State of Florida Department of Transportation EXHIBIT A, SCOPE OF SERVICES

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1 State of Florida Department of Transportation EXHIBIT A, SCOPE OF SERVICES DISTRICTWIDE PROPERTY AND FACILITY MANAGEMENT SERVICES FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT SIX. PROJECT/PROPOSAL NUMBER: RFP-DOT-18/ JG FINANCIAL PROJECT NUMBER: RFP-DOT-18/ JG Exhibit A Scope of Services Page 1 of 11

2 EXHIBIT A Scope of Services Districtwide Right of Way Property Management and Facility Management 1. Introduction The Department is seeking a Consultant Firm to provide Property and Facility Management Services for the Department s projects in Miami-Dade and Monroe Counties. The Consultant will be responsible for right-of-way property management services, as well as facility maintenance. 2. Purpose of Request for Proposal (RFP) The Department requires the Consultant to have experience in the Department s Right of Way property management clearing and leasing processes in compliance with the Department s Procedures, rules and regulations and local, state and federal laws, rules and regulations. The Department seeks a facility manager Consultant through the RFP process who has experience in managing and operating complex facilities. The facility manager consultant may employ, partner with or jointly submit as a subconsultant a Right of Way Consultant who is qualified to provide Right of Way clearing and leasing services for the Department s projects and management of the Department s portfolio of leased properties within Miami-Dade and Monroe counties. Alternatively, a Right of Way Consultant may also partner with or jointly submit a proposal with a facility property manager as a sub-consultant. Either option is acceptable. The main focus should be on providing both services, right of way property management and facility management, with the ability to perform right of way clearing and leasing services as and when needed. 3. License and Insurance Qualifications a) Consultant must be registered with the Florida State Department of Business and Professional Regulation (DBPR) for real estate services. b) Consultant must have at least one (1) real estate broker and one (1) real estate salesperson licensed by the Florida State Department of Business and Professional Regulations. c) Consultant must have and maintain a current Real Estate Broker s License during the term of the contract. d) Consultant must have at least one employee certified as an Asbestos Inspector and as an Asbestos Management Planner and have a minimum of three (3) years of administrative experience in the asbestos field. RFP-DOT-18/ JG Exhibit A Scope of Services Page 2 of 11

3 e) At least one (1) employee must have at least three (3) years of demonstrated experience in managing commercial and government properties providing facility management and operation. f) At least one (1) employee must have three (3) years experience managing or working on contracts providing Right of Way Clearing and Leasing Services. g) At least one (1) employee must have and maintain an Regional Transportation Authority (RTA) and CSX Certification. h) At least one (1) employee must be certified as a Facility Manager (CFM) or equivalent. The Consultant may use sub-consultants to satisfy any of the above requirements. The CONSULTANT shall have and maintain during the period of the agreement, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675, Florida Statutes, and section , Florida Statues, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this contract/agreement in such the amount of Two Million Dollars ($2,000,000.00). The proposer shall also submit proof of their ability to maintain this professional liability coverage for a minimum of three years after completion of the services of the agreement. The CONSULTANT shall carry and keep in force during the period of the Contract/Agreement and any subsequent renewals a current general liability insurance policy or policies with a company or companies authorized to do business in the State of Florida, affording public liability insurance with combined bodily injury limits of at least Two Hundred Thousand Dollars ($200,000.00) per person and Three Hundred Thousand Dollars ($300,000.00) each occurrence, and property damage insurance of at least Three Hundred Thousand Dollars ($300,000.00) each occurrence. The Consultant must maintain all insurance coverage required and shall provide FDOT with the Consultants office address from which services will be provided. 4. FDOT Responsibilities: FDOT will provide a Contract or Project Manager to administer the terms and conditions of this Contract. 5. Right of Way Clearing & Leasing Services These encompass those services as described in Rule Chapter 14-75, Florida Administrative Code, specifically Rule The Consultant will assist and/or manage the District s Property Management program as requested by the FDOT Project Manager. Responsibilities include, but are not limited to, furnishing the necessary personnel to accomplish these functions by working at the Department s office and in compliance with but not limited to Florida Statute Acquisition, lease and disposal of real personal property, Florida Statute Lease of property for joint public-private development and areas above or below department property and Title 23 Code of Federal Regulations. RFP-DOT-18/ JG Exhibit A Scope of Services Page 3 of 11

4 A. General Responsibilities: The Consultant will provide management and oversight services on in-house projects necessary to coordinate, plan, direct, and control right of way property management activities necessary to certify right of way clear for construction. These activities must be performed in accordance with applicable Florida Statutes, Florida Administrative Code (F.A.C.) Rules, Right of Way Procedures Manual and Title 23 Code of Federal regulations (23 CFR). Prepare a preliminary real property/personal property inventory for each parcel and update the same as appropriate in accordance with FDOT policies and procedures. The Consultant is responsible for having the construction/corridor cleared of any and all improvements within the time frame dictated by the project(s) Construction Certification date. This includes, but is not limited to, the removal and disposal of any encroachments on existing right-of-way or any improvements located in proposed right-of-way that may or may not be delineated by a parcel number (for example, a TIITF reservation). The Consultant shall inspect, determine, and document the need for rodent control. If rodent control is required, the Consultant shall arrange for extermination services. Prepare and process invoices for requesting warrants for property management services including but not limited to demolition, asbestos surveys and asbestos abatement in accordance with FDOT policies and procedures. Review all available information and resolve discrepancies, if any, between parcel inventories, appraisal reports (whether approved or unapproved), relocation inventories, property owner's inventories, and tenant inventories. Prepare salvage value estimate for improvements that are acquired. Maintain an accurate and current working file for each parcel requiring property management services, and forward original documentation to the official records management file within seven (7) working days of receipt. Assist in coordination with any organization, whether public or private, when requested by the Department for the purposes of identifying, investigating and/or re-mediating any environmentally unsafe condition on any parcel. Maintain an inventory of all uneconomic remainders. Consultant is responsible for inspecting all properties, in accordance with FDOT policies and procedures. All inspections shall continue until the letting of the Construction Contract or the Department's disposal of property. The date of the letting or disposal shall be documented in the file. Consultant shall advise FDOT Project Manager of warranted repairs, lawn maintenance, board-up and other maintenance services indicated by on-site conditions and, upon Department approval, make arrangements to secure corrective services through a subcontractor in a manner consistent with Department policies and procedures. At the conclusion of the project submit to the Department s Project Manager a detailed report including an inventory of all potential surplus property acquired and a record of all inquiries for the sale of such surplus. RFP-DOT-18/ JG Exhibit A Scope of Services Page 4 of 11

5 Be available to testify at any hearing relative to property management and/or environmental concerns during the life of the contract. Develop and maintain a production reporting system tracking all critical events, both scheduled and actual, for property management activities. All contracts shall be between the Department and the asbestos contractor, abatement contractor, environmental contractor, and property maintenance contractor (i.e., for rodent extermination, repairs, lawn maintenance, board-up, etc.). All FDOT forms and contract documents shall be provided to the Consultant by the Department. B. Surplus and Leasing Activities: Receive and respond to all inquiries for the sale or lease of surplus real property acquired during the life of the project, including routing requests to declare property as surplus. The Consultant shall submit/route each request for review by all appropriate offices, including, but is not limited to, Drainage, Maintenance, Planning, Environmental Management and Surveying/Mapping. Comments from these offices should be forwarded to the District Secretary along with the request for surplus declaration. Consideration should be given to Departmental policies regarding the resolution of encroachments, access management issues, safety aspects and other related factors arising in the disposition of surplus right of way. After the real property is declared surplus, in writing, by the District Secretary, the Consultant may then initiate action to sell or convey the Department s interest in such real property Including preparation and writing of documents to reflect specific conditions of Sale. These activities must be performed in accordance with applicable Florida Statutes, Florida Administrative Code (FAC) Rules, Right of Way Procedures Manual and 23 CFR. Recommend lease agreements, when appropriate, to the Department, and prepare necessary documents for legal review and execution. To include preparation, writing of addenda and other documentation to reflect specific conditions of leasing. Collect rental payments, only in the form of check or money order, made payable to the State of Florida Department of Transportation, prepare and process required invoices for transmittal of rental payments in accordance to FDOT policies and procedures and forward to the District s Project Manager. Provide the Department with a monthly accounting of all rents due, collected, and delinquent during the given month. Monitor delinquent payments, issue delinquency notices, and attempt to collect delinquent payments. Advise the Department of cases where eviction proceedings are indicated, whether for delinquent rental payment or any other reason. Arrange transfers of utility services and billing to the Department's name when necessary prepare and process required invoices for payment of utilities in accordance with FDOT policies and procedures. Advise all utility services to disconnect service and remove equipment prior to demolition of improvements on each parcel. RFP-DOT-18/ JG Exhibit A Scope of Services Page 5 of 11

6 Receive, investigate and respond to complaints relative to parcels owned by the Department. Advise the District Project Manager of warranted repairs or maintenance services indicated by on-site conditions, and upon Department approval, make arrangements to secure corrective services through a subcontractor in a manner consistent with Department policies, procedures, and law. Consultant should develop and implement a plan for excess property and disposal of surplus real property in accordance with FDOT Policies and Procedures. Ensure insurance certificate for Lessee s are current at all times. C. Demolition and Removal: The Consultant shall assist the Department in the advertisement, procurement and administration of demolition, architectural, general contractor, and/or land planner contracts in accordance with the Department's policies and procedures for competitive bidding. In the course of assisting the Department in the procurement of these contracts, the Consultant will be responsible for advertising (and incurring the cost of advertising) the request for bid in a newspaper of general circulation per Department procedures. The Consultant is also responsible for preparing the Scope of Services sections of these contracts, under the direct review and approval of the FDOT Project Manager. All FDOT contract documents and FDOT forms will be provided to the Consultant by the Department. After an asbestos survey has been conducted and approved and after asbestos abatement activities, if any, have occurred all improvements within the right-of-way shall be demolished when instructed to do so by the Department. Provide complete field supervision of demolition activities to ensure compliance with all Department policies and procedures as well as all terms of the demolition contract. Monitor right of way production progress, and be able to plan, organize and direct the demolition activities to meet certification schedules. All contracts shall be made between the Department and the demolition contractor. D. Asbestos: The Consultant shall assist the Department in the procurement and administration of an asbestos consulting services contract to include, but not be limited to, those activities necessary to conduct asbestos demolition surveys, prepare asbestos abatement specifications, administer abatement contract, conduct abatement supervision, and prepare final clearance activities. Asbestos consulting activities shall be performed under the direction of a licensed asbestos consultant. The Consultant shall review all asbestos documents to insure the documents are properly prepared in accordance with The Florida Department of Labor and Employment Security s (FDLES) State of Florida Building Asbestos Survey Specifications (for surveys); Rules 38I-40 F.A.C. and FDLES s guide for the preparation of operations and maintenance plans (for O&M plans) and the FDLES Standard Technical Specifications for Asbestos Abatement (for abatement specifications) or any other regulations or guidelines replacing such specifications. RFP-DOT-18/ JG Exhibit A Scope of Services Page 6 of 11

7 Reviews will be performed using the Department s checklists for these purposes. Reviews will be completed for each survey, O&M plan, and set of abatement specifications. The reviewer shall be certified as an Asbestos Inspector and as an Asbestos Management Planner and have a minimum of three (3) years of administrative experience it the asbestos field. Consultant shall assist the Department in advertisement, procurement and administration of district-wide contracts. This includes, but is not limited to, maintenance services, asbestos consulting services, asbestos abatement, demolition, architectural, general contracting and activities required to address and resolve any and all environmental issues. The Consultant is also responsible for preparing the Scope of Services of these contracts, under the direct review and approval of the FDOT Project Manager. Consultant should coordinate with the Office of Environmental Management (OEM) regarding environmental issues including, but not limited to, soil and groundwater contamination, as requested by the FDOT Project Manager. The consultant or its sub-consultant shall provide right of way clearing and leasing services in compliance with Florida Statute acquisition, lease and disposal of real and personal property, Florida Statute lease of property for joint public-private development and Title 23 Code of Federal Regulations. The consultant will provide management and oversight services on in-house projects necessary to coordinate, plan direct, control right of way property management activities necessary to certify right of way for construction. In addition, the consultant will provide staff to manage, operate and maintain the Department s portfolio of excess, leased and other properties. All to be carried out in accordance with the FDOT Right of Way Procedures Manual. In particular, Sections 10.1; 10.2; 10.5; 10.6; 10.7 and Guidance Document 9. Right of Way Encroachments as needed by the Project Manager. 6. Facility Operations and Management: The Consultant shall provide management, operation and maintenance services on transportation facilities owned by the Department, such as an intermodal hub/center, truck stop, train station or facilities at or near seaports, airports or any general transportation interchange complex. The Consultant will be required to submit a Technical Plan (including staffing, operating and maintenance estimates) for the facility to be managed, once the facility is identified. All in accordance with good building management practices as recommended by the Building Owners and Managers Institute (BOMI) or Real Estate Institute (REI) or similar professional bodies. The Consultant shall provide staffing for operation, thereafter manage, operate and provide maintenance services for a facility on a 24-hour basis. The Business Plan should cover the day to day staffing, management, security, monitoring of fire and other systems, janitorial services, control and maintenance of parking lots and common areas, maintenance of mechanical and electrical systems, and RFP-DOT-18/ JG Exhibit A Scope of Services Page 7 of 11

