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<br />Page 10 <br />(Exhibit A – Engineer’s Services) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />3. The appraisal will conform to statutory and judicial determinations regarding non- <br />compensable items as set forth and discussed in "The INDOT Appraisal Manual" and/or <br />conferences between the parties. <br /> <br />4. The Consultant agrees to updating reports at the request of Owner and/or testify on behalf of <br />the Owner, on any affected parcels as may be requested. <br /> <br />D. Negotiation/Buying <br /> <br />1. The Engineer and its Consultants will be required to acquire parcels of real estate. The Engineer <br />shall make every reasonable effort to acquire assigned parcels expeditiously. <br /> <br />2. The Engineer shall make a prompt offer to acquire each parcel for the full amount, which has <br />been established and approved by the Owner as just compensation for the acquisition. The <br />offer shall be made in a Uniform Land and Easement Acquisition Offer letter which shall be <br />given to each parcel owner in person or sent by certified mail with return receipt requested. <br />The Engineer shall also provide the parcel owner a copy of the appraisal written statement <br />explaining the basis for the amount, which has been established. In accomplishing the above, <br />the Engineer and its Consultants shall do the following: <br />a. Make all reasonable efforts to personally contact each owner or his designated <br />representative, explain the acquisition, and offer in writing the approved estimate of <br />just compensation. When all efforts to make personal contact have failed or in the event <br />the property owner resides out of state, the owner may be contacted by certified or <br />registered first class mail or other means appropriate to the situation. <br />b. No later than the first contact where the offer is discussed, the Engineer through it <br />Consultants shall notify the owner’s rights, privileges and obligations. <br /> <br />3. The owner of improvements located on lands being acquired for right-of-way should be offered <br />the option of retaining those improvements at a retention value determined by the Engineer <br />and approved by the Owner. <br /> <br />4. A revised offer and summary statement of just compensation shall be provided the owner if: <br />a. The extent of the taking is revised, or <br />b. The approved estimate of just compensation is revised by the Review Buyer. <br /> <br />5. The Engineer shall maintain adequate records to include a report for each parcel containing <br />but not limited to: <br />a. The date and place of contact, <br />b. The parties of interest contacted, <br />c. The offer made, <br />d. The counter offer or reasons offer was not accepted, <br />e. The signature of the Engineer's Consultant, date, and initialed by the person contacted. <br /> <br />6. The property owner must be given a copy of the report on each contact. <br /> <br />7. When attempts to buy are successful, a signed statement is to be prepared by the Engineer's <br />Consultant to the effect that: