CN-550000-DN766.pdf

EXHIBIT “A” PROJECT#: RFP-DOT-10/11-6122DS

State of Florida Department of Transportation

EXHIBIT “A”, SCOPE OF SERVICES

RFP-DOT-10/11-6122DS

TO PROVIDE DISTRICT WIDE BUSINESS DAMAGES

ESTIMATES AND ESTIMATES REVIEW CONSULTANT

SERVICES FOR THE FLORIDA DEPARTMENT OF

TRANSPORTATION (FDOT) IN MIAMI-DADE AND MONROE

COUNTIES

PROJECT/PROPOSAL NUMBER: RFP-DOT-10/11-6122DS

FINANCIAL PROJECT NUMBER(S): T. B. D.

EXHIBIT “A”

SCOPE OF SERVICES

DISTRICT-WIDE BUSINESS DAMAGE ESTIMATION AND

ESTIMATES REVIEW CONSULTANT SERVICES

Table of Contents

I. PURPOSE

II. QUALIFICATIONS………………………………………………………………………………3

III. DEFINITIONS .............................................................................................................. 3-4

3.01. Assignment

3.02. Business Damage Estimate Report

3.03. Business Damage Estimate Review Report

3.04. Consultant

3.05. Cost Estimate

3.06. Letter of Authorization

3.07. Notice of Assignment

3.08. Project Manager

IV. PERSONNEL CLASSIFICATIONS ............................................................................. 4-5

4.01. Principal

4.02. Project Manager

4.03. Certified Public Accountant (CPA) .................................................................... 4-5

4.04. Accountant

V. CONSULTANT SERVICES/RESPONSIBILITES

5.01. Assignment/Compensation

5.02. Scheduling ........................................................................................................ 5-6

5.03. Site Inspection/Business Owner Contact

5.04. Reports

5.05. Sub Consultants

5.06. Litigation/Mediation Support ............................................................................. 6-7

5.07. Meetings

5.08. Fee Reviews

5.09. Fiduciary Responsibility

VI. PROJECT MANAGER RESPONSIBILITIES

VII. INVOICING/PROJECT FILES

I. PURPOSE

The State of Florida Department of Transportation (FDOT) requires a Certified Public Accountant to provide business and financial consulting services. These services are needed for the review of business damage claims and the estimation of business damages caused by the acquisition of real estate for right of way for transportation projects. These services are for projects located in FDOT District Six, located in Miami Dade and Monroe County.

II. QUALIFICATIONS

This type of work requires a minimum of one employee, registered as a Certified Public Accountant (CPA) in the State of Florida, with a minimum of three years of demonstrated professional accounting work, after registration. This type of work also requires the Certified Public Accountant (CPA) to demonstrate previous experience in the preparation of accepted business damage estimate reports for the DEPARTMENT or other government agency within the last three years immediately preceding application for qualification; or have served as an expert witness in the State of Florida in eminent domain cases or other legal cases regarding business valuation or damages within the last three years immediately preceding application for qualification; or a minimum of 48 hours of completed course work, directly related to business valuation. Verification of course work shall be by copies of course certificates of completion issued by the course provider which will indicate the numbers of hours that may be counted for continuing professional education credits.

III. DEFINITIONS

3.01 Assignment

Any of a variety of tasks assigned to the consultant requiring business and financial reports and/or analysis related to business damage estimates.

3.02 Business Damage Estimate Report:

A written report describing the financial impact that a business may suffer as a result of the acquisition of a portion of property for right of way. This report will be primarily used in the preparation of cost estimates by the appraisal section.

3.03 Business Damage Estimate Review Report:

A written report which analyzes the financial statements and claims presented in a business damage estimate report prepared by a business owner, Certified Public Accountant (CPA), or other business damage expert.

3.04 Consultant:

The Certified Public Accountant selected to provide the business and financial consulting services governed by this contract. The expert will be responsible for services provided by staff employed by the Consultant and any sub-consultants.

3.05 Cost Estimate:

Feasibility estimates pertaining to the cost of acquiring real property for proposed Right of Way.

3.06 Letter of Authorization:

The letter issued by the Project Manager describing the assignment authorizing the Consultant to begin work, providing the fees and completion due dates for the requested task(s) and any other terms governing the assignment.

3.07 Notice of Assignment:

Letter issued to the Consultant advising of the nature of the assignment and due date of the report, and requesting the estimated hours and fees.

3.08 Project Manager

FDOT’s designee having responsibility for directing and coordinating the activities of the consultant pursuant to this contract.

