CN-550000-BDV84.pdf

RFP-DOT-12/13-6133HO-Rebid

State of Florida

Department of Transportation

CONTRACT# BDV84

DISTRICT-WIDE TITLE SEARCH SERVICES FOR THE

FLORIDA DEPARTMENT OF TRANSPORATION (FDOT)

PROCUREMENT NUMBER: RFP-DOT-12/13-6133HO-Rebid

FINANCIAL PROJECT NUMBER: 250697-1-3B-03

The completed agreement for this project includes the following documents:

CHECK OFF

EACH THE

FOLLOWING

ITEM # DESCRIPTION

COVERSHEET

STANDARD WRITTEN AGREEMENT, FORM # 375-040-19

(requires execution)

REQUEST FOR PROPOSAL

EXHIBIT “A”, SCOPE OF SERVICES

EXHIBIT “B”, PRICE PROPOSAL

EXHIBIT “C”, METHOD OF COMPENSATION

EXHIBIT “D”, PARAMOUNT TITLE SERVICES, INC. TECHNICAL

PROPOSAL

RFP-DOT-13/14-6133HO-REBID

EXHIBIT “A”, SCOPE OF SERVICES

TO PROVIDE DISTRICTWIDE TITLE SEARCH SERVICES

FOR THE FLORIDA DEPARTMENT OF

TRANSPORTATION (FDOT), DISTRICT SIX

PROJECT/PROPOSAL NUMBER: RFP-DOT-13/14-6133HO-REBID

1.0 GENERAL INFORMATION

1.1 A performance or surety bond is not required for this project.

1.2 The DEPARTMENT shall provide a “Project Manager” for administering the terms of this

CONTRACT/AGREEMENT.

1.3 It is the intent of the DEPARTMENT to award three (3) CONTRACTS/AGREEMENTS from this solicitation.

2.0 PURPOSE

2.1 The Florida Department of Transportation, hereafter known as the DEPARTMENT requires sealed written Proposals from qualified Proposers to provide the services described in this Request for Proposal.

2.2 The purpose of this CONTRACT/AGREEMENT is to retain a qualified firm to provide district-wide title search services on an as-needed basis for the Florida Department of Transportation (FDOT) in District Six.

2.3 The Scope of Services along with the CONTRACT/AGREEMENT describes and defines activities which may be required by the Florida Department of Transportation for title search services in Miami-Dade and Monroe Counties.

2.4 Services under this CONTRACT/AGREEMENT shall include, but not be limited to providing Title

Search Services on as-needed basis on properties to be utilized for state transportation projects located within Miami-Dade and Monroe Counties in the State of Florida. These services shall be required county-wide and consist of Title Search Reports, Re-certification and Updates, and Specific Purposes Reports such as: Ownership Searches, Easement Searches and other related miscellaneous issues as requested and negotiated.

2.5 As services are identified, the Department’s Project Manager, District Right of Way Surveyor

(or his/her designee) shall issue a “Letter of Authorization” to perform the required services.

2.6 All services described in the Scope-of-Services shall cover all existing and proposed services as added during the term of this CONTRACT/AGREEMENT, hereafter known as the CONTRACT/

AGREEMENT.

3.0 DEFINITIONS

3.1 Contract/Agreement

All documents, exhibits and attachments specifying services to be performed/provided by the CONTRACTOR, billing rates for these services and how the CONTRACTOR shall be compensated for these services, executed by both the CONTRACTOR and the DEPARTMENT

3.2 Contractor

The CONTRACTOR retained by the DEPARTMENT to perform the Contractual Services described in this CONTRACT/AGREEMENT.

3.3 Department

The Florida Department of Transportation (FDOT)

3.4 Project Manager

The DEPARTMENT’S staff member(s), manager(s), contractor(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed/provided by the CONTRACTOR for the Florida Department of Transportation (FDOT) as described in this

3.6 Notice to Proceed

A letter issued by the Contractual Services Office authorizing the start of the CONTRACT/ AGREEMENT. There shall be one (1) Notice to Proceed issued for the initial CONTRACT/ AGREEMENT. For any additional work that shall be added to this CONTRACT/AGREEMENT by Supplemental Agreement an additional Notice to Proceed shall be issued. If Letters of Authorization/Task Work Orders/Purchase Orders are required under this CONTRACT/ AGREEMENT, then the CONTRACTOR shall not commence work until receipt of the Letter of Authorization/Task Work Order/Purchase Order (as defined below) from the DEPARTMENT or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

3.7 Letter of Authorization/Task Work Order

A letter or work order issued by the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) authorizing the CONTRACTOR to commence work on a specific task in accordance with the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT. Completion due dates and fees are specified in the Letter of Authorization or Task Work Order.

3.8 Task Assignment

One or more tasks assigned under this CONTRACT/AGREEMENT in connection with the contractual services being performed/provided by the CONTRACTOR as described in this

3.9 Written Notice

Written notice is herein defined as notice in writing signed and may be a facsimile of the original.

3.10 Department Observed Holidays

The following holidays are observed by the DEPARTMENT. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed.

3.10.1 New Year’s Day

3.10.2 Martin Luther King Day

3.10.3 Memorial Day

3.10.4 Independence Day

3.10.5 Labor Day

3.10.6 Veteran’s Day

3.10.7 Thanksgiving Day and the following day

3.10.8 Christmas Day

3.11 Department Business Hours

Typically 8:00 A.M. through 5:00 P.M., Monday through Friday in which the DEPARTMENT conducts routine business.

3.12. Department Non-Business Hours

Typically holidays, weekends, and night time frames in which the DEPARTMENT is closed to conducting routine business

3.13 Department Procedures

Standard day-to-day process which relates to the type of services being requested in this

3.14 Premise(s)

All Florida Department of Transportation (FDOT) property identified by the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) and any other property that may be added to or deemed part of this CONTRACT/AGREEMENT.

3.15 Title/Search

Review the Public Records for the purpose of discovering the record owner and all outstanding encumbrances on a parcel of land. If requested by the Project Manager, District R/W Surveyor or designee, such a search shall include all records beginning with the earliest Public Records of the county in which the parcel of land is located and continuing through the date of certification of the Title Search Report.

3.16 Title Search Report

The written report setting out the results of the Title Search defined in Section 3.15, Title/Search above.

The report(s) must begin from the earliest public record and accurately describe the property, true extent of ownership, encumbrances, defects, deficiencies, liens, judgments property tax search(s), property appraiser information, name search(s) and the title history (deed chain) and any other matters of record affecting title.

3.17 Recertification and Updates

A written report setting forth all the changes which have occurred in the record ownership.

The update(s) will reflect those matters that arise subsequent to the last search or update. The CONTRACTOR is responsible for the verification of the present owner. The CONTRACTOR may be requested to update report(s) prepared by another CONTRACTOR.

3.18 Ownership Report

The ownership report(s) must begin from the earliest public record and accurately describe the property, true extent of ownership, property tax search, property appraiser information, name search(s) and a title history (deed chain).

3.19 RIGHT- OF -WAY REPORT:

The DEPARTMENT may request that the CONTRACTOR prepare right- of -way report(s) beginning from the earliest public record for the purpose of discovering all types of interest in rights-of-way.

SPECIFIC PURPOSE REPORT:

This report(s) will reflect specific research on varying types of documents and/or interests affecting the subject property.

TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (T.I.I.T.F.) AND/OR

EVERGLADES DRAINAGE DISTRICT (E.D.D.) RESERVATION REPORT:

All releases and/or Quit Claim Deeds, and any other type of instrument involving T.I.I.T.F. and/or E.D.D. impacting the subject property. The consultant must also review the website of the Department of Environmental Protection for T.I.I.T.F. instruments. Said Web site is:

http://data.labins.org/2003/SurveyData/LandRecords/btlds.cfm.

3.20 Easement Search

A written report indicating the existence of any easement in a specific area, the name and address of the easement owner and Official Record Book and page of the document.

3.21 Parent Tract Parcel

A tract of land under single ownership which may have been acquired in one (1) or more conveyances that are abutting or contiguous. If a conveyance includes land on both sides of a road or in separate blocks of a subdivision, it will ordinarily be considered one parcel of a title search.

3.20 Title Insurance

Although it is not often that the District will need to secure a title insurance policy, the consultant must be able to provide title insurance commitments, policies, and updates to the District upon request. In the event that the consultant is not immediately available to provide title insurance the consultant must be able to partner with a firm able to provide said services.

3.21 Additional Products/Services

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

a. tax roll / property card information with copy of acquisition document(s)

b. property appraiser information

c. copies of documents or transcription of illegible documents

d. obtaining a court record(s) , e.g., probate(s), guardianship(s) or divorce(s)

e. scanning and indexing hard copy title reports into eTitle, color plotting and color scanning of parent tracts(parcels under search) on aerial atlas maps, tax maps and/or right of way maps

f. quality assurance review of scanned and indexed title reports in eTitle and parent tracts plotted on maps, tax maps and /or right-of-way maps

g. scanning and indexing hard copy title reports into eTitle, color plotting and color scanning of parent tracts (parcels under search) on aerial atlas maps, tax maps and/or right of way maps

3.22 Document Preparation

The consultant may be requested to provide the District with document preparation services. The documents to be prepared will be related to acquisitions, conveyances, satisfactions, releases, or any other document(s) necessary for the District to obtain clear and marketable title.

4.0 CONTRACTOR RESPONSIBILITIES

4.1 Coordination with the Department

4.1.1 All aspects of this CONTRACT/AGREEMENT and/or of each authorization or task shall be coordinated through the Department’s Project Manager, District Right of Way Surveyor (or his/her designee). All authorizations and approvals shall be in writing and executed by the DEPARTMENT prior to the commencement of work.

The Project Managers are Ms. Noyka Espinosa and Cristina Kinman Albury, PSM

Located at:

Florida Department of Transportation Right-Of-Way Engineering 1000 Northwest. 111th Avenue Room 6212A Miami, Florida 33172 Telephone (305) 470-5195.

The following persons in addition to the Department’s Project Manager and the District Right of Way Surveyor are authorized to issue Letters of Authorization initiating services under this CONTRACT/AGREEMENT:

Carlos Garcia Assistant District Right Of Way Surveyor Omar Suarez Right-Of-Way Specialist

4.1.2 In the Department’s Project Manager temporary absence from the office, the District

R/W Surveyor shall authorize another individual to perform the Department’s Project Manager’s duties.

4.1.3 The District R/W Surveyor may replace the Department’s Project Manager (or his/her designee) at any time during the term of this CONTRACT/AGREEMENT.

4.2 Service to be provided

4.2.1 The CONTRACTOR shall be responsible for the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT. These responsibilities shall be carried out through planning, assignment, coordination, inspections, quality control, field operations, reporting, and other forms of administrative management required to optimize services and support in compliance with terms specified in this CONTRACT/AGREEMENT.

4.2.2 The CONTRACTOR certifies that the services that they shall provide under this

CONTRACT/AGREEMENT shall include, but not be limited to any of the following which are applicable: those operations necessary for mobilization, the movement of personnel, equipment, supplies, expertise, incidentals, permits, notifications, and fees associated with such notifications, if any. These services will be required on an as-needed basis with no minimum amount of work guaranteed.

4.2.3 The CONTRACTOR shall furnish to the Florida Department of Transportation (FDOT) the services required at the rates that are depicted in the Exhibit “B” Price Proposal attached hereto and made a part hereof.

4.2.4 The CONTRACTOR agrees to bill the DEPARTMENT for the services provided at the rates established in the Exhibit “B” Price Proposal/Bid Blank. Pay rates include overhead, profits, travel, administrative expenses, materials, equipment, insurance, bonding and all other incidentals and all direct and indirect costs required to complete the contractual services under this CONTRACT/AGREEMENT.

4.2.5 If the procedural regulations referenced herein are revised or superceded before the services by the CONTRACTOR are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

4.2.6 The consultant must have the appropriate amount of staff, resources, technological capabilities, experience and ability to provide said services. The consultant must be able to follow out and plot complex legal descriptions and determine whether an instrument of record impacts the property under search. The consultant will be responsible for providing a full search and examination (beginning from the earliest public record) in order for the District to obtain clear and marketable title. The consultant will be responsible for discovering and disclosing the record title holder and all instruments related to the subject property which create or purport to create an interest in, a lien against, an encumbrance and/or potential encumbrance, clouds, judgments and defects for the subject property under the examination of title.

The research shall include, but not be limited to those counties within the District’s jurisdiction (i.e., Broward, Palm Beach, Martin, St. Lucie and Indian River counties) and those counties adjoining the border of the District’s jurisdiction (i.e., Miami- Dade, Collier, Hendry, Okeechobee, Osceola and Brevard).

All work shall be coordinated with the District and will be subject to review. The consultant must be able to provide the subject services to the District by the date specified on each work order.

The consultant must establish and implement a quality assurance review plan on all products to be delivered to the District. The consultant must respond to comments and any resolution meetings as required. It shall be the responsibility of the consultant to utilize professional judgment, practices and principles during the performance of the work commissioned under this contract. The consultant shall be aware that as the project develops, certain modifications and/or additional information may be required which may result in additional work to be performed by the consultant and provided to the District.

The consultant shall demonstrate good project management practices. These include timely communication, resources, accurate tracking of funds, financial records, invoices, contract amendments, contract supplemental(s), overall professional accounting practices, etc. The consultant shall be responsible for setting up and maintaining records of all work order transactions, e.g., correspondence, quality assurance reviews, meeting minutes, etc. As necessary, the consultant must have the ability to reproduce any reports, documents, products, electronic files, etc.

4.2.7 eTITLE: The DEPARTMENT has designed the electronic title report database software known as eTitle. The CONTRACTOR will be provided this software along with the eTitle user’s guide which includes instructions on how to input and manipulate the database and reports. The DEPARTMENT requires that the CONTRACTOR have the appropriate staff and technological capability to process information and reports through said eTitle. The CONTRACTOR must prepare all Title Reports using the eTitle software.

The District’s staff will be available for further instruction and troubleshooting for the consultant as necessary.

4.3 Requirements for Services to be Provided

4.3.1 Requirements for Title Search Report

4.3.1.1 The Title Search Report MUST contain the certification of the Abstractor and include all attachments as herein required.

4.3.1.2 Each Report shall reflect the complete parent tract legal description of the determined subject parcel on the typewritten report.

4.3.1.3 Every copy of the Title Report must cite all parties involved in every instrument reported, date of instrument, filing date, book and page of the instrument, all instruments referenced by another, and all pertinent remarks which help in deciphering the purpose of the instrument.

4.3.1.4 If the subject parent tract does not exactly match the legal description on the document of conveyance, documentation must be shown as to that difference (e.g., right-of-way conveyance, sell-off parcel, etc.).

4.3.1.5 Each Title Search Report and each Updated Title Search Report shall be submitted electronically thru eTitle and a single electronic version in a CD format.

4.3.1.6 Each title search report must be assigned a unique search number and shall reflect the Department's Section (Project) Number, State Road Number and local name, if known, W. P. I. Number, F.A. P. Number and F.I.N. Number when applicable.

4.3.2 Requirements for Recertification and Updates

4.3.2.1 Each report must include attachments of all the instruments, including encumbrances affecting the subject parcel since the original search or most recent updated.

4.3.2.2 It must also include the acquisition document(s).

4.3.2.3 Each report must reflect the complete legal description of the subject parent tract on the report. If the subject parent tract does not exactly match the document of conveyance, documentation must be shown as to the difference (e.g., right of way conveyance, sell off parcel, etc.).

4.3.2.4 The CONTRACTOR may be requested to update a report from prior CONTRACTOR. If the present CONTRACTOR has knowledge of errors, and/or omissions in the prior report, the present CONTRACTOR is required to contact the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) immediately. A decision on how to proceed with correcting the errors and/or omissions will be made by the Department’s Project Manager, District Right of Way Surveyor (or his/her designee)

4.3.3 Requirements for Ownership Search

4.3.3.1 Each ownership search shall include a complete legal description of the subject parent tract, and legible and complete copies of all instruments relative to the search.

4.3.3.2 If the subject parent tract does not exactly match the legal description on the document of conveyance, documentation must be shown as to that difference (e.g., right-of-way conveyance, sell-off parcel, etc.).

4.3.3.3 Name / personal judgment searches must also be done for an ownership report. Judgments or liens are to be reported, including divorces, certificated of death, corporate merges, etc. that are required in order to accurately report the present title holder of a parent tract.

4.3.4 Requirements for Parent Tract Parcel

4.3.4.1 Noncontiguous lots within a subdivision or acreage under a single ownership will be considered separate parcels and separate reports must be prepared.

The exception to this is when the noncontiguous real property has been acquired through the same acquisition document. Then one title report must be prepared.

4.3.4.2 For invoicing purposes, if research indicates that the real properties have separate and distinct chains of title then each chain of title may be considered as a separate parcel for the purposes of payment only.

4.3.4.3 Only one report will be prepared showing the documentation of said separate chains of title under the heading of “TITLE HISTORY”. No exception to a Title History report will be granted in a multiple billing for one

(1) report.

4.3.5 Specific Requirements:

4.3.5.1 Contiguous Lands

4.3.5.1.1 All contiguous lands held by record owner is to be

researched and considered one (1) report despite whether or not it lies outside the requested area. Subject to PARCEL definition in Section 4.5 indicated above.

4.3.5.1.2 Each Report must contain complete information regarding all open encumbrances and potential encumbrances for all contiguous lands held by record owner. An exception may be made, but only after notification from the CONTRACTOR to the Department’s Project Manager, District Right of

Way Surveyor (or his/her designee). Any exceptions to full parent tract reporting is solely the decision of the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

4.3.5.2 Attachments to Reports

4.3.5.2.1 Each title search report must include legible copies of all instruments which are listed on the Title Report. Copies of Plats must be included. See Attachment 2 to Exhibit “A”, Scope of Services – Copy of Plat

4.3.5.2.2 Copies of an instrument shown within the report which refers to another instrument, such as a Deed referencing a Mortgage, must be included within the report, unless said referenced instruments has been satisfied or released. The Abstractor must note on the title search report that the instrument has been released and a copy of the release, satisfaction, or termination document must be included.

4.3.5.2.3 Every type of report (Title Report, Update, Ownership, etc., ) must cite all parties involved in every instrument reported, date of instrument, filing date, book and page of the instrument, all instruments referenced by another, and all pertinent remarks which help in deciphering the purpose of the instrument.

4.3.5.3 Additional Documentation

4.3.5.3.1 Copies of additional documentation may be requested by the

DEPARTMENT or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) when it is necessary to obtain further information in order to clearly define the boundaries of parcels or the full extent and nature of encumbrances and/or ownership.

4.3.5.3.2 The additional copies, along with any research, will be considered part of the original research by the CONTRACTOR and will be delivered in a timely manner at no additional cost to the DEPARTMENT.

4.3.5.4 Documentary Stamps

State and Federal Documentary Stamps (where applicable) shall be shown on all written reports for all conveyances listed in the search.

4.3.5.5 Record Owner

4.3.5.5.1 Each title report must determine and reflect the exact way title is held; including the full name, marital status (if it can be determined), type of corporation (e.g., a Florida corporation), and the present address of the present fee title holder of record.

4.3.5.5.2 A complete examination of documents of record, including

Probate and Divorce Settlements, must be done.

4.3.5.5.3 It is the responsibility of the CONTRACTOR to determine how fee title is held, and to show all documentation.

4.3.5.5.4 The report must be prepared as if a Title Insurance Policy was to be issued and closing documents were to be prepared.

4.3.5.6 Title History

4.3.5.6.1 A Title History must be shown within all Title Reports. This history must report the last five (5) documents of conveyance, but not further back than 1950, inclusive, unless otherwise requested. This includes judgments, divorces, probate documents, mergers, etc. which clearly determines the fee simple title chain. Right of Way dedications and Easements should be reported to the earliest public County records.

4.3.5.6.2 Any conveyance prior to 1950 need not be reported (except for R/W dedications and easements). However, a "NOTE" must be made on the report, citing the following: "A full chain of title has been run on the subject property, but no documents are shown prior to 1950."

4.3.5.7 Reporting Conveyance

4.3.5.7.1 For each conveyance, the report must clearly reflect the name(s) of the parties, the type of deed or document transferring title, the date of execution, filing dates of transfer, and book and page of recordation.

4.3.5.7.2 When a reported conveyance contains a reference to another recorded instrument, the referenced instrument must be included and marked "SHOWN FOR REFERENCE”.

4.3.5.7.3 If the referenced instrument has been released then a copy of the release, satisfaction, termination, etc. which relates to the referenced instrument must be reported.

4.3.5.8 Reporting Encumbrances:

All encumbrances and potential encumbrances to the title of a parcel shall be reported completely. The names of presidents and secretaries of corporations shall be reported if available. The following are specific requirements on certain types of encumbrances:

4.3.5.8.1 Easements

A complete copy of the recorded easement shall be shown within the title search.

4.3.5.8.2 Taxes

4.3.5.8.2.1 Real Estate taxes, both current and

delinquent, must be shown on the title report, and stating PAID or UNPAID.

4.3.5.8.2.2 Tax sales certificates and all exemptions, type

and amount, must be cited.

4.3.5.8.2.3 The Tax Folio Number (Property Control

number) must be reflected on the title report and must include the amount paid or due.

4.3.5.8.2.4 The year of the taxes, exemptions, the

amounts of the exemptions, the names of parties holding the tax sales certificates, etc.

must be typed on the reports.

4.3.5.8.3 Oil, Gas and Mineral Rights

All leases, deeds and/or royalty transfers which include any surface rights shall be reported.

4.3.5.8.4 Reservations

4.3.5.8.4.1 All TRUSTEE INTERNAL IMPROVEMENT

TRUST FUND Reservations, including Murphy Act; rights in reserve; reversionary clauses; life estates; etc. must be reported in detail.

4.3.5.8.4.2 The exact extent of the reservations and the

deed number, where used, must be shown.

4.3.5.8.5 Individual and Corporate Name Search

4.3.5.8.5.1 Each Title Report must report all certified

judgments within a twenty (20) year period against the present title holder.

4.3.5.8.5.2 All pertinent affidavits, certificates of death, divorces, corporate information, etc. must be shown as to fee owners, mortgagees, and other lien holders.

4.3.5.8.5.3 All corporations must be researched and

name changes, mergers, corporate statuses, including officers and general partnerships, etc. be reported.

4.3.5.8.5.4 Detailed information must be supplied in order

for the DEPARTMENT to prepare closing documents and contact all those parties holding an interest in the parent tract.

4.3.5.8.6 Leases

All Leases, Assignment of Leases, and Termination of Leases must be reported. All pages of the instruments must be included within the report.

4.3.5.8.7 Mortgages

4.3.5.8.7.1 All mortgages encumbering the parent tract

must be reported.

4.3.5.8.7.2 All mortgages must include pertinent

information as described within this scope of services, Title Search Requirements.

4.3.5.9 Estates

When the owner is deceased, the Title Search report shall show:

4.3.5.9.1 Death Certificate, if applicable.

4.3.5.9.2 If probate proceedings have been initiated, the following items, if available, shall be included:

4.3.5.9.2.1 Life Estates must be reported.

4.3.5.9.2.2 The will and any codicils. Case Number

4.3.5.9.2.3 Petition for Administration. Name of all heirs

as set forth in the petition. The name of Personal Representative.

4.3.5.9.2.4 Whether or not the Personal Representative

is permitted to convey without bond.

4.3.5.9.2.5 Letters of Administration.

4.3.5.9.2.6 Inventory if subject property is included.

4.3.5.9.2.7 Notice to creditors and proof of publication.

4.3.5.9.2.8 Receipt for Federal and State estate taxes

nontaxable certificate.

4.3.5.9.2.9 Order of distribution of the subject property.

4.3.5.9.2.10 Order of final discharge.

4.3.5.9.2.11 Order of distribution, if any.

4.3.5.9.2.12 Whether or not Estate is closed.

4.3.6 Insanity Proceedings

When reporting insanity proceedings concerning a present record owner, the date of commitment and name of the appointed Guardian are required, together with a statement concerning whether disabilities have been removed.

4.3.7 Divorces

When reporting divorces between record owners, any settlement concerning real property shall be reported in detail. All divorce proceedings must be reported in full.

4.3.8 Guardianships

When title to real property is vested in minor or incompetent, the report shall show the name of the appointed Guardian or a statement that no such appointment has been made.

4.3.9 Bankruptcies

Bankruptcy proceedings to be provided, if applicable.

4.3.10 Government Lands

When title to real property is held by Federal, State or local government, the branch or agency holding title must be reported. A report on government land will be researched and reported exactly the same as a Parent tract held by private ownership.

4.3.11 Subdivision Plats

When a parcel(s) fall within a record plat, or a legal description refers to a plat, a LEGIBLE, FULL-SIZED copy of the plat shall be included as part of the complete project package. If platted parcel within an illegible recorded plat is encountered, a certification that the record plat is illegible shall be included.

4.3.12 Condominium

When a condominium is encountered within the limits of a project, the CONTRACTOR shall:

4.3.12.1 NOTIFY the Department’s Project Manager, District Right of Way

Surveyor (or his/her designee) immediately that a condominium lies within the project limits.

4.3.12.2 OBTAIN approval from the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) on necessity of a title search report on the common area of the condominium.

4.3.12.3 INCLUDE within the report a copy of the Declaration of Condominium, the

Articles of Condominium, By-Laws and a legible, full-sized copy of the condominium plat.

4.3.12.4 NO title search reports on individual units within the condominium are to be prepared unless specifically requested by DEPARTMENT or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) in writing.

4.3.12.5 THE NOTATION: "No Search Made as to Individual Units" must be stated on the title search report for the common area.

4.3.13 Public Right Of Way

Title search reports must be prepared covering public and private right of way. If the legal description of the document granting title to the subject property of a search is no longer accurate due to additional right of way deeded or dedicated after recording of the last deed, the document deeding or dedicating the additional right of way must be included within the title report as an exception to the legal description of the subject property. A copy of the document must be included within the title report. In addition, separate title reports must be prepared showing title to all right of way within the limits of the project, unless dedicated by Plat.

4.3.13.1 Abstractor's Notes

The Abstractor should include in each report any comments concerning personal matters and any documentation needed to clear titles which are knowledge of locale not of record which may affect the title to the real property under research

4.3.13.2 Bankruptcies

Bankruptcy proceedings, if applicable.

4.3.13.3 Fiduciary Documentation

Any document creating or affecting a fiduciary relationship, such as guardianships or trusts.

4.3.14. Requirements for Recertification and Updating Title Search Reports:

4.3.14.1 All re-certification and updated reports shall show:

4.3.14.1.1 Verification

Present Title Holder must be verified, even if title is taken prior to time period of Update.

4.3.14.1.2 Date Certification

The beginning and ending dates of the updated report must be clearly shown.

4.3.14.1.3 Title Holders

Property Owners name, exactly as they hold title, and the current address must be reflected.

4.3.14.1.4 Documentation

All documents recorded within the time period of the update, covering the subject property and the name search.

4.3.14.1.5 Taxes

Current and delinquent taxes for entire parent tract must be reported, along with the name of parties holding tax certificates.

4.3.14.1.6 Notations

If no instruments are recorded within the time period of the Update, the notation "NO CHANGE SINCE PRIOR SEARCH" must appear on the report.

4.3.14.1.7 New Acquisitions

If the present title holder newly acquires adjacent and/or contiguous property, which enlarges the original parent tract, a FULL TITLE SEARCH REPORT MUST be prepared on the additional lands along with the Updating of the former parent tract. The CONTRACTOR MUST contact the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) in writing as to the addition of land to the parent tract and the need for an additional Title Search Report. No additional work is to begin until written authorization is received from the DEPARTMENT or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

4.3.15 Format for Title Search Reports:

The CONTRACTOR shall prepare all title search reports on eight and one-half by eleven (8½ x 11) inches white paper for each parcel in the format contained in the Sample report attached hereto. Each title search report must be assigned a unique search number and shall reflect the Department's Section (Project) Number, State Road Number and local name, if known, W. P. I. Number, FIN Number and F. A. P. Number, when applicable.

4.3.16 Certification for all Reports

Each title report, update, and ownership report shall bear the following certifications:

4.3.16.1 AS TO THE ORIGINAL TITLE SEARCH 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 real property described above, together with all outstanding encumbrances and potential encumbrances affecting said lands. This report is not to be construed as an opinion of title.

CERTIFIED this ______ day of ___________, 20__, at ___, ___.M.

4.3.16.2 AS TO UPDATED TITLE SEARCH 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, within the time mentioned above for the sole purpose of updating the Title Search Report referred to as Search No. (insert prior search number and initials of Title Company if not the same). This report is not to be construed as an opinion of title.

CERTIFIED this ______ day of ____________, 20__, at ___, __.M.

4.3.16.3 AS TO OWNERSHIP REPORT

The undersigned hereby certifies that the foregoing Title Report reflects a comprehensive search and examination of the Public Records of

_______________ County, Florida, showing the present ownership of the above described property. This report is not to be construed as an opinion

CERTIFIED this ______ day of ____________, 20__, at ____, __.M.

4.3.16.4 AS TO EASEMENT REPORT

The undersigned hereby certifies that the foregoing Title Report reflects a comprehensive search and examination of the Public Records of _______________ County, Florida, showing the present easements in the above described property. This report is not to be construed as an opinion

CERTIFIED this ______ day of ____________, 20__, at ____, __.M.

4.4 Work Supervision and Supervisor Requirements

4.4.1 All contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT must be performed by or under the direction of a person qualified or licensed as specified in this CONTRACT/AGREEMENT and any other local, state and federal laws, regulations and guidelines that apply to the type of services being performed.

4.4.2 The CONTRACTOR shall adhere to all other applicable local, state and federal laws, regulations, and guidelines pertaining to the type of services being provided in the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.4.3 The CONTRACTOR’S Supervisor shall be responsible for notifying the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) of any and all emergencies and problems.

4.4.4 The CONTRACTOR'S work shall be performed and/or directed by the key personnel identified by the CONTRACTOR in their Proposal submitted to the DEPARTMENT.

4.4.5 The CONTRACTOR’S prospective Supervisor(s)/Project Manager(s) shall be available to meet with the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) at a mutually convenient time for both parties during regular “business hours” to discuss work requirements prior to the CONTRACTOR assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the DEPARTMENT.

4.4.6 If during the term of this CONTRACT/AGREEMENT, a new Supervisor/Project Manager is to be employed by the CONTRACTOR to meet the provisions of the CONTRACTOR'S Supervisor(s)/Project Manager(s) the individual shall be available to meet with the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) at a mutually convenient time for both parties during regular “business hours” to discuss work requirements prior to the CONTRACTOR’S new Supervisor(s)/Project Manager(s) assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the DEPARTMENT.

4.5 Sub-Contractor(s)/Sub-Consultant(s)

4.5.1 If it is necessary for the CONTRACTOR to subcontract portions of the work. All Sub- Contractor(s)/Sub-Consultant(s) whether it is an individual or a firm must be approved and qualified by the DEPARTMENT prior to the initiation of any work.

4.5.2 The CONTRACTOR shall be fully responsible for the satisfactory completion of all subcontracted work.

4.5.3 The CONTRACTOR shall provide the DEPARTMENT or the Department’s Project

Manager, District Right of Way Surveyor (or his/her designee) with copies of the names for all Sub-Contractor(s)/Sub-Consultant(s) or employees who shall be performing the work as required.

4.6 Communications

4.6.1 Pre-Work Conference

The CONTRACTOR shall be required to submit the following items to the DEPARTMENT, at the pre-work conference:

4.6.1.1 Contact Information

4.6.1.1.1 The name of the CONTRACTOR’S Project Manager(s)/

Supervisor(s) assigned to this CONTRACT/AGREEMENT, along with their work telephone number(s), cellular phone(s) and/or beeper(s) number(s).

4.6.1.1.2 The DEPARTMENT shall be advised at all times as to the identification and means of contacting the CONTRACTOR’S Project Manager(s)/ Supervisor(s) during the term of this

4.6.1.1.3 Cellular and beeper number(s) for all personnel responsible for answering and responding to the needs of the DEPARTMENT in accordance with the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.6.2 Response Time

4.6.2.1 The CONTRACTOR'S Project Manager(s)/ Supervisor(s) shall respond by telephone within one (1) hour after receiving a call from the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee), and if required shall be present at the location in question within two (2) hours after being contacted by the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

4.6.2.2 The CONTRACTOR shall respond to emergencies and provide immediate service.

4.6.2.3 The time frame for each work assignment shall be stated in each Letter of Authorization issued.

4.7 License and Insurance Qualifications

4.7.1 The prime proposer shall be required to submit proof of the following along with the sealed proposal:

4.7.1.1 A notarized statement that the prime proposing firm and the project manager have had at least three (3) years of experience providing title search services.

4.7.1.2 Proposers must submit with their technical proposal a copy of a State of

Florida Occupational License.

4.7.2 The CONTRACTOR must hold the licenses necessary to provide the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT in the counties specified.

4.7.3 The CONTRACTOR shall provide the DEPARTMENT and/or the Department’s

Project Manager, District Right of Way Surveyor (or his/her designee) with proof that the CONTRACTOR is licensed by State of Florida in the type of contractual services being performed/provided by the CONTRACTOR as described in this

4.7.4 The CONTRACTOR shall provide the DEPARTMENT and/or the Department’s Project required specialty licenses for all Sub-Contractor(s)/Sub-Consultant(s) or employees who shall be performing the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT and any other services that may be required.

4.7.5 The CONTRACTOR shall certify that skilled employees and/or Sub-Contractor(s)/Sub-

Consultant(s) who possess the necessary specialty licenses, as required by law to perform the work, shall provide the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT and any other services that may be required.

4.7.6 The CONTRACTOR shall provide the DEPARTMENT and/or the Department’s Project names for all Sub-Contractor(s)/Sub-Consultant(s) or employees who shall be performing the work as required.

4.7.7 The CONTRACTOR shall be required to provide the DEPARTMENT and/or the

Department’s Project Manager, District Right of Way Surveyor (or his/her designee) with the required types of insurance in the limits as stated in this

4.7.8 The CONTRACTOR 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 one hundred thousand dollars ($100,000.00) 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.

4.7.9 The CONTRACTOR shall provide the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) with a current Certificate of Workman’s Compensation Insurance during the period of the CONTRACT/AGREEMENT and any subsequent renewals.

4.7.10 Other Specific Requirements

All records, insurance and licenses must be current and will be kept on file for the duration of this CONTRACT/AGREEMENT, and will be provided within twenty four (24) hours upon request by the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

4.8 Location of the Contractor

Preferably, the CONTRACTOR shall be stationed locally to work directly with the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) during the term of this CONTRACT/ AGREEMENT.

4.9 Timely Completion of Service

The CONTRACTOR, by acceptance of this CONTRACT/AGREEMENT hereby guarantees that they shall comply with all scheduled times and requirements as specified in this CONTRACT/ AGREEMENT and any subsequent additions.

