HomeMy WebLinkAboutResolution No. 2010-091
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- • , ( I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE PROFESSIONAL SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
HALFF ASSOCIATES FOR EASEMENT ACQUISITION SERVICES FOR
UTILITY RELOCATION ON MAIN STREET (F.M. 423), WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into a Contract such that the
Consultant is to provide the following services: EASEMENT ACQUISITION SERVICES FOR
UTILITY RELOCATION ON MAIN STREET (F.M. 423); and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Halff Associates, which is attached hereto and incorporated herein by reference
as Exhibit "A," under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $355,850 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Professional Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas,
and found to be acceptable and in the best interest of the City and its citizens, be, and the same is
hereby, in all things approved for a total amount not to exceed $355,850.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED, APPROVED and EFFECTIVE this 19th day of October, 2010.
ATTEST: ~-Z5-
. T e;McCo-46y, Mayor
Ji f Ct of The Colony, Tex s
Christie Wilson, City Secretary
III
APPROVED AS TO FORM:
v;
Jeff Moore, City Attorney
i
i
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services ("Agreement") is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas ("City"), and
Halff Associates, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"),
acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for FM 423
Utility Relocation Project - Easement Acquisition Services ("Project") in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional's profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
PROFESSIONAL SFRyicES AGREEMENT: FM 423 UTILITY RELOCATION PROJECT - EASEMENT ACQUISITION Page 1
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled "Scope of Services". In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project ("Project Documents") are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall be provided a license to possess and utilize all Project Documents for the purposes of
acquiring real property and constructing, maintaining and operating improvements City shall have
full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and
material or equipment suppliers to reproduce applicable portions of the Project Documents to and
for use in their execution of the work or for any other purpose. Professional shall, upon
completion of the services provided under this Agreement, or upon earlier termination of this
Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by
Professional pursuant to this Agreement, and shall provide same in electronic format if requested
by City. Any re-use of the Project Documents by the City on any other project not contemplated or
included under this Agreement shall be at the City's sole risk, without liability to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Work Schedule"), which is attached hereto and incorporated as Exhibit B.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional's request.
PROFESSIONAL SERVICES AGREEMENT: FM 423 UTILITY RELOCATION PROJECT - EASEMENT ACQUISITION - Page 2
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a fee not to exceed $ 355,850.00 as specifically outlined in Exhibit B.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as reasonably determined by City or which is not performed in compliance with the
terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity, which City may have if Professional is
in default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
PROFESSIONAL SERVICES AGREEMENT: FM 423 UTILITY RELOCATION PROJECT - EASEMENT ACQUISITION - Page 3
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional's
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional's sequence of work or location at
which Professional performs Professional's work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City's review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for actual damages to City caused by Professional's negligent performance of any of
the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
PROFESSIONAL, SF,RVICEs MFE•EMENr: FM 423 UTILITY RELOCATION PROJECT - EASEMENT AC UISITION - Page 4
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
PROFESSIONAL SERVICES AGREEMENT: FM 423 UTILITY RELOCATION PR03F,CT - EASEMENT ACQUISITION -Page 5
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in pant
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
PROFESSIONAL SERVICES AORFEMENP' FM 423 UTILITY RELOCATION PROJECT - EASEMFNT ACQUISITION - Page 6
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of
time following the termination of this Agreement shall survive termination, including, but not
limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder maybe sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
Troy Powell Gordon Scruggs, P.E., CFM
City Manager Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Halff Associates, Inc.
Attn: Gary Leuba, SR/WA
1201 N. Bowser
Richardson, TX 75081
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
PROFESSIONAL SERVICES AGREEMENT: FM 423 UTILITY RELOCATION PROJECT - EASF,MENT ACQUISITION - Page 7
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE
ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON
OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF
PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT
PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF OF
THE WILLFUL MISCONDUCT ON THE PART OF PROFESSIONAL, ITS OFFICERS,
DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED
ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE
OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT.
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10,16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
PROFESSIONAL SFRVICEs AGREEMENT' PM 423 UTILITY RELOCATION PROJECT- EASEMENT ACOUISITION Page 8
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information" means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
EXECUTED this day of c , 2010.
City of The Colony, Texas
By:
Cit ager
A sj:
City Secretary
PRoFEssloNAL SERVICFs AGREEMENT: FM 423 UTILITY RFI OCATION PROJECT- EASEMENT ACQUISITION - Page 9
2010.
EXECUTED this day of
Professional
By:
Nance:
n
Title:
Attest:
Secretary
PROI'ESSIONAT SERVICES AGREEMENT: FM 423 UTILITY RI:I OCATION PROJECT- EASEMENT ACQUISITION -Page 10
Exhibit A
Scone of Services
Professional agrees to commence services upon written direction from City and to complete project
in accordance with the attached Halff Associates, Inc. scope of services found in "Exhibit C".
I
~I
i
I
Exhibit B
Work Schedule
Budget Requirements:
The services will be completed on a per parcel basis for Title, Appraisal and Acquisition Tasks.
Condemnation Support services will be billed on a time and materials basis, as needed. The total
not to exceed cost for the project is $ 355,850.00. No work outside the approved scope of work
should be performed by Consultant without prior written approval and Change Order to the
contract. A detailed breakdown of the fees for each of the parcels is attached in Exhibit D. Partial
payment will be made to Consultant as outlined in the Payment Schedule located in Exhibit E.
Schedule:
The services outlined in this proposal will be completed within 240 calendar days after notice to
proceed from The City of The Colony for all parcels that can be acquired by successful negotiation
and closure and that don't require the eminent domain process.
Exhibit C
ff _
III. Right of Way and Easement Acquisition Services
SERVICE REQUIREMENTS OF HALFF: Services shall include, but are not limited to the
fallowing activities:
A. Project Administration
1. Negotiation of the Scope of Services for each Work Authorization
1.1 Halff will visit project site with The Colony personnel.
2. Communication
2.1 Provide monthly summaries of project expenses including
amounts authorized, amounts paid and budget forecasting or
with an increased frequency as required by The Colony Office.
2.2 Maintain current status reports of all parcel and project activities
and provide weekly to The Colony Office in a farm approved by
that office.
2.3 Provide schedule of all areas of work indicating anticipated start
and end dates.
2.4 Participate in monthly project review meetings at dates and times
determined by The Colony Office.
2.5 Prepare initial property owner contact list for use by The Colony
Office in distribution of Halff introduction letters or as determined
necessary by that office.
3. File Management
3.1 Primary project and parcel files will be kept in The Colony Office.
Working files will be kept in Halff's project administrative office,
but docurnents generated or received by Halff will be forwarded
to The Colony as they are generated or received by Halff.
3.2 Prepare invoices utilizing The Colony standard payment
submissions farms with supporting documentation.
3.3 Maintain records of all payments including, but not limited to,
warrant number, amount, and date paid, etc.
3.4 Maintain copies of all correspondence and contacts with property
owners,
4. Parcel Priority - The parcel' acquisition and appraisal processes will be
prioritized by, but not limited to, the following factors:
4.1 Possible Condemnation Parcels:
Parcel 1 - Ron Renee aka Ron Green
Parcel 2 - Lakeridge, Ltd,
Parcel 4 - Autozone, Inc.
Page 1 of 10
Parcel 13 - McDonald's Corporation
Parcel 16 - H.K. Jin, Inc.
Parcel 21 - Colony PPC, L.P.
Parcel 22 - Cypress/FC The Colony I, L.P.
Parcel 23 - Michael Curtis Parker
Parcel 27 - Diana K. Herndon and Elizabeth K. Bump
Parcel 30 - RG Kolony 121, Ltd.
Parcel 31 - Wachovia Bank
4.2 Complex Issues
(Such as title curative work including, but not limited to, releases
of lien, subordination of lien agreements, probate, etc.)
4.3 Uncomplicated Parcels
B. Title and Closing Services (combined)
1. Secure preliminary title commitment or preliminary title search, and 5-
year sales data from Title Company that will be providing title insurance.
1.1 The Colony has the option to provide the initial title commitment
at the beginning of the project and therefore Halff would not be
eligible for the first payment milestone for Title and Closing
Services. However, if Halff has to secure an updated title
commitment, Halff becomes eligible for the first payment
milestone for Title and Closing Services.
1.2 The charges from the Title Company for the preliminary title
commitments will be paid by The Colony and are not included in
Halff's negotiated fee schedule.
2. Secure title commitment updates in accordance with insurance rules and
requirements for parcel payment submissions. The charges from the
Title Company for the update of the title commitment will be paid by The
Colony and are not included in Halff's negotiated fee schedule.
3. Secure title insurance for all parcels acquired, insuring acceptable title to
The Colony. Written approval by The Colony required for any exception.
The charges from the Title Company for the title insurance will be paid by
The Colony and are not included in Halffs negotiated fee schedule.
4. The curative services necessary to provide clear title to The Colony is
the responsibility of Halff and is included in the negotiated fee schedule
for this service. Note: Halffs curative services do not include
costs/expenses that qualify as payment of incidental expenses to
transfer real property to The Colony.
5. Halff has the responsibility of direct contact with the Title Company to
obtain an updated title commitment along with other forms and certified
copy of the instrument of conveyance necessary when requesting the
Parcel Payment from The Colony.
6. Halff provides closing services in conjunction with the Title Company and
at the discretion of The Colony may be required to attend closings.
Page 2 of 10
7. Any fee related to obtaining certified court documents and fees for
recording same which are not collected at the closing of the parcel shall
be direct pass through fees.
8. Halff shall cause the recordation all original instruments immediately
after closing at the respective County Clerk's Office, except for donations
which must be forwarded to The Colony for acceptance by The Colony
prior to recording. The cost of the recording fees and filing fees are paid
by The Colony and are not included in Halff's negotiated fee schedule.
C. Initial Appraisal
1. Halff will subcontract with the following real estate appraisers.
1.1 John M. Dean, John M. Dean & Associates
1.2 Tracy Law, Henry S. Miller Commercial
1.3 Kevin Angel, AR/WS Appraisal
2. Secure written permission from the owner to enter the property from
which real estate is to be acquired. If Halff, after diligent effort, is unable
to secure the necessary letter of permission from the property owner, a
waiver must be obtained in writing from The Colony. Maintain
permission letters with appraisal reports.
3. Prepare and conduct personal pre-appraisal contact with interest
owner(s) for each parcel using acceptable forms.
4. Contact property owners or their designated representative to offer
opportunity to accompany the appraiser on the appraiser's inspection of
subject property. Maintain record of contact in file.
5. Prepare complete appraisal report for each parcel utilizing TxDOT forms.
These reports shall conform to TxDOT's policies and procedures along
with the Uniform Standards of Professional Appraisal Practices.
6. As necessary, prepare written notification to The Colony of any
environmental concerns associated with the right of way to be acquired,
which could require environmental re-mediation.
7. All completed appraisals will be administratively reviewed by The Colony
and recommended for approval by The Colony or its assigns.
8. As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required.
S. As necessary, the appraiser will prepare and give testimony as an Expert
Witness in eminent domain proceedings through the Special
Commissioners Hearing. The cost of the appraiser's preparation,
appearance and testimony as an expert at the hearings will be billed on
an hourly basis as referenced in the Fee Proposal Worksheet. The
appraiser is eligible for a work assignment and additional fees not
associated with the contract.
Page 3 of 10
10. As necessary, the appraiser will be available for pre-trial meetings as
directed by The Colony. The cost of the appraiser's preparation and
expert witness testimony for trial is not part of the Fee Proposal
Worksheet and the appraiser is eligible for a work assignment and
additional fees not associated with the contract.
D. Initial Appraisal Review
1. Halff will subcontract with the following real estate appraisal reviewer.
1.1 William C. Coleman, Independent
2. Review all appraisal reports for each parcel to determine consistency of
values, supporting documentation related to the conclusion reached,
compliance with TxDOT policies and procedures and the Uniform
Standards of Professional Appraisal Practices.
3. Prepare and submit to The Colony a "Tabulation of Values" (Form ROW-
A-10), for approval of each appraisal.
4. The cost of the review appraiser preparing, appearing and giving
testimony as an expert witness at the Special Commissioners Hearings
is not part of the Fee Proposal Worksheet and the review appraiser is
eligible for a work assignment and additional fees not associated with the
contract.
5. As necessary, the review appraiser will be available for pre-trial meetings
as directed by The Colony. The cost of the review appraiser's
preparation and expert witness testimony for trial is not part of the t=ee
Proposal Worksheet and the review appraiser is eligible for a work
assignment and additional fees not associated with the contract.
E. Appraisal Assumptions
1. Short-form appraisals will be prepared.
The Short-form is useful in the following situations:
• when improvements are not substantially impacted by the acquisition
in a manner other than the minor replacement or reestablishment of
items measurable by cost to cure;
• for residential properties;
• when value is based on market data comparable sales only;
• for rural properties where damages are limited; and
• in instances where arbitrary values are used to value improvements,
e.g., assessed values.
The Short-form may be inadequate for commercial properties, partial
acquisitions where remainder enhancements may offset damages, or
where the acquisition has substantial impact on the value of the
remainder.
Page 4 of 10
The Long-form is distinguished from the Short-form valuation format in
that it documents the value of the whole property, the value of the part to
be acquired and the values of the remainders before and after the
acquisition. It provides for the utilization of the three approaches to
value. If a particular approach to value is considered not applicable, the
appraiser will state the reason why that approach does not apply. This
form should be utilized in complex acquisitions involving significant
improvements, damages, or enhancements and is recommended for
eminent domain proceedings or where the other valuation formats are
not appropriate.
2. The contractor will complete construction and return the area to service
as soon as possible. The contractor will make the necessary pavement
repair and landscape repair according to the plans. The owners will be
allowed to pave, park and landscape over the easements, but no
permanent structures, buildings, fences, etc. The City will retain the right
to remove the improvements to access their utilities.
3. Utility easements are for water, sanitary sewer, and any other franchise
utility that the City allows to use the space if any. All drainage
easements are designated as drainage and are included in the TxDOT
ROW acquisition.
4. The Colony will grandfather non-conformities or guarantee variances.
5. With TxDOT approval, copies of TxDOT appraisal reports shall be
provided to the appraisers to ascertain damages already paid to avoid
double damage compensation.
F. Appraisal Updates
1. As necessary, the appraiser will prepare complete appraisal update for
the parcel to be acquired utilizing TxDOT's appropriate forms. These
reports shall conform to TxDOT policies and procedures along with the
Uniform Standards of Professional Appraisal Practices. The cost of the
appraiser's preparation of the appraisal update will be billed on an hourly
basis as referenced in the Fee Proposal Worksheet.
2. As necessary, prepare written notification to The Colony of any
environmental concerns associated with the right of way to be acquired,
which could require environmental re-mediation.
3. All completed appraisals will be administratively reviewed by The Colony
and recommended for approval by The Colony Engineer or assigns.
4. As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments or additional information that may be
required.
5. As necessary, the appraiser will prepare and give testimony as an Expert
Witness in eminent domain proceedings through the Special
Commissioners Hearing. The cost of the appraiser's preparation,
appearance and testimony as an expert at the hearings will be billed on
an hourly basis as referenced in the Fee Proposal Worksheet. The
Page 5 of 10
appraiser is eligible for a work assignment and additional fees not
associated with the contract.
6. As necessary, the appraiser will be available for pre-trial meetings as
directed by The Colony. The cost of the appraisers preparation and
expert witness testimony for trial is not part of the Fee Proposal
Worksheet and the appraiser is eligible for a work assignment and
additional fees not associated with the contract.
G. Review of Updated Appraisal
1. Halff will subcontract with the following real estate appraisal reviewer.
1.1 William C. Coleman, Independent
2. Review all updated appraisal reports for each parcel to determine
consistency of values, supporting documentation related to the
conclusion reached, compliance with TOOT policies and procedures
and the Uniform Standards of Professional Appraisal Practices.
3. Prepare and submit to The Colony a "Tabulation of Values" (Form ROW-
A-10), for approval of each updated appraisal.
4. The cost of the review appraiser preparing, appearing and giving
testimony as an expert witness at the Special Commissioners Hearings
is not part of the Fee Proposal Worksheet and the review appraiser is
eligible for a work assignment and additional fees not associated with the
contract.
5. As necessary, the review appraiser will be available for pre-trial meetings
as directed by The Colony. The cost of the review appraiser's
preparation and expert witness testimony for trial is not part of the Fee
Proposal Worksheet and the review appraiser is eligible for a work
assignment and additional fees not associated with the contract.
H. Negotiation Services
1. Analyze preliminary title report to determine potential title problems,
propose methods to cure title deficiencies.
2. Analyze appraisal and appraisal review reports and confirm The Colony's
approved value prior to making offer for each parcel.
3. Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by The
Colony on applicable forms.
4. Contact each property owner or owner's designated representative, to
present the written offer in person (when practical) and deliver appraisal
report and required brochures. Maintain follow-up contacts and secure
the necessary instruments upon acceptance of the offer for the closing.
Page 6 of 10
6. Provide a copy of the appraisal report for the subject property exclusively
to the property owner or authorized representative at the time of the
offer. Maintain original signed receipt of appraisal for billing purposes.
6. Respond to property owner inquiries verbally and in writing within two
business days.
7. Prepare a separate negotiator contact report for each parcel per contact.
8. Maintain parcel files of original documentation related to the purchase of
the real property or property interests.
9. Advise property owner on the Administrative Settlement process.
Transmit to The Colony any written counter offer from property owners
including supporting documentation, and Halff recommendation with
regard to Administrative Settlements in accordance with The Colony
policy and procedures.
10. Prepare final offer letter, documents of conveyance as necessary.
11. Appear and provide Expert Witness testimony as a Provider when
requested.
12. Securing a Right of Entry is part of general Negotiation Services.
13. Provide Landowner's Bill of Rights to property owner as mandated by
State Law.
I. Condemnation Support Services (Pre-Hearing Support)
1. Upon receipt of a copy of the final offer, request an updated title
commitment for Eminent Domain from the Title Company.
2. Prepare, if applicable, Bisection, Drainage Easement and/or Temporary
Construction Easement clauses for the original set of Legal Descriptions
supplied by The Colony.
3. Use the information from the Title Commitment to join all interested
parties on the appropriate forms provided by The Colony. Spouses of
owners must be joined.
4. Upon completion of the appropriate form, prepare a packet containing 2
copies each of the following documents: Form joining all interested
parties, Commitment, Negotiator's Reports, Appraisal Acknowledgment,
Pre-appraisal Contact Sheet, signed and sealed property description,
and plat, Final Offer Letter, any correspondence from the land owner or
representatives, one original copy of the appraisal report, and any real
property records which are relevant to any unusual joinder or service
issue. Submit packet to The Colony.
5. Upon receipt of concurrence for the Appraisal Witness, request the
update of appraisal.
6. Upon receipt of packet prepared by The Colony which will include
Petition for Condemnation, Lis Pendens, Order Appointing
Page 7 of 10
Commissioners, Order Setting Hearing, Oath of Special Commissioner,
and Notice of Hearings, Halff will file the original petition with the County
Court at Law or other appropriate Court for a cause number to be
assigned.
7. File the Lis Pendens including the cause number with the County Clerk's
Office.
8. Send a copy of the condemnation petition to the Title Company and
request an updated title commitment. The Title Company needs to make
sure the appropriate parties were named in the petition and that no
changes in title have occurred.
9. Upon assignment of a court, file the Order Appointing Commissioners
with the judge, retaining a copy of the Order for the files.
10. Following appointment of Commissioners by the judge, secure the
following documents: Oath of Commissioners signed by the
Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing
signed by the Commissioners.
11. File all originals with the court and send copies marked "copy" to The
Colony.
12. If the updated appraisal does not change in value, set the
Commissioners Hearing. If there is an increase in value, Halff will make
a revised offer and a final offer letter and submit a copy of the final offer
letter.
13. Send a written notice to The Colony so that a conference room or court
room may be reserved for the hearing.
14. Coordinate the hearing date with The Colony Attorney, Appraiser, The
Colony Engineer, three Commissioners, and a court reporter.
15. Coordinate a Pre-Hearing conference prior to the hearing (the day before
or earlier) to discuss facts of the case with The Colony Attorney,
Appraiser, and The Colony Engineer.
16. After the Hearing is set, serve Notices of Hearing to the indicated parties
at least eleven (11) days prior to the Special Commissioners Hearing. If it
is necessary to join a federal agency, be advised that they have an
additional sixty (60) days after service of the Hearing to prepare. The
scheduling of the Hearing must allow for this additional time.
17. Once the notices have been served, file the original notices with the
court and send copies stamped "copy" to The Colony.
18. Send a reminder letter 2-3 weeks in advance to The Colony Attorney,
appraiser, three commissioners, court reporter, and The Colony
Engineer concerning Hearing dates.
Page 8 of 10
J. Condemnation Support Services (Post Hearing Support)
1. For the hearing, prepare Summary form and commissioners time sheets.
Submit Summary form to The Colony.
2. Obtain the signatures of commissioners on four (4) duplicate originals of
the Award of Commissioners and file one with the court for the judge's
signature within 48 hours of the Hearing. Have court clerk file-mark the
four duplicate originals and retain three.
3. Give timesheets to Judge. The Judge determines the amount paid to the
Commissioners.
4. Obtain and distribute 3 signed and file-marked copies of the Award as
follows:
4.1 One file-marked copy to the title company with a request for a
commitment.
4.2 One file-marked copy to The Colony Attorney.
4.3 One file-marked copy (or certified copy) to The Colony with the
previously obtained Commitment to request submission for
each commissioner's fee.
5. Send the Commitment and the file-marked Award to The Colony. The
Colony will prepare the payment submission for each commissioner's
fee.
6. File warrant in the registry of the court. File a Notice of Deposit with the
court and send certified copies to each defendant notifying them of the
date of the deposit. Note - The Date of Deposit is the Date of Take.
7. Take photograph of the interest to be acquired on the day of deposit for
relocation verification.
8. Send written notices of the date of deposit to The Colony and all
interested parties.
9. Appear as Expert Witness as requested.
SERVICE REQUIREMENTS of The Colony: Services shall include, but are not limited
to the following activities
1. Assurance of ROW Project Release.
2. Provide an approved Right of Way Map.
3. Provide timely reviews and approval of submissions.
4. Provide all necessary standard forms (e.g. easement documents) and brochures.
5. Process and issue all warrants for payment of approved purchase prices for each
parcel, relocation payment, and incidental expense involved in the transfer of
property to The Colony in accordance with State law.
Page 9 of 10
6. Provide final approval for all appraisals, relocation supplements, and moving
payments.
7. Provide a copy to Halff of their performance evaluation when completed.
8. May conduct surveys of property owners and displacees to determine quality of
performance by Halff.
9. Initiate, coordinate, and administer environmental investigation surveys.
10. Will pay direct cost charged by the Title Company for preliminary title
commitments, update title commitments and title insurance for all parcels
assigned in the work authorization.
