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1 REQUEST FOR PROPOSALS FOR REVALUATION UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY FOR FISCAL YEAR 2017 WITHIN THE CITY OF NEWBURYPORT, MASSACHUSETTS i

2 REQUEST FOR PROPOSALS FOR REVALUATION UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY FOR FISCAL YEAR 2017 WITHIN THE CITY OF NEWBURYPORT, MASSACHUSETTS I. Introduction... 3 II. Goals... 4 III. Scope of Services... 4 IV. Responsibilities of the Parties... 5 V. Project Requirements... 7 VI Contractor Project Staffing: VII. Deliverables VIII. Required Submittals IX. General Procedures X. Evaluation Procedures XI. Minimum Quality Criteria XII. Comparative Evaluation Criteria XIII. Rule for Award XIV Payment Schedule and Penalty XV Sample Agreement Forms A: CONTRACTOR S ORGANIZATIONAL STRUCTURE B: CERTIFICATE OF NON-COLLUSION C: CERTIFICATE OF TAX COMPLIANCE D: REFERENCES E: PROJECT TIMETABLE AND WORKPLAN F: PRICE PROPOSAL Attachments Proposal Cover Page ii

3 REQUEST FOR PROPOSALS FOR THE UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY FOR FISCAL YEAR 2017 WITHIN THE CITY OF NEWBURYPORT, MASSACHUSETTS I. Introduction The City of Newburyport, Massachusetts is accepting sealed proposals from all interested contractors for the valuation update of real and personal property values in the City of Newburyport for implementation in Fiscal Year 2017, pursuant to the General Laws of the Commonwealth of Massachusetts. This Request for Proposals ( RFP ) is in conformity with the provisions of M.G.L. Chapter 30B, the Uniform Procurement Act. The City is licensed to utilize the Appraisal Vision CAMA Software of Vision Government Solutions, Inc. (VGSI) of Northboro, Massachusetts. Therefore, the Contractor must show familiarity with the system by submitting a list of projects previously worked on that require the use of Vision Appraisal CAMA System. All data entry must be done off-site and transferred to the in-house computer system. Any cost associated with the licensing of the Appraisal Vision CAMA System is the responsibility of the Contractor. The system must be fully loaded with all assessment data before the re-appraisal is completed. The software must provide an interchange file to move data to the City's current billing and collection system (MUNIS). The licensing fee for the Oracle database to be used offsite may exceed $15,000. Contractors should include this fee in their proposal. Any proposal must address the method and costs associated with the conversion of this data. Any conversion is solely the Contractor's responsibility. All data entry will be the responsibility of the Contractor. The contractor shall demonstrate an ability to work with the appraisal system currently in use in the Assessors Office by submitting information pertaining to other projects for which the contractor has used the appraisal system. The contractor shall guarantee certification by the Massachusetts Department of Revenue (DOR) for the valuation date of January 1, 2016, utilizing the City s appraisal system. The Contractor must adhere to all relevant FY 2017 Re-valuation Recommendations as set forth by the Massachusetts Department of Revenue. Sealed proposals will be received and registered in the Office of the Assessor until 4:00PM on February 29, Contractors must be willing and able to address, and provide evidence of their ability to complete this valuation assignment in order to be deemed responsive. The City of Newburyport reserves the right to reject and and all proposals or to waive any informality in the proposals, if it appears to be in the best interest of the City to do so. 3

4 The City also reserves the right to amend this proposal and related services at any time prior to the deadline for submission of proposals. Contractors may bid on both the Real Estate and Personal Property scope of services or may bid on either scope independently. The City reserves the right to award the contract(s) in full or in part determined by the best interest of the City. II. Goals The City of Newburyport has established the following goals for the program to update all real and personal property assessments: GOAL 1) GOAL 2) GOAL 3) Execute contract within one week of contract award Project Manager to meet with City Assessor and BLA Representative within two weeks of contract execution for the purpose of preparing the work plan. Commence project within one month of contract execution. III. Scope of Services a) Subject to the terms and conditions of this RFP, the contractor shall value all real property, taxable and exempt as well as value all taxable personal property including inspecting approximately 50 new Business accounts in the City of Newburyport. Analyze and value approximately 150 second home personal property accounts per guidelines set forth by the Massachusetts Department of Revenue. b) The contractor shall determine the full and fair cash value of all property and usage classification of all real property so described, in accordance with Massachusetts General Laws, Chapter 59 and the Massachusetts Department of Revenue guidelines and directives. c) The valuation and use of all property so described shall be determined as of January 1, The contractor shall value all newly constructed improvements or those incomplete as of this valuation date based on percentage of completion as of July 1, PROFILE OF THE CITY OF NEWBURYPORT The City of Newburyport is located in Essex County Massachusetts and contains approximately 8.4 square miles. The most recent survey conducted by the Newburyport City Clerk s Office estimates the City s population at approximately 17,200. 4

5 Newburyport contains approximately the following number of properties as of January 1, 2016: State Property Code Description Parcel Count Mixed Use Single Family 4, Condominium 2, Two Family Three Family Multiple Houses on One Parcel Multi-Family & Congregate Care & 106 Vacant & Accessory Land Open Space 11 Total Residential 7, Commercial Industrial Chapter Land (61A) Chapter Land (61B) 0 Total Commercial/Industrial Exempt Real Property Taxable Personal Property 658 At this time the Assessors Office staff includes one full time assessor, one full time assistant assessor, one full time administrative assistant. Historically the Assessors Office has updated changes to the improvements of real estate as a result of inspections after receipt of copies of building permits from the building department. Personal property accounts are updated through the review of a Form of Lists received annually. The Assessors Office operates on a Vision Appraisal Software System, with four workstations, and 3 HP Printers. There are no plans to replace this system at the present time. Recommendations for upgrades to equipment and software should be listed as a separate item in the proposal. IV. Responsibilities of the Parties Office of the Assessor/the City: a) Throughout the project, the Assessor will receive periodic reports from the Contractor that will review and evaluate the progress of the project and the Assessor will promptly notify the Contractor as to whether the work performed is satisfactory and timely. 5

6 b) The City shall provide the following data on or before May , unless otherwise specified. c) The City shall provide "parcel identification data" for each parcel, which shall consist of the owner's name(s), mailing address, property location, deed references, property classification and land area in acres or square feet, correct and current to the most recent tax billing date. d) The City shall provide the zoning classification for each parcel, correct and current to the most recent tax year. The City shall also provide one (1) set of zoning maps and a copy of the zoning ordinances covering all parcels, correct and current as of the most recent tax year. e) The City shall provide one (1) set of tax maps covering all parcels, correct and current as of the most recent tax year. The Contractor may rely upon the accuracy of the maps and is not responsible for any errors in the maps or any errors resulting from the use of the maps. Each map will be drawn to scale, be identified by map and parcel numbers and have dimensions and areas of each parcel drawn on the map. f) The City shall continuously and currently update the information referred to in this section to January 1, g) The City shall continuously and currently provide copies of all sales information available to it with respect to the transfer of parcels occurring from January 1, 2015 and ending December 31, Sales that occurred prior to 1/1/2015 and after 12/31/2015 will be considered if so requested by the Massachusetts Department of Revenue, (DOR). Sales provided must be on forms approved by the DOR for reporting sales and must contain proper and correct non-arm s length coding and all other data called for on such Department of Revenue form, including correct map and lot numbers. h) The City shall make available to the Contractor existing property records, or copies thereof. The Contractor shall be responsible for the safekeeping of the records while in its possession. If the City is in need of any such record while it is in the possession of the Contractor, the Contractor shall provide it to the City upon request as soon as possible without causing undue disruption to the work schedule of the Contractor. i) The City shall further assist the Contractor by providing or making available such other information which it possesses or which is conveniently available to it, including, but not limited to, general assessment records and magnetic tapes and tape format/layouts containing pertinent information and data. j) The City shall be required to provide such materials and data in original or duplicated form at the City s option, but in no event shall the City be required to 6

7 provide such which is not reasonably available to it. The Contractor presents that it is aware of the resources of the City and its limitations and, therefore, will require only that additional material and data which is currently available to the City or which may come into its possession from time to time through the normal course of events. k) The City shall provide all property inventory data. Said data shall be current and will include all parcels which have been improved, as evidenced by building permits properly applied for and approved prior to July 1, l) All data collected by the City shall be reported on forms supplied by the Contractor and filled out in accordance with its instructions. The Contractor: The Contractor will be responsible for fulfilling all requirements stated in this RFP, contractor s proposal and executed contract in a timely fashion and in a professional and satisfactory manner. V. Project Requirements Project Timetable & Work Plan Public Relations Project commencement Public relations plan Local staff training Valuation testing Valuation Valuation field review Personal Property Update Assessors review DOR preliminary review for certification Final work products delivered for review The City and the Contractor will cooperate in maintaining good public relations throughout the period of this project. The Contractor will coordinate all activities necessary to promote public understanding, awareness and cooperation in conjunction with the entire project. 7