4.10 Delays in Completing Services

4.10.1 The CONTRACTOR shall not be under any obligation to any liability for failure to carry out any of the terms of this CONTRACT/AGREEMENT to the extent that such failure shall be due to:

4.10.1.1 The operation and effect of rules, regulations or orders promulgated by any commission, municipality, or governmental agency of any state or the United States or subdivision thereof.

4.10.1.2 A restraining order, injunction, or similar decree of any court.

4.10.1.3 Any extreme condition or natural disasters as listed below:

4.10.1.3.1 Hurricane

4.10.1.3.2 Storm

4.10.1.3.3 Flood

4.10.1.3.4 Tornado

4.10.1.3.5 Earthquake

4.10.1.3.6 War

4.10.1.3.7 Fire

4.10.1.3.8 Sabotage

4.10.1.3.9 Or any other cause (not including labor problems of

CONTRACTOR) not within the control of CONTRACTOR, and which, by the exercise of reasonable diligence, CONTRACTOR is unable to prevent.

4.11 Work Stoppage

If extreme weather or other conditions prevent the CONTRACTOR from the timely completion of a task, the CONTRACTOR shall inform the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) prior to stopping work and obtain a new completion date within twenty-four (24) hours of work stoppage. The new completion date must be approved in writing by the Department’s Project Manager, District Right of Way Surveyor (or his/her designee).

4.12 Method of Operation

4.12.1 If the procedural regulations referenced herein are revised or superceded before the services by the CONTRACTOR are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

4.12.2 The following procedures shall apply:

The CONTRACTOR shall furnish all of the following required to conduct the appropriate work tasks as required:

4.12.2.1 All labor, services, materials, equipment, machinery, tools, apparatus, expertise, means of transportation, travel, supplies, incidentals, supervision, notifications and any other items required to perform the services as specified in this CONTRACT/AGREEMENT. This shall include giving all the required notices to all local, state and federal agencies and the DEPARTMENT and/or the Department’s Project Manager, District Right

4.12.2.2 The CONTRACTOR shall be responsible for the safe and efficient service as requested by the Department of Transportation.

4.12.2.3 The CONTRACTOR shall adhere to all other applicable local, state and federal laws, regulations, and guidelines pertaining to the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.12.2.4 All work shall be accomplished in accordance with Florida Department of

Transportation (FDOT) procedures and all applicable local, state and federal regulations and requirements for the contractual services being performed/ provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT. This includes, but is not limited to:

4.12.2.4.1 All applicable Florida Statutes and Florida Administrative

Codes (F.A.C.) and any other appropriate agency guidelines or recommendations.

4.12.2.4.2 All applicable sections for the CFR (Code of Federal

Regulations)

4.12.2.4.3 OSHA (Occupational Safety and Health Administration)

4.12.2.4.4 All Applicable sections of The Florida Department of Labor and Employment Security (FDLES) Standard Specifications for the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/

4.12.2.5 The CONTRACTOR, Contractor’s Personnel, Sub-Contractor(s)/Sub-

Consultant(s) shall limit all their operations, including parking of vehicles, to the area specified by the DEPARTMENT and/or the Department’s Project Manager, District Right of Way Surveyor (or his/her designee). There shall be no parking at anytime in the handicapped parking spaces without the required permit. Parking is not allowed on any grassy areas. The CONTRACTOR shall be responsible for notifying their personnel of these regulations.

4.12.2.6 The CONTRACTOR, Contractor’s Personnel, Sub-Contractor(s)/Sub-

Consultant(s) shall abide by any safety rules, instructions, requirements or directives in and area of the DEPARTMENT, especially those areas where construction is being performed on DEPARTMENT property i.e. no employee shall pass through areas identified as work zones which have been cornered off.

4.13 Notifications

4.13.1 Required Notifications

All notifications, including any changes to personnel, shall be in writing and signed by the CONTRACTOR. A copy of all required notifications sent shall be provided by hand delivery or sent via certified mail and proof of proper delivery must be submitted to the Department’s Project Manager, District Right of Way Surveyor (or his/her designee) within five (5) business days of such delivery for review and ensuring proper notification.

4.14 Contractor’s Personnel Requirement

The CONTRACTOR shall be required to provide the personnel to fulfill the requirements of this

CONTACT/AGREEMENT.

4.14.1 Qualified Personnel

The CONTRACTOR shall be responsible for providing competent and committed personnel who are qualified, reliable and properly trained at appropriate levels of skill and utilization to perform the routine and additional contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT and accept the responsibilities and duties of this CONTRACT/ AGREEMENT for the period stated, beginning on the date noted in the Notice To Proceed, and shall conform to and abide by the specifications stated herein.

4.14.2 Number of Personnel

The CONTRACTOR will be responsible for supplying as many personnel as needed to meet the requirements of this CONTRACT/AGREEMENT.

4.14.3 Monitoring of Personnel

4.14.3.1 The CONTRACTOR will continuously monitor personnel performance as part of its own management activity.

4.14.3.2 The CONTRACTOR shall ensure that any and all personnel shall restrict their access to the DEPARTMENT to the designated areas for services to be provided.