11. Will pay direct cost of incidental expenses required to transfer real property to
The Colony, fees related to obtaining certified court documents, fees for
recording court documents, filing the petition in eminent domain cases and any
other recording fees for all original instruments.
Page 10 of 10
Exhibit D
D
O
Zv
N -A+ O N Wq V T A (AT A W O~ N
a A W W , 0 0~ N
Nm -C~? oG An~-c~
w m m n~i o o m m P ~O o a O N p a O n o N< X D D a o n O p p A
2 .n m o o m o m D m o y - m N m G N m - - n n m 0 0
~o o _ ~Q' o~c-a,N~N o 3_. °Am wo ° °o° °om off'' 0 0 0 - °o mx
£i w - Pi O aX ~ r- N X o p.0. Nm_7J r~ DODO-i -
wo no°,wN 'Dn° v d m,_m~p W°
n W y rn o+ o m m m w° ono A N N N w a N 3 m F o ti
3 - n _i~ °V i. •°nw m<m~ oa,o a~ 3 3 3<`°i+`_°
A 3 cni m n = o ' _ 00
j W D F
°m m No = Z n
65
a m 3 2 V - -
m
m
I
0 m d N D -
° d
0 A .
09
?J°N~ mX~Dn u, rn13f?
w f O i~ Q
C T A W V T r
d ~
w N ~~c
N d N ry
~o i T3 c °o
d
- - - - - - - - - - - - -
A C
N rn W W 3 n
aS
m w o o w. rn' Z s w O`m
~
m 90
a N c a y" v o o ° o I-
fl- 0 8 8 0 -n
n g n o a @ 3 3 3 3 3 3 3 m m m l ' ^ a it
30'c n' n n n n o'~ OI O, o, D - w
a~ k. 3 O .0. A F O 'o y v tAD A N A A N F~ N _C
io O - f v C m v v m d v m m v f
0'. CD
° <v A m 3° h
n °°o c`*' 0° m ? . ° 3 f Z o° o° ° o° o° ° u ° I - 1
o: C O - N n O W \\w f J d> j a m io m m m o _ {
m w= m m
3 = 3
°
N
o~. m P17~ TI -m
j N _ =.0 Q N ZI JI
n ti
o n
s _ 3.
o00 as
s w W 'W N I D
3 3 3 3 ~ 3 -
n n n n o d .
0 0 0 o a o o
3 3 3 3 3 3 3
° o m 0 °0 0 0 o m v
-mFu"i
C N
_ m
'm a a a a a a a a ~ 2, b' 2
O ~ A ~ w D
0 0 O O O O O O O O O O O O p ('J ~ N' 3 r '
N N
g O
T o O =
}
m D
~ 3 T
° N ~ z d T
- -~-ice N
D
Q
N N U T
O W V N O t0 W V D7 N A W N O O W V O N A W N p m m
N N r ~ r ~ (n
O-i0 m 000 OOOOn mom 0D07102O o07J«o O n~1020~ OZ <.'«~O
m2&O1DOC)<rC)~i
<?'D"°m 6nw mo°y o'er m p`pnm °m,~ coo Nd.p~~-wpm ~~log° N~
w _,m W nAm o p ten; wad a CD O 6In o DoL? o(nw 5 o cnp°=. c°nA
N W aN A In~A Two tOOwOw rn~b- A.T' QJ Om ON¢ON - °N- w~ O Ary Oo
A0 3_ W y 00 ° n = N Z N o m [~i S n N_ W m d N .m.. !]V Q n o o W w p r_ O N
-womo °m v ,°-orn -slam ~o~3c°n `~AV°m rno. 2 am
'n 3 m o v V 3 m m w 9 - _ No W o
O
} - - N o - 3 F
.Z7
m
- - - - - - - - - - - - - - - - - - - - - -
my0 C
N °m33_ IT
0
° AN W mm
A N
Cl)
O N ~ OI W (n A V ~ O O cwT~ (T W ~ p ° ~ T 3 ~ m
m = mm
w m a c z
.°m N T3~ (/J
m ~ m
a ~ oN, N m 'm 3
wm;
N m P Vm W A W m T 3 n
A C
V w o
T
m° 3
z z z z z
- - - -
z z z z v x mD.