8 Local Staff Training Training for the Assessor and staff will consist of on-the-job training. On-the-job training will include, but not be limited to, the Assessors and office staff working in the appropriate phases of this project under the Contractor's supervision. Data Collection The Contractor will identify each parcel in accordance with the applicable Department of Revenue's "Guidelines for Classification of Property According to Use, Property Type Classification Codes". Sales Verification The Contractor will verify, in accordance with this Statement of Services, the property inventory data for those properties located throughout the City which have sold in the complete calendar year prior to the valuation date for this program. The purpose of this verification is to enable the Contractor to produce a machinereadable file for valid arms-length sales, describing inventory status as of the date of sale. The Contractor will verify this data for all sales occurring until the valuation date of this program. The Contractor will develop and provide the Assessors with appropriate written documentation for the sales verification effort. Valuation Testing Manual or computer assisted valuation testing for all types of property will take place subsequent to sales verification. All valuation testing must be reviewed and approved by the Assessors before commencement of the valuation production. Valuation The Contractor will compute, to the nearest One Hundred Dollars ($100.00), the value of all properties within the scope of this Statement of Services. A minimum of two (2) approaches to value from the following three (3): sales comparison, cost or income, will be employed for all income-producing properties. Income-producing properties include, but are not necessarily limited to, the following types: primarily commercial/multiple-use properties; apartments over four units; hotels and motels; storage, warehouse and distribution facilities; discount and department stores; shopping centers and malls; supermarkets; small retail properties; office buildings; medical office buildings, research and development facilities; and properties within industrial parks. 8

9 The minimum requirements for each of the three (3) major approaches to value, as well as land valuation, are outlined in the following sections. The Contractor will describe the approach to value which will be applied to each type of property within the scope of these project requirements and scope of services. Sales Comparison Approach The Contractor will employ a market adjusted cost approach. It is a system that is very easy to explain to the taxpayer, as well as a system which is very familiar to the Massachusetts Department of Revenue Certification Team. This approach is used on residential properties with its starting point based upon replacement cost approach values. It is then fine-tuned by adjusting these replacement cost values based upon market sales activity, segmented and segregated by the most pertinent property characteristics. Land valuation will be accomplished through a sales ratio analysis of vacant sales, as well as an overall property ratio analysis, deducting improvement values and extracting land values from the improved sales. Each neighborhood, street by street, will be rated for desirability using a site index, which provides a factor that may be applied to a base square foot schedule to account for differences in location. In addition, condition factors will be applied to account for negative or positive influences on value such as topography, view, irregular lot shape and other factors. Overall property values, including improvement value, will be verified by the sales ratio analysis, segregated by the pertinent value related factors of each property. This analysis will be done within various categories, including style of home, segmented by size and age group, by lot size and location factors. This analysis enables the Appraisers to fine-tune the replacement cost approach for each property to create a mirror image of market sales activity within the City. Regarding commercial/industrial properties, the market value approach will be employed on properties not utilizing a combination of the replacement cost approach and the income approach. For commercial/industrial properties that are basically non-income- producing, the secondary approach will be the market approach, utilizing the square foot values derived from the sales analysis for the particular use type of the property. Square foot values will be segregated by type, including industrial, warehouse, retail, etc. and will provide reasonable ranges for per square foot sale prices of building areas. Land value, once determined, will be added to building value for an estimate of total value. Cost Approach The cost approach to value will be employed for both residential and commercial/industrial properties as follows: 9

10 Information derived from cost analysis will provide the basis for determining the unit-in-place and replacement cost pricing schedules used in the valuation of residential and commercial/industrial properties. Subsequent to the determination of replacement cost pricing schedules and the establishment of land values, the Contractor will analyze the sales of improved properties in order to derive an estimate of physical and functional depreciation and economic obsolescence. A report of this study of sales of improved properties will be made to the Assessors, listing the comparison subjects and detailing the schedules of adjustments to be made prior to valuation production. Physical and functional depreciation and external obsolescence (i.e. location obsolescence and economic obsolescence) will be computed to be the difference between the selling price of the total property and the sum of the estimated replacement cost new of the improvement plus the estimated land value. Provided that a sufficient number of sales are available, guidelines in the form of tables based upon the condition, desirability and usefulness of a building relative to its actual age will be developed. After approval by the Assessors, these tables will be used to estimate the depreciation of comparable subject properties. Income Approach The Contractor will review and screen income and expense reports furnished by the parcel owner, or prepared as a result of interviews with the property owner; will determine the validity of the data and will make any necessary adjustments on the basis of the Contractor's appraisal knowledge of income and expense data of comparable properties. The City shall be responsible for the postage and the mailing of income and expense forms. A report containing documentation and derivation of rent schedules, expense ratios and capitalization rates shall be submitted to the Assessors for review prior to the commencement of the valuation field review. A value determined by the income approach to valuation will be made for each income-producing property. The income and expense statements will become the property of the City. Land Valuation 10

