Knowledgebase-Consