EXHIBIT "A" SCOPE OF SERVICES CONTINUING SERVICES CONTRACT FOR RIGHT OF WAY CONSULTANT SERVICES. FP1D No. TO BE DETERMINED

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1 EXHIBIT "A" SCOPE OF SERVICES CONTINUING SERVICES CONTRACT FOR RIGHT OF WAY CONSULTANT SERVICES FP1D No. TO BE DETERMINED

2 SCOPE OF SERVICES CONTINUOUS SERVICES RIGHT OF WAY CONSULTANT SERVICES Section Page 1.0 BACKGROUND A PURPOSE A DEFINITIONS A DEPARTMENT RESPONSIBILITIES A LIAISON A COOPERATION AND PERFORMANCE OF THE CONSULTANT A TIME FRAMES FOR SERVICES & ASSIGNMENTS A DETERMINING COMPENSATION FOR EACH ASSIGNMENT A WORK TO BE PROVIDED BY THE CONSULTANT A GENERAL A QUALITY ASSURANCE PROGRAM A APPRAISAL/APPRAISAL RELATED A COST ESTIMATING SERVICES A ARCHITECTURAL SERVICES A ENVIRONMENTAL ASSESSMENT SERVICES A ACQUISITION/NEGOTIATION SERVICES A OWNER/BUSINESS NOTIFICATION A RELOCATION/ADVISORY ASSISTANCE A SUIT INFORMATION A PROPERTY MANAGEMENT A RECORDS MANAGEMENT A LAND PLANNER SERVICES A TRAFFIC ENGINEERING SERVICES A PROJECT MANAGEMENT SERVICES A PRODUCTION CONTROL A PROJECT SCHEDULING SERVICES A PERSONNEL A SUBCONSULTANT SERVICES A COURIER SERVICES A LICENSE REQUIREMENTS A COMPLETION RESERVATION A-19

3 15.0 ADDITIONAL SERVICES A OTHER SERVICES A MEETINGS & REVIEWS A WORK STOPPAGE A-21

4 SCOPE OF SERVICES RIGHT OF WAY SUPPORT 1.0 BACKGROUND This contract requires Consultant Services within the geographical boundaries of District One, consisting of twelve (12) counties. The Department will not identify or provide representation of parcel types prior to award of this contract. This contract is considered to be utilized on an as-needed basis. The consultant may be requested to perform any or all of the following services at the Department's discretion. (The Department does not guarantee any minimum or maximum number of assignments.) As services are identified, the Department shall issue Task Assignments to accomplish the required services. The Consultant shall make available the necessary personnel, facilities, and materials to perform the required services through its own employees, joint venture employees, or employees of subcontractors. The Consultant shall be required to provide, Right of Way support services including, but not be limited to, the following services: a. Quality Assurance Program i. Suit Information b. Appraisal/Appraisal Related j. Property management c. Cost Estimating Services k. Records Management d. Architectural Services l. Land Planner Services e. Environmental Services m. Traffic Engineering Services f. Acquisition/Negotiation Services n. Project Management Services g. Owner /Business Notification o. Production Control h. Relocation/Advisory Assistance p. Project Scheduling Services The Department has allotted 5 years as a maximum amount of time for the completion of this contract. The estimates of numbers of properties and displacements may be subject to change. The Department will provide Right of Way appraisals which will be prepared in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all amendments thereto. 2.0 PURPOSE The Consultant shall be responsible for all right of way production functions as defined in this Scope of Services and referenced manuals and procedures. The projects for which the services are required will vary as needed. The consultant shall provide technical personnel in appropriate numbers and at the proper times to ensure that the responsibilities assigned under this agreement are effectively carried out. All right of way production tasks shall be performed in accordance with the guidelines, standards, procedures and directives that are a part of this agreement, either directly or incorporated herein by reference. A-1

