Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.81 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Appraiser--An
				  individual certified by the Texas Appraiser Licensing and Certification Board
				  to provide real estate appraisal services in Texas.
(2) Competitive sealed proposals--A
				  procurement method in which offers are solicited from a number of sources, and
				  selection is made using criteria other than cost, although reasonableness of
				  cost is a selection criterion.
(3)
				  Department--The Texas Department of Transportation.
(4) Department-certified appraiser--An
				  appraiser who has been certified by the department in accordance with §
										9.89
				  of this subchapter to perform real estate appraisal services.
(5) Indefinite delivery contract--A contract
				  that contains a general scope of services, maximum contract amount, and
				  contract termination date in which contract rates are negotiated prior to
				  contract execution, and work is authorized as needed.
(6) Landscape architect--An individual
				  licensed to practice landscape architecture in the state or states that he or
				  she performs professional services.
(7) Mandatory/minimum qualifications--Those
				  qualifications listed in the request for proposals that the provider must
				  demonstrate it meets in order for the proposal to be considered
				  responsive.
(8) Provider--An
				  individual or entity that provides scientific, appraisal, right of way
				  acquisition, or landscape architectural services.
(9) Request for proposals (RFP)--A request
				  for submittal of a proposal that demonstrates competence and qualifications of
				  the provider to perform the requested services and shows an understanding of
				  the specific project.
(10) Right of
				  way acquisition provider (ROW provider)--A firm performing right of way
				  acquisition, including appraisal services, but excluding surveying,
				  engineering, or architectural services.
(11) State-certified general appraiser--An
				  appraiser authorized to appraise all types of real property without regard to
				  complexity or transaction value.
(12) State-certified residential
				  appraiser--An appraiser authorized to appraise 1-4 unit residential properties
				  without regard to transaction value or complexity of the appraisal.
(13) Subprovider--A provider proposing to
				  perform work through a contractual agreement with the provider.
(14) Scientific services--Environmental or
				  cultural studies, analyses, and document preparation services required by state
				  or federal law, for a transportation project within the authority or
				  jurisdiction of the department, and performed by an archeologist, biologist,
				  geologist, historian, architectural historian, or other technical
				  expert.
(15) Technical expert--An
				  archeologist, biologist, geologist, historian, architectural historian, or
				  other non-engineering expert in a natural, social, historical, or environmental
				  science qualified to conduct an environmental or cultural study required by
				  state or federal law for a transportation project. This definition includes a
				  firm or institution employing one or more technical experts.