IV. PERSONNEL CLASSIFICATIONS

ITEM PERSONNEL

CLASSIFICATION DELIVERABLES

4.01 Principal

Deliverables –Perform tasks assigned by project manager associated with business damages estimates and financial consulting services, including but not limited to, review of financial information, evaluation of data, analyze and/or prepare written or verbal reports, assess and/or report economic factors, perform calculations, conduct research, perform site visits and investigations, provide industry data and provide input and opinions.

4.02 Project Manager

Deliverables –Perform tasks assigned by project manager associated with business damages estimates and financial consulting services, including but not limited to, review of financial information, evaluation of data, analyze and/or prepare written or verbal reports, assess and/or report economic factors, perform calculations, conduct research, perform site visits and investigations, provide industry data and provide input and opinions.

4.03 Certified Public

Accountant

Deliverables –Perform tasks assigned by project manager associated with business damages estimates and

(CPA) financial consulting services, including but not limited to, review of financial information, evaluation of data, analyze and/or prepare written or verbal reports, assess and/or report economic factors, perform calculations, conduct research, perform site visits and investigations, provide industry data and provide input and opinions.

4.04 Accountant

Deliverables –Perform tasks assigned by project manager associated with business damages estimates and financial consulting services, including but not limited to, review of financial information, evaluation of data, analyze and/or prepare written or verbal reports, assess and/or report economic factors, perform calculations, conduct research, perform site visits and investigations, provide industry data and provide input and opinions.

V. CONSULTANT SERVICES AND RESPONSIBILITES

5.01 Assignment/Compensation

Services will be provided on a district-wide basis. Assignments will be made for various projects, identified by item and parcel numbers. Each assignment will commence with a Notice of Assignment, which will describe the nature of the assignment and the due date of the report. Consultant will review the assignment and provide a price proposal estimating the number of hours and activities required to complete the assignment. The price proposal must indicate which personnel or sub-consultant(s), if applicable, will perform the services assigned, and the estimated number of hours such personnel or sub-consultant(s) will require to complete the task. Upon approval of the price proposal, the Project Manager will issue a Letter of Authorization, at which time, work may commence.

Extensions of assignment due dates may be requested by the Consultant in writing not less than seven calendar days prior to the due date for any given assignment.

All extensions must be granted by the Project Manager in writing, or by electronic means.

5.02 Scheduling

The scheduling of report due dates will be provided by the Project Manager. The schedule will be determined by consideration of District Six production commitments, FDOT Procedures and Florida Statutes. Approximate time frames for various activities are as follows:

Eligibility studies: two to three weeks;

Report Preparation (Research, Analysis, Printing, Assemblage and submission): three to five weeks;

Preliminary cost estimates and other research assignments: two to four weeks;

Review of CPA/Owner/Tenant Reports: two to four weeks.

5.03 Site Inspections/Business Owner Contact:

Consultant is responsible for inspecting the site(s) of the business(s) identified in the assignment. Such inspections may be in conjunction with inspections by other consultants such as appraisers, land planners or other experts.

Consultant is responsible for interviewing the business owner and/or the person representing the business if more information is needed for a complete understanding of the business. Original copies of written correspondence with business owners and notes from oral contacts will be provided to the Project Manager.

5.04 Reports:

Consultant is responsible for preparing Business Damage Estimate Reports for businesses identified by the Project Manager as requiring a report in the cost-estimating phase.

For businesses that have submitted a business damage claim and financial statements, in compliance with F.S. Section 73.071(3) (B) and FDOT Rules and Procedures, Consultant is responsible for preparing Business Damage Estimate Review Reports.

In addition to meeting the standards set forth by FDOT Rules and Procedures, the report should address the market value of the business in the before situation; the amount of damages to the business based upon alternative assumptions;

identification of the value of the trade fixtures and inventory included in the value and the liquidation value of the business.

Consultant will discuss each claim with the District Six Appraisal, Acquisition and Relocation Sections to coordinate the avoidance of double payment of damages.

When necessary, Consultant will provide updated reports. One original and two copies of each report will be provided to the Project Manager.

5.05 Sub Consultants:

Sub-consultant services may be utilized when they are required. The request will be made in writing to the Project Manager who must approve both the sub-consultant and fee structure. Such approvals will be in writing, in advance of utilizing the services.

5.06 Litigation/Mediation Support

For business damage claims that cannot be resolved by negotiation, Consultant will be available to the FDOT’s Office of General Counsel for legal proceedings, in coordination with the Project Manager.

5.07 Meetings

Consultant is responsible for meeting or teleconferencing with the appropriate Departmental personnel and/or other consultants as needed to discuss issues regarding the business(s) identified in the Assignment(s).

5.08 Fee Reviews

Consultant will provide an opinion of the reasonableness of fees charged by others for business damage reports reviewed by Consultant. Additionally, Consultant may be required to provide opinions on fees charged for reports not reviewed by Consultant.