N N SAO zz z z zz ° O ma w m O O O O N m v w _
m m m m m z z z z Off'
m m m m ~ y
rn,
O ~i O O O O O O O O D O D ~i DI _ W !K
I I D _ 't
OI - <p _j N tp ~O b w ~D vl o V
til N _ N N N N N N N - N N~I w _ -
_ 6 _ _ N cA0 N p tAp tp N b O W - ~I J O w N
W - ~ ~ W lPm V^~ _
N ~I
I - -
'22) 7 ' "'~I 00 W 00 _
1{
F I 7 F I~o?m~ I',r?~ 3 a i J IS Y-
C-'.~
x 5z 6I ? i I 31 it
III hI I x 5 x Iv,
z Iv -5! m i
;ai
to ~3 fo I3 3 3 3 3 I3 3 i3 3 ~3 3` 13~ I of _ 13 ofI 'a w
` i` a f:S I o 0 0 0 o I.. I~ va3
I I I I"_ o i° ~ T
3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3i 3 3 3 3 3 3) 3s
n c n 0 r. 0 C- 0 0 C, a n ry cs c, n n n n o n c: n c~
0 0 0 0 0 0 0 0 0 a° o. o. o o o
0 0 0 0 0 0 0. 0 0 0 0 0 0 o
m m m m m m a m m m' m m m m m' m o m m m m m m. m m
3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 ~ 3 3 3 3 3 3
=w3 rn=m=~= m, m,m m m m ~o Js= m m= =m ~ma
°p e n o n ° o 35- o o= o b o of m
O O O IO _ ~ J O O O O p _ l _
C U!2 ~
A A A A G .AP A A A A a A A a A < 2 D
14
O O O O O O O O O O O O O O O O 0 O O O o O O O 0~ N' 3 T
0 ° O T j T
v Ei
w ~ D I
w m ~ d T
w o n -
Exhibit E
EXHIBIT E
PER SCHEDULE PAYMENT STRUCTURE
1. Title and Closing Services
a. Payment
(1) Per Parcel basis
b. Milestones
(1) 10% upon securing initial title commitment.
(2) 60% upon obtaining signed deed or issuance of final offer letter with County
concurrence
(3) 3017o upon recordation of instrument of conveyance and upon issuance of title
policy or alternative method of acceptable by the County (i.e,; Attorney's
Certificate).
2. Appraisal Services
a. Payment
(1) Per Parcel Basis
b. Milestones -100% upon delivery of complete and acceptable appraisal report.
3. Appraisal Review Services
a. Payment
(1) Per Parcel Basis
b. Milestones - 100% upon submission of "Tabulation of Values" (Form RONV-A-10).
4. Acquisition Tasks and Fees
a, Payment
(1) Per Parcel Basis
b. Milestones
(1) 259o' upon presentation of initial offer,
(2) 45% upon presentation of final offer with County concurrence or on execution
of deed, or payment submission.
(3) 30% upon successful negotiation and all instruments are recorded.
5. Condemnation Support Services
a. Fee for Condemnation Support Services
(1) Payment made on per parcel basis
(2) Milestones
i. 509o' Payment Milestone upon receipt of the Texas Department of Transportation
RTE-49.
Page I of 2
FEE SCHEDULE PAYMENT STRUCTURE
ii. 20% Upon setting the date for the Special Commissioners Hearing and providing
the District R/W Office with a copy of the completed order setting the Hearing
signed by all Special Commissioners,
iii. 20% Upon service of the notice of Hearing.
iv. 1001o Upon Notice of Deposit.
Page 2 of 2