Professional Services Agreement - Lawson Fisher Assoc. - Olive Road Project

Home Browse Search

Version 6-8-2017 D. While the plans, aerial mosaics, title information, survey, parcel plats and calculation sheets have been made with reasonable care, there is no expressed or implied guaranty that conditions so indicated are entirely representative of those actually existing, or that unlooked-for developments will not occur. The Consultant is required to examine carefully all such data and satisfy itself as to the actual conditions. In case of any obvious discrepancy between the information furnished and the actual conditions of the locality, or in case of errors or omissions in said information supplied, the Consultant shall inform the LPA, in writing, of any such defect, error or omission which cannot be resolved without altering the design. E. The Consultant agrees to updating reports at the request of the LPA and/or testify in court on behalf of the LPA, on any parcels should he/she be required to do so by the LPA. Task 5. Negotiating/Buying A. The CONSULTANT will be assigned parcels of real estate to acquire on an as -needed basis. The CONSULTANT shall make every reasonable effort to acquire assigned parcels expeditiously. B. The CONSULTANT shall make a prompt offer to acquire each parcel for the full amount, which has been established and approved by INDOT as just compensation for the acquisition. The offer shall be made in a Uniform Land and Easement Acquisition Offer letter which shall be given to each parcel owner in person or sent by certified mail with return receipt requested. The CONSULTANT shall also provide the parcel owner a copy of the appraisal (the appraisal copy furnished the owner shall only be on light green paper) written statement explaining the basis for the amount, which has been established. In accomplishing the above, the CONSULTANT shall do the following: 1. Make all reasonable efforts to personally contact each owner or his designated representative, explain the acquisition, and offer in writing the approved estimate of just compensation. When all efforts to make personal contact have failed or in the event the property owner resides out of state, the owner may be contacted by certified or registered first class mail or other means appropriate to the situation. 2. No later than the first contact where the offer is discussed, the CONSULTANT shall give the owner a brochure describing the land acquisition process and the owner's rights, privileges and obligations. C. The owner of improvements located on lands being acquired for right-of-way should be offered the option of retaining those improvements at a retention value determined by the CONSULTANT and approved by INDOT. D. A revised offer and summary statement of just compensation shall be provided the owner if: The extent of the taking is revised, or The approved estimate of just compensation is revised by the Review Buyer. E. The CONSULTANT shall maintain adequate records to include a report for each parcel containing but not limited to: I . The date and place of contact, 2. The parties of interest contacted, 3. The offer made, 4. The counter offer or reasons offer was not accepted, 5. The signature of the CONSULTANT, date, and initialed by the person contacted. FIE