3-Exhibit A - Scope of Services.pdf

DOT-RFP-25-4005-CO

EXHIBIT A – SCOPE OF SERVICES

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State of Florida Department of Transportation

EXHIBIT A - SCOPE OF SERVICES

FOR

DISTRICTWIDE TITLE SEARCH AND EXAMINATION

SERVICES FOR

FLORIDA DEPARTMENT OF TRANSPORTATION –

DISTRICT FOUR

FINANCIAL PROJECT NUMBER: 432676-5-3B-01 & Various http://www.fdot.gov/

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1.0. PURPOSE

1.1. The purpose of this AGREEMENT is to retain a qualified firm to provide district-wide title search services examination, document preparation and additional services as described herein on an as-needed basis for the Florida Department of Transportation, herein known as “the Department” in District 4.

2.0. VENDOR’S QUALIFICATIONS

2.1. The Vendor must be licensed and authorized to conduct business in the State of Florida. The Vendor must have an active Florida licensed Attorney practicing in real property or an active Florida licensed title (real property) agent and either the attorney or the agent must own at least 50% of the company.

2.2. Only one district-wide contract may be in effect at a time per Vendor. This is to ensure Vendor services are adequate to meet the Department’s needs.

3.0. VENDOR’S CAPABILITIES

3.1. The Vendor must have the appropriate staff, resources, technological capabilities, professional experience, and the overall ability to effectively carry out its responsibilities for said services.

3.2. The Vendor must have the ability to follow out and map/plot complex legal descriptions and determine whether an instrument of record impacts the property under search.

3.3. The Vendor must have access to title plants and official records dating back to the earliest public record, beginning from the point at which the United States government grant transferred the property to the State of Florida.

The Vendor, if asked for by the Department, will be responsible for providing instruments and worksheets of a full in-depth search and examination of both electronic (on-line) and manual searches for the Department to obtain clear and marketable title, as well as Trustees of The Internal Improvement Trust Fund (T.I.I.T.F.) reservations and releases, Everglades Drainage District (E.D.D.) reservation and releases, and Easements currently in use, which are exceptions to MRTA and only found in the earliest public records.

3.4. The Vendor will be responsible for discovering and disclosing the record title holder(s) and all instruments related to the current and prior 20 years title holder(s) and subject property which create or can create an interest in, a lien against, an encumbrance and/or potential encumbrance, cloud, judgment, and defect(s) for the subject property under the examination of

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title. This includes state and federal reservations, and easements which may only be found in the earliest public records and are exceptions to MRTA. All reports prepared for the Department must also include all supporting documentation e.g., easements, deeds, judgments, liens, mortgages, or any other recorded document pertaining to the subject property. Property appraiser detail report, map and tax collector report, current payment status, delinquency status and payment history information. The research shall identify current benefitting parties to ingress and egress easements. The research shall include instruments that are referenced in supporting interests and make a note as to the disposition of the interest. Name Search and Corporate status of parties with an interest must be disclosed to the extent of discovering the signatory individual on behalf of the corporation. The research shall include, but not be limited to, those counties within District 4 jurisdiction (Broward, Indian River, Martin, Palm Beach, St. Lucie Counties) and those counties adjoining the border of District 4 jurisdiction (Brevard, Collier, Hendry, Miami-Dade, Okeechobee, and Osceola Counties).

3.5. The Vendor must establish and implement a quality assurance review plan on all products and services to be delivered to the Department. The Vendor must respond to comments and attend any resolution meetings as required.

If at any time the Department identifies any deficiencies with any of the product(s) prepared for the Department, it will be the responsibility of the Vendor to correct said deficiencies. The deficiencies shall be corrected within five (5) working days after notification for correction has been made at no additional cost to the Department.

3.6. The Vendor must be able to provide the subject services to the Department by the date specified on each letter of authorization (LOA) which shall be as disclosed below. If the Vendor fails to deliver by the due date penalties will be assessed as established in Exhibit “B”.

3.7. All work performed authorized under this Agreement shall be invoiced according to the unit prices submitted on the price proposal as described on Exhibit “C”. Unit prices shall contain all costs, including travel, overhead, general, and administrative incidental expenses and operating margin.

3.8. It shall be the responsibility of the Vendor to utilize professional judgment, practices, and principles during the performance of the work commissioned under this contract. The Vendor shall be aware that as the project develops, certain modifications and/or additions may be required which may result in additional work to be performed by the Vendor and must be authorized by a LOA amendment prior to any work to be performed. Any additional unauthorized work will not be paid.

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3.9. The Vendor shall demonstrate good project management and overall professional accounting practices, which shall include, but are not limited to, accurate tracking of funds, agreement amendments, financial records, invoices, timely communication, and any other related information.

3.10. The Vendor shall be responsible for setting up and maintaining records of all LOA transactions, e.g., correspondence, meeting minutes, work files, quality assurance reviews, any other related documents and provide within 7 business days if requested by the Department.

3.11. The Vendor must have the ability to reproduce any deed chains, documents, electronic files, reports, or any other related information. The vendor will need to create one pdf for each chain of title back to the patent and attach pdf(s) to database as indicated by the Department.

3.12. The Department will hold the Vendor fully accountable for all products and services provided. All work will be coordinated with the Department and will be subject to review.

4.0. PRODUCTS AND SERVICES

The Vendor shall provide quality title search and examination services that conform to the accepted standards of care in the title industry in compliance with the Florida Statutes, Florida Bar, Real Property, Probate and Trust Law Section, Uniform Title Standards, the Fund Title Notes and Florida Department of Transportation Right of Way Procedures Manual Land Title Section 7.15 https://www.fdot.gov/rightofway/ProceduresManual.shtm and any applicable local, state, and federal guidelines. All title products must be certified, by the vendor’s staff attorney or licensed title agent, to reflect that a comprehensive search and examination of the earliest public records was completed for said Title Search Report, which includes all names of every respective title holder for the prior 20 years be searched for any judgements or liens in effect. The District 4 Title Search and Examination Guidelines and report templates will be available for additional assistance.

4.1. CERTIFIED TITLE SEARCH REPORT

The Department may request the Vendor to prepare title search report(s). The report(s) must begin from the earliest public record and accurately describe the property, true extent of ownership, encumbrances, defects, deficiencies, property tax information, property appraiser information, name search, corporate status, conveyed rights of way, title history (deed chain) and any other matters of record affecting title. This title search report is required within 30 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

https://www.fdot.gov/rightofway/ProceduresManual.shtm

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CERTIFICATION: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing Title Search Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing the present ownership of the herein described real property, together with all interests affecting said real property.

I further certify that a complete chain of title beginning from the earliest public record has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

4.2. CERTIFIED UPDATED TITLE REPORT

The Department may request the Vendor to prepare updated title search report(s).

The update(s) will reflect those matters that arise subsequent to the last search or update. The Vendor is responsible for the verification of the present owner. The Vendor may be requested to update report(s) prepared by other firms. This updated title report is required within 7 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

CERTIFICATION: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing Updated Title Search Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing the present ownership of the herein described real property, together with all interests affecting said real property. Said report is prepared for the sole purpose of updating the Title Search Report referred to as Report No. (insert prior report number and name of title company)

I further certify that a complete chain of title for the time period referenced below has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Previous certification dated _____________, 20____ at ______P.M.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

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Examiner’s signature (Typed name of Examiner & title)

4.3. CERTIFIED OWNERSHIP REPORT

The Department may request the Vendor to prepare ownership title search report(s). The ownership report(s) must begin from the earliest public record and accurately describe the property, true extent of ownership, property tax information, property appraiser information, name search(s) and a title history (deed chain). The ownership report must be certified according to the Departments instruction and reflects a comprehensive search and examination of the earliest public records and name search for every respective record title owner. This ownership report is required within 14 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

CERTIFICATION: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing Ownership Report reflects a comprehensive search and examination of the Public Records of ________ County, Florida, showing the present ownership of the herein described real property.

I further certify that a complete chain of title beginning from the earliest public record has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

4.4. CERTIFIED RIGHT OF WAY REPORTS

The Department may request the Vendor to prepare a right of way report(s). The right of way report(s) must include all existing right of way whether public or private, platted by recorded maps, recorded public records, or existing civil case records;

beginning from the earliest public record in order to determine all types of interest in rights of way. This right of way report is required within 30 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

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CERTIFICATIONS: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing Right of Way Report reflects a comprehensive search and examination of the Public Records of ________ County, Florida, showing all types of interest in rights of way affecting the herein described real property.

I further certify that all road right of way dedications, reservations and releases are reflected herein. I further certify that the information reported herein was examined from the earliest public records through the certification date below. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

4.5. CERTIFIED SPECIFIC PURPOSE REPORT

The Department may request the Vendor to prepare specific purpose report(s).

The report(s) will reflect specific research on varying types of documents and/or interests affecting the subject property. This specific purpose report is required within 15 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

CERTIFICATIONS: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing Specific Purpose Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing all documentation regarding (type of instrument(s) &/or chain requested) affecting the herein described real property.

This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

4.6. CERTIFIED TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST

FUND (T.I.I.T.F.) AND/OR EVERGLADES DRAINAGE DISTRICT (E.D.D.)

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RESERVATION REPORT

The Department may request the Vendor to prepare a Trustees of The Internal Improvement Trust Fund (T.I.I.T.F.) and/or Everglades Drainage District (E.D.D.)

reservation report(s). The report(s) must reflect all T.I.I.T.F. and/or E.D.D.

reservations, releases, quitclaim deeds and any other type of instrument involving T.I.I.T.F. and/or E.D.D. The Vendor must also review the website of the Department of Environmental Protection for T.I.I.T.F. instruments. Said Web site is: http://www.labins.org/ This TIITF search report is required within 30 calendar days of LOA issuance unless agreed otherwise in writing between the Department and the Vendor.

CERTIFICATIONS: The Vendor MUST NOT modify any certification without prior approval of the District and certification must appear on the first page of the report.

The undersigned hereby certifies that the foregoing T.I.I.T.F. and E.D.D.

Reservation Report reflects a comprehensive search and examination of the Public Records of_________________County, Florida, showing all documentation into or out of T.I.I.T.F. and E.D.D. on the herein described real property. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

4.7. D4ABS – District 4 Abstracting Services

The Department requires that the Vendor have the appropriate staff and technological capability to input all title information, including final title reports and supporting documents into the Department’s D4ABS software.

The Department has designed the electronic web-based title report database software known as D4ABS. The Vendor will be provided access to this software along with the D4ABS User’s Guide which includes instructions on how to input and utilize the database and reports. The Vendor must prepare all reports using the D4ABS software. The Department’s staff will be available to the Vendor by appointment for further instruction and troubleshooting.

4.8. DOCUMENT PREPARATION

The Vendor may be requested to provide the Department with document (Point Documents) preparation services. The Point Documents to be prepared will be related to conveyances, releases, satisfactions, or any http://www.labins.org/

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other document(s) necessary for the Department to obtain clear and marketable title. The Department will provide the Vendor with a flag sheet listing the interests with assigned point documents. The Department will provide the necessary document templates for this purpose. All Vendor work shall be subject to the Department’s Quality Control Review, and if necessary, the vendor will make corrections within 3 calendar days.

4.9. ADDITIONAL SERVICES

There will be occasions when the Department will require research on a parcel or area. The Vendor will supply the Department with the information that is being requested. This information may be delivered with or without a written report, as determined by the Department. The Vendor must make every attempt to obtain and provide whatever documentation and/or information the Department requests. Some examples of the types of additional products and services may include but are not limited to the following:

4.9.1. Research Without Written Report: The Department may request the Vendor to perform research without a written report. The research is to be performed by an experienced title examiner and may include, but is not limited to, examining, retrieving, and obtaining copies of documents, judgments from the civil courts, probate, guardianship, or divorce from the court records. These documents may include recorded, unrecorded archived or non-archived copies that were never recorded; older records from the courthouse including documents that may not be available on-line (subdivision plats and T.I.I.T.F. or E.D.D. reservations).

4.9.2. Property appraiser detail report, map and tax collector report, current payment status, delinquency and status and payment history information with copy of acquisition document(s).

4.9.3. Transcription of illegible documents. All available resources should be considered to obtain the best legible copy.

4.9.4. Color plotting, color scanning and quality assurance review of parent tracts of parcels on aerial atlas maps, tax maps and/or right of way maps.

4.9.5. Scanning and indexing hard copy title reports into D4ABS. Quality assurance review of scanned and indexed title reports.

4.9.6. Research and memorandum of findings for the quality assurance review of title products prepared exclusively for the Department.

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4.9.7. The Department may require consultation with the vendor on cases or the presence of the appropriate Vendor’s employee to testify in court hearing(s) as to the title report and its contents.

4.9.8. Quality Review, Verification of database and Correction of the multiple reports for State Road data in the D4ABS system. Header Examples: State Road#/Name vs County Road#/Name accuracy, FM, Parcel number designation, Section #, etc.

5.0 MISCELLANEOUS

Due to the Department’s need to have multiple Vendors available for these services, the following conditions shall apply:

a) Vendors with current Districtwide Title Search and Examination Services Contracts with FDOT District 4 are ineligible to submit a bid for this solicitation.

**END OF EXHIBIT A – SCOPE OF SERVICES**

FINANCIAL PROJECT NUMBER: 432676-5-3B-01 & Various