impact on the remaining property, requiring a before and after analysis. Partial take, vacant unimproved land, with a residential highest and best use. Category 2 & 3: Category 2 Assignments under the ITQ, General certification, use of USPAP Narrative Summary Appraisal Report & Category 3 Assignments under the ITQ, General certification, use of the Machinery and Equipment Report All properties with an anticipated non-residential highest and best use plus partial take, residential, where there is significant impact anticipated on the remaining property, requiring a before and after analysis. For example: (i) Total taking non-residential. (ii) Partial taking, non-residential, where there may be a significant impact to the value of the remaining property. (iii) Unique or special purpose properties where there is little or no market data readily available. (iv) Situations where the take severely impacts the remaining property and/or where complex cost to cure estimates may be appropriate to determine the impact of the taking. (h) Qualification. (1) Qualification deadline. The RDA will not accept applications for qualification after October 30, 2013 (or after October 30, 2018 if the RDA chooses to renew this contract for an additional five (5) years). (2) Qualification update. The Appraiser, through the use of the ITQ Appraisal Services Update Form attached to this ITQ as Exhibit “D,” may request any of the following actions at any time after contract is awarded: (i) Change in address or contact information. (ii) Addition or deletion of an appraiser. (iii) Transfer of an already-qualified appraiser from one awarded company to another awarded company. (3) Notification: (i) It is the responsibility of the Appraiser to report to the RDA any changes including, but not limited to: (A) Name change; (B) Address change; (C) E-mail address change; (D) Telephone number change; (E) FAX number change; and 6 (ii) Exhibit “D” provides very clear instructions for filling out the ITQ Appraisal Services Update Form. Failure to notify the RDA of any changes may result in: (A) The RDA not being able to notify the Appraiser of RDA appraisal assignments in a timely manner, if at all; and, (B) Delayed payment of invoices submitted by the Appraiser. 2. CONTRACT PERIOD (a) General. The contract period is from the date the Contract is approved by all required RDA signatories. (b) Anticipated award date. The RDA will make every effort to award contracts beginning June 3, 2010. (1) Effective date. The RDA, in writing, will notify the Appraiser of the effective date of the Contract. (2) Subsequent contracts awarded under this ITQ. The RDA will make every effort to award contracts within three months of receipt of an ITQ application. Therefore, it is in the best interest of all appraisers to submit the required information as soon as possible so that they can be qualified to perform appraisals for the RDA. (c) Right to reject, re-advertise or cancel. The RDA, reserves the right to reject any or all responses, and to re-advertise or cancel the ITQ or any APA, purchase order (“PO”) or other purchasing document issued under the resulting contract. (d) Other means of obtaining services. The RDA reserves the right to acquire these services separately from this ITQ when it is in the best interest of the RDA to do so. 3. RENEWAL OPTION The initial contract duration may be extended by the RDA with options for renewals up to an additional five (5) years. The RDA may choose to renew this contract incrementally or in one step. Renewal(s) shall be accomplished via a letter sent to all contractors qualified under the ITQ renewing the contract at the RDA’s option signed by the RDA’s Executive Director. 4. OPTION TO EXTEND The RDA reserves the right to extend this ITQ, or any purchasing document issued under this ITQ. The RDA may exercise this option to prevent a lapse in contract coverage and only for the time necessary, up to three (3) months, to issue a new contract. 7 5. EXISTING CONTRACTS (a) General. Appraisers approved under the initial ITQ process issued in October 2008 and awarded contracts for appraisal services with the RDA shall remain effective. Exceptions to this rule are for appraisal service POs or litigation services currently in the process of being completed under an existing contract. (b) Litigation services. If services for claims in litigation are required from an Appraiser under an existing contract, but these services were not included in the existing contract, the RDA may obtain those services under this ITQ. 6. CHANGES TO THE CONTRACT (a) Changes not related to scope. The General Counsel will issue a change notice to all Appraisers with Contracts issued under this ITQ whenever there is a change to the Contracts not affecting the scope of work. Changes contemplated under this paragraph include: (1) Changes mandated by federal or state law or regulations. (2) Procedural changes. (3) All other changes not related to scope. (b) Changes related to scope. Changes that affect the scope of work of Contracts issued under this ITQ shall be effective only upon receipt of a fully executed amendment to the Contract by the Contractor and all RDA signatories who approved the contract. 7. INTEGRATION CLAUSE The Contract resulting from this ITQ, including its attachments and exhibits, constitute the entire agreement between the parties. No agent, representative, employee or officer of either the RDA nor the Fee Appraiser has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with this contract, which in any way can be deemed to modify, add to, detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of this Contract. No modifications, alterations, changes or waivers to this Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. All such amendments or modifications shall be made using the appropriate RDA form. 8. APPRAISER PERFORMANCE During the contract period, the RDA may evaluate Fee Appraisers on each work assignment. Appraisers who perform poor work, do not provide services on time or engage in other unacceptable conduct may be considered in determining whether to exclude a Fee Appraiser from award of assignments under this ITQ and may lead to termination of Fee Appraiser’s Contract. 8 9. LIQUIDATED DAMAGES Time is of the essence in the provision of services under these procedures. The Fee Appraiser, therefore, agrees to pay to the RDA as liquidated damages a sum equal to one (1) percent of the amount contracted for under the PO for each working day beyond the designated submission date during which the services have not been satisfactorily completed and submitted. For the purposes of this section, a satisfactory submission is defined as an appraisal document that is acceptable to the RDA. The RDA will deduct the total amount of liquidated damages, if any, from the amount contracted for under the PO. The RDA, upon receipt of the Fee Appraiser’s written request for extension because of factors beyond the control of the Fee Appraiser, may extend, in writing, the date of completion and submission. 10. DEFAULT (a) The RDA, in addition to its other rights under the Contract, may declare the Fee Appraiser in default by written notice thereof to the Appraiser, and terminate the whole or any part of this Contract for any of the following reasons: (1) Failure to begin work within the time specified in the Contract or as otherwise specified; (2) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of the specified work in accordance with the Contract terms; (3) Unsatisfactory performance of the work; (4) Discontinuance of work without approval; (5) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so; (6) Insolvency or bankruptcy; (7) Assignment made for the benefit of creditors; (8) Breach of any provision of this Contract. (b) In the event that the RDA terminates this Contract in whole or in part as provided in Subparagraph a. above, the RDA may procure, upon such terms and in such manner as it determines, services similar or identical to those so terminated, and the Fee Appraiser shall be liable to the RDA for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract. (c) If the Contract is terminated as provided in Subparagraph a. above, the RDA, in addition to any other rights provided in this paragraph, may require the Fee Appraiser to transfer title and deliver immediately to the RDA in the manner and to the extent directed by the RDA Appraisal Division, such partially completed work, including, where applicable, reports, working papers and other documentation, as the Fee Appraiser has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Except as provided below, payment for completed work accepted by the RDA shall be at the Contract price. Except as provided below, payment for partially completed work including, where applicable, reports and working papers, delivered to and accepted by the RDA shall be in an amount agreed upon by the Appraiser and Appraisal Division. The RDA may withhold from amounts otherwise due the Appraiser for such completed or partially completed works, such sum as the Staff Appraiser determines to be necessary to protect the RDA against loss. 9 (d) The rights and remedies of the RDA provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. (e) The RDA’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the RDA of its rights and remedies in regard to the event of default or any succeeding event of default. 11. TERMINATION PROVISIONS TERMINATION FOR CONVENIENCE: As a Contract of convenience, any Contract resulting from this invitation to qualify can be terminated for no cause. The RDA may terminate for convenience, either in whole or in part, the Contract or any PO or other purchasing document issued pursuant to the Contract if the RDA determines termination to be in its best interest. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. In addition to terminating for convenience, the RDA has the right to terminate the Contract, or any PO or other purchasing document, either in whole or in part, for the following reasons: (a) NON APPROPRIATION: The RDA’s obligations to make payments during any RDA fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When the funds (state and/or federal) are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year period, the RDA shall have the right to terminate, either in whole or in part, the Contract or any PO or other purchasing document issued pursuant to the Contract. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. The reimbursement amount may be paid from any appropriations available for that purpose. (b) TERMINATION FOR CAUSE: The RDA reserves the right to terminate for Appraiser Default under Paragraph 12, Default, either in whole or in part, the Contract, or any PO or other purchasing document issued pursuant to the Contract, upon written notice to the Fee Appraiser. The RDA shall also have the right, upon written notice to the Fee Appraiser, to terminate, either in whole or in part, the Contract, or any PO or other purchasing document issued pursuant to the Contract, for other cause as specified in the Contract or by law. If it is later determined that the RDA erred in terminating the Contract, or any PO or other purchasing document issued pursuant to the Contract, for cause, then, at the RDA’s discretion, the Contract, or PO or other purchasing document, shall be deemed to have been terminated for convenience under the Subparagraph 14a. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. 10 12. INSURANCE REQUIREMENTS: The RDA, at its option and as deemed necessary, may require the Fee Appraiser to provide a Certificate of Insurance as outlined in Exhibit “B” for specific appraisal services. 13. CERTIFIED MINORITY BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS ENTERPRISE (WBE), & DISADVANTAGED BUSINESS ENTERPRISE (DBE) The RDA strongly encourages and promotes through its Anti-Discrimination Policy that proposers cooperate by the acknowledgement and utilization of qualified available MBE/WBE/DBE firms in all aspects of its procurement of goods and services. All proposers are required to draft and submit as part of their bid a MBE/WBE/DBE participation compliance plan, which states specifically and unequivocally how they intend to engage the MBE/WBE/DBE firms in their contract package. 14. SPECIFICATIONS (a) Conformance with the RDA’s Appraisal Procedures & Guideline Manual. Appraisal reports submitted under this contract shall be in conformity with the RDA’s most current Appraisal Procedure & Guideline Manual (Exhibit “F”), and any subsequent revisions or supplements to the manual, which is incorporated into this contract by reference, with generally accepted appraisal practices and procedures, and in compliance with applicable federal, state and local laws and regulations. (b) Appraisal report. The final appraisal reports will be the property of the RDA. The Fee Appraisal and all work papers shall be confidential and shall not be revealed by the Fee Appraiser without the written expressed consent of the RDA; nor shall the Fee Appraiser testify relative thereto in any court or other tribunal without such consent unless so ordered by the court or other tribunal. The RDA shall pay appraisers in accordance with the RDA’s approved fee schedule, as outlined within the Contract. (c) Litigation services. If a claim for which the assignment is performed becomes subject to litigation, the Fee Appraiser, if so directed by the RDA or any of its authorized representatives, shall provide necessary services for litigation, including, but not limited to, updates, revisions, preparation, testimony, and other litigation support. The RDA, for services other than updates and revisions, shall pay appraisers and witnesses in accordance with the RDA’s approved fee schedule at the time of performance of the duties required. (d) Appraising other properties on same project. The Fee Appraiser may appraise for and testify for parties other than the RDA in other claims on the same project as that involving the assignment; provided, however, that written notice, including the name of the client, shall be given to the appropriate RDA Appraisal Division no later than ten (10) days prior to such undertaking. (e) Warranty. The Fee Appraiser warrants for each assignment that he or she has not employed or retained any company, firm or person, other than a bona fide employee working solely for the Fee Appraiser, to solicit or secure the assignment; and that he or she has not paid or agreed to pay any company, firm or person, other than a bona fide employee working 11 solely for the Appraiser, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making this contract. For breach or violation of this warranty, the RDA shall have the right to annul this contract without liability. (f) Indemnification. The Fee Appraiser shall indemnify and save the RDA harmless, and (if requested) defend the RDA from and against any and all losses, damages, expenses, claims, demands, suits and actions which may arise as a result of the activities of the Fee Appraiser, or the Fee Appraiser’s officers, agents or employees, under this Contract (and any POs or other purchasing documents issued pursuant to this Contract), whether the same be due to neglect in safeguarding the work, or by or on account of any act, omission, neglect or misconduct of the Fee Appraiser, or the Fee Appraiser’s officers, agents or employees during the performance of said work or thereafter, or to any other cause whatever, including, but not limited to, all claims for personal injuries, death and property damages. (g) Subcontracting. No part of assignments performed under this agreement shall be subcontracted without the prior written consent of the RDA. This applies to, but is not limited to, subcontracting to associates working out of the successful Fee Appraiser’s office as an independent contractor. If the RDA gives prior written consent, the subcontractor must also be qualified under this ITQ. Written consent for specialty reports necessary to complete an assignment will be given in the APA. 15. CRITERIA FOR QUALIFICATION—Review and Evaluation of Qualification Applications (a) General. To be placed on the list of prequalified appraisers associated with this multipleaward contract, participating appraisers must meet all requirements of this ITQ. Appraisers must be qualified separately for each category to which different qualifications apply, i.e. Category 1, 2, and 3. Appraisers who submit applications which include all information required, including all responses and documentation requested, and meet the mandatory requirements for the category of assignment requested will be qualified. Contracts will be awarded either to the company or partnership in which the qualified Fee Appraiser is employed, the Fee Appraiser if a sole-proprietor, the partnership of which the qualified Appraiser is a partner of, or the member or manager of a limited liability company. (b) Condemnation appraisal assignments. For purposes of this ITQ, condemnation appraisal assignments are those appraisals performed for an entity that has the right to exercise the power of eminent domain. 12 MANDATORY REQUIREMENTS BY CATEGORY OF APPRAISALS CATEGORY 1: Current Pennsylvania appraisal certification (residential or general). Photocopy of current Pennsylvania certification. An active e-mail address and capability to conduct e-business. Provide three (3) client reference surveys relating to condemnation appraisal assignments completed in the last five (5) years (unless written justification is provided as outlined on the following page). Achieve satisfactory reviews from each of the three (3) client references regarding past performance. CATEGORY 2 & 3: Current Pennsylvania appraisal certification (general). Photocopy of current Pennsylvania certification. An active e-mail address and capability to conduct e-business. Minimum of five (5) years real estate appraisal experience as a certified appraiser. *Have completed five (5) condemnation appraisal assignments in the last five (5) years that meet the requirements of Category 2. *Provide three (3) client reference surveys relating to condemnation appraisal assignments completed in the last five (5) years (unless written justification is provided as outlined on the following page). *Achieve an acceptable score, as determined by the RDA for each of the three (3) client references regarding past performance. 16. CLIENT REFERENCE SURVEYS (a) General. As part of the response to this ITQ, appraisers requesting qualification for assignments are required to submit three (3) client reference surveys. Appraisers must designate the name of the clients who will supply reference surveys on the application included in Exhibit “C,” and must forward to each such client a blank copy of the four- (4)page client reference survey, with instructions, included in Exhibit “C.” The contents of client reference surveys are considered public information and will not be kept confidential. (b) Requirements. The three (3) client reference surveys must comply with the following: (1) The surveys must be from three (3) separate condemnation appraisal assignments completed within the last five (5) years that meet the requirements of Category Assignments applying for under the ITQ. (2) Three (3) separate clients must complete the surveys unless written justification is supplied explaining why this cannot be done, e.g. the Fee Appraiser did not complete assignments for more than one or two clients. 13 (3) If the Fee Appraiser performed a condemnation appraisal assignment for the RDA Appraisal Division within the last five (5) years that meets the requirements, the RDA Appraisal Division must be one of the clients designated to supply a reference survey. (4) If the Fee Appraiser performed a condemnation appraisal involving a partial taking within the last five (5) years that meets the requirements of Category 2, one of the assignments for which a client reference survey is supplied must have involved a partial taking. (5) If the Fee Appraiser performed a condemnation appraisal involving an M&E report or more than one approach to value within the past five (5) years meeting the requirements of Category 2 & 3, one of the assignments for which a client reference survey is supplied must have involved more than one approach to value. (c) Clients must complete surveys independently. Clients must complete client reference surveys independently from the appraiser and return the completed surveys DIRECTLY to the RDA Appraisal Division as listed on the survey form. (d) Award contingent on receipt of surveys. Client reference surveys MUST BE RECEIVED before the RDA’s awarding of a Contract. Appraisers will not be qualified until the RDA receives the mandated client reference surveys. Appraisers should encourage their clients to submit their reference surveys as quickly as possible. If the RDA does not receive the Client Reference Surveys December 4, 2008, the Appraiser will be evaluated for qualification under the open enrollment process upon receipt of all required information. 17. PROCEDURES FOR ACQUIRING SERVICES FROM QUALIFIED APPRAISERS Refer to Section 12D of the RDA Appraisal Procedure & Guideline Manual, Exhibit “F”. 18. REJECTION OF QUOTES/SUBMISSIONS The RDA reserves the right to reject any and all quotes and submissions received in response to a solicitation. 19. ALTERATION OF ORDERING PROCEDURES The RDA reserves the right to alter this procedure if it becomes too cumbersome and to replace it with another system which allows all approved appraisers an opportunity to submit quotes on assignments. If these procedures change, all qualified appraisers will be notified. 20. REVISIONS, UPDATES, AND SERVICES FOR LITIGATION (a) Award without requesting quotes. The RDA may award assignments for revisions, updates and services for litigation to the Fee Appraiser who previously prepared a fair market value report, without requesting quotes from multiple appraisers, due to the Fee Appraiser’s unique knowledge of the property based on preparing that report. 14 (b) Litigation appraisals and services for litigation. The RDA may award appraisals and services required for litigation purposes to a single appraiser, without a request for quotes from multiple appraisers, upon the recommendation of the General Counsel. 21. PURCHASE ORDER OR OTHER PURCHASING DOCUMENT (a) Issuance of PO. When the RDA has selected an appraiser to perform a specific assignment, the RDA will issue a Purchase Order (PO), or other purchasing document compatible with the RDA’s most current procurement system, against the Contract to obtain the services. (b) Authority to provide services. This PO or other purchasing document shall constitute authority to furnish the services set forth in the appropriate quote, and shall be used in combination with the appropriate quote when invoicing the RDA for services provided. (c) Terms of ITQ and APA incorporated. Each PO or other purchasing document shall incorporate the terms and conditions set forth in the ITQ, the APA or other solicitation document. (d) Time extensions. Extensions to the time within which an assignment must be completed and submitted may be granted by written permission of the RDA. A change order to the PO or other purchasing document must be entered in the system. (e) Work cannot begin until PO fully executed. An Appraiser may not begin work without a fully executed PO or other purchasing document in place, except as set forth under the RDA Appraisal Procedure and Guideline Manual (Exhibit “F”). The RDA will not pay an Appraiser for any services performed without a fully executed PO or other purchasing document in place. 22. INVOICING In order to facilitate prompt processing and payment of invoices the Fee Appraiser will do the following: Fee Appraiser will furnish a RDA Confirmation of Service Form (Exhibit “E”) and submit to the Appraisal Division Office the Purchase Order or other purchase document. The Fee Appraiser will furnish an original invoice at the address listed on the Purchase Order. The total cost on the invoice should match the total cost on the Confirmation of Services Form. 23. INVITATION TO QUALIFY SUBMISSION (a) Rolling deadline. Submission deadline is rolling, but responses received by 5:00 PM, June 2, 2010 will be processed and reviewed during the month of June. It is in the best interest of all appraisers to submit the required information by the June 2, 2010 submission date in order to qualify for the contract period. 15 (b) All other applications. Additional qualification applications will be accepted after June 2, 2010 and the RDA will make every effort to process additional qualification applications within 120 days after receipt. (c) Response Delivery Location. Responses MUST be delivered or mailed to the Redevelopment Authority, 16th Floor Information Desk. To be considered for work during this enrollment period, all required documentation must be received at the address below no later than 5:00 PM, June 3, 2010. Responses being sent through the mail are to be addressed as follows: Attn: Val Pasquarella (ITQ) Redevelopment Authority 1234 Market Street, 16th floor Philadelphia, PA 19107-3701 (d) Enrollment period. The invitation to qualify for appraisal services will remain open through October 30, 2013 (or through October 30, 2018 if the RDA chooses to renew the contract for an additional five (5) years). The RDA will reject all applications received after that date, regardless of the reason for late arrival. If mailing your response, please allow sufficient mailing time. 24. INSTRUCTIONS FOR COMPLETION OF APPLICATION SUBMISSION: (a) General. Your submitted response must be completed on the documents provided and must include the completed ITQ Signature Page and forms contained in Exhibit “C” (Qualification Application, Category Appraiser applying for, and Client Reference Survey). ALL Exhibits, except for Exhibit “D”, Exhibit “E”, and Exhibit “F” must also be returned. Use Exhibit “D” only to make changes once a Fee Appraiser is awarded a contract. Make a copy of all documents for your records. (b) Print or type information. Except for signatures, please print legibly or type all required information. (c) Errors. The Fee Appraiser’s authorized signatory must initial and date any error made while completing information. (d) Altering of forms or exhibits prohibited. Do not alter the form or its exhibits. Adding anything other than information specifically required by the RDA may be interpreted as a Fee Appraiser "conditioning" the ITQ which may cause the ITQ to be rejected by the RDA. 25. HOW TO COMPLETE THE ITQ SIGNATURE SHEET: (a) Signature. The Fee Appraiser's signature shall be in ink. If any information is handwritten or changed in any manner, the Fee Appraiser’s authorized signatory must date and initial where indicated on the ITQ Signature Page. 16 (b) Full name and address. Complete the Company Name and Address. If sole proprietorship doing business as (d/b/a) or trading as (t/a) another name, indicate such, for example: John Q. Brown d/b/a or t/a Brown's Appraisal Service (c) Additional requirements. Indicate whether or not you are a certified by the City as a Minority Business Enterprise (MBE)/Women Business Enterprise (WBE)/Disadvantaged Enterprise. Complete the Fee Appraiser’s Contact Person, Phone Number, FAX Number, Federal Identification Number or Social Security Number, Required E-Mail Address, Vendor Number, and the Appraiser's signature blocks. (1) An appraiser cannot provide both a Federal Identification number and a Social Security Number. Use of a social security number or a federal identification number depends on which number is used to file income taxes. (2) If applicable, provide information regarding MBE/WBE/DBE status. (d) Appropriate signatures required. The ITQ may be rejected if not signed by an individual(s) authorized to contractually bind the organization. (1) For Corporations: Chairman, President, Vice President, Senior Vice President, Executive Vice President, Assistant Vice President, CEO, or COO. (2) For Partnerships: General Partner. (i) If general partner is a corporation, then follow directions for corporations. (ii) If general partner is a limited liability company, then follow the directions for Limited Liability Company. (3) For Sole Proprietorships: Owner. (4) Limited Liability Company: Member or a Manager. (e) Delegation of signature authority. If signature authority has been delegated by any of the above principals to another person, a copy of the delegation signed by the required principal delegating that signature authority to that specific individual must be provided prior to execution of the contract. For a corporation, the delegation document must be either a resolution of the board of directors or delegation provided by corporate by-laws. 26. INQUIRIES: Appraisers are to direct all questions (technical and/or administrative) to the RDA Appraisal Division listed on the Cover Page of this ITQ. All questions received via email will be answered via emailed to all Appraisers. Appraisers are encouraged to review this entire package and forward questions prior to the time and date stated above to be qualified during the initial enrollment period. 17 EXHIBIT “B” Lobbying Certification Form Disclosure of Lobbying Activities Form & Instructions Insurance Requirements 18 CERTIFICATION OF RESTRICTIONS ON LOBBYING I, _________________________________, hereby certify on behalf of __________________________________ that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall required that the language of this certification be included in the award documents for all sub-awards at all tiers (including, subcontracts, sub grants, and contras under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this _________ day of ______________, 2008. ____________________________ Signature of authorized official ____________________________ Title of authorized official Please check one: q Standard Form - LLL, “Disclosure of Lobbying Activities,” is not attached to this Certification because it is not applicable. q Standard Form - LLL, “Disclosure of Lobbying Activities,” is completed and attached. 19 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ____ a. contract ____ b. grant ____ c. cooperative agreement ____ d. loan ____ e. loan guarantee ____ f. loan insurance _____ a. bid/offer/application _____ b. initial award _____ c. post-award _____ a. initial filing _____ b. material change For material change only: Year _______ quarter _______ Date of last report___________ 1. Name and Address of Reporting Entity: 2. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ____ Prime ____ Subawardee Tier______, if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: F CFDA Number, if applicable: __________________ 8. Federal Action Number, if known: 9. Award Amount, if known: A $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): Signature: __________________________________ Print Name:_________________________________ Title:__________________________________ Telephone No.: ________________ Date: ____ 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized for Local Reproduction Standard Form 20 DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF DISCLOSURE OF LOBBYING ACTIVITIES FORM This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. 21 INSURANCE REQUIREMENTS The RDA, at its option and as deemed necessary, may require the Fee Appraiser to provide a Certificate of Insurance as outlined below for specific appraisal services. When a Certificate of Insurance is requested it should be sent to the RDA Appraisal Division that issued the solicitation. A Certificate of Insurance is NOT required with this submission, but will be required when signing the RDA Agreement for Appraisal Services. 1. Workmen’s compensation insurance sufficient to cover all of the employees of the contractor working to perform this contract, as required by the laws of the Commonwealth. 2. Comprehensive general liability insurance, property damage insurance, and, where appropriate, automobile liability insurance. Appraiser shall provide to the Authority a certificate of insurance in a sum not less than One Million Dollars ($1,000,000.00), with an insurance company satisfactory to the Authority, as evidence of Appraiser’s professional liability insurance coverage for work performed under the RDA Agreement for Appraisal Services. These coverages shall be occurrence-based. The policy(ies) shall name the Redevelopment Authority as an additional insured and shall contain a provision that the coverages afforded thereunder shall not be cancelled or changed unless at least thirty (30) days prior written notice has been given to the Redevelopment Authority. Prior to the commencement of work, the contractor shall provide the RDA with a current certificate(s) of insurance showing the required coverages and provisions. 22 EXHIBIT “C” Qualification Information Qualification Application Client Reference Survey Form 23 QUALIFICATION APPLICATION Company Name: ___________________________ FID or SS No. (As shown on ITQ Signature Page): ___________________________________ Vendor No.: ____________ Appraiser’s Name: _________________________ Appraiser must complete separate applications (Exhibit C) for each appraiser for whom qualification status is being pursued. Make additional copies as needed for each appraiser seeking to be qualified under this contract. ----------------FOR RDA USE ONLY-----------Category 1 Category 2 Category 3 Appraiser’s Name Please check all categories for which qualification status is being pursued by this appraiser: ______ Category 1, (Complete Category 1 Sheet) ______ Category 2 & 3, (Complete Category 2 Sheet) List names of companies to whom Client Reference Surveys were sent from this appraiser: Client Reference: Client Reference: Client Reference: I certify that the above statements and those on any attachment are true and complete and that I will not accept appraisal assignments from the Department concerning properties in which I have an undisclosed past, present or contemplated interest. _______________________________ Appraiser’s Signature _____________________ Date 24 CATEGORY 1 COMPLETE QUESTIONS IF APPLYING FOR CATEGORY 1 Company Name: ___________________________ FID or SS No. (As shown on ITQ Signature Page): ___________________________________ Vendor No.: ____________ Appraiser’s Name: _________________________ No. Question Circle One 1. Do you have a current Pennsylvania Appraiser Certificate? General Residential Pennsylvania Certification No.__________________________ Expiration Date____________________ YES NO 2. Did you attach a photocopy of your current Pennsylvania Appraiser Certificate? YES NO 3. Do you have an active e-mail address and the capability to conduct e-business? YES NO Applicant must respond, “YES” to all questions to be qualified for this Category. YES ***FOR RDA USE ONLY*** Client Reference Surveys Were three (3) client reference surveys provided? Were all three (3) client reference surveys relating to condemnation appraisals? Were all condemnation appraisal assignments referenced in the surveys completed during the past five (5) years? Were all assignments referenced in the surveys different? Were surveys provided by three (3) separate clients or justification provided for less than 3? Were scores of all three (3) client reference surveys acceptable individually? SCORES: __________ __________ __________ - Qualified - Not Qualified - Pending NO Reviewed by: ______________________________ Date: _____________ 25 CATEGORY 2 OR 3 COMPLETE QUESTIONS IF APPLYING FOR CATEGORY 2 OR 3 Company Name: ___________________________ FID or SS No. (As shown on ITQ Signature Page): ___________________________________ Vendor No.: ____________ Appraiser’s Name: _________________________ No. 1. 2. 3. 4. 5. 6. 7. 8. Question Circle One Do you have a current Pennsylvania Appraiser Certificate? YES NO General Certification No.______________________________ Expiration Date _______________________________ Did you attach a photocopy of your current Pennsylvania YES NO Appraiser Certificate? Do you have an active e-mail address and the capability to YES NO conduct e-business? Do you have a minimum of five (5) years real estate appraisal YES NO experience as a certified appraiser? Have you completed five (5) condemnation appraisal NO assignments in the last five (5) years that meets the requirements YES of Category 2? Have you performed a condemnation appraisal assignment for YES NO the Redevelopment Authority within the last five (5) years? Have you performed a condemnation appraisal assignment YES NO involving a partial taking within the last five (5) years? Have you performed a condemnation appraisal assignment YES NO involving more than one approach to value within the past five (5) years? Applicant must respond, “YES” to questions 1—5 to be qualified for Category 2& 3 assignments, unless you have been exempted by the Department. ***FOR RDA USE ONLY*** YES Client Reference Surveys Were three (3) client reference surveys provided? Were all three (3) client reference surveys relating to condemnation appraisals? Were all condemnation appraisal assignments referenced in the surveys completed during the past five (5) years? Were all assignments referenced in the surveys different? Were surveys provided by three (3) separate clients or justification provided for less than 3? Were scores of all three (3) client reference surveys acceptable individually? SCORES: __________ __________ __________ N/A YES NO NO If #6 above was yes, is one of the surveys from RDA? If #7 above was yes, is one of the assignments referenced in the surveys a partial taking? If #8 above was yes, did one of the assignments referenced in the surveys involve more than one approach to value? RDA Reviewer: Any “No” checked above will result in disqualification of applicant. - Qualified - Not Qualified - Pending Reviewed by: ______________________________ Date: _____________ 26 CLIENT REFERENCE SURVEY Appraisal ITQ INSTRUCTIONS: The Redevelopment Authority (RDA) is developing a APPRAISAL SERVICES contract. Proposals have been received from appraisers, and you/your company were listed as a client reference. The RDA will use your evaluation to help qualify the appraiser(s) who used you/your company as a client reference. The appraisers have been asked to provide each of their client reference individuals/companies with a four (4)-page blank copy of this survey form, with instructions, for you to complete and forward to the RDA Appraisal Division. It is requested that your organization’s manager or the individuals responsible for the referenced appraisal services provided a completed form, without consultation with the appraiser who provided the services(s). Then the same person who fills out the form must sign and date the completed form. For all appraisers that qualify for APPRAISAL SERVICES, the contents of the client reference surveys will be considered public information and cannot be kept confidential. Appraisal services being evaluated must be condemnation appraisal assignments and must have been completed within the last 5 years. Condemnation appraisal assignments as used herein refer to those appraisals performed for an entity that has the right to exercise the power of eminent domain. The survey form has appraisal service header information and 9 questions. Appraisal service header items include project name/title, type of appraisal, brief description of appraisal assignment, and the start/end dates. Following the header information, each of the nine questions has a sliding scale for you to rate the appraiser and an area for specific comments. The number on the scale that corresponds to the performance you experienced is to be circled, and comments appropriate to each question may be added. Comments are MANDATORY for questions 1-8 with a rating below a “7”. The following definitions are to be used for the rating values on the sliding scale: SCORE 10 9 8 7 6 5/4/3 2/1/0 DESCRIPTION Consistently exceeds customer expectations (more than 90% of the time) Frequently exceeds customer expectations (between 50% and 90% of the time) Occasionally exceeds customer expectations (between 10% and 50% of the time) Meets customer expectations Occasionally fails to meet customer expectations (between 10% and 25% of the time) Frequently fails to meet customer expectations (between 25% and 75% or the time) Consistently fails to meet customer expectations (more than 75% of the time) For questions 9, add 10 points to the score chart above to determine the appropriate score. Comments are MANADATORY for a rating below a “14”. To qualify, appraisers must receive a score acceptable to the RDA from each client reference form. Individuals/companies must complete client reference surveys independently from the appraisers and then return the completed surveys DIRECTLY to the contracting Officer via FAX at 215-854-6603 OR to the address below no later than 3:30 PM, December 4 ,2008 to qualify under initial enrollment period: Attn: Val Pasquarella Redevelopment Authority 1234 Market Street, 16th floor Philadelphia, PA 19107-3701 Failure to return the completed client reference survey by the date and time noted above will result in the evaluation of the appraiser’s application being delayed. 27 Name of Appraiser for whom this Client Reference Survey was completed: _______________________ RDA CLIENT REFERENCE SURVEY – Appraisal Services PROJECT HEADER INFORMATION: RDA Use Only Score: Project Name/Title: Brief Description of the Condemnation Appraisal Assignment: Project Start Date (Month/Year) __________ Projected End Date Month/Year):_____________ (End Date must have been completed within the last 5 years) Instructions: Rate performance on a scale of 0-10; 0-3 signifying a below average job performance, 4-6 signifying a average job performance, 7-10 signifying a above average job performance. If any question does not apply, indicate “Not Applicable” in the Comments portion of those questions. Briefly explain why. 1. How would you rate the quality of the appraiser’s work performed? This factor is concerned with the completeness, accuracy, neatness and technical proficiency of the work performed. __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 2. How would you rate the appraiser’s dependability on the assignment? This factor is concerned with the appraiser’s ability to complete the assignment within the established due dates. __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey Comments: 3. How would you rate the appraiser’s compliance with following assignment directions and objectives? This factor is concerned with the appraiser’s performing work independently and satisfactorily after the initial assignment instructions were provided. __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 28 Name of Appraiser for whom this Client Reference Survey was completed: _______________________ 4. How would you rate the appraiser’s performance concerning communication? This factor measures the appraiser’s effectiveness in exchanging relevant information in a clear, concise and articulate manner on a timely basis. ____________________________________________________________________ 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 5. How would you rate the appraiser’s response to questions and appraisal review memos or critiques? __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 6. How would you rate the appraiser’s compliance with established policies, Uniform Standards of Professional Appraisal Practices (USPAP) and other rules and regulations relating to the assignment? __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 7. How would you rate the appraiser’s performance in serving as an expert witness? This factor measures the appraiser’s pre-trial preparation, exhibits and supportive information, communication/interaction with attorneys, and/or actual legal testimony. __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 29 Name of Appraiser for whom this Client Reference Survey was completed: _______________________ 8. How would you rate the appraiser’s performance on providing adequate resources needed for the appraisal assignment? __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: 9. How would you rate the appraiser’s overall performance on your specific project? __________________________________________________________________________ 0 1 2 3 4 5 6 7 8 9 10 Note: Comments are MANDATORY for a rating below “7”. See Page 1 of the Client Reference Survey. Comments: Name of Preparer:_______________________________________________________________ Company________________________________Signature:______________________________ Date____________________________________Title___________________________________ Telephone No:___________________ Fax No.__________________ The client reference companies must return the completed survey forms (only pages 2, 3, and 4) DIRECTLY to the contracting Officer via FAX at 215-854-6753 OR to the address below no later than 3:30 PM, December 4, 2008 to qualify under the initial enrollment period: Attn: Val Pasquarella Redevelopment Authority 1234 Market Street, 16th floor Philadelphia, PA 19107-3701 RDA Use Only Score Points Received: ___________ (divided by) =__________ x 100 =__________ Total Possible Points: ___________ 30 EXHIBIT “D” Contractor Update Form 31 APPRAISAL SERVICE CONTRACTOR UPDATE FORM (Fee Appraiser Does NOT have to complete this form and submit it with Application. Use Exhibit E Only to Make Changes Once an Appraiser Is Awarded Contract.) Appraiser (Company) Name and Address: (as shown on the original contract) FID or S.S. No./Vendor No. Name of Appraiser FID/S.S._________________________ Vendor No. ______________________ To Add a New Appraiser: Submit Client Reference Surveys. To Delete an Appraiser: Indicate name as shown on approved contract To Change an E-Mail Address: Indicate new e-mail address: Any Other Changes: Contact Val Pasquarella (or his designee or successor) at the RDA Appraisal Division Attn: Val Pasquarella Redevelopment Authority 1234 Market Street, 16th floor Philadelphia, PA 19107-3701 32 EXHIBIT “E” Confirmation of Service Form Example Only 33 RDA Confirmation irmation of Appraisal Service Form Date Service Rendered SAP Vendor Number Contractor Name Phone Address Purchase Order # Reference line items on purchase order that match the services performed Appraisal Item Description/Property Number _______________________________ Contractor Signature Total Price for Appraisal __________________________ Date 34 EXHIBIT “F” Standard RDA Agreement for Appraisal Services 35 AGREEMENT FOR APPRAISAL SERVICES THIS AGREEMENT is entered into this day of 2005, by and between the Redevelopment Authority of the City Of Philadelphia (the “Authority”) and ________________________________________ (the “Appraiser”). BACKGROUND 1. The Authority is a public body, corporate and politic, organized pursuant to the Pennsylvania Urban Redevelopment Law of 1945, as amended. 2. In the course of performing certain of its urban renewal activities, specifically the acquisition or disposition of real property and the underwriting of mortgage loans, the Authority requires appraisal services that will provide the Authority with professional opinions and analysis of market value of real property. 3. The Appraiser represents that he/she is professionally qualified and licensed to perform such appraisal services and is willing to accept appraisal assignments from the Authority. NOW, THEREFORE, the parties hereto, in consideration of these premises and mutual undertakings, each intending to be legally bound hereby, do mutually agree as follows 36 A. General Provisions 1. Compliance With USPAP The Appraiser and all appraisal reports submitted to the Authority shall adhere to and comply with the standards and procedures promulgated by the Appraisal Standards Board in the Uniform Standards of Professional Appraisal Practices. If the Appraiser or the appraisal report deviates from these standards, the Appraiser must advise the Authority of the deviation and the reasons for the deviation. 2. Complete Self-Contained format Unless otherwise specified in writing by the Authority, the appraisal report shall be a Self-Contained Appraisal Report involving a complete appraisal. 3. Intended Use and Intended Users of the Appraisal Report The Authority’s purposes for securing an appraisal may involve one or several of the following intended uses: acquisition of real property by purchase or condemnation; disposition of real property by sale or lease; preparation of budgets for submission to federal, state, or local funding sources; underwriting loan applications; fulfilling contractual commitments under cooperation agreements with other governmental agencies or with private parties; litigation and related uses; and other activities necessary to perform the Authority’s urban renewal functions. The Appraiser acknowledges that the appraisal report is the property of the Authority and that the Authority may use the appraisal report as the Authority deems necessary to fulfill its responsibilities, including providing copies of the appraisal report to others. Appraiser shall not restrict the Authority’s use of the appraisal report for any lawful purpose and Appraiser may not require his/her consent to such distribution of the appraisal report. 37 This provision shall super-cede any statement to the contrary presented in an appraisal report. B. Scope of Services 1. From time to time, the Authority may issue a Notice to Proceed letter instructing the Appraiser to perform appraisal services within certain project areas and/or for certain parcels of property. Upon receipt of a Notice to Proceed, Appraiser shall: a. Perform the specific services requested in the Notice to Proceed letter in the sequence and order directed by the Authority and shall also perform the services set forth in the Addendum to this Agreement for the type of appraisal requested. appropriate, b. Make a personal inspection of the project area or parcels, as which are being appraised including all related improvements, appurtenances and other elements of value. c. Advise the Authority in a written appraisal report of the fair market value of each parcel in accordance with the Pennsylvania Eminent Domain Code and the Uniform Standards of Professional Appraisal Practices. d. Correct defective, inaccurate or incomplete work promptly upon request by the Authority, at no additional cost to the Authority and whenever discovered, notwithstanding acceptance or payment by the Authority. e. Upon request, conduct a re-inspection of the property and provide an opinion of fair market value in an appraisal report in form requested by the Authority. 2. From time to time, the Authority may request Appraiser to perform other appraisal services such as preliminary acquisition appraisals, reuse appraisals, or bond appraisals. The Authority will provide Appraiser with the 38 guidelines for required content of such appraisals when requesting these services. C. COMPENSATION The Authority will pay Appraiser for work performed pursuant to this Agreement as follows: 1. For completion of the inspection and appraisal services specified in any Addenda to this Agreement, the fee will be set forth in the Notice to Proceed letter. 2. For pre-trial preparation and Board of View or trial testimony, the fee will be as stated in the Authority’s Approved Fee Schedule. Upon request, the Authority will provide Appraiser with written notice of this fee schedule. 3. In the event that Appraiser’s services are not completed within the time limitations stated in the Notice to Proceed letter, the Authority may withhold from payment an amount equivalent to one (1%) percent of the agreed fee for each day’s delay until completion thereof. The Authority may extend the time for completion for a period of not more than thirty (30) days in the event that such extension of time shall be in its interest. D. TERMINATION OR MODIFICATION OF AGREEMENT 1. Termination for Cause. If the Appraiser fails to perform any obligation, covenant or undertaking under this Agreement or a Notice to Proceed, the Authority, in its sole discretion and upon written notice consistent with section 7 below, may immediately terminate this Agreement. 39 2. Termination without Cause. The Authority, in its sole discretion and upon ten (10) days written notice consistent with section 7 below, may terminate this Agreement without cause. 3. Rights of Appraiser upon Termination. The Authority acknowledges and agrees that the Appraiser shall be entitled to compensation for all work delivered to and accepted by the Authority in conformance with this Agreement prior to issuing a notice of termination. 4. Rights of Authority upon Termination. The Appraiser acknowledges and agrees that upon termination of this Agreement by the Authority, the Authority shall have the following rights: a. The Authority shall be entitled to any damages the Authority may sustain by reason of the Appraiser’s breach, violation or failure to perform any obligation, covenant or undertaking under this Agreement or a Notice to Proceed; b. The Authority shall have the benefit of all work completed up to the time of termination or cancellation; c. The Authority shall have no obligation to pay compensation for any work performed by the Appraiser after the receipt of a notice of termination; and d. The Authority shall have a right to withhold any amounts due to the Appraiser pursuant to section 4 of this Agreement as security for any amounts owed to Authority pursuant to this section. 5. Assignments. Appraiser acknowledges that appraisal assignments will be made as determined by the Authority in its sole discretion and that this Agreement does not assure work assignments will be made to Appraiser. Further, the Authority’s obligations hereunder are conditioned on the availability and receipt by the Authority of funds from local, state and federal governments. The adequacy and allocation of such funds shall be determined by the Authority in its sole and absolute discretion. 6 Modification of Assignments. The Authority may at any time by notice in writing to Appraiser exclude any parcel or parcels from an appraisal assignment and in such event equitable adjustment shall be made by the Authority for all work completed 40 and accepted before such exclusion and for any substantial work or service performed to the date of such exclusion but not then in form acceptable to the Authority. 7. Notices. Notices to any party shall be in writing and shall be delivered by certified mail return receipt requested addressed to the parties at the addresses set forth below: d. If to the Appraiser: [Name] [street] [City, State, Zip Code] Fax: [number] Email: [email] e. If to the Authority: Executive Director Redevelopment Authority of the City of Philadelphia 1234 Market Street, 16th Floor Philadelphia, PA 19107 With a copy to: General Counsel Redevelopment Authority of the City of Philadelphia 1234 Market Street, 16th Floor Philadelphia, PA 19107 Any notice shall be deemed effective upon receipt. E. ASSIGNMENT 1. All appraisal reports shall be the professional work product of the Appraiser himself/herself and must be signed by Appraiser. Appraiser shall not assign or transfer any right or obligation hereunder. 2. G. The Authority may assign this Agreement. CONFIDENTIALITY AND CONFLICT OF INTEREST 1. The reports, opinions, and conclusions of Appraiser shall be confidential. Appraiser shall not disclose in whole or in part, directly or indirectly, any such 41 information, opinion, or conclusions to any person or entity without the prior written authorization of the Authority. 2. Upon request by the Authority, but at least annually, Appraiser shall complete an annual Disclosure Statement identifying Appraiser’s real estate holdings within the City of Philadelphia. Appraiser further agrees to advise the Authority whenever Appraiser: a) applies for purchase or transfer of property from the City of Philadelphia, the Authority, or any of their agencies; and b) applies for purchase of a property owned by a Community Development Corporation. 3. Appraiser agrees that from the date of an appraisal assignment through 90 days following completion of an appraisal report, he/she will not acquire any direct or indirect interest in any property located within the Urban Renewal Area of the appraisal assignment. Appraiser represents that he/she has not employed and will not employ, in connection with the work or services to be performed hereunder, any persons having any such interest. E. INDEMNIFICATION AND LICENSING 1. Appraiser shall be considered an independent contractor. 2. Appraiser agrees to indemnify, defend and hold harmless the Authority, its officers, employees and agents, from and against any and all losses, costs (including litigation costs and counsel fees) claims, suits, actions, damages, liability and expenses, including but not limited to those in connection with loss of life, bodily injury, personal injury or property damage, arising out of any act or omission of Appraiser and/or his/her contractors, subcontractors, 42 licensees, invitees, or anyone directly or indirectly employed by Appraiser or anyone for whose acts Appraiser may be liable, in or about the premises. 3. Appraiser shall provide to the Authority a certificate of general liability insurance in a sum not less than One Million Dollars ($1,000,000.00), with an insurance company satisfactory to the Authority. The policy shall be Broad Form Comprehensive General Liability, including Public Liability and Property Damage Coverage for bodily injury, accidental death and damage to property, which may arise from Appraiser’s performance under this Agreement, whether such operations are by the Appraiser or by anyone directly or indirectly employed by the Appraiser. 4. Appraiser shall provide to the Authority a certificate of insurance in a sum not less than One Million Dollars ($1,000,000.00), with an insurance company satisfactory to the Authority, as evidence of Appraiser’s professional liability insurance coverage for work performed under this Agreement. 5. Appraiser shall submit to the Authority, within sixty (60) days of renewal, an authentic copy of Appraiser’s Certificate issued by the Commonwealth evidencing Appraiser’s certification to perform appraisals. F. NON-DISCRIMINATION PROVISIONS 1. Appraiser shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex or national origin. Appraiser shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, 43 religion, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Appraiser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Authority setting forth the provisions of this nondiscrimination clause. 2. Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of Appraiser, state that all qualified applicants will receive consideration for employment without regard to race, religion, creed, color, sex or national origin. 3. Appraiser will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. G. INDUCEMENT AND INTEREST 1. Appraiser represents, warrants and agrees that he has not employed any person to solicit or procure this Agreement, has not made, and will not make any payments to anyone, nor agree for the payment of any commission, percentage, brokerage, contingent fee, or other compensation to anyone in connection with the procurement of this Agreement. 2. No member of the Authority shall participate in any decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is directly or indirectly interested nor shall any member, officer, agent or employee of the Authority have any interest, direct or indirect, in this Agreement or the proceeds thereof. 44 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first above written. CORPORATE SEAL-ATTEST: REDEVELOPMENT AUTHORITY OF THE CITY OF PHILADELPHIA BY: DEPUTY EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR APPRAISER 45 ADDENDUM A ACQUISITION APPRAISAL If Appraiser is requested to perform an Acquisition Appraisal, for each parcel being appraised he/she shall: 1. Verify, insofar as is practicable, all recent sales and leases of each parcel and all recent sales and leases of comparable property which Appraiser has taken into consideration as reflecting the fair market value of the property appraised. Such verification shall include interviewing the seller, buyer, agent, landlord, tenant or any other person known to have participated in the transaction, to ascertain the consideration, the terms and conditions of the sale or lease, any special factors affecting the amount of the consideration or agreed rent, the actual condition of the property at the time of transfer or lease, and any other relevant factors. 2. Prepare an original and one copy of a written report which shall, in form and substance, conform to sound professional appraisal practices and to the principles of determining values of real property in accordance with the Pennsylvania Eminent Domain Code. Appraiser shall determine fair market value in accordance with the following definitions: (a) Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors: (1) The present use of the property and its value for such use. (2) The highest and best reasonably available use of the property and its value for such use. (3) The machinery, equipment & fixtures forming part of the real estate taken. (b) Any change in the fair market value prior to the date of condemnation which was substantially due to the general knowledge of the imminence of condemnation, other than that due to physical deterioration of the property within the reasonable control of the condemnee, shall be disregarded in determining fair market value. (c) The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. 46 Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interest; 3. a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 3. The appraisal report shall include: a. One or more photographs of the exterior of the property and its environs. b. One or more photographs of the interior of the property. c. Appraiser’s opinion of the fair market value of each parcel, including improvements, structures, appurtenances, special uses, or other elements of value thereunto belonging. d. If the parcel is improved, Appraiser shall state the age, dimensions, kind, character and condition of each of the various structures, improvements or fixtures on or in the parcel, together with Appraiser’s opinion of the parcel’s highest and best use and an allocation of the value and utility of each such structure, improvement, fixture or other element of value in relation to the highest and best use to which the parcel, in Appraiser’s opinion, is adaptable. e. A statement of any and all circumstances found by Appraiser to exist with respect to unlawful condition, use or occupancy of the parcel being appraised. Appraiser shall make a visual inspection of the property for City Housing and Building Code and Zoning Code violations and shall inform the Authority of possible violations. g. The names and addresses of the owners of the parcel and the date and place of recording the instrument of conveyance under which the 47 owner claims title. If known, the Authority shall furnish Appraiser with information as to tract ownership data. h. The assessed value of the parcel and the amount of the current real estate tax levy. i. A record of all recent sales and leases of the parcel and a statement of all sales and leases of comparable property which Appraiser has taken into consideration in determining the fair market value of the parcel. Information of sales and leases of comparable properties shall indicate the factors of comparability and shall set forth the names of the grantor and grantee or lessor and lessee, as applicable; a general description of the property and its condition; applicable zoning; date of transfer, consideration, place of recording of the conveyance; and a map, diagram, or other information indicating the location of such sales in relation to the parcel. Appraiser shall provide copies of deeds for each comparable sale. On business, commercial, and industrial properties, Appraiser shall state specifically whether the consideration included any special equipment, licenses or trade fixtures. j. A scale plat of the parcel, if significant in arriving at the value k. In the event of severance, Appraiser's opinion of the fair market conclusion. value of the whole parcel, the fair market value of the part not taken, and the value of any special benefits accruing to the part not taken which may be taken into consideration under applicable law. l. A statement of the rental value of the parcel and a history of the rental experience, if Appraiser performs an Income Capitalization approach to value. 48 m. A statement as to the existing utilities and the adequacy thereof with respect to the services available to the property; a brief description of the character of street improvements near the site of the property appraised; and a statement showing transportation, school, marketing and other facilities such as churches, parks, playgrounds and public libraries. o. A statement as to whether the property or any portion thereof is subject to special assessments and, if so, the nature, amount and number of years during which payment must be made. p. A detailed statement of all factors considered by Appraiser which influence, either favorably or unfavorably, the market value of the parcel, and a statement concerning the activity of the real estate market in the immediate area within and surrounding the Project Area for the past several years through the date of the appraisal. q. If the highest and best use requires demolition of existing structure(s), a statement of demolition costs and/or removal. Appraiser shall make adjustments to the estimate of fair market value that he/she deems appropriate. r. Disclosure of any known adverse conditions, including environmental hazards (such as evidence of underground storage tanks, waste disposal or asbestos) that are readily apparent to Appraiser. s. If Appraiser is unable to gain access to the interior of the property, Appraiser shall assume that the interior of the property is in poor condition unless otherwise directed by the Authority in the Notice To Proceed letter. 4. Bring to the attention of the Authority other factors bearing on the value of the parcel, including Unity of Use, Assembled Economic Unit Doctrine or the Industrial Plant Doctrine. 5. Testify on behalf of the Authority in any legal proceeding as an expert witness with respect to the appraisal report, utilizing adequate records, notes, and source-of-valuation references. 49 6. Provide the owner advance notice that Appraiser will inspect the property and allow the owner or his authorized representative to accompany Appraiser during the inspection. A copy of this notification shall be included in the appraisal report and Appraiser shall certify that the notification was delivered to the owner, either personally or by certified mail, not less than 10 days prior to the date of inspection. In the process of inspecting the property, Appraiser shall, to the extent practicable, ascertain the rights of all parties in possession and note for consideration all factual information and comments furnished by the owner or his representative relevant to the appraisal. 50 ADDENDUM B ACQUISITION REINSPECTION APPRAISAL If Appraiser is requested to perform an Acquisition Reinspection Appraisal, for each parcel being appraised he/she shall: 1. Determine any change in fair market value of each parcel from its last acquisition appraisal value and advise the Authority of the present fair market value of each parcel and whether it is the same, less than, or greater than the most recent acquisition appraisal valuation. 2. If the present fair market value has changed, verify, insofar as practicable, provide a statement of all recent sales and leases of each parcel and all recent sales and leases of comparable property which Appraiser has taken into consideration as reflecting the change in fair market value of the property appraised. Such verification shall include interviewing the seller, buyer, agent, landlord, tenant or any other person known to have participated in the transaction, to ascertain the consideration, the terms and conditions of the sale or lease, any special factors affecting the amount of the consideration or agreed rent, the actual condition of the property at the time of transfer or lease and any other relevant factors. 3. Prepare an original and one copy of a Summary Appraisal Report that shall, in form and substance, conform to sound professional appraisal practices and to the principles of determining values of real property in accordance with the Pennsylvania Eminent Domain Code. The appraisal report shall determine value as of the date of condemnation and shall include: a. One or more photographs of the interior of the parcels depicting the general conditions of the property and one or more photographs of 51 the exterior of the property if any changes are evident in the physical appearance of the property since the last photograph was taken. b. Information and findings supporting the change in valuation, including improvements, additions, renovations or repairs to structures and physical items of real estate with actual or estimated cost thereof. c. Demolition, destruction, deterioration or removal of structures and physical items of real estate with the causes thereof. d. Changes in market conditions affecting value based on recent comparable sales, rentals or other specific market data. e. A determination of the highest and best use considering the utilization of the property. f. Changes in permissible uses since the date of the last appraisal with respect to zoning, variances, licensing or other governmental restrictions. g. A detailed statement of all factors taken into consideration by Appraiser which influence, either favorably or unfavorably, the change in the market value of the parcel, together with a statement covering the activity of the real estate market in the immediate area within and surrounding the project area during the interval between the last appraisal and the current appraisal. 52 EXHIBIT RDA APPRAISAL PROCEDURES & GUIDELINE MANUAL Refer to ITQ “Exhibit G” for Appraisal Procedures & Guideline Manual 53 EXHIBIT “G” RDA Appraisal Procedure & Guideline Manual 54 Redevelopment Authority of the City of Philadelphia Appraisal Procedure & Guideline Manual Table of Contents Section 1 Purpose & Objective Section 2 Application of the Uniform Act & USPAP Section 3 Compensation Section 4 RDA Appraisal Policies & Procedures Section 5 Distribution of Procedures & Guideline Manual Section 6 Elements of General Damages Section 7 Compensable Verse Non-compensable Elements of Damage Section 8 General versus Special Benefits Section 9 Machinery & Equipment Report Section 10 Appraiser Qualification Section 11 Appraisal Project Management Section 12 Appraisal Invitation to Qualify (ITQ) Appendix A Appraisal Institute Form AI-100.01 Appendix B USPAP Summary Report & Machinery & Equipment Report 55 Redevelopment Authority of the City of Philadelphia Appraisal Procedure & Guideline Manual Section 1 PURPOSE AND OBJECTIVE The Redevelopment Authority (RDA) Appraisal Procedure & Guideline Manual outlines the process for determining the amount of compensation to offer property owners for the purchase and possible condemnation of their property, including the procedures for preparing appraisals and appraisal reports. The main objective is to provide the negotiator with an estimate of compensation to be offered each property owner for the taking of their private property for public purposes. The manual establishes general guidelines for determining the amount of compensation offered. Exceptions to following these guidelines may be granted by the RDA Executive Director or a designated representative, on a case-by-case basis depending on the circumstances. The RDA has the responsibility to assure that appraisals: 1. Reflect established and commonly accepted Federal and federally-assisted program appraisal practice. 2. As a minimum, comply with both of the following: a. Definition of an appraisal The term appraisal means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as a specific date, supported by the presentation and analysis of relevant market information. b. Appraisal Requirements (1) An adequate description of the physical characteristics of the property being appraised. (2) All relevant and reliable approaches to value consistent with established appraisal practices. (3) A description of comparable sales. (4) A statement of value of the real property to be acquired. (5) The effective date of valuation. The Appraisal Institute Form AI -100.01 contained in Appendix A is the approved RDA appraisal format and will be the standard when conducting assignments involving 1-4 unit residential properties, small vacant lots and small mixed use properties. When needed, the RDA Appraisal Division may request the use of the Uniform Standards of Professional Appraisal Practice (USPAP) Narrative Summary Appraisal Report or Machinery and Equipment (M&E) Report (Appendix B) be completed in addition to the Appraisal Institute Form AI -100.01. 56 Section 2 APPLICATION OF THE UNIFORM ACT AND USPAP A. Jurisdictional Exception. The Jurisdictional Exception (JE) Rule of Uniform Standards of Professional Appraisal Practice (USPAP) recognizes the pre-eminence of governmental law and public policy over USPAP when there are, or appear to be, differences. The effect of the JE is to protect certified and licensed appraisers when they appraise following the requirements of a government agency. When JE is invoked and RDA appraisal requirements are followed, the appraiser is still operating within the bounds of and is not violating USPAP. B. Supplemental Standards. The purpose of the Supplemental Standards Rule is to provide a reasonable means to augment USPAP with requirements that add to the requirements set forth by USPAP. Supplemental standards cannot diminish the purpose, intent, or content of the requirements of USPAP. Supplemental standard applicable to assignments prepared for specific purposes or property types may be issued (i.e. published) by government agencies, government sponsored enterprises, or other entities that establish public policy. C. USPAP Library. RDA is required to keep copies of all current and applicable USPAP reference material. Past issues may apply to revised or updated appraisal reports. Section 3 COMPENSATION A. Just Compensation. Just compensation is defined under Pennsylvania law as the difference between the fair market value of the condemnee’s entire property interest immediately before the condemnation and as unaffected thereby and the fair market value of his property interest remaining immediately after such condemnation and as affected thereby, and such other damages as are provided in the Code (Section 702(a) of the Pennsylvania Eminent Domain Code). This definition incorporates two basic types of damages—general damages and special damages. The term “general damages” as referred to throughout this manual means damages for real estate based on the difference between the before and after condemnation value of the property. The term “special damages” encompasses all other damages payable under the Pennsylvania Eminent Domain Code, such as those for the displacement of businesses, and residential occupants and the limited reimbursement for appraisal, attorney and engineering fees. This manual deals predominantly with the determination of general damages to real estate, including that for property taken as well as any loss in value due to severance and/or depreciation to remaining property. There are certain elements that may affect value of a property that must be considered in arriving at general damages. These elements are addressed in subsequent sections of this manual. B. Fair Market Value. Fair market value is defined under Pennsylvania law as the price which would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors: 1. The present use of the property and its value for such use. 2. The Highest and Best Use. 3. The machinery, equipment and fixtures forming part of the real estate taken. 