CN-550000-DOW97-W0010000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TASK WORK ORDER FOR PROFESSIONAL SERVICES

375-030-25

PROCUREMENT

06/17

Consultant:

Address:

Date:

8/17/2028

*Limiting or Estimating/Budgeted Amount.

Distribution:

Task Work Order No.:

Contract No.: Payment FM No.:

DOW97 41325814201

$448,726.41

(name) (title) Signature

Ninoy Lucero Contracts Coordinator

Other Notes:

An independent assessment of the staff hours and quantities for the proposed services has been performed, and found to be fair, reasonable, and competitive.

(LS2) Lump sum paid based on % of completion

Page 1 Total

Page 2 thru 6 Subtotal

Total

Basic Services

Florida Acquisition & Appraisal, Inc.

410 S. Ware Blvd., Suite # 700 Tampa, Florida, 33619

(To be entered upon execution of T.W.O.)

10/4/2023

Brief Task Description:

In accordance with the above referenced contract, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services).

Compensation elements are as follows:

Element Description Amount Estimate/LimitMethod of Compensation

The total amount or the limiting amount of the compensation will be:

All services required under this Task Work Order will be completed on or before:

$448,726.41

$448,726.41 Limit

Acquisition and property management services on Lantana Road @ I-95

Signature

PSU, Financial Services, FDOT PM

President

$448,726.41

$0.00

(name) (title)

Jack Curatelli

$448,726.41

Total authorizations to date (including this one):

Departmental Approval:

Consultant Acceptance:

DocuSign Envelope ID: E09BF318-83F2-49D7-A4E6-262207DC7349

Scope of Services/Task Description

Acquisition Services

CONSULTANT:

CONTRACT:

PROJECT:

FM NUMBER:

TASK/WORK DESCRIPTION:

TASK WORK ORDER NUMBER:

Florida Acquisition and Appraisal, Inc.

TBD

Lantana Road @ I95 Interchange

413258-1

Acquisition and Property Management Services

TWO #1

An independent assessment of the staff hours and quantities provided in your fee proposal of

August 29, 2023, for the proposed services has been performed by the Contract Manager, Dan Marwood, and found to be fair, reasonable and competitive.

The consultant is to provide acquisition, property management, and other related services as specified in “Exhibit A,” Scope of Services, for the above-referenced contract. Services will include, but are not limited to:

• Review title search provided by the Department and verify all title work.

• Review R/W maps and construction plans provided by the Department.

• Verify that legal descriptions, R/W maps, surveys (if provided) and appraisals correspond

• Initiate negotiations by making purchase offers and, if necessary, approved business damage counteroffers

• Issue all applicable notices in accordance with state and federal policies and procedures.

• Conduct negotiations for the acquisition of each parcel in accordance with all FDOT policies and procedures.

• Conduct in-depth interviews with business owners to determine potential eligibility for business damage claims and obtain appropriate documentation.

• Receive counteroffers from property owners or their representatives for consideration by the Department.

• When appropriate, prepare justifications and recommendations for administrative settlements and submit such recommendations to FDOT's Project Manager for further handling.

375-030-25 Task Description – TWO #1 413258-1

• Conduct necessary closings and related activities including, but not limited to, updating the title search, satisfaction of liens and transfers, recording of title documents, collection and payment of prorated real estate taxes and processing of information for generating Internal Revenue Service (IRS) form 1099S.

• Under supervision of FDOT Legal office, Consultant shall provide comprehensive administrative support in the area of preparation, styling and filing of lawsuit packages, organization of same and all required photocopying.

• Provide all services in accordance with the subject contract.

• All right of way activities must be performed in accordance with applicable Florida Statutes, Florida Administrative Code (F.A.C.) rules, Department procedures, and the Right of Way Procedures Manual.

• Property inspections (aka 120 day inspections) will only be required until R/W Certification in July, 2025.

All services required under this task work order are to be completed by January 30, 2026.

Licensed Real Estate Broker

Acquisition

Appraisal

Relocation

Cost Estimating

Property Management

Lawsuit Preparation

T (813) 241-6354 F (813) 864-0099

PO Box 89007 Tampa, FL 33689

410 S. Ware Blvd.

Suite 700 Tampa, FL 33619 w w w . f l a a . c o m

August 29, 2023

FDOT, District 4 3400 West Commercial Boulevard Ft. Lauderdale, FL 33309-3421 ATTN: Dan Marwood Deputy Right of Way Manager – Production

RE: DOW97, Continuing Services for Right of Way Acquisition & Relocation

Task 1, County Road 812 (Lantana Road) Proposed Parcel Assignment & Staff-hours

Dear Dan, Pursuant to our recent discussions, we propose the enclosed staff-hours for acquisition services for the specified parcels along Lantana Road. This proposal is in accordance with our meetings, the provided right of way map, and the acquisition portion of the scope of services of contract DOW97 – Continuing Services for Right of Way Acquisition & Relocation.

ASSIGNMENT

14-parcel assignment as described and outlined below:

101 - Commercial w/ Bus. Damages & w/ Demolition 102 - Commercial w/ Bus. Damages & w/ Demolition 103 - Commercial w/ Bus. Damages & w/ Demolition 104 - Commercial w/ Bus. Damages & w/ Demolition [Large] 105 - Commercial w/out Bus. Damages & w/out Demolition 106 - Commercial w/ Bus. Damages & w/ Demolition 700 - Paired TCE, Commercial (See Parcel 101) 701 - Paired TCE, Commercial (See Parcel 102) 702 - Standalone TCE, Commercial 703 - Standalone TCE, Commercial 704 - Standalone TCE, Commercial 705 - Paired TCE, Commercial (See Parcel 104) 706 - Standalone TCE, Commercial 707 - Paired TCE, Commercial (See Parcel 106) BD1 - Business Damage Claim BD2 - Business Damage Claim BD3 - Business Damage Claim BD4 - Business Damage Claim BD5 - Business Damage Claim

This equates to the following:

o 4 Commercial properties with Business Damages and Demolition;

o 1 Commercial properties with Business Damages and Demolition [Large];

o 1 Commercial property without Business Damages or Demolition;

o 4 Paired temporary construction easements (commercial);

o 4 Standalone temporary construction easements (commercial);

o 5 Potential Business Damage Claims.

DOW97, Continuing Services for Right of Way Acquisition & Relocation

Florida Acquisition & Appraisal, Inc. 2 of 3 www.flaa.com

ASSUMPTIONS & DELIVERABLES

22 Month Project Schedule, as opposed to the original 24-month acquisition schedule, from NTP. Project schedule is contingent on the current agreed upon delivery timeframe and FLAA’s receipt of Title Searches and Appraisals. Title Searches & Updates, Legal Descriptions, Sketches, and R/W Maps shall be provided to FLAA at NTP.

Hours are reflective of the expedited nature of the schedule.

It is presumed, and recommended for efficiency and project schedule integrity, that Lawsuits will be grouped for filing, with Order of Takings scheduled in batches by the Department, to ensure adequate timeframes for title transfer and parcel clearing.

Acquisition, Business Damages Claims, & Property Management portions of the Scope of Services of Contract DOW97 serve as the basis for services provided.

Relocation services are not expected, quoted, included, or otherwise made part of this task schedule or staff-hour estimate.

Any changes to the parcel Task Work Order assignment, to include the number of assigned parcels, identification of parcel types, and/or parcel unit rates, shall be discussed and agreed upon by both the Department and FLAA prior to issuance of an amendment to the Task Work Order or issuance of a new Task Work Order.

The first billing Milestone may be invoiced for the preparation and delivery of the Department’s “Pre-591 Notice to Owner” letters. Standard NTO milestone requirements shall apply, such as confirmation of receipt or undeliverable status, OneDrive uploads, and RWMS entry.

The standard NTO letters shall be delivered with the Written Offer at Initiation of Negotiations, as allowed by Florida Statute.

It is agreed that, for expediency and to assure Good Faith Negotiations, all Written Offers shall be made by Certified mail with Return Receipt requested.

FLAA shall develop demolition scope, coordinate with the Department and Contractor, and provide oversight of demolition activities.

Department’s demolition contracting shall be completed under the Department’s Districtwide Demolition Contract in advance of Title Transfer to ensure integrity of the project’s schedule.

All Demolition Contract activities will be completed by the Department’s Demolition Contractor and invoiced directly to the Department by the Demolition Contractor. FLAA shall review the invoice to ensure invoiced activities actually occurred and provide photo evidence.

As agreed, FLAA’s responsibility for conducting parcel inspections shall end at Right of Way Certification, currently scheduled for July 2025.

Business Damage Claim Analysis and Review shall be conducted by FLAA’s contracted subconsultant. Their services shall be developed and tasked by the Department and invoiced as a pass-through expense.