8 general upkeep of the facilities to ensure they are secure, safe, clean, sanitary and fully functional for public use. The consultant will provide the Department with regular reports covering the day-to-day operation of the facility to ensure the facility is running efficiently in accordance with good building management practices. The Department will require regular meeting for the purpose of discussing all issues relevant to the performance or administration of this contract and reserves the right to call for additional meetings at any time during the Contract. The Consultant shall engage only Licensed and insured specialist subcontractors to work on mechanical electrical and other specialized equipment. The consultant will be required to arrange or provide the following services; including but not limited to: Transfers of utility services and billing under the Department's name when necessary, prepare and process required invoices for payment of utilities and services in accordance with FDOT policies and procedures. Advise all utility services to connect or disconnect service as necessary. Receive, investigate, resolve and respond to complaints relative to the facility managed by Consultant. Advise the Project Manager of warranted repairs or maintenance services indicated by on-site conditions, and upon Department approval, make arrangements to secure remedial services through a subcontractor in a manner consistent with Department policies, procedures, and law. Coordinate all warranties extended directly to the facility by manufacturers or service providers and ensure adherence to warranty stipulations. Recommend lease or other agreements, when appropriate, to the Department, and prepare necessary documents for legal review and execution; to include preparation, writing of addenda and other documentation to reflect specific conditions of leasing or use. Collect rental payments, only in the form of check, money order or Electronic Funds Transfer, made payable to the State of Florida Department of Transportation. Prepare and process required invoices for transmittal of rental payments in accordance to FDOT policies and procedures and forward to the District s Project Manager. Provide the Department with a monthly accounting of all rents and other monies due, collected, and delinquent during the given month. Monitor delinquent payments, issue delinquency notices, and attempt to collect delinquent payments or recommend when eviction is necessary. 7. Additional Services In addition to the above rates the consultant may bill for parts, equipment, materials and services which are necessary to comply with the Scope of Services to maintain the safe RFP-DOT-18/ JG Exhibit A Scope of Services Page 8 of 11

9 and efficient operation of the facility. These terms shall be negotiated and agreed between the Department s Project Manager and the Consultant before any work commences. Where applicable or appropriate, the Consultant will obtain prices from a minimum of three (3) suppliers/companies and choose the most competitive price or parts in keeping with the manufactures original parts in order to maintain warranties on the remainder of the equipment. The work authorization will specify separately the labor and value of any parts, equipment and materials. Upon completion of work the invoice shall specify the labor and parts, materials and equipment separately. The consultant may be required to provide the following right of way services: a) Support services: When services are beyond the professional ability of the Consultant, the Consultant may be required to retain the services of a sub-consultants, subject to the Departments approval as necessary to support the assignment. b) At the option of the Department, for the life of the contract, the Consultant may be required to provide in addition to facility and property management, additional services for acquisition, relocation and administrative support for projects. c) Additional job classifications and their rates may be authorized by the Department s Project Manager as necessary to complete an assignment. d) Clerical Office Support and Accounts Receivable Services. At the option of the Department, for the life of the contract, the Consultant may be required to provide staffing for clerical office support, accounting and other office support functions. e) Miscellaneous Geographical Information Systems Technology (GIS): The consultant may be required for the life of this contract to provide management oversight or technical support services for the right of way GIS system. The consultant may employ subconsultants to provide all support services as necessary. 8. Position Classification and Descriptions Property Management Job Classifications: Right of Way Manager Right of Way Administrator Senior Right of Way Agent Administrative Assistant Right of Way Agent I Right of Way Agent II Right of Way Technician Facility Management Job Classifications: Contract Administrator Facility Manager Assistant Facility Manager Maintenance Technician RFP-DOT-18/ JG Exhibit A Scope of Services Page 9 of 11

10 (Maintenance on air condition systems, elevators, escalators, electrical & mechanical systems, plumbing & other building and life support systems) Maintenance Technician Assistant (Maintenance on air condition systems, elevators, escalators, electrical & mechanical systems, plumbing & other building and life support systems) Electrician Plumber HVAC Technician Elevator/Escalator Technician Pest Control Landscaping Security Guard Armed Security Guard Unarmed Janitorial Services 9. Project Assignments Individual projects shall be assigned on an "as needed" basis. For each project, the CONSULTANT will be required to respond with a written proposal of the tasks to be conducted as well as a schedule of starting and ending dates and a manpower and cost estimate (personnel, job classification, areas of specialty, percent of time devoted to task and estimated cost). Once the DEPARTMENT and the CONSULTANT agree as to services to be performed and the associated costs, the Project Manager shall furnish the CONSULTANT a Letter of Authorization in accordance with Exhibit B, Method of Compensation. Unless the work is required in response to an emergency declaration by the Secretary of the Department of Transportation, no work shall be commenced by the CONSULTANT until receipt of a Letter of Authorization. Work Authorizations involving facility management and operation services are not eligible for federal reimbursement. Federal funding terms and conditions pursuant to 23 CFR, shall apply to Right of Way clearing and leasing activities. The Consultant shall monitor charges to ensure costs ineligible for federal reimbursement are kept separate from eligible costs, and are billed against the appropriate financial project number. 10. Non- Compliance Failure by the CONSULTANT to comply with the Rules and Regulations stated in this Scope of Service and those that may later be added in shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or contract termination. Failure by the CONSULTANT to comply with safety requirements accordance with Occupational Safety and Hazard Act [Administration] (OSHA), those identified by the DEPARTMENT and/or the Department s Project Manager (or his/her designee), those stated in this CONTRACT/AGREEMENT and those that may added later, shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination. RFP-DOT-18/ JG Exhibit A Scope of Services Page 10 of 11

11 The parties recognize that timely performance by the CONSULTANT is of the essence. Should the CONSULTANT fail to perform the work specified in this CONTRACT/AGREEMENT and cause the DEPARTMENT to intervene to complete the work as specified, all costs incurred by the DEPARTMENT shall be charged to the CONSULTANT and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination. If the DEPARTMENT and/or the Department s Project Manager (or his/her designee) determines that the performance of the CONSULTANT is not satisfactory, the DEPARTMENT may terminate this CONTRACT/AGREEMENT as described in Section 6 of the State of Florida Department of Transportation Contractual Services Standard Agreement. Any necessary default action will be processed in accordance with the Department of Management Services Rule 60A If the CONSULTANT fails to comply with the provisions of the section entitled CONSULTANT RESPONSIBILITIES in this CONTRACT/AGREEMENT and it is not immediately corrected, the DEPARTMENT shall construe that the CONSULTANT is in non-compliance and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination. If at any time during the course of this CONTRACT/AGREEMENT the DEPARTMENT and/or the Department s Project Manager (or his/her designee) brings to the attention of the CONSULTANT a violation of any of the sections in this CONTRACT/AGREEMENT and the violation is not corrected within twenty four (24) hours the DEPARTMENT shall construe that the CONSULTANT is in non-compliance and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination. 11. Termination Reference is made to Paragraph 6 of the Standard Written Agreement, any necessary default action will be processed in accordance with Florida Administrative Code Rule 60A-1.006(3). RFP-DOT-18/ JG Exhibit A Scope of Services Page 11 of 11

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