5 3.0 DEFINITIONS (a) Consultant: The consulting firm retained by the Department to perform the right of way productions tasks described in this Scope of Services. (b) Department: The Florida Department of Transportation (The Department). (c) FDOT Project Manager/Coordinator: The Department staff member or his/her designee with overall responsibility and authority to manage the right of way production tasks of the Consultant. (d) Consultant Project Manager. The Consultant's staff member with the overall responsibility and authority to make decisions regarding the production tasks which have been requested of the Consultant. (e) Business Damage Report: A specific type of assignment prepared in accordance with the Department's requirements, describing the impact of a Right of Way acquisition on the income, expenses and/or profits of a particular business. 4.0 DEPARTMENT RESPONSIBILITIES (a) The Department will make available to the Consultant, if needed, a copy of the Department Right of Way Procedures Manual in effect at the time of execution of the right of way consultant contract. The consultant, however, will be responsible for keeping updated on subsequent revisions thereto issued during the life of the contract. (b) The Department will furnish the standard forms required to carry out the technical tasks pursuant to this agreement. (c) The Department will furnish all right of way maps, title searches, and construction plans available at the time of execution of the contract and provide subsequent revisions issued during the life of the contract. The Department will furnish all appraisals, any appraisal updates and all appraisal reviews. (d) Consultant shall be entitled to rely upon that information which may be provided to them from time to time by the Department or others on behalf of the Department, but excluding any sub-consultants of Consultant, as being full, true, accurate and correct, and therefore, Consultant shall have no liability for the accuracy and correctness of such information. Consultant shall, however, call to the Department's attention to any errors or deficiencies noted in such information provided by others and assist, to the extent practicable, the Department in the identification and resolution of same. Information referred to above includes, but is not limited to, right of way maps, drawings, legal descriptions, sketches, title reports, title information, construction plans and the like, including all other information to be provided to Consultant by others and necessary for the completion/execution of Consultants work under the Contract. A-2

6 It is the Departments intention, however, to hold Consultant fully responsible for verifying and obtaining information concerning the status of title that is available to Consultant during its on-site inspections of the individual parcels, and to the extent practicable, verifying documents and information provided by the Department and identifying obvious deficiencies concerning same. The Consultant agrees to incorporate the provisions of this paragraph into any subcontract into which it might enter with reference to the work performed under this agreement. (e) The Department reserves the right to complete any functions assigned under this contract at any time, or if continued past the expiration of this Agreement 5.0 LIAISON The Consultant shall be fully responsible for carrying out all functions assigned to it by this agreement on the right of way projects covered by such agreement. All activities and decisions of the Consultant relating to the projects shall be subject to review and approval by the FDOT Project Manager/Coordinator. The Consultant shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement, necessary for the performance of the responsibilities of the FDOT Project Manager/Coordinator. 6.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT During the life of this agreement, the Department Project Manager and/or the Federal Highway Administration (FHWA) representative may conduct reviews of the various phases of the Consultant's operations. The Consultant shall cooperate with and assist the FDOT Project Manager/Coordinator, or designee, in the conduct of the reviews. When deficiencies are indicated in a review, remedial action shall be immediately implemented by the Consultant in conformance with the Department's recommendations. In general, remedial action shall be required commensurate with the degree and nature of the deficiencies cited. Additional compensation shall not be allowed for remedial action taken to correct deficiencies by the Consultant. 7.0 TIME FRAMES FOR SERVICES AND ASSIGNMENTS Services under this agreement may begin upon written notice from the FDOT Project Manager/Coordinator. Work Assignments may be authorized for a period not to exceed 5 years from the date of execution of this Agreement or until the cumulative lump sum contract amount is reached, whichever occurs first. A-3

7 The duration of services may be extended by a "Letter of Time Extension," if mutually agreed to in writing by the Department and the Consultant, provided that the rate of compensation does not change and the maximum limiting fee for this Agreement has not been reached. This Agreement shall remain in full force and effect until services are completed, or terminated. 8.0 DETERMINING COMPENSATION FOR EACH ASSIGNMENT The Project Manager/Coordinator will determine a maximum allotted amount for each assignment utilizing the hourly rate multiplied by the estimated hours required to perform the assignment. The determination will be based on, but not limited to, the following criteria: complexity of the assignment, availability of data, comparison to similar assignments, input from the consultant, necessity of subcontracted specialists and time frame for completion. Adjustments to this allotment may be made when warranted by the FDOT Project Manager/Coordinator/, and the Consultant may be required to furnish a written justification for increasing the allotment. This will be added by a Letter of Authorization. For each Task Assignment, when services rendered equals seventy-five percent (75%) of the contracted amount, the Consultant shall notify the FDOT Project Manager/Coordinator, in writing, of any potential need for a supplement. If the Project Manager determines that an increase is warranted, additional funds will be incorporated by a Supplement to the Contract. 9.0 WORK TO BE PROVIDED BY THE CONSULTANT 9.1 GENERAL Activation of contract will be initiated by Notice to Proceed. However, since this is a Continuous Services contract, covering twelve counties, the Department does not have a determination of the number or type of parcels and services required, and other task assignments. As services are identified, the FDOT Project Manager/Coordinator will issue assignments to the consultant to perform the requested services by means of a "Letter of Authorization" or Task Assignment The duration of services may be extended by a "Letter of Time Extension," if mutually agreed to in writing by the Department and the Consultant. All work performed by the consultant shall comply with all federal, state and local laws and regulations. The work shall also comply with the Department's rules, policies and procedures. The following work to be performed by the Consultant is applicable to any project. (a) Any person employed by the Consultant for work on this project, in any capacity, shall be available to testify in any eminent domain proceeding, or any A-4

8 other court or administrative matter relating to this project, as deemed necessary by the FDOT Project Manager/Coordinator. (b) Develop an invoicing system such that all amounts billed to the Department can be related to the activity and/or parcel involved, or hourly rate/time. (c) Consultant's Project Manager shall attend meetings, and consult with local officials as requested by the Department. (d) Consultant Project Manager shall prepare a response to the FDOT Project Manager/Coordinator for all audits and/or quality assurance reviews. (e) Provide other administrative support and management activities as deemed appropriate to assist in meeting the right-of-way program. 9.2 QUALITY ASSURANCE PROGRAM (a) Quality Reviews: Quality Assurance (QA) Plan shall be developed and Quality Reviews performed to assure compliance with specific QA provisions to this contract. (b) Quality Assurance Plan: 1. The Quality Assurance Plan shall detail the procedures, evaluation criteria, and instruction to their organization to assure conformance with the contract. 2. The Plan shall include, but not be limited to, the following areas. (a) Organization - A description is required of the Consultant's Quality Control Organization and its functional relationship to the part of the organization performing the work under the contract. The authority, autonomy and responsibilities of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. (b) Quality Reviews - The Consultant's QA methods used to monitor and assure compliance with the contract requirements for services and products shall be detailed. (c) Quality Records - The types of records which will be generated and maintained by the Consultant during the execution of their QA program shall be outlined. (d) Control of Subcontractors and Consultants - The methods used by the Consultant to control the quality of their subcontractors and consultants shall be detailed. A-5

9 9.3 APPRAISAL REVIEW SERVICE A. DESCRIPTION 1. Continuous Services Appraisal Services are required in connection with future acquisitions of Right of Way. Services shall include but are not limited to: 2. Review of comparable sales data sheets and/or project data books, market studies, Valuation reports, etc., for accuracy and compliance with Department requirements. 3. Requesting and obtaining necessary corrections and/or additional data for appraisal reports, writing Review Appraisal Statements that suggest compensation due to the landowner, which are based on market data, and when requested by the Deputy Right of Way Manager, Valuation, preparation of Review Appraisal Reports which reflect suggested compensation. The Consultant will be responsible for all work necessary and incidental to the completion of said items unless otherwise noted herein. B. OBJECTIVES 1. The Consultant will perform all services necessary to assure that assignments specified within this Scope of Services are completed within the specified time limits, comply with Department procedures and guidelines, and suggested compensations are supported by market data. 2. All services shall be performed and all Valuation reports, update reports, and data books are to be reviewed in conformance with the Uniform Standards of Professional Appraisal Practices (USPAP), FSS s Sections 6.1 and 6.2 of the FDOT Right of Way Manual, Topic , Directives and Interim Directions, and the District Appraisal Guidelines (DAG s) Review Instructional Memos (RIM s) which, by reference, are made a part of this Agreement. Upon request, copies of said Section 6.1 and 6.2 of the Right of Way Manual, Directives, Interim Directions, and Guidelines will be provided to the Consultant by the Deputy Right of Way Manager, Valuation. Any future changes to said writings will also be provided to the Consultant by the Deputy Right of Way Manager, Valuation. Most changes are expected to be minor and will not result in additional costs to the Consultant. Changes to the referenced writings that do not result in additional costs to the Consultant must be followed by the Consultant in any future work provided under the terms of this agreement. Receipt of changes by the Consultant that cannot be followed without causing undue additional costs to the Consultant should be immediately brought to the Deputy Right of Way Manager, Valuation A-6

10 attention. The Consultant shall, in writing, request a waiver in the implementation of the changes and a request for additional funds to incorporate the changes. The District R/W Administrator, Valuation will decide to grant a waiver or pay additional funds to incorporate changes to said writings. C. PROVISIONS FOR WORK 1. Valuation Reports: The Consultant shall review all Valuation reports assigned via a Task Work Order under this agreement, for compliance with the USPAP, Topic , Section 6.2, Directives and/or Interim Directions, District Appraisal Guidelines, (Review Instructional Memorandums), the appraiser s contractual agreement, including the proper use of the designated sub-consultant tasks, and generally accepted appraisal practices. 2. Project Data Book including Market Studies: The Consultant shall review all project data books and/or market studies assigned via a Task Work Order under this agreement for compliance with the USPAP, Topic , Section 6.2, Directives and/or Interim Directions, and District Appraisal Guidelines, and the appraiser s contractual agreement. 3. Updates: The Consultant shall review all updated Valuation reports assigned via a Task Work Order under this agreement or for compliance with the USPAP, FDOT Supplemental Standards, Directives and/or Interim Directions, and District Appraisal Guidelines, and the appraiser s contractual agreement. 4. The Department requires all Valuation services, including Review Appraiser s Statements to be in an electronic format unless otherwise instructed by the Department. D. BASIC SERVICES 1. Upon completion of the initial review of work products listed above, the Consultant will obtain any necessary corrections and/or additional data required from the Appraiser. 2. The Consultant shall transmit acceptable Project Data Books, and market studies to the Department s Deputy Right of Way Manager, Valuation, via separate memoranda, indicating that the product has been reviewed, found to be in compliance with Department requirements, and are recommended for acceptance by the Department. This memorandum will accompany the transmitted data book/market study package. (All A-7

11 Valuation services must be delivered in an electronic format unless otherwise instructed by the Department.) 3. In accordance with Section 6.1 of Topic and with the District s Review Instructional Memoranda, the Consultant shall prepare a Review Appraiser s Statement which will accompany the acceptable Valuation reports. The reviewed reports, with the separate Review Appraiser s Statements, will be transmitted to the Deputy Right of Way Manager, Valuation. A transmittal memorandum for each Valuation being transmitted will provide the project and parcel identification numbers, and the names of the Appraiser and the Department s representative. The memorandum will indicate that the Consultant has reviewed the report, found it to be in compliance with the (USPAP), FSS s Section 6.2 of the FDOT Right of Way Manual, Topic , Directives and Interim Directions, and the District Appraisal Guidelines (DAG s) Review Instructional Memos (RIM s), Form C. It must also state the contractual requirements for the Appraiser of Record and designated sub-consultant are completed and consistent with services requested by the Department. A fee review appraiser must indicate suggested compensation on the RAS. Only a Department employee is allowed to establish recommended compensation. 4. RAR: If advised to do so, in writing, by the Deputy Right of Way Manager, Valuation, or his / her designee, the Consultant shall prepare a Review Appraiser Report (RAR), in accordance with Section 6.1 of Topic The Consultant s RAR will provide the Department with the Consultant s estimated compensation. 5. Uneconomic Remnant: The Consultant will analyze the effect of the acquisition on the remaining property and determine the applicability of an Uneconomic Remnant. If the remainder, or a portion of the remainder, is determined by the Consultant to meet the Uneconomic Remnant requirements set forth in Section 6.1 of Topic , the Consultant will so indicate in the Review Appraiser s Statement. E. OPTIONAL SERVICES Optional Services shall be performed at the direction of the Department s Deputy Right of Way Manager, Valuation. No work shall begin on these Optional Services until a Task Work Order is issued in writing by the Deputy Right of Way Manager, Valuation. A. Updates: The Consultant may be required to review updated Valuation reports due to a time lapse, map revisions or changes on the A-8

12 property. Updated reports will be reviewed and processed in the same manner as original basic services Valuation reports. B. Review of Property Owner Appraisals: The Consultant may be requested to review property owner appraisal reports if same are received during the negotiation process. The review of property owner reports received for negotiation purposes will be added to the Consultant s assignment by means of an LOA and a Task Work Order. The land owner reports will require a review process in the same manner as is required for the review of the Department s Valuation report with the following exception: the Consultant is not to contact, or request corrections and/or additional data, from the property owner s appraiser. C. Litigation Support Services: The Consultant may be required to perform litigation support services on those parcels set forth by the Department. If notified by the Department, in writing via an Expert Witness Contract, the Consultant agrees to provide Litigation Support Services up to, and including the date of completion of Litigation at a rate that shall not exceed $ per hour for services required. Litigation Services will be obtained via an Expert Witness Contract issued by the District General Counsel. Litigation services may include, but are not limited to, the following: 9.4 COST ESTIMATING SERVICES (a) DESCRIPTION 1. Pre-trial or pre-hearing preparation 2. Participation in mediation proceedings 3. Preparation of court exhibits 4. Attendance at depositions, pre-trial hearings, or other court hearings 5. Appearance at Order of Taking hearings or trials. 6. Any other services deemed necessary by the assigned attorney to successfully litigate and defend the Department s position in court (planning, engineering, architectural, etc.) 1. Services shall include making estimates for market value of all real estate interests pertinent to the assignment and preparing written cost estimates, specialty reports and updates as required. Such work may include management/administration of sub-consultants whose services may be needed to provide estimates and/or consultation for planning/ engineering, traffic engineering, architectural studies, cost to cure estimates, general contractor, machinery & equipment (M & E) appraiser, environmental estimates, relocation A plans and/or other specialty services that may be required to complete the Scope of Services. A-9

13 (b) OBJECTIVES 1. The Consultant shall perform all services necessary to make estimates of market value and prepare written cost estimate reports, specialty reports and required update for all real estate interests within the specified assignment limits 9.5 ARCHITECTURAL SERVICES Consultant shall comply with all jurisdictional, federal, state, county, and local regulations and meet appropriate codes and professional design criteria for architectural and engineering professions. Appropriately signed and sealed architectural and engineering plans shall be delivered to the Department as required. Consultant may be responsible for providing the Department with cost estimates and performing contract administration which may include, but not be limited to: periodic construction inspection and construction verification reports. A licensed architect or a licensed engineer must prepare signed, sealed architectural and engineering plans and specifications for building demolition and reface of building to match existing design. Sealed plans should include, but are not limited to, architectural, structural, civil, mechanical, electrical, plumbing and landscaping and other necessary services to provide complete contract documents for each project. Plans and specifications will be prepared in accordance with the latest South Florida Building Codes and local zoning and building code requirements. Perform all survey work necessary for the plans preparation. All survey work shall be conducted and approved under the direction of a Florida licensed Professional Land Surveyor. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by the authorized representative, the Department, and as required by construction needs. Provide signed and sealed as-built plans. Consultant shall be responsible for compliance with all building codes, laws and regulations pertaining to the proposed renovations. Consultant may be responsible for filing the required documents to secure all permits required by governmental authorities having jurisdiction over the project. Any other related services provided by a licensed architect or licensed engineer. A-10

14 9.6 ENVIRONMENTAL ASSESSMENT SERVICES When required by the Department, provide a Phase I Environmental Assessment for parcels to be acquired as part of the right of way acquisition program. This Phase I Assessment shall address, as a minimum, the following items. Site ownership and location including any tenants or other occupants. Ownership information will be provided by the Department. Site history and land use (including past facility operations), which shall include a review of historical aerial photographs (a chain of title is not required). Federal, state and local agency record reviews including, but not limited to, any permitting, licensing, compliance and enforcement records pertaining to industrial, solid, hazardous and bio-hazardous waste management, hazardous materials storage or use, under/aboveground storage tanks, domestic waste, potable water, spill and release reporting and any other relevant information. Site inspection including, but not limited to, interviews with property owners and facility operators, a review of on-site environmental file information, under/aboveground storage tank status, hazardous material and waste practices, PCB's, site utilities, general drainage and site topography, and a visual inspection of the subject and adjacent properties. The report shall identify and evaluate potential environmental contamination issues associated with the purchase of a specific parcel and provide recommendations to resolve any outstanding environmental issues. The environmental assessment should be conducted concurrent to the Valuation process where possible. 9.7 ACQUISITION/NEGOTIATION SERVICES Acquisition and negotiation services shall include, but are not limited to: reading approved appraisals; preparing agent's price estimates; preparing offer, agreement, and closing packages; negotiating in good faith; writing and rewriting settlement justifications; thoroughly documenting all contacts with owners, tenants or their representatives; delivering all original documents to the Department; surveying businesses for proper business notification; updating title; updating surveys; securing inventories of real and personal property on all assigned parcels; and effectively coordinating with appropriate staff personnel for the sound closing of parcels and business damage claims. 9.8 OWNER/BUSINESS NOTIFICATION SERVICES (a) Owner Notification services include, but are not limited to: modifying the standard owner notification letter to fit specific projects; compiling an accurate list of property owners and corresponding tax roll addresses; sending out notification letters by certified mail; and maintaining a log of status of notification including date mailed, date received, date returned, etc. A-11