5.09 Fiduciary Responsibility

Neither Consultant nor any sub-consultant shall perform consulting services for Business owners on any project for both FDOT and a business owner without prior FDOT approval, in writing or by electronic means. If a request to perform such services for business owners on any project is needed, then said request shall be made in writing to the Project Manager.

VI. PROJECT MANAGER RESPONSIBILITIES

The Project Manager will provide information, when and if available, such as right of way maps; construction plans; appraisal reports; business damage reports;

acquisition information; relocation information and any other information available to assist the Consultant.

VII. INVOICING/PROJECT FILES

Invoices will be submitted to the Project Manager upon completion of each task, with a copy of the Letter of Authorization for the task being invoiced. In addition to the invoice, Consultant will submit with each invoice a summary spreadsheet detailing all tasks authorized, and invoices paid to date. Invoices will identify the parcel, project, and business owner/name. Time will be billed in increments of fifteen minutes. Invoices will set forth the dates on which the services were performed, the name and classification or job description of the person that performed the services, a detailed description of the task performed and the time actually devoted to each task.

At the completion of services, or upon the Project Manager’s request at any time, Consultant will provide FDOT copies of all work performed or received pursuant to work assigned under this contract, at no charge except for reasonable copy costs, where appropriate.

State of Florida

Department of Transportation

DN766

EXHIBIT “C”, METHOD OF COMPENSATION

RFP-DOT-10/11-6122DS

TO PROVIDE DISTRICT WIDE BUSINESS DAMAGES

ESTIMATES AND REVIEW CONSULTANT SERVICES

FOR THE FLORIDA DEPARTMENT OF

TRANSPORTATION (FDOT) IN MIAMI-DADE AND

MONROE COUNTIES

PROJECT/PROPOSAL NUMBER: RFP-DOT-10/11-6122DS

FINANCIAL PROJECT NUMBER: T. B. D.

1.0 PURPOSE:

This Exhibit defines the limits and method of compensation to be made to the Vendor for services set forth in Exhibit "A" and the method by which payments shall be made.

2.0 ASSIGNMENT OF WORK:

The Department shall request Vendor services on an as-needed basis. Services to be provided on each project will be initiated and completed as directed by the Project Manager. A "Letter of Authorization" will be issued for each project assigned as described in section 4.0 below.

3.0 COMPENSATION:

There is no Budgetary Ceiling; funds will be encumbered for each Letter of Authorization. When assigned by the Project Manager.

This is a Term Contract for an Indefinite Quantity whereby the Vendor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department will authorize services based on need and availability of budget. Execution of this Agreement does not guarantee that the work will be authorized.

4.0 ESTABLISHMENT OF LETTER OF AUTHORIZATION AMOUNT:

For each "Letter of Authorization" (LOA) the Vendor, following the Scope of Services as set forth in Exhibit "A", shall prepare an estimate of work and price based on the rates established in Exhibit "B", and allowable expenses. Once an acceptable Lump Sum Amount has been agreed upon by the Vendor and the Department's Project Manager, a "Letter of Authorization" shall be issued by the Project Manager. The Project Manager shall obtain fund approval for each authorization by an approved encumbrance prior to issuing the "Letter of Authorization". Work authorizations may be issued during the term of this Agreement and shall be completed during the term specified in the authorization, which may extend beyond the ending date of the Agreement.

5.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department. For the satisfactory performance of the services detailed in each "Letter of Authorization", the Vendor shall be paid a Lump Sum Amount.

Payment shall be made to the Vendor for a portion of the Lump Sum Amount of each Authorization, equal to the percentage of work completed on each authorization, as approved by the Department.

Invoices shall be submitted to: Florida Department of Transportation

Right of Way Administration Attn: Paulina Villón 1000 Northwest 111 Avenue Suite 6105-B Miami, Florida 33172

The Vendor has certified that _100_% MBE/DBE utilization would be achieved for this contract. If MBE utilization was certified by the Vendor, an MBE payment certification form shall be submitted with each invoice to verify the MBE utilization.

If DBE utilization was certified, DBE payments are to be input each month at the following link: https://www3.dot.state.fl.us/EqualOpportunityOffice/bizweb/

New users reporting DBE payments will need to contact the FDOT Service Desk at FDOT.ServiceDesk@dot.state.fl.us to get a BizWeb user ID and password to access the application.

6.0 DETAILS OF UNIT RATES:

Details of Unit Rates for the performance of the Vendor’s services set forth in Exhibit "A" are contained in Exhibit "B", attached hereto and made a part hereof.

7.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

SKM_454e15022415470.pdf