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ST9902-CN090512 City of Coppell West Sandy Lake Road Fr: Coppell Road North To: Denton Tap Road ROW Acquisition Services ,----- Teague Nail & Perkins, Inc. (TNP) proposes to add right of way acquisition and utility coordination services to our current contract for the design and plan preparation for the above described section of W. Sandy Lake Road in the City of Coppell. A description of the anticipated work includes: RIGHT OF WAY ACQUISITION: . Title opinion - Request title opinion and commitment to provide title insurance from Title Company. Review title issues and plan to discuss with property owner at the appropriate time. The time to coordinate with the Title Company is included in the contract parcel cost. Title insurance fee is not included the basic services in this proposal. . Initial Notice Letter - Prepare a letter to each impacted property owner describing the proposed roadway work and the anticipated need for ad~itional property from them. The City's property acquisition process will be discussed and a copy of the "Land Owners Bill of Rights" enclosed. Advise the owner that they will soon be contacted by a TNP Agent, representing the City of Coppell, to discuss the purchase of their property. ------- . Land value estimates - Working with prepared property descriptions of the proposed right of way, value estimates will be calculated using the land value as established by the tax appraisal district. Each property will be visited to determine if there are improvements that should be included in the value estimate. When valuations are complete TNP staff will present them to City staff for their review and approval . prior to initiations of negotiations. . Offer of Purchase- TNP Agents will contact each property owner and schedule a time to meet with them to discuss the purchase of the needed right of way. The agent will answer all questions either directly or after discussions with the design engineer or other informational sources. The offer of purchase will be formalized in an "Offer Letter" to the property owner. . Negotiations - Agent will contact property owner on a weekly basis until an agreement is reached or it is determined that further contacts would be non productive. All counter offers will be presented to City staff for determination of acceptability. Length of negotiations will be determined by the City staff and project timing issues. ~ · Closing - When an agreed to amount has been determined our agent will work with City staff and Title Company to fund the purchase and set a closing date. Agent will work with Title Company and property owner to secure all title curative documents. · Property Management - TNP agents will work closely with the property owner to ensure that any personal property that may be in the new right of way will be removed in a time frame compatible with utility adjustments and project construction. · Appraisal - If negotiations based on the appraisal district value are unsuccessful, a formal appraisal of the property will be performed by a qualified independent real estate appraiser. The appraiser's work product will comply with the "Uniform Standards of Professional Appraisal Practice". The appraiser will conduct an on- site inspection of the property and afford the property owner the opportunity to accompany him/her on this inspection. When the report is complete it will be presented to City staff for their review and approval prior to making the offer to the property owner. The cost of the appraisal service is not included in this proposal. TNP will secure this work from an independent appraiser and pass the cost through to the City or the City may contract directly with the independent appraisers. · Negotiations - Agent will reopen negotiations with the property owner with the offer being based on the value of the formal appraisal and as approved by City Staff. Good-faith negotiations will continue until an agreement is reached or until it is determined that further negotiations are not fruitful. If an agreement is reached, a closing as described above is scheduled. · Referral to Condemnation - When all options for securing the property have been exhausted and by City Staff concurrence, the owner will be sent a final offer letter and the parcel will be referred to the City legal staff to schedule a commissioner's hearing. · Condemnation support - Negotiation reports, appraisal reports and other supporting documents will be provided to City's legal representative. Appraiser will serve as the value expert and work with the City Attorney to prepare and present testimony at the Commissioner's Hearing. TNP Agent will be available to testify about the negotiation process as requested by the City's Attorney. TNP Engineers will testify concerning the need for the project and/or the basic standards utilized in the project design. Exhibits requested by the attorney will be prepared by TNP engineering staff. The costs of expert testimony time for the appraiser, row agent and engineer are not included in this proposal but will be billed at the contract hourly rates for each respective staff/service. Court Exhibit preparation time is not included in the basic service. FEE STRUCTURE ROW Acquisition: 9 parcels @ $2800/parcel $25,200.00 Basic Fee includes all described services except: I. Title insurance - cost of title policy 2. Appraisal Fee - Cost of preparation of a formal appraisal on parcels that are referred to Eminent Domain. 3. Expert testimony fees in Eminent Domain proceedings for the Appraiser, ROW Agent and Engineer. if needed. 4. Time and expense of exhibit preparation for Eminent Domain proceedings. Rates for extra services: 1. Ti tie Insurance - determined by amount of parcel cost (set by State Insurance Board) 2. Appraisal Fee - Cost of appraisal preparation and testimony hourly rates are negotiated at the time appraiser is contracted to do the work. 3. Expert testimony rates: a. ROW Agent - $1 OO/hour b. Engineer - Rates are in existing TNP contract c. Appraiser - Negotiated when work is contracted 4. Exhibit preparation cost will be negotiated with in existing TNP contract. Notices: All notices to the parties shall be in writing and shall be sent to the address of the party as it appears in this Agreement. Consultant Owner Teague Nail and Perkins, Inc. Mark 1. Holliday, Principal 12160 N. Abrams Rd, Ste 508 Dallas, Texas 75243 City of Coppell Clay Phillips, City Manager P.O. Box 9478 Coppell, TX 75019-9478 IN WITNESS WHEREOF, the parties hereto have affixed their signatures, the date and year first above written. TEAGUE NALL AND PERKINS, INC. CITY OF COPPELL ;v{ D. f '? d. W//dti}" Name C/"7 /!/J ~I Name Sign~e DJir f )~/Jf Date (' ~e:1i #&t~~ ..5:- / l. - 09 Date