15 (b). Business notification services include, but are not limited to: the initial business survey involving door-to-door interviewing of businesses for specific data to assist in the determination of business damage notification and eligibility, researching corporate information to secure relevant information on each business, compiling survey data in a format specified by the Department, and updating the survey as required; compiling a tracking sheet of all businesses surveyed and deserving of a notification letter; modifying the standard business notification letter to fit the project and parcel; sending out notification letters by certified mail; and maintaining a tracking sheet of notices mailed and received. 9.9 RELOCATION/ADVISORY ASSISTANCE SERVICES Relocation/Advisory Assistance services shall include, but are not limited to: preparing a complete relocation needs assessment survey; surveying potential residential and commercial displacees; matching housing resources with displacees; determining relocation eligibility; preparing and delivering applicable relocation notices and brochures; providing advisory assistance to eligible displacees; preparing payment determinations for relocation housing payments and moving costs; updating all relevant data when necessary; explaining relocation benefits; preparing, and reviewing relocation claims; and making recommendation for the appropriate relocation payments to the Department s designated Project Manager or the Department s District Relocation Administrator. The consultant shall also perform all other reasonable, necessary and related services required for parcel completion SUIT INFORMATION SERVICES Submission of parcels for suit will be coordinated under direction of the Department s designated Project Manager or District Acquisition Administrator. Suit Information services shall include, but are not limited to: coordinating suit information on multiple projects or district wide including coordination with agents for the timely submission of suit information packages, reviewing the same for compliance, and compiling all relevant data for submission to the District General Counsel; verifying suit information on initial contact; updating title information for all interests to be condemned in an eminent domain proceeding; preparing suit information packages; preparing all public disclosure forms for execution; obtaining relevant corporate information from the Secretary of State's office; and furnishing all relevant and necessary documentation to effect a proper order of taking. The consultant shall assist trial and FDOT attorneys with all reasonable and necessary functions and services. A-12

16 9.11 PROPERTY MANAGEMENT SERVICES Property Management services shall include, but are not limited to: conducting inventory and rodent control inspections of properties acquired through the right of way process; determining the need for rodent control and maintenance services; ensuring the right of way is properly cleared of all improvements, personal property, and severable items within the time frame dictated by the right of way certification date for the project(s); preparing bid packages for the disposal of real property acquired; preparing documentation for the initiation of work for district wide property management contracts; coordinating the removal and disposal of any encroachments on the existing right of way; review and approve asbestos surveys and abatement specifications; managing asbestos survey and abatement activities for all buildings acquired on the right of way; field supervising to ensure contract compliance for demolition, asbestos, and maintenance service contracts; preparing, negotiating, and administering right of way property leases including payment collection; preparing salvage value estimates for acquired improvements; reconcile discrepancies between property management inventories and appraisals, personal property inventories; maintaining an inventory of all acquired uneconomic remainders; and coordinating the disposal of surplus property. All consultant property management personnel shall hold valid certifications necessary to effect proper property management functions RECORDS MANAGEMENT SERVICES Records management services shall include, but are not limited to: creating and maintaining district right of way files; reviewing district parcel files for quality assurance; purging and merging right of way files; closing projects; data entry into the District s Right of Way Management System (RWMS); scanning files onto permanent CD ROM; and preparing, reviewing, and processing right of way invoices, local purchase orders (LPOs), contract invoice transmittals (CITs), and purchase card transactions 9.13 LAND PLANNING SERVICES (a) Zoning: 1. Determine and verify zoning designations for each parcel with appropriate governmental entity. 2. Determine and verify status of parcel prior to the Department's acquisition with respect to: a. Existing and pending variance applications b. Legal non-conformities A-13

17 c. Illegal non-conformities d. Any previous or pending zoning applications, or conditional use applications 3. Determine and verify zoning status resulting from the Department's acquisition with respect to: a. Existing and pending variance applications b. Legal non-conformities c. Illegal non-conformities d. Any previous or pending zoning applications, or conditional use applications 4. Work with appropriate governmental entities to obtain "certificates of conformity" or a "relief ordinance" for non-conforming uses due to a partial take in eminent domain cases. (b) Comprehensive Land Use Requirements: 1. Determine and verify comprehensive land use for each parcel with the local Planning Department. 2. Determine and verify use of property before the Department's acquisition for conformance with comprehensive land use plan. 3. Determine and verify use of property after acquisition for conformance with use plan. (c) Environmental Regulations: 1. Investigate the current environmental regulations from the appropriate federal, state, municipal, county, and regulatory agencies. 2. Determine and verify the effect of environmental regulations on a parcel by parcel basis prior to the Department's acquisition. 3. Determine and verify the effect of the environmental regulations on a parcel by parcel basis after the Department's acquisition. 4. Determine special items related to the cost to cure estimate with regard to factors related to environmental regulation. (d) Site Inspection: Inspect subject parcel site with Department's business damage expert, as required. (e) Cost to Cure Estimate: A-14