MILESTONES

Due to the expedited schedule, the prospect of Business Damage claims, and necessity for advanced research of recorded and unrecorded, unknown, and out-of-state interests, the following milestones are proposed. Note: There exists extensive labor prior to parcel IN for research and collection of suit information and determining business damage eligibility. There is also a significant invoicing gap between the suit filing and OT milestones where labor is still necessary.

Acquisition Owner / Tenant Notification …..……………………….…. 30% Initiation of Negotiations (IN) ...……………………….…. 25% Approved Settlement / Suit to Legal ………………….…. 20% Warrant Requested / Suit Filed ……………………….…. 10% Closing / Order of Taking Deposit ………………………. 5% Parcel Clear …………………………………………….….. 5% File Retired / Merging ….…………………………….…… 5%

DOW97, Continuing Services for Right of Way Acquisition & Relocation

Florida Acquisition & Appraisal, Inc. 3 of 3 www.flaa.com

Business Damage Claims Owner/Tenant Claim Received ………………………….. 15% Bus. Damage Committee Meeting/Counteroffer Made .. 25% Approved Business Damage Settlement ………………. 15% Warrant Requested ………………………………………. 15% Business Damage Closing ………………………………. 15% File Retirement/Merging …………………………………. 15%

CLASSIFICATIONS

FLAA has incorporated hours for appropriate contracted classifications to meet the departments needs on this assignment. Work shall be completed by:

Project Manager (PM, QA, & Negotiations, Suit, RWMS)

Senior Acquisition Agent (QA/QC & Negotiations, Suit info, RWMS)

Acquisition Agent (QC, Negotiations, Support, Suit Info, RWMS)

Suit Coordinator (Lawsuit Preparation, Project Support, RWMS)

Secretary/Clerical (Project Support, RWMS)

PROPOSED HOURS

ACQUISITION PARCELS

Number Parcels

Hours Per Type

Total Hours

Commercial (no Bus. Damages / no Demo) 1 240 240

Commercial (Bus. Damages / Demo) 4 287 1148

Commercial (Bus. Damages / Demo) [Large] 1 312 312

TCE (Paired) 4 55 220

TCE (Standalone) 4 152 608

TOTAL : 14 2528

BUSINESS DAMAGE CLAIMS

Number Claims

Hours Per Claim

Total Hours

Business Damage Claims 5 90 450

TOTAL : 5 450

FLAA is committed to assisting in all facets of right of way on the project and we appreciate this opportunity to continue working with the Department and its staff. Please call us at your convenience should you have any questions or to discuss any portion of this proposal.

Sincerely, FLORIDA ACQUISITION & APPRAISAL, INC.

Jack Curatelli

Jack Curatelli, SR/WA President

Encl. (7) Staff-hour worksheets

1) Comm.; 2) Comm. BD/Demo; 3) Comm. BD/Demo (Large/Publix);

4) TCE-Paired; 5) TCE Standalone; 6) Bus. Damage Claims;

7) FLAA Project Schedule

Project Name: Task 1 - Lantana Rd

Parcels: 105

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 46 12 91 0 41 50 240

Assumptions:

See Cover Letter & Scope of Services

105 - Dept. of Admin. Svcs. & FHP

COMMERCIAL IMPROVED

[NO BUS. DAMAGES / NO DEMOLITION]

Staffhour Estimate Worksheet

Right of Way Acquisition Services

Parcels: 101 | 102 | 103 | 106

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 55 14 120 0 48 50 287

Assumptions:

See Cover Letter & Scope of Services

101 - Keeper's Self Storage Poss. BD Claims: 2. Owner-Operated Storage; u-Haul. Possible parking impact if variance not granted.

102 - Costco Poss. BD Claims: 1. Owner-Operated. Big Box store w/ fuel station.

103 - Wells Fargo Poss. BD Claims: 1. Owner-Operated. Parking, Drive-thru circulation, and large interstate sign.

106 - Medical Suites Poss. BD Claims: Up to 12. Numerous medical practitioners. ~12 Parking spots impacted if variance not granted.

COMMERCIAL IMPROVED

[BUS. DAMAGES / DEMOLITION]

Staffhour Estimate Worksheet

Parcels: 104

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 55 14 125 0 48 70 312

Assumptions:

See Cover Letter & Scope of Services 104 - Lantana Plaza [Publix Anchor] Poss. BD Claims: Up to 22. [21 Tenants plus owner]. ~34 parking spots impacted; more if variance not granted. Large monument sign with electric.