11 Basic square foot values for all parcels shall be established for land throughout the City after an evaluation by the Contractor of all factors affecting the market value of lots and parcels. Factors to be considered shall include the quality of the neighborhoods, zoning restrictions, size, frontage, depth, shape and topography of the parcels, and all other factors considered relevant in the establishment of land values for each of the various classes of property. These land unit values will be determined as a result of an analysis of recent sales of comparable properties, either within the City or within an agreed upon area of the state, or by using a land residual approach. Any land classified by the Assessors under Massachusetts General Laws Chapter 61A as in agricultural or horticultural use will be valued after consideration of the current guidelines issued by the Farmland Valuation Advisory Commission. Preliminary Certification Review The Commissioner of Revenue must conduct a certification review to determine whether the new values resulting from this project represent full and fair cash value (i.e. market value). As a condition of successful project completion, Contractor's work product will meet all certification requirements of the Commissioner. Valuation Field Review The Contractor will be responsible for any necessary field review of value estimates. The personnel conducting this phase of the program will have two (2) years mass appraisal and field review experience and knowledge of the valuation techniques employed in the City, as well as complete familiarity with the valuation project. It is understood that the Contractor will have the ability to exercise judgment in making final value estimates. The Contractor, in order to ensure valuation accuracy and consistency, will be required to document such judgment. Documentation for changing any computer generated value estimates will also be required. All such documentation shall be the property of the City. If valuation changes are made due to data error, the data will be corrected on the computer and/or manual file by the Contractor. All values produced by the Contractor will be given to the Assessors for final review and for a determination as to whether the Contractor's work product is satisfactory for the purposes of requesting a certification review by the Commissioner of Revenue. The Contractor will provide the Assessors with all valuation models and schedules, property record cards, sales analyses and field 11

12 documents necessary to conduct this review. These documents will become the property of the City. Certification of Values As a condition of successful project completion, the Contractor's work product will meet all certification requirements of the Commissioner. Defense Of Values The Contractor will provide expert witnesses to represent the City at all appeals to any court, the appellate tax board or otherwise, of valuations and/or classifications resulting from this project. The expert witnesses will have performed a visual review of the property. The Contractor will furnish these services, including comprehensive written appraisal reports if required. On the price proposal form for this RFP, the proposer must disclose whether all work related to defense of values is included in the total project price or whether the proposal is for a per diem rate for these services. The per diem rate must be disclosed and will be evaluated by the RFP Evaluation Team. If the per diem rate is applicable only after a certain number of defense of values is reached, the number included in the contract price and the per diem rate to be applied after that number is reached must be disclosed. Business and Second Home Personal Property Data Collection and Valuation The Contractor will analyze and update all personal property replacement costs and depreciation schedules so that they reflect market prices as of January 1, All work will be performed utilizing the City's current data. Valuation Field Review The contractor is responsible for the field review of parcels to verify the application of the valuation methodology employed has resulted in the uniform and consistent valuation of properties. Individuals conducting this phase of the program must have valuation expertise, field review experience and knowledge of the valuation techniques employed in the municipality, as well as complete familiarity with the reassessment project. Person(s) responsible for this phase must be clearly identified in the contractor s proposal, as outlined in Section 5. The City retains the option of deciding to do part or all of this work with department personnel Preliminary Certification Review 12

13 Before public disclosure activities are commenced, the Commissioner of Revenue must conduct a certification review to determine whether the new values resulting from this project represent full and fair cash value. As a condition of successful project completion, the contractor s work product must meet all certification requirements of the Commissioner. This will include submission of the Revaluation Work plan & Service Contract completed jointly by the contractor and the City. VI Contractor Project Staffing: The Contractor will be responsible for the supervision of all phases of work in this project. The Contractor will disclose its organizational structure to manage this project on FORM A: Contractor s Organizational Structure. Contractor Labor: The Contractor shall perform the valuation update in the proposed project time frame as indicated on FORM D: Proposed Timetable and Workplan, utilizing the above Contractor s Organizational Structure to achieve satisfactory results. Resumes of each individual set forth in the organizational chart shall be provided to the City as an exhibit hereto, which include prior work experience: dates, positions, responsibilities for each employer; education and professional affiliations for each individual. All personnel meet the qualifications required by the Commissioner of Revenue in 830 C.M.R.59.1A.1(3). Any proposed changes in the project staffing plan submitted as part of the proposal will be submitted to the City, in writing, for review and approval. The City shall notify the Contractor of the acceptance or rejection of any staff substitutions within fifteen (15) business days of the receipt of the proposed changes. The City shall reserve the right to make the final determination regarding the acceptability of proposed personnel changes. VII. Deliverables a) All documents, reports, records, data or other material in whatever form, manual or mechanized, obtained or produced during the performance of this project shall be the sole property of the City and shall be delivered during an appropriate phase of or at the conclusion of the project, as required by the City. The documents, reports, records, data and other materials shall include, without limitation, the following deliverable products: b) Documentation of procedures used throughout the project. 13

14 c) All training materials and manuals used in any phase of the project. d) The data collection and valuation manual which will enable the City to maintain and update its values. e) The depreciation schedule and source of information used for its development. f) Income and expense statements for parcels utilizing the income approach. g) A property record card for each parcel, printed by the contractor plus a CD of all property records in PDF format. h) All manual and computerized reports which support values and valuation formulas. i) All materials and documentation used on the land valuation effort. j) Any and all sales ratio studies used in this project. k) Field review documents which reflect original proposed values, adjusted proposed value and any notices relative to action taken from informal hearings. l) Appropriate mechanized file of all properties, their identification, inventory of improvements, all computer-generated valuation and technical documentation describing the organization of data files and record format. This is necessary for user understanding. m) At the conclusion of this project, the Contractor shall provide the City with a computerized list of all owners of record and new values to be utilized by the City for public disclosure. VIII. Required Submittals To be responsive, each prospective proposer must submit two (2) copies of the proposal, and include all of the information listed below. Each of the two (2) copies of the proposal must be inserted into a single sealed envelope marked RFP # , PROPOSAL FOR THE UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY. The FORM F Price Proposal Price Proposal shall be placed in a separate sealed envelope marked RFP # PRICE PROPOSAL. All of the following information must be included in each copy of the proposal in the following order (if any item is not applicable, include a statement that the item is not applicable): 1. The completed proposal cover page (see Attachment Proposal Cover Page). 14

15 2. A table of contents with page numbers. 3. The name and address of the proposer and brief description of the organization, including a copy of its articles of organization, corporate bylaws, and tax status; together with letters of interest, or other financial commitments, from financial organizations, if applicable. 4. If applicable, a certification executed by the secretary of the corporation indicating that the person signing the proposal has been authorized to do so by a vote of the board of directors. The proposal documents must be signed as follows: 1) if the proposer is an individual, by him or her personally; 2) if the proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; and, 3) if the proposer is a corporation, by the authorized officer, whose signature must be attested by the clerk/secretary of the corporation, and the corporate seal affixed. 5. A completed organizational structure form which is attached at Form A. 6. A fully executed copy of the Certificate of Non-collusion form which is attached at Form B (see MGL c. 268A). 7. A fully executed copy of a Certificate of Tax Compliance form which is attached at Form C (see MGL c. 62C, s. 49A). 8. The completed References form, a blank of which is attached at Form D. 9. The completed Project Timetable and Workplan which is attached at Form E. 10. An explanation of how the proposal complies with each of the Minimum Quality Criteria listed in Section XI, Minimum Quality Criteria, below. 11. An explanation of the level (highly advantageous, advantageous, etc.) at which the proposal complies with each of the Comparative Quality Evaluation Criteria listed in Section XII, Comparative Quality Evaluation Criteria, below, including a clear explanation of the proposer s objectives, including specific actions as to the proposer s technical and management approach to completing this project and how this integrates with the proposed timetable and staffing plan. 12. The Form F Price Proposal Price Proposal shall be placed in a separate sealed envelope marked RFP # PRICE PROPOSAL. 13. Proposers must meet all of the goals listed in Section II, Goals, above. In addition, proposers must comply with the requirements specified in Section VIII, Required Submittals, and Section IV, General Procedures, below. 15

16 IX. General Procedures A legal advertisement noticing the availability of this RFP will be placed in The Newburyport Daily News on February 5, 2016 and has been posted on the City of Newburyport s website at since February 2, In addition, notice of the availability of this RFP has been conspicuously posted at the Newburyport City Hall, 60 Pleasant Street, since February 2, Those wishing to submit a proposal must obtain a copy of the RFP packet. The RFP packet is now available at the Office of the Assessor from 8 a.m. to 4 p.m. Mondays through Wednesdays, 8 a.m. to 8 p.m. Thursdays, and 8 a.m. to noon Fridays and the City Website: (click on the Businesses link at the top of the page and look under the Procurement section). Proposers may also request that a copy of the RFP packet be ed; contact Heather Rowe at hrowe@cityofnewburyport.com. Proposals are invited and must be received on or before 4:00PM on Monday, February 29, 2016 at the Office of the Assessor, First Floor, City Hall, 60 Pleasant Street, Newburyport, MA Proposals received later than this time and date will be returned unopened as non-responsive. All times will be ascertained by reference to the date and time clock utilized by the Newburyport City Clerk s Office. If City Hall is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, thedeadline for the proposals will be extended until 4:00PM on the next normal business day. Proposals will continue to be accepted until that time. A proposer may correct, modify, or withdraw a proposal by written notice received by the City prior to the time and date set for the opening of the proposals. Each modification to proposals must be submitted in a sealed envelope clearly labeled Modification #1, Modification #2, etc. Each modification must be numbered in sequence and must reference the original RFP by name and number (RFP # : PROPOSAL FOR THE UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY). After the opening of the proposals, a proposer may not change any provision of the proposal in a manner prejudicial to the interests of the City or fair competition. Minor informalities will be waived, or the proposer will be allowed to correct them. Minor informalities are minor deviations, insignificant mistakes, and matters of form rather than substance, of the proposal, that can be waived or corrected without prejudice to other offerors, potential offerors, or the City of Newburyport. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct proposal, and the proposer will be notified in writing; the proposer may not withdraw the proposal. A proposer may withdraw a 16

17 proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct proposal is not similarly evident. The agreement with the successful contractor must be executed within sixty (60) days after the opening of the proposals. The City may cancel this RFP, or reject in whole or in part any and all proposals, if the City determines that cancellation or rejection serves the best interests of the City. The City also reserves the right to select the winning proposal based on the evaluation of the proposer s overall submittal, and the extent to which the proposal meets the evaluation criteria in this RFP. Thus, the City may exercise its right to select a proposal that may not have offered the lowest price. If any changes are made to this RFP, an addendum will be issued. Addenda will be mailed or ed to all proposers on record as having picked up the RFP. Questions concerning this RFP must be submitted in writing to: Heather Rowe, Chief Administrative Officer, City Hall, 60 Pleasant Street, Newburyport, MA Questions may be delivered or mailed to this address; or ed to hrowe@cityofnewburyport.com. All questions must be received by 4:00 p.m. on Tuesday, February 23, Written responses to questions will be mailed or ed after this deadline to all proposers on record as having picked up the RFP. X. Evaluation Procedures The City Assessor s Office, Chief Administrative Officer and Finance Director (hereinafter the Evaluation Team) will screen the proposals for completeness. Proposals deemed to be incomplete will be rejected. The Evaluation Team will then review each completed proposal to ensure that it meets all of the minimum quality criteria listed in Section XI, Minimum Quality Criteria, below. Those proposals that meet all of the minimum quality criteria, and that are determined to be responsive, will be further reviewed using the Comparative Quality Evaluation Criteria listed in Section XII, Comparative Quality Evaluation Criteria, below. The Evaluation Team shall recommend to the City which proposer offers the most advantageous proposal that which is a responsible and responsive proposer taking into consideration price and non-price proposals. XI. Minimum Quality Criteria Following are the Minimum Quality Criteria that proposers must meet. Failure to meet these Minimum Quality Criteria will result in the immediate rejection of the proposal. Proposers must clearly indicate, and explain in detail, compliance with these Minimum Quality Criteria in a separate chapter of the proposal (see Section VIII, Required Submittals, above). 17

18 1. The vendor must provide evidence of having successfully completed ten or more other DOR approved recertification projects on the Vision Software over the last 10 years. 2. The vendor must provide evidence of qualified staff to measure and list real and personal property and develop a schedule of values for all real and personal property. 3. The vendor must submit a project timetable that is sufficient to complete the project and will allow the City to produce fiscal 2017 tax bills in a timely manner. Any proposal which cannot meet with a September 1, 2016 completion date will be rejected. XII. Comparative Evaluation Criteria Each of the Comparative Quality Evaluation Criteria below contain ratings of highly advantageous, advantageous, not advantageous, and unacceptable. Proposers must clearly indicate, and explain in detail, the level of compliance with these Comparative Quality Evaluation Criteria in a separate chapter of the proposal (see Section VIII, Required Submittals, above). 1. Contractor experience with revaluation programs in Massachusetts working with the latest version of Appraisal Vision software: Unacceptable: No experience in Massachusetts. Not Advantageous: Fewer than fifteen mass appraisal projects in Massachusetts. Advantageous: Fifteen or more successfully completed mass appraisal projects in Massachusetts. Highly Advantageous: Twenty-five or more successfully completed mass appraisal projects in Massachusetts using the Vision Appraisal Version 6 or greater. 2. Qualifications and experience of staff to be assigned to this particular project. Unacceptable: No mass appraisal experience. Not Advantageous: Mass appraisal experience of some of the staff as a Commercial Appraiser or Senior Residential Appraiser. Advantageous: Mass appraisal experience over five years of the Staff. The Project Supervisor, Commercial Appraiser and/or Senior Residential Appraiser having over ten years experience. Highly Advantageous: The entire proposed appraisal staff has at least ten years of Massachusetts Mass Appraisal Experience. The project manager has a minimum of twenty years Mass Appraisal experience with 18

19 at least ten years in a managing role and holds an MAI or equivalent designation. 3. Contractor financial stability: Unacceptable: Proposer insolvent. Not Advantageous: Proposer s circumstances suggest financial instability. Advantageous: Proposer appears to be financially stable. Highly Advantageous: Proposer can demonstrate having long-term financial stability. 4. Level of satisfaction with Contractor s performance or other Massachusetts Cities and Towns for which Contractor has performed a Revaluation/Update. Unacceptable: More than one municipality reporting difficulty with Contractor performance. Not Advantageous: One municipality reporting difficulty with contractor performance. Advantageous: No municipalities reporting difficulty with Contractor performance and at least five reporting high satisfaction. Highly Advantageous: No municipality reporting difficulty with Contractor performance and at least ten reporting high satisfaction. 5. Proposer s cost of preparation and defense of values at the Appellate Tax Board. Unacceptable: Contractor will not prepare or defend values at Appellate Tax Board Not Advantageous: Contractor will charge an hourly fee for each preparation and each defense of values at the Appellate Tax Board (included in the cost proposal). Advantageous: Contractor will charge a one-time set fee for all preparations and defenses of values at the Appellate Tax Board (included in the cost proposal). Highly Advantageous: Contractor will not charge a separate fee for all preparations and defenses of values at the Appellate Tax Board; this service is included with the proposal. All proposals are required to incorporate by reference the specifications outlined herein, and all proposers will be required to sign the standard City of Newburyport contract, a sample of which is attached hereto and incorporated by reference herein (see XV Sample Agreement). Any portion of the proposal which the vendor intends to subcontract, must meet all the applicable criteria of the request for proposals and specifications. 19

20 XIII. Rule for Award The proposal selected for award of this contract will be the most advantageous proposal from a proposer who is both responsive and responsible, taking into consideration price and all other evaluation criteria set forth in this RFP. A responsive proposer is one that meets all of the basic requirements as outlined in this RFP, and whose proposal contains the required information and properly executed forms; a responsible proposer is one who possesses the capability, integrity, and reliability to enter into a contract for this project with the City of Newburyport. XIV. Payment Schedule and Penalty Payments shall be made to the Contractor monthly, based on the portion of work completed and delivered to the City during the preceding month. No payments will be made until the work is approved by the Office of the Assessor. The Office of the Assessor will review each monthly invoice and, within twenty (20) business days of its receipt, either approve it for payment as follows or return it to the Contractor with a written statement of reasons for its rejection. All monthly progress reports and work completed forms are subject to the review of the Massachusetts Department of Revenue for certification purposes. Upon the Assessors' determination that the work performed for the preceding month has been satisfactorily completed according to the work plan and time schedules, a percentage payment representing ninety percent (90%) of the amount billed for that month shall be paid to the Contractor. If the Assessor determines that the Contractor's invoice is inaccurate, the Assessor shall give written notice as stated above, specifying exactly what is unsatisfactory by item, and the Contractor shall make every reasonable attempt to correct the inaccuracy. The Assessor shall retain the right to delay payment, only for the specified item, until said item is resolved to the satisfaction of both the Assessor and the Contractor. Upon satisfactory resolution, the Assessor shall authorize payment to the Contractor the said amount due, less ten percent (10%). The remaining ten percent (10%) will be paid to the Contractor within sixty (60) calendar days following the satisfactory completion of all terms of the agreement, with the exception of Defense Of Values. Additional Retainage: If the Assessor determines that, due to the fault of the Contractor, the project is not progressing satisfactorily, an additional forty percent (40%) of the specified item as defined in 7.3 above can be retained. If the problem is rectified within thirty (30) calendar days to the satisfaction of the Assessor, the forty percent (40%) will be submitted to the City Auditor for payment at this time. 20

21 If the problem is not rectified within the stated thirty (30) day period, the Assessor will determine whether the forty percent (40%) will be retained until the satisfactory completion of all terms of this agreement. 21

22 XV. Sample Agreement The following provisions shall constitute an Agreement between the City of Newburyport, acting by and through its, hereinafter referred to as "City", and,with an address of hereinafter referred to as "Contractor", effective as of the day of, 20. In consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE 1: SCOPE OF WORK: The Contractor shall perform all work and furnish all services necessary to provide the City with. The Contractor shall perform all work in accordance with the specifications contained in Attachment A. ARTICLE 2: TIME OF PERFORMANCE: The Contractor shall complete all work and services required hereunder on or before. Written agreement between the City and the Contractor is required to extend the timeframe if completion is not achieved by said date. ARTICLE 3: COMPENSATION: The City shall pay the Contractor for the performance of the work outlined in Article 1 above the contract sum of in accordance with the provisions of the specifications, or as set forth in an attachment hereto. The Contractor s total lump-sum fee for the services described herein, inclusive of all reimbursable and out-of-pocket expenses (travel, printing, reproductions, delivery, legal ads, mailing, etc.) shall not exceed the amount of without prior written approval of the City. The Contractor and its sub consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the City. The project shall be invoiced on a monthly basis based on a percentage of tasks completed. All invoices should include a narrative describing services accomplished, and a progress report showing the percentage completed of each phase of the required services. 22

23 All materials produced shall become the property of the City. ARTICLE 4: CONTRACT DOCUMENTS: The following documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein: 1. This Agreement. 2. Amendments, or other changes mutually agreed upon between the parties. 3. All attachments to the Agreement including the RFP and Successful Proposal. In the event of conflicting provisions, those provisions most favorable to the City shall govern. ARTICLE 5: CONTRACT TERMINATION: The City may suspend or terminate this Agreement by providing the Contractor with ten (10) days written notice for the reasons outlined as follows: 1. Failure of the Contractor, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. 2. Violation of any of the provisions of this Agreement by the Contractor. 3. A determination by the City that the Contractor has engaged in fraud, waste, mismanagement, misuse of funds, or criminal activity with any funds provided by this Agreement. ARTICLE 6: INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the City and its officers, agents, and all employees from and against claims arising directly or indirectly from the contract. Contractor shall be solely responsible for all local taxes or contributions imposed or required under the Social Security, Workers' Compensation, and income tax laws. Further, the Contractor shall defend, indemnify and hold harmless the City with respect to any damages, expenses, or claims arising from or in connection with any of the work performed or to be performed under this Agreement. This shall not be construed as a limitation of the Contractor's liability under the Agreement or as otherwise provided by law. ARTICLE 7: AVAILABILITY OF FUNDS: The compensation provided by this Agreement is subject to the availability and appropriation of funds. ARTICLE 8: APPLICABLE LAW: 23

24 The Contractor agrees to comply with all applicable local, state and federal laws, regulations and orders relating to the completion of this Agreement. This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts. ARTICLE 9: ASSIGNMENT: The Contractor shall not make any assignment of this Agreement without the prior written approval of the City. ARTICLE 10: AMENDMENTS: All amendments or any changes to the provisions specified in this Contract can only occur when mutually agreed upon by the City and Contractor. Further, such amendments or changes shall be in writing and signed by officials with authority to bind the City. Additionally, all amendments and changes shall be approved by the City Auditor prior to execution by the awarding authority. No amendment or change to the contract provisions shall be made until after the written execution of the amendment or change to the Contract by both parties. ARTICLE 11: INSURANCE: The Contractor shall be responsible to the City or any third party for any property damage or bodily injury caused by it, any of its subcontractors, employees or agents in the performance of, or as a result of, the work under this Agreement. The Contractor and any subcontractors used hereby certify that they are insured for workers compensation, property damage, personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated. General Liability Bodily Injury Liability: Property Damage Liability (or combined single limit) Automobile Liability Bodily Injury Liability: Property Damage Liability (or combined single limit) $1,000,000 per occurrence $ 500,000 per occurrence $1,000,000 per occurrence $1,000,000 per occurrence $ 500,000 per occurrence $1,000,000 per occurrence Workers Compensation Insurance Coverage for all employees in accordance with Massachusetts General Laws 24

25 Professional Liability Insurance Minimum Coverage $1,000,000 per occurrence The Contractor shall also carry insurance in a sufficient amount to ensure the restoration of any plans, drawings, computations or other similar data relating to the services covered by this Agreement in the event of loss or destruction until all data is turned over to the City. Prior to commencement of any work under this Agreement, the Contractor shall provide the City with Certificates of Insurance which include the City as an additional named insured and which include a thirty day notice of cancellation to the City. ARTICLE 12: ADDITIONAL REQUIREMENTS FOR EVALUATION UPDATE PROGRAM TO MAINTAIN EQUITABLE ASSESSMENTS FOR REAL AND PERSONAL PROPERTY FOR FISCAL YEAR 2017 WITHIN THE CITY OF NEWBURYPORT, MASSACHUSETTS General Laws: The Contractor affirms that it will conduct this project in compliance with the General Laws of the Commonwealth of Massachusetts relating to property assessment administration. Therefore, the Contractor will have a complete understanding of these laws and be cognizant of the role of the Massachusetts Department of Revenue in administering and enforcing these laws. General Laws Compliance: The Contractor will comply with all federal, state and municipal laws, ordinances, rules and/or regulations, including labor laws, those against discrimination, and existing or adopted in the future which are applicable to the Contractor's obligations pursuant to this project. The Contractor and any of its subcontractors, agents and/or employees shall obtain all required permits, franchises, approvals, licenses and/or certificates necessary to perform its obligations under this Statement of Services. Prime Contractor Responsibility: The Assessor has single point responsibility for the entire project. Subcontractors may be used but the Contractor will accept full responsibility for the subcontractor's performance. The Contractor will not subcontract any of its work or part thereof without prior written approval of the Assessor. 25

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