18 1. In conjunction with the Department's Real Property Appraiser the consultant shall select the most feasible cure for the subject parcel by evaluating, at a minimum, each of the following areas: a. Zoning b. Land Use Requirements c. Impact Fees d. Concurrency e. Environmental Regulations f. Parking Design Standards g. Building Floor Plans and Structure Design h. Deed Restrictions i. Easements j. Access Driveway Locations k. Cross Parking Agreements l. Local building codes m. Topography n. Grade changes (check possible cost to cure where TCE's are not in place for blending to roadway) Any other related services provided by a land planner TRAFFIC ENGINEERING SERVICES (a) Concurrency: 1. Obtain concurrency ordinances from both municipal and county governmental entities. 2. Determine and verify concurrency ordinance provisions before the Department's acquisition. 3. Determine and verify concurrence ordinance effect after the Department's acquisition. (b) Impact Fees: 1. Determine and verify the change in impact fees by parcel after the Department's acquisition, if different from prior to the acquisition. 2. Provide a complete breakdown by category of all impact fees applicable to the parcel. (c) Land Survey/Parcel Sketch: 1. Plot survey information furnished by the Department, and supplement as needed (work shall be completed by a Registered Land A-15

19 Surveyor utilizing UNIX or comparable software) in order to depict as a minimum, the following features: a. Property line and existing R/W dimensions b. The proposed R/W dimensions c. Existing topography d. Location of improvements e. Distance from each improvement to both existing and proposed right of way f. Parking configuration (existing and proposed), if affected g. Location of site access points (existing and proposed) h. Depiction of building overhang with a dotted line i. On site traffic patterns j. Areas of take, easements, and residue (d) Aerial Map: The consultant shall provide the Department with a vertical aerial photograph of the project (to approximate scale). The photograph will be required to show each parcel and the proposed right of way requirements. (e) Parking Lot Design: 1. Evaluate the parking design of the subject property before the Department's acquisition in the following areas: a. Potential number of spaces (designated parking) b. Configuration c. Adherence to applicable zoning d. Adherence to applicable parking design standards e. Encroachment of existing R/W, if applicable f. Investigate leases, easements, and restrictions and cross parking agreements including recorded joint-use agreements and platted out parcels. (f) SITE ACCESS (Ingress and Egress) Requirements: 1. Based on the alternative cost to cure scenarios, evaluate site excess requirements for compatibility with proposed cures. 2. Evaluate and coordinate with appropriate authorities regarding driveways, which may be permitted during or subsequent to the Right of Way Acquisition process as requested. (g) Building Floor Plans and Structure Design: A-16

20 1. If primary parcel structures are to be affected by the Department's proposed right of way, provide a drawing to scale of the improvements prior to the Department's acquisitions. 2. Provide a drawing to scale of the primary improvements of the subject parcel after the Department's acquisition, as provided for in the final cure scenario. (h) On-Site Traffic Studies: 1. Provide a written analysis of the on-site traffic circulation pattern and parking utilization prior to the Department's acquisition. 2. Formulate, analyze and select an onsite traffic circulation pattern scenario after the Department's acquisition. The selected scenario shall be discussed and coordinated with the Department's real property appraiser and/or business damage expert. 3. Conduct traffic counts at different locations to advise the Department, its appraisers and consultants, as needed PROJECT MANAGEMENT SERVICES Project Management Services shall include, but are not limited to: managing and coordinating the production activities on specific right of way projects to effect the established right of way certification date; ensuring the right of way production for the specific project is conducted in accordance with the executed contract and all applicable Federal, State, and FDOT policies and procedures; conducting regular status meetings for the project(s); reporting the project's status to the Department's designated project manager; reviewing and approving consultant billing for the specified project(s); issuing interim and final grades as applicable for the specified project(s); and ensuring the project(s)' production conforms to the production demands of the district. A-17

21 9.16 PRODUCTION CONTROL Consultant shall: (a) Develop and maintain a production reporting system tracking all critical events, both scheduled and actual, for each parcel on the project. (b) Report, prior to monthly production meeting on the complete status of right of way production on projects. A monthly production meeting with the FDOT Project Manager/Coordinator and appropriate Consultant personnel is required, as a minimum, to relate current status of overall project schedules, noting exceptions and suggesting actions required to correct schedule exceptions. (c) Submit appropriate documentation required to input data on production necessary to maintain the Department's Right of Way Management System (RWMS) in accordance with the Department policies and procedures. (d) Implement a tracking system to check the RWMS system monthly to ensure proper entries and corrections have been accurately recorded in a timely manner. (e) Prepare all documentation necessary for the initial Right of Way Certification as well as all updates deemed necessary by the Department PROJECT SCHEDULING SERVICES Consultant shall provide competent personnel to assist Department staff in maintaining and updating Right of Way activities in the Project Scheduling and Management System (PSM) PERSONNEL The Consultant shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under this agreement. The Consultant shall utilize only competent personnel, who are qualified by experience and education, who are acceptable to the Project Manager. The Consultant may not make changes in the personnel working on activities pursuant to this agreement without the written concurrence of the FDOT Project Manager/Coordinator. Any person(s) that the Consultant proposes as a replacement to any person(s) named In this Agreement must have qualifications and experience equal to or exceeding those of the person(s) named herein, as determined by the FDOT Project Manager. A-18

22 11.0 SUBCONSULTANT SERVICES The practice of hiring sub contractual specialists when they are essential to the performance of the assignment is permissible. The sub contractual specialist must be included in the contract or added by an amendment. However, the hiring of the sub contractual specialist and the amount to be paid must be approved in writing prior to authorization of services. The Consultant will be responsible for the management, scheduling, and administration of all Sub-consultant(s), including invoice processing and payment to the Sub consultant(s). The sub consultant(s) must be qualified and have the required license to perform all work assigned to them COURIER SERVICES The Consultant shall provide a courier to deliver/pick up correspondence to/from the Department at least two (2) days per week LICENSE REQUIREMENTS As applicable, the Consultant firm shall be registered with the Florida Real Estate Commission. The individual designated as Consultant Project Manager shall be registered as an active, licensed salesman or broker with the Dept. of Business and Professional Regulation. In addition, the minimum requirement for all other Consultant personnel or sub consultant personnel performing real estate functions shall be registration with the Florida Real Estate Commission as an active licensed salesman. These employees each must have at least three years of demonstrated experience in transportation acquisition projects COMPLETION RESERVATION The Department reserves the right to complete all services that continue past the expiration of the Consultants contract 15.0 ADDITIONAL SERVICES The Consultant will, upon written authorization, perform any additional services as may be required by the Department. The services shall include, but are not limited to: (a) Providing the Department with a sufficient number of qualified personnel to assist the Department in any work pursuant to the contract. Assigned individual(s) will work in the Department's office, on an as needed basis, during normal working hours, Monday through Friday, although in special circumstances, adjustments to these time frames may be necessary. No A-19

23 adjustments will be made for premium time such as weekends, holidays and overtime. (b) (c) (d) (e) Providing Audio-Visual Services Providing Graphic Artist Services Providing Engineering Services Providing engineer cure plan and land planning report evaluation and other related services (f) Providing services requiring technical expertise such as providing report development or review services for DRI Development plans; cost to cure proposals for vacant and improved properties, businesses, utilities, railroads and public agencies; furniture fixtures and equipment (FF&E) studies; environmental (Upland/Wetland Ratio Analysis); landscaping studies; ODA Sign Valuation or Replacement Cost Bids and other professional services necessary to assist in determining fair market value and just compensation. (g) Providing services necessary to coordinate, plan direct and control the right of way program and manage the contracts as well as provide personnel needed to augment the right of way staff in the areas of appraisal; appraisal review; appraisal contracting; Eminent domain proceedings; Cost to cure programs; Cost Estimating and Business damages analysis and computation (h) Providing right of way program administration, including but not limited to development of right of way schedules and budgets; parcel and expenditure plans; various records and management activities; and analysis and development of data processing reports for monitoring right of way production and business plan goals. (i) Providing Surveying services for incidental survey work, and review surveys made by others, as required with all work, as applicable, to be performed to comply with the Minimum Technical Standards for Professional Surveyors and Mappers, special instructions from the Department and any other applicable minimum standards and acceptable professional rules, regulations and practices of the profession 16.0 OTHER SERVICES Other services shall include, but are not limited to those reasonable ancillary activities necessary to support right of way functions such as attending public meetings and hearings, acting as closing agent, delivering right of way warrants, making deposits for orders of taking and final judgments, recording various instruments, etc. A-20

24 17.0 MEETINGS AND REVIEWS (a) Consultant and/or any sub consultants shall make such reviews, attend such meetings and make such contact as are necessary to accomplish the services requested by the FDOT Project Manager/Coordinator. (b) The Consultant shall provide a schedule of task milestones if requested by the FDOT Project Manager/Coordinator. (c) The Consultant shall at the Department's request provide status of work assigned task to Sub consultants as required WORK STOPPAGE On those parcels where work is stopped by the Department, the Consultant shall be responsible (both in the month that work is stopped and for three (3) months thereafter) for services including, but not limited to, the following: (a) Notifying all affected parties of the work stoppage (b) Requesting expenses incurred (must include the work product) from all property owners and tenants up to the date of the notification of work stoppage (c) Preparing and processing all claims and invoices for expenses and submitting to the Department's Project Manager/Coordinator for review and approval (d) Delivering warrants for expense reimbursement to applicable property owners and tenants. The person preparing the payment shall not deliver the warrants (e) Completing final parcel activity for affected property owners and tenants, and then retiring the files by thoroughly reviewing the fifes, physically bringing them to the District and merging them into the official records files. (g) Thoroughly documenting all contacts with property owners and tenants A-21