COMMERCIAL IMPROVED

[BUS. DAMAGES / DEMOLITION]

Staffhour Estimate Worksheet

Parcels: 700 | 701 | 705 | 707

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 4 2.5 16.5 17 13 2 55

Assumptions:

See Cover Letter & Scope of Services

700 - Keeper's Self Storage

701 - Costco

705 - Lantana Plaza [Publix Anchor]

707 - Medical Suites

PAIRED TCE

[COMMERCIAL]

Staffhour Estimate Worksheet

Parcels: 702 | 703 | 704 | 706

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 23 9 0 54 26 40 152

Assumptions:

See Cover Letter & Scope of Services

Commercial properties w/ potential business damages.

702 - Palm Beach County Solid Waste Authority

703 - Shell Station / Daily's Convenience Store

704 - TWAS Properties (Prev. Chase Bank)

706 - Swifty Convenience Store

STANDALONE TCE

[COMMERCIAL]

Staffhour Estimate Worksheet

Parcels: 101 | 102 | 103 | 104 | 106

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 17 4 23 24 22 0 90

Assumptions:

See Cover Letter & Scope of Services

101 - uHaul

102 - Costco

103 - Wells Fargo

104 - Dunkin Donuts

106 - Medical Practice

BUSINESS DAMAGE CLAIMS

Staffhour Estimate Worksheet

Parcels: 101 | 102 | 103 | 104 | 106

Job Classification:

Project

Manager

QA / QC

Sr. Acq. (A)

Sr. Acquisition

Agent (A)

Acquisition

Agent

Secretary /

Clerical

Suit

Coordinator Totals

Total Staff-Hours 17 4 23 24 22 0 90

Assumptions:

See Cover Letter & Scope of Services

101 - uHaul

102 - Costco

103 - Wells Fargo

104 - Dunkin Donuts

106 - Medical Practice

BUSINESS DAMAGE CLAIMS

Staffhour Estimate Worksheet

ID Deliverable Task Name Calendar

Days

Start Finish Predecessors

1 FDOT D4 | Task 1 | Lantana Road 689 days Mon 9/11/23 Thu 7/31/25

2 FLAA NTP & all deliverables* provided 0 days Mon 9/11/23 Mon 9/11/23

3 PRE-APPRAISAL TASKS 12 days Mon 9/11/23 Fri 9/22/23

4 FLAA Pre-HB591 letters prepared, sent, delivered (all parcels) 12 days Mon 9/11/23 Fri 9/22/23 2

5 ACQUISITION & PROPERTY MANAGEMENT 670 days Mon 9/25/23 Fri 7/25/25

6 FLAA Clear encroachments 641 days Mon 9/25/23 Thu 6/26/25 4

7 FDOT D4 Appraisals delivered to FLAA 91 days Fri 1/19/24 Thu 4/18/24

8 First batch 1 day Fri 1/19/24 Fri 1/19/24

9 Last batch 1 day Thu 4/18/24 Thu 4/18/24

10 FLAA NTO + Offer packages: prepare & send 102 days Mon 1/22/24 Thu 5/2/24

11 First batch 26 days Mon 1/22/24 Fri 2/16/24 8

12 Last batch 14 days Fri 4/19/24 Thu 5/2/24 9

13 FLAA Initiation of Negotiations (I.N.) 75 days Mon 2/19/24 Fri 5/3/24

14 First batch 1 day Mon 2/19/24 Mon 2/19/24 11

15 Last batch 1 day Fri 5/3/24 Fri 5/3/24 12

16 FLAA Good Faith negotiations, closings, initial suit info 106 days Tue 2/20/24 Tue 6/4/24

17 First batch 58 days Tue 2/20/24 Wed 4/17/24 14

18 Last batch 30 days Mon 5/6/24 Tue 6/4/24 15

19 FLAA Notice to Business Owners: prepare & send 106 days Tue 2/20/24 Tue 6/4/24

20 First batch 30 days Tue 2/20/24 Wed 3/20/24 14

21 Last batch 30 days Mon 5/6/24 Tue 6/4/24 15

22 FLAA Lawsuits prepared 57 days Thu 4/18/24 Thu 6/13/24 17

23 FLAA Suit to legal 1 day Fri 6/14/24 Fri 6/14/24 22

24 FDOT D4 Lawsuits reviewed 30 days Mon 6/17/24 Tue 7/16/24 23

25 FDOT D4 Lawsuits filed 1 day Wed 7/17/24 Wed 7/17/24 24

9/11 NTP & all deliverables* provided

PRE-APPRAISAL TASKS

ACQUISITION & PROPERTY MANAGEMENT

1/19

4/18

2/19

5/3

6/14

7/17

Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep

2024 2025

FLAA Task External to FLAA Sub Task Variable Duration Milestone Full Project Summary