57 4. Other factors as to which evidence may be offered as provided by Article VII of the Pennsylvania Eminent Domain Code (Section 703 of the Pennsylvania Eminent Domain Code). The comment to this section clarifies that a “willing” seller and buyer means that neither is under abnormal pressure or compulsion, and both have a reasonable time within which to act, and that an “informed” seller and buyer means that both are in possession of all the facts necessary to make an intelligent judgment. There are similar definitions of fair market value in various recognized sources in the appraisal literature. The term “fair market value” is synonymous with “market value.” This definition of Market Value is in accord with the general definitions that are present in any appraisal terminology. Implicit in these definitions are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • Buyer and seller are typically motivated. • Both parties are well informed or well advised, and acting in what they consider their own best interest. • A reasonable time is allowed for exposure in the open market. • Payment is made in cash or its equivalent. • Financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale. • The price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs or credits incurred in the transaction. C. Approved Amount and Offer of Just Compensation for General Damages. The result of the appraisal and appraisal review process is an approved amount representing damages to the property in question. The offer of just compensation to be made to a claimant for general damages to real property shall not be less than market value. Under certain circumstances, the offer of just compensation for general damages may be greater than market value. Any acquisition under the threat of condemnation may be said to violate the “willing seller” concept of market value. Therefore, RDA Staff Appraisers are encouraged to recognize and consider the non-market circumstances of eminent domain. Accordingly, the Staff Appraiser may recommend just compensation for general damages in excess of market value. The Staff Appraiser will remind the Fee Appraiser of possible “value in use” considerations above and beyond fair market value. An example where a RDA Staff Appraiser may recommend just compensation greater than market value would be on a claim where the owners have constructed industrial buildings to suit their special and particular needs. The market value of such special use buildings may not adequately recognize their value to the owners. Had it not been for the City needing the land for a project, these owners would likely have continued to use the facilities for many years to their satisfaction, regardless of their market value. This also applies to commercial and residential owners who may have created a unique situation by building in obsolescence or features for which “the market” would assign no value, but which the owners consider desirable and important features. In such cases, what the market would pay (market value) may not fairly represent just compensation for general damages. Establishing an approved amount based on a Staff Appraiser’s recommendation for greater than market value is different from an administrative settlement. An administrative settlement is above the approved amount to be paid for settlement of the claim. D. Offer to Purchase Property Prior to Condemnation & Estimated Just Compensation After Condemnation. Pennsylvania law does not require that an offer of just compensation be made prior to condemnation. However, federal law for federal-aid projects and RDA policy for all projects require a pre-condemnation offer to purchase the property at the approved amount. The offer of just compensation for general damages made prior to condemnation is made to fulfill these requirements, not those of the Pennsylvania Eminent Domain Code. Under Section 307 of the Pennsylvania Eminent Domain Code, a condemnor is entitled to possession of the property condemned only upon a written offer to pay or actual payment to the condemnee the amount of 58 just compensation as estimated by the condemnor. This is consistent with federal law for federal-aid projects and RDA policy for all projects that, absent a right of entry agreement, possession of the required property will not be taken until after payment is made. The estimated just compensation, offered and paid by the RDA under the Pennsylvania Eminent Domain Code after condemnation, will be at least the amount of the pre-condemnation approval. It may also be based on a greater approved amount updated to the date of condemnation. The purpose of the precondemnation offer is to amicably purchase the required property by the execution of a deed without the need for condemnation. On the other hand, the offer and payment of estimated just compensation under the Pennsylvania Eminent Domain Code is for the purpose of securing possession of the required property after negotiations have failed and a condemnation is filed. The claimant then has a right to file for the appointment of a board of viewers to determine whether any additional amount above the estimated just compensation is due for the condemnation. Section 4 RDA APPRAISAL POLICIES & PROCEDURES: THE APPLICATION OF UNIFORM APPRAISAL STANDARDS PURSUANT TO FEDERAL LAW AND STATE EMINENT DOMAIN REQUIREMENTS The Commonwealth of Pennsylvania, Real Estate Appraiser Certification Act (REACA) adopted a broad definition of what constitutes an appraisal. Essentially, an appraisal is any written analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real property. RDA, as a user of appraisal services in order to implement critical elements of its development program, will follow Federal Acquisition Guidelines. A. RDA Appraisal Function and Legal Jurisdictional Authority. The RDA has the power to acquire real property as provided by law. In cases of condemnation, the RDA is required to follow the exclusive provisions of the Eminent Domain Code with respect to both the offer of estimated just compensation (EJC) as well as the determination of all legal elements of damage on the broad question of what constitutes just compensation. The Eminent Domain Code makes no reference to the terms appraisal or appraiser in those provisions that concern either the establishment of just compensation or evidence in legal proceedings. The Code, however, does provide: A qualified valuation expert may, on direct or cross-examination, state any and all facts and data which he considered in arriving at his opinion, whether or not he has personal knowledge thereof, and his statement of such facts and data and the sources of his information shall be subject to impeachment and rebuttal. The Eminent Domain Code, most recently in 2006, incorporates decades of court decisions interpreting the question of just compensation in the Commonwealth. The applicable law of just compensation is dynamic since a court having jurisdiction over RDA could render an opinion that can have an impact on some aspect of the appraisal function in any given case. B. The Legal Authority Governing Appraisal Practice in the Commonwealth. In 1990 the General Assembly enacted the Real Estate Appraisers Certification Act (REACA), to establish an education, certification and regulatory program for the practice of real estate appraising in the Commonwealth. In addition to sound public policy, however, the enactment of REACA was also made necessary by the enactment of a federal law entitled the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Both FIRREA and, by separate provision of state regulatory law, REACA incorporate USPAP as their primary guidance standard for the performance and reporting of appraisals. In compliance with this law, all RDA personnel, acquisition consultants and appraisal consultants performing any aspect of RDA’s appraisal function pursuant to this manual are required to carry the appropriate REACA state certification. The RDA recognizes the professional obligations of state certified appraisers in the performance of its 59 appraisal function and, additionally, certified appraisers are frequently called-upon by the RDA to provide analyses as to real estate value as qualified valuation experts under the Eminent Domain Code. C. The Use of Standard Appraisal Forms. As stated in Section 1, the Appraisal Institute Form AI -100.01 (Appendix A) is the approved RDA appraisal form and will be the standard when conducting assignments involving 1-4 unit residential properties, small vacant lots and small mixed use properties. The RDA prescribes the mandatory use of Appraisal Institute Form AI -100.01 in order to ensure uniform, city-wide compliance with the law, policy and procedures required in order for the RDA to perform its appraisal function. When needed, the RDA Appraisal Division may request a USPAP Narrative Summary Appraisal Report or M&E Report (Appendix B). Section 5 DISTRIBUTION OF PROCEDURE & GUIDELINE MANUAL The RDA Appraisal Division must provide a current copy of the manual to all fee appraisers performing work. The manual is made available to all Staff and Fee Appraisers and will guide appraisers in the appraisal process. The manual also addresses substantive legal principles relating to valuation under the Pennsylvania Eminent Domain Code and provides a copy of the standard RDA Professional Services Contract (Appendix C). Section 6 ELEMENTS OF GENERAL DAMAGES There are two basic categories of general damages—direct and indirect. Direct damages are those paid for land and improvements actually taken. Indirect damages are those paid for negative impacts on land and improvements remaining after the taking. There are several major factors that must be considered and supported in an estimate of just compensation for general damages: 1. The value of the land actually taken (direct damage). 2. The contributory value of any improvement situated on the land taken (direct damage). 3. The contributory value of any machinery, equipment and fixtures forming part of the real estate situated within the land and improvements taken (direct damage). 4. Severance or consequential damages to property remaining after the acquisition, including a reduction in the value of remaining land and a reduction in the value of remaining improvements (indirect damages). 5. A cost to cure is to be considered indirect damages because the cost to cure mitigates indirect damages to the residue that would have been severance or depreciation if let uncured. The appraiser must consider how and why the elements of damage mentioned above affect the after value of the property being appraised. Additional information on various elements of damage is included in the Appraisal Guide included in this Manual. Section 7 COMPENSABLE VERSUS NONCOMPENSABLE ELEMENTS OF DAMAGE There are many elements to consider in appraising real estate. While most of these elements can be considered when appraising for condemnation in Pennsylvania, there are certain elements of damage and other factors that by law should not be considered when appraising for condemnation purposes. The most frequent considerations that raise issues relate to interference with access, business related damages, costs to cure, drainage, change of grade, fencing, retaining walls, flowers, shrubs, trees and other amenities. Any 60 problems encountered by the appraiser or Staff Appraiser in determining if an element of damage or other factor is legally compensable should be referred to the Executive Director, who can then obtain a legal opinion from the General Counsel. Section 8 GENERAL VERSUS SPECIAL BENEFITS Pennsylvania law provides that, in determining the fair market value of property remaining after a partial taking, consideration shall be given to the use to which the property condemned is to be put and the damages or benefits specially affecting the remaining property, due to its proximity to the improvement for which the property was taken. Future damages and general benefits that will affect the entire community beyond the properties directly abutting the property taken shall not be considered in arriving at the after value. Special benefits to the remaining property will in no event exceed the total damages, except where the condemnor is authorized under existing law to make a special assessment for benefits (Section 706 of the Pennsylvania Eminent Domain Code). Special benefits and damages that can be considered in partial taking cases are only those that are peculiar and direct to the remaining property. General benefits and damages that accrue to the community as a whole are not to be considered in arriving at the after value of a property being appraised. Special benefits are those that are direct and peculiar to the particular property, as distinguished from the incidental benefits enjoyed to a greater or lesser extent by the entire general area surrounding the improvement. There is no restriction that the property being appraised is the only property specially benefited by the project. Under the law, special benefits may not exceed the total damages payable; that is, the claimant cannot be requested to pay the RDA. As a matter of policy, the RDA will offer the claimant at least the value of the land actually taken even if the special benefits concept results in a lesser determination of damages. When a Fee Appraiser determines that the special benefits concept applies, the Fee Appraiser must fully explain and substantiate the basis for the determination. Due to the difficulty and sensitivity in applying the concept and ascertaining the extent of any special benefits, the RDA Staff Appraiser must submit all appraisals indicating special benefits to the Executive Director and General Counsel for review and concurrence prior to approval of the appraisal. Section 9 SPECIALITY REPORT If the RDA chooses to obtain a specialty report other than an M&E report, the RDA may do so through another consultant on the project using normal contracting procedures. All Specialty Reports must comply with the provisions of the Competency Rule of the Uniform Standards of Professional Appraisal Practice (USPAP). Section 10 APPRAISER QUALIFICATIONS A. Use of Fee Appraisers. Generally, Fee Appraisers (hired under the ITQ) prepare appraisal reports. Appraisals are generally reviewed by the Staff Appraisers. Both Staff and Fee Appraisers are licensed (board certified) professionals hired to perform appraisals in order to estimate property values and damages to real estate subject to the acquisition activities of the RDA. The State Board of Certified Real Estate Appraisers governs all appraisers working in the Commonwealth of Pennsylvania. All appraisers must maintain a current and valid certification. Qualification Standards for Fee Appraisers 1. Competency Rule 61 It is the responsibility of the appraiser to assure competency in any category of appraisal assignment in which the appraiser works. 2. Appraiser Pre-Qualification a. Except as set forth below, all Fee Appraisers must qualify under the Invitation to Qualify (ITQ) requirements. b. Except as set forth below, all Fee Appraisers must be included on the ITQ list to participate in the RDA’s competitive selection of Fee Appraisers. c. The RDA reserves the right to utilize sole source procedures and to waive prequalification standards when necessitated by the uniqueness or complexity of the appraisal problem or when required for litigation purposes. 3. Categories of Assignment, Required Appraiser Certification & Use of Standard Appraisal Forms a. Category 1 Assignments under the ITQ At minimum residential certification, use of Appraisal Institute Form AI -100.01 b. Category 2 Assignments under the ITQ General certification, use of USPAP Summary Appraisal Report in Narrative Format c. Category 3 Assignments under the ITQ General certification, use of the Machinery and Equipment Report B. Appraisal Certificate Renewal. All appraisers are required to maintain their certification in good standing, which includes continuing education requirements and renewal every two years. The appraiser is required to pay the renewal fee. The Staff Appraiser will monitor the Pennsylvania Department of State Bureau of Professional & Occupational Affairs website to verify certification status of all appraisers doing work for the RDA. The status of all certificates will be reviewed immediately following the expiration of the previous year’s certification. If a licensee does not possess a current, valid license, his/her status will be changed to “unavailable” in the system. The licensee will not receive solicitations or be able to perform as an appraiser as long as his/her status is listed as “unavailable” and they will be notified of this action. It is the responsibility of the Fee Appraiser to notify the RDA Staff Appraiser if their status is to be reinstated. If a Fee Appraiser does not renew their license or if their license has been suspended or revoked they will be notified that further action regarding their contract status is in jeopardy. C. Appraisal Assignments and Activities. When a Fee Appraiser is assigned a Category 1, 2, or 3 Assignment, the individual/s identified by the firm to perform the task will have to hold the required certification and be deemed qualified and knowledgeable by the RDA Appraisal Division. The Appraisal Division will coordinate all RDA appraisal requests, along with managing and reviewing the appraisals. The Fee Appraisers will only work on a category of assignment that their license will permit as set forth in ITQ Categories of Assignment. Under no circumstances will any other RDA staff member act in the capacity of a Staff Appraiser, unless state certified to perform appraisals. D. Conflict of Interest. The RDA will not restrict the tasks that a Fee Appraiser can perform as long as they do not place themselves in a position of conflict. The RDA must monitor the activities of the vendors working on their projects. The appraiser may appraise for and testify for parties other than the RDA in other claims. Personnel shall be of high professional, personal and ethical integrity, and avoid conflicts of interest. The 62 reputation and caliber of the appraiser and their unbiased interaction with the public on behalf of the RDA is of the utmost importance. E. Termination Provisions and Procedure TERMINATION FOR CONVENIENCE: As a Contract of convenience, any Contract can be terminated for no cause. The RDA may terminate for convenience, either in whole or in part, the Contract or any PO or other purchasing document issued pursuant to the Contract if the RDA determines termination to be in its best interest. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. In addition to terminating for convenience, the RDA has the right to terminate the Contract, or any PO or other purchasing document, either in whole or in part, for the following reasons: (a) NON APPROPRIATION: The RDA’s obligations to make payments during any RDA fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When the funds (state and/or federal) are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year period, the RDA shall have the right to terminate, either in whole or in part, the Contract or any PO or other purchasing document issued pursuant to the Contract. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. The reimbursement amount may be paid from any appropriations available for that purpose. (b) TERMINATION FOR CAUSE: The RDA reserves the right to terminate for Appraiser Default under Paragraph 12, Default, either in whole or in part, the Contract, or any PO or other purchasing document issued pursuant to the Contract, upon written notice to the Fee Appraiser. The RDA shall also have the right, upon written notice to the Fee Appraiser, to terminate, either in whole or in part, the Contract, or any PO or other purchasing document issued pursuant to the Contract, for other cause as specified in the Contract or by law. If it is later determined that the RDA erred in terminating the Contract, or any PO or other purchasing document issued pursuant to the Contract, for cause, then, at the RDA’s discretion, the Contract, or PO or other purchasing document, shall be deemed to have been terminated for convenience under the Subparagraph 14a. The Fee Appraiser shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Fee Appraiser be entitled to recover loss of profits. F. City of Philadelphia Business Privilege License A City Business Privilege License will be required of the successful respondent(s). The Business Privilege License and instructions can be downloaded from the City’s website at www.phila.gov/forms/index.html. Section 11 APPRAISAL PROJECT MANAGEMENT The RDA Appraisal Division is responsible for overall appraisal project management; the following are the major steps in the appraisal project management process. A. Project Scope of Work & RDA Staff Field View. An important preliminary step in the appraisal project management is the Project Scope of Work/Field View in conjunction with the Project Managers within the Development Division. This is a first inspection of the proposed project and provides an opportunity for the RDA group discussion of real property. Every effort should be made by the Appraisal and Development Division to be represented at this field view. The Appraisal Division staff members will complete an in-depth field view to assist in preparing the appraisal assignments. Each claim (parcel) will be inspected to observe any improvements that will be affected. Exact details of each claim and comments from the viewers shall be noted; potential areas of 63 concern should be addressed immediately via written order to the Project Manager. The Senior Staff Appraiser will determine the complexity of each case and the associated appraisal problems. Following the field view, the Staff Appraiser completes a scope/concurrence form. This preliminary report provides the Development Division with the concerns and questions. Early involvement and input by the Appraisal Division in this process is crucial. As a result of the field view, the Appraisal Division will set up a file containing rough estimates of the number and type of claims involved. B. Preliminary Data Collection. The RDA Appraisal Division should begin to collect preliminary data for all types of appraisals and include gathering potential comparable sales data and other market data deemed appropriate. Data sources should include but not be limited to the following: public records; various sale data reporting services; real estate agents and multiple listing services; appraisers, owners and tenants; and internal Department appraisals and files. Information collected may include but not be limited to the following: general and local demographic statistics and other pertinent data; zoning maps; codes and ordinances; FEMA flood plain maps; deed restrictions/covenants; land use and subdivision plans; availability of municipal utilities; planning department projections; tax assessment data; environmental reports; and all other information that may pertain or have an affect on the subject property, the immediate neighborhood or the general area. C. Appraisal Assignments. Appraisal assignments should be made after the field view. The Appraisal Division must manage the workload related to the number of appraisals in various projects, time constraints due to letting dates, and the complexity of the appraisal assignments. Consideration must be given to claims that are litigation candidates. Fee Appraisers may be utilized at the discretion of the RDA. Additionally, the Appraisal Division should be consulted to determine if the review function would require a Fee Appraiser’s services. If the appraisal problem is complex or involves the dislocation of a business or resident, the Appraisal Division must initiate procedures for determining whether Assembled Economic Unit Doctrine (AEVD) applies The Appraisal Division may arrange for a pre-appraisal conference if necessary. Reasons for a conference would include the level of complexity of the assignment and the familiarity of the appraisers with RDA requirements. The purpose of this conference is to discuss with the selected appraisers the assignment and the documentation required. The Staff Appraiser, considering the resources available and other circumstances, will assign staff appraisers to applicable assignments. Other assignments will be given to Fee Appraisers under the ITQ. Normally only one appraisal per case will be required. However, the RDA Staff Appraiser, in consultation with the RDA Executive Director and General Counsel, has discretion on the number of appraisal reports required for each parcel and in situations where necessary. D. Coordination of the Review Function. Concurrent with determining the appraisal assignments, the Senior Staff Appraiser will approve the use of the Fee Appraiser, and will be informed on the letting date and the estimated completion dates of the appraisal assignments. The Appraisal Division and/or assigned representative will forward the comments to the Fee Appraiser and be responsible for ensuring a timely response. In order to expedite the process, correspondence may be by fax or electronic transmission. Fee Appraisers (as applicable) will be responsible for providing assigned representative a written response to the review concerns within ten business days of receiving the RDA Staff Appraiser’s written request. The Fee Appraiser must request any extensions in writing and the Appraisal Division approval of the extension must also be in writing. E. Revising and Updating Appraisals. 64 Appraisal revisions may be necessary due to changing circumstances. These may include a legal decision impacting the appraisal problem or a change in local land use or market conditions. Updates within 6 months to one year and/or minor revisions to the appraisal may be requested as part of the fee proposal if the RDA so chooses. F. If the Fee for Updating is Not Included in the Initial Bid. If the fee for updating is not included in the initial bid, then a fee may be negotiated based on fair and reasonable compensation for the work involved. If a revision is required due to extenuating circumstances beyond the control of the appraiser, the fee for such revision is to be negotiated commensurately with the work to be performed. G. Litigation. 1. File Review and Updating Appraisals When a petition for the appointment of viewers is filed, the trial attorney assigned to the case will notify the RDA General Counsel and Senior Staff Appraiser or designee. The Staff Appraiser is responsible for reviewing the file to determine whether any appraisal work is required to proceed to a board of viewers hearing. This will include assuring that a appraisal exists, that the appraiser is available to testify, and that a contract exists to pay the appraiser for preparing and testifying. The RDA must also have the appraisal updated to the date of condemnation and any revisions due to changed circumstances since the effective date of the original appraisal. Although performed by the RDA, all these activities must be coordinated with the trial attorney. 2. Updating Offers Where an updated or revised appraisal is obtained and the case is in litigation, the applicable Staff Appraiser in coordination with General Counsel will inform the trial attorney of whether damages are unchanged or revised. If the approval has been revised, the trial attorney must transmit the revised offer in writing to the claimant and/or his attorney. If a revised offer does not give rise to a legal settlement, the trial attorney shall instruct the RDA to pay the increased amount, if any, to the claimant. 3. Obtaining Specialty Reports Other Than Machinery and Equipment (M&E) Reports The ITQ procedures do not apply to directly hiring experts other than real estate appraisers for claims in litigation. That is, specialty reports other than M&E evaluations are not included under the ITQ procedures. However, similar to non-litigious situations, the ITQ procedures can be used for this purpose where an ITQ qualified appraiser is required to obtain a specialty report from another type of expert as part of their contract with the RDA. The RDA should perform this function through standard contracting avenues, with the assistance of the attorney. In extraordinary circumstances, counsel may assume direct responsibility for processing a service purchase contract for a specialty report needed for litigation purposes. Sole source procedures can be justified for obtaining these services for testimony. Counsel must provide a sole source justification. The justification should be similar to that set forth above for obtaining appraisers and M&E experts in litigation. It must explain that the services are needed for litigation testimony purposes and why the particular expert was chosen. 4. Appraiser Evaluation Form The RDA Staff Appraiser remains responsible for completing an appraiser evaluation at the conclusion of each assignment even though the claim is in litigation. Following a board of viewers hearing or trial, counsel should also complete an appraiser evaluation, to be supplied by the RDA. Counsel should answer all applicable questions, particularly those concerning the appraiser’s testimony. H. Appraisal Services for Emergency Situations. An emergency exists when there is a threat to public health, welfare or safety; when circumstances outside the control of the RDA create urgent needs that do not permit the delay involved in using more formal competitive methods; or in any situation in which the Mayor has declared a state of emergency. Approval is required in writing from the RDA Executive Director prior to using emergency appraisal services. The Appraisal Division may request written fee appraisal quotations in the most expedient manner possible, e.g. fax communication from a minimum of two contractors. The Appraisal Division evaluates the bids and 65 may give the selected appraiser a verbal notification to proceed. Upon receipt and acceptance of an invoice for emergency services, the Appraisal Division will prepare and process the appropriate documentation for payment. I. Payment for Appraisal Services and Penalty. An appraiser will be paid for services upon submission of the report. A penalty may be applied for late submission according to the appraisal contract. Under the ITQ, the Fee Appraiser is required to pay as liquidated damages a sum equal to one percent of the consideration for each working day beyond the designated submission date during which the services have not been completed and submitted or made available to the RDA. The total amount of liquidated damages, if any, shall be deducted from the consideration which otherwise would be payable by the RDA. However, the date of completion and submission or availability may be extended, in writing by the RDA, due to factors beyond the control of the appraiser upon their written request for an extension. In cases in which a penalty is applied, the Appraisal Division will adjust the payment upon submission to the Finance Division. Section 12 APPRAISAL INVITATION TO QUALIFY (ITQ) A. Purpose. The ITQ contract for appraisal services is a multiple award contract and serves as an alternative to the invitation for bid and request for proposal. It enables the RDA to issue a Purchase Order (PO) to acquire services from qualified fee appraiser contractors who are awarded a contract under the ITQ. The ITQ qualifying process is ongoing and contract applications are reviewed and processed as they are received. The purpose of the ITQ and resulting multiple-award contracts is to provide the RDA with appraisal services in connection with the acquisition, sale and lease of property, and to qualify appraisers for these purposes. Effective January 1, 2009, past approved RDA appraisal service contracts will come to an end and will be replaced by appraisers selected through the ITQ. B. Categories of Assignments. Category 1 assignments require a Pennsylvania Residential Appraiser Certification to prepare residential appraisal reports, while Category 2 & 3 requires a Pennsylvania General Certification to perform nonresidential, Machinery & Equipment, and residential appraisals. C. Best Value Option for Selection. Best Value is a new concept for obtaining appraisals as outlined in this ITQ for services over $5,000. Best Value refers to the process of selecting the quote which provides the greatest value to the RDA based on evaluating and comparing all pertinent criteria, including cost, so that the overall combination which best suits the RDA’s needs is selected D. Ordering of Appraisals and Selection Procedures. The ordering procedures fall into three classes based on the cost of the services: $5,000.00 and less; $5,000.01 to $10,000.00; and $10,000.01 and above. There are two alternatives for selecting appraisers when the estimated amount of the assignment is $5,000.01 or greater: low bid and best value. The RDA will make a decision as to which selection alternative will be used for assignments over $5,000.00. The RDA may alter these procedures if they become too cumbersome and replace it with another system. 1. Ordering Procedures (Appraisal Services anticipated to cost $0.00 - $5,000.00) For Appraisal Services anticipated to cost $0 -$5,000.00, the RDA will contact any Fee Appraiser from the list of prequalified appraisers under this ITQ who is qualified for the category of appraisal assignment and has expressed an interest. The RDA reserves the right to solicit interest from a qualified appraiser. The Fee Appraiser will submit a quote signed by an authorized representative. The RDA will issue an authorized purchasing order compatible with the RDA’s most current system providing authorization for work as agreed upon. 66 2. Ordering Procedures (Appraisal Services anticipated to cost $5,000.01 - $10,000.00) a. Low Quote Option: For Appraisal Services anticipated to cost $5,000.01—$10,000.00, the RDA may choose to award the contract based upon low quote when the RDA determines that it is in its best interest to do so. The RDA will solicit via telephone, FAX or e-mail a minimum of three (3) appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment. If available, one of the three (3) appraisers shall be a certified MBE/WBE. Pre-qualified appraisers who have been contacted by the RDA may submit a quote signed by an authorized representative, within the specified time period. The RDA will award to the lowest responsive and responsible appraiser. OR b. Best Value Option: For Appraisal Services anticipated to cost $5,000.01—$10,000.00, the RDA may choose to award the contract based upon best value criteria when the RDA determines that it is in its best interest to do so. The RDA will include the best value criteria that will be applied and detail what information will be required in the quote. For the purposes of this ITQ “best value” refers to the process of selecting the quote which provides the greatest values to the RDA based on evaluating and comparing all pertinent criteria, which may include cost, so that the overall combination which best suits the RDA’s needs is selected. Best value criteria may include, but is not limited to, such evaluation criteria as cost, ability to meet the requirements based upon prior experience with the subject matter of the appraisal, prior experience with the RDA in meeting time requirements, prior performance in delivering quality products, and prior performance in litigation. The RDA will solicit a minimum of three (3) appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment. If available, one of the three (3) appraisers shall be a MBE/WBE. Prequalified appraisers who have been contacted by the RDA may submit a sealed quote, signed by an authorized representative, within the specified time period. The RDA will award to the Appraiser whose quote best meets the RDA’s evaluation criteria to provide the needed appraisal service. 67 APPENDIX A Appraisal Institute Form AI -100.01 68 69 70 71 72 73 74 75 76 77 78 APPENDIX B USPAP Narrative Summary Report & M&E Form 79 Narrative Summary Appraisal Report The Summary Narrative Appraisal Report should contain a summary of all information significant to the solution of the appraisal problem. USPAP Standards Rules 2-2(b)(vii) and 8-2(b)(vii) require a summary of the scope of work used to develop the appraisal and the final Summary Narrative Appraisal Report submitted to the RDA should chart all significant data reported in tabular or abbreviated narrative formats, following the outline below: Summary Narrative Appraisal Report a. state the identity of the client and any intended users, by name or type; b. state the intended use of the appraisal; summarize information sufficient to identify the real estate or personal property involved in the c. appraisal, including the physical and economic property characteristics relevant to the assignment; d. state the property interest appraised; e. state the type and definition of value and cite the source of the definition; f. state the effective date of the appraisal and the date of the report; g. summarize the scope of work used to develop the appraisal; summarize the information analyzed, the appraisal methods and techniques employed, and the h. reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; state the use of the property existing as of the date of value and the use of the real estate or i. personal property reflected in the appraisal; and, when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; clearly and conspicuously state all extraordinary assumptions and hypothetical conditions; and that j. their use might have affected the assignment results; and k. include a signed certification in accordance with USPAP Standards Rule 2-3 or 8-3. 80 Machinery & Equipment Valuation Report Form Parcel Number/Address: Date of Property Inspections: Effective Date of Value: Purpose of Report -The purpose of this Valuation Report is to estimate 1) the Cost New, 2) Cost New In Place 3) Fair Market Value in Place & 4) the Fair Market Value Severed of the Subject Machinery and Equipment as of the Effective Date of Valuation. 1) Cost New (CN) is defined as the current cost of replacing the item described with a new identical model or its nearest equivalent. 2) Cost New in Place (CNIP) is defined as the Transportation and Installation costs plus the Cost New of the item. Installation allowances incorporate the cost of placement, wiring and connections to existing hookups, special assembling, millwright requirements, as well as engineering fee for layout and reasonable administrative cost as applicable. 3) Fair Market Value in Place (FMVJP) is defined as the value the personal property would have, installed in the real property housing a going business, considering such factors as original cost, delivery and installation costs, physical and economical depreciation and functional obsolescence. 4) Fair Market Value Severed (FMVS) is defined as the price that could be realized in the event the machinery and equipment were offered for sale on the open market in a well-publicized sales offering allowing sufficient time for attendance. It is assumed the equipment is sold ‘as is” and “where is” with the timely removal being the responsibility of the purchaser. Additionally, the FMVS would consider the following parameters: Under this premise, an allowance of up to____________( ) months would be allowed to complete all required arrangements for conducting a properly advertised, competently marketed and handled public sale and assumes: •The passing of full title, free and clear of any liens or encumbrances. Two or more interested purchasers, speculators, dealers or users would be attracted to the public sale and actively bid for the assets appraised. •The buyer of the assets would be responsible for all costs of rigging/removal and associated transportation costs to another location. •Any damage or property alterations necessary to facilitate the removal of the assets would be repaired or compensation made by the buyer. •Market/Economic conditions at the time of sale would be comparable to those on the Effective Date of Valuation. Final M & E Value Conclusions: Total (CNIP) - $ Total (FMVIP) - $ Total (FMVS) - $ The appraiser is asked to consider all applicable approaches to value, but to develop only those approaches necessary to produce a credible and persuasive appraisal. _______________________ Signature of M&E Appraiser ____________ Date _____________________ Print Name 81 SUMMARY OF VALUES - Section A The property appraised in this report is known by the M&E appraiser as property owned by the following claimants: Claimant (Indicate Owner or Tenant) Moveable Items (Total of Values from Sections G) FMVIP FMVS Non-Moveable Items (Total of Values from Section H) FMVIP FMVS NOTE: Use Consecutive Page Numbers for additional pages through Section A Machinery & Equipment Valuation Report Form Section A – Page – 1 82 INTENDED USE AND PROPERTY FACTS - Section B Intended User and Intended Use. The Intended User of this report is the Redevelopment Authority of the City of Philadelphia. The intended use of this report is for the acquisition of property by the Redevelopment Authority of the City of Philadelphia for related projects under the Pennsylvania Eminent Domain Code. Brief Description of Property Appraised and Ownership Use of the Subject Property on the Effective Date of Valuation (Brief History & Use Description) NOTE; Use Consecutive Page Numbers through the end of Section B Machinery & Equipment Valuation Report Form Section B - Page -1 83 METHODOLOGY - Section C Summarize the Methodologies used to develop the Appraisal: NOTE: Use Consecutive Page Numbers through the end of Section C Machinery & Equipment Valuation Report Form Section C - Page - 1 84 ITEM DESCRIPTION - Section D Item Number & Description of Personal Property CN CNIP % Good FMVIP FMVS Age Life Analysis Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no Actual Age: Attachment: Effective Age: Remaining Life: Condition: Power Supply/type: Moveable: ___yes ___no NOTE: Use Consecutive Page Numbers through the end of Section D Machinery & Equipment Valuation Report Form Section D - Page -1 85 VALUATION DOCUMENTATION - Section E Cost and Market Data Sources Item Number and Abbreviated Description of Person Property Source of Data NOTE: Use Consecutive Page Numbers through the end of Section E Machinery & Equipment Valuation Report Form Section E – Page – 1 86 PHOTOGRAPHS - Section F Attach Photographs of all major Items or Lots of Items Valued in the report. Each photo must be identified to coincide with the item or lot number Valuation Sections (Original, Digitized or Scanned Color Photos Only) NOTE; Use Consecutive Page Numbers through the end of Section F Machinery & Equipment Valuation Report Form Section F- Page —1 87 SUMMARY LIST OF MOVEABLE ITEMS - Section G List and describe all MOVEABLE Items with concluded FMVIP and FMVS Owner, Claimant, Tenant ________________________ (NOTE: Begin a new page for each owner, claimant or tenant) Item Number & Abbreviated Description of Personal Property FMVIP FMVS NOTE: Use Consecutive Page Numbers through the end of Section G Machinery & Equipment Valuation Report Form Section G – Page -1 88 SUMMARY LIST OF NON-MOVEABLE ITEMS - Section H List and describe all NON-MOVEABLE Items with concluded FMVIP and FMVS Owner, Claimant, Tenant __________________________________ (NOTE: Begin a new Page for each owner, claimant or tenant) Item Number & Abbreviated Description of Personal Property FMVIP FMVS NOTE: Use Consecutive Page Numbers through the end of Section H Machinery & Equipment Valuation Report Form Section H - Page — 1 89 Machinery & Equipment Valuation CERTIFICATION - Section I Parcel Number/Address: Owner(s): (see Sections G & H for breakdown if there are more than one owner) I hereby certify, that to the best of my knowledge and belief The statements of fact contained in this report are true and correct. That the analysis, opinions, and conclusions were developed in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). That such appraisal has been prepared in conformity with the USPAP and Appraisal Procedure & Guidelines of the Redevelopment Authority of the City of Philadelphia. That the appraisal report is subject to the appraisal review process in conformity with USPAP, applicable state and federal law, regulations and public policy. The reported analyses, opinions, and conclusions are limited only by the reported exceptional assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with the assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this report. I have made a personal inspection of the property that is the subject of this report. The property owner(s) and any tenant owners of buildings, structures or other improvements located on the property, or their designated representatives, were provided an opportunity to accompany the appraiser on the inspection of the property. The following owners or tenants did accompany the appraiser on the inspection. The following owners or tenants did not accompany the appraiser on the inspection. Except as NOTED below, no one provided significant personal property appraisal assistance to the person signing this certification. Date(s) of Inspection of the Subject Property: Effective Date of Value: COMMENTS: ________________________________ Signature of M&E Appraiser ___________ Date ________________________ Type or print name Machinery & Equipment Valuation Report Form Section I -Certification Page 90 EXHIBIT “H” ITQ Questions & Answers 91
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