FLAA RIGHT OF WAY ACQUISITION SCHEDULE

County Road 812 (Lantana Road)

Palm Beach County

Page 1 of 2 Prepared for: FDOT District 4

Print Date: Tue 8/29/23

ID Deliverable Task Name Calendar

Days

Start Finish Predecessors

26 EXTERNAL Court processing; judge calendar 267 days Thu 7/18/24 Thu 4/10/25 25

27 EXTERNAL Last Order of Taking (OT) 1 day Fri 4/11/25 Fri 4/11/25 26

28 FDOT D4 Deposits 19 days Mon 4/14/25 Fri 5/2/25 27

29 FLAA File Retirement 82 days Mon 5/5/25 Fri 7/25/25 28

30 FLAA Demo contractor scope, NTP, etc. 29 days Mon 5/5/25 Mon 6/2/25 28

31 FLAA Property Management: demo supervision, clearing, etc. 31 days Tue 6/3/25 Thu 7/3/25 30

32 FDOT D4 Parcels vacated (as applicable) 29 days Mon 5/5/25 Mon 6/2/25 28

33 FDOT D4 Demolition 31 days Tue 6/3/25 Thu 7/3/25 32

34 BUSINESS DAMAGE CLAIMS 376 days Thu 3/21/24 Mon 3/31/25

35 FDOT D4 Process business damage claims 254 days Thu 3/21/24 Fri 11/29/24

36 First batch 180 days Thu 3/21/24 Mon 9/16/24 20

37 Last batch 178 days Wed 6/5/24 Fri 11/29/24 21

38 FLAA Business damage activities (various; e.g. settlement, warrant) 196 days Tue 9/17/24 Mon 3/31/25

39 First batch 120 days Tue 9/17/24 Tue 1/14/25 36

40 Last batch 120 days Mon 12/2/24 Mon 3/31/25 37

41 R/W DEMOLITION CLEAR 0 days Fri 7/4/25 Fri 7/4/25 33

42 R/W CERTIFICATION FOR CONSTRUCTION 0 days Thu 7/31/25 Thu 7/31/25

43 * List of Deliverables Needed: #ERROR

44 1 Title searches #ERROR

45 2 Right-of-way maps #ERROR

46 3 Construction plans #ERROR

47 4 Legals and sketches #ERROR

48 5 Recently approved/completed reference packages #ERROR

49 CRITICAL PATH MAPPING: #ERROR

50 -Highlights indicate key risks to schedule/project delivery. #ERROR

4/11

BUSINESS DAMAGE CLAIMS

R/W DEMOLITION CLEAR 7/4

R/W CERTIFICATION FOR CONSTRUCTION 7/31

Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep

2024 2025

FLAA Task External to FLAA Sub Task Variable Duration Milestone Full Project Summary

FLAA RIGHT OF WAY ACQUISITION SCHEDULE

County Road 812 (Lantana Road)

Palm Beach County

Page 2 of 2 Prepared for: FDOT District 4

Print Date: Tue 8/29/23

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

DOW97

8/31/2023

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 8/31/2023

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55043030455

Expansion Option: AB

Object Code: 131328

Amount: $448,726.41

Financial Project: 41325814201

Work Activity (FCT): 121

CFDA:

Fiscal Year: 2024

Budget Entity: 55100100

Category/Category Year: 088853/24

Amendment ID: W001

Sequence: 00

User Assigned ID: 1

Enc Line (6s)/Status: 0002/04

Total Amount: $448,726.41

Contract: DOW97

Contract Type: DH - RELOCATION SERVICES (RELOCATION)

Vendor Name: FLORIDA ACQUISITION & APPRAISAL

Vendor ID: F593331947002

Beginning Date of This Agreement: 08/18/2023

Ending Date of This Agreement: 08/17/2028

Contract Total/Budgetary Ceiling: bc = $5,000,000.00

Method of Procurement: C - REQUEST FOR PROPOSAL (287.55,F. S.)

Description: Continuing Services for

Page1 of 1

To: Celestino.Lucero@dot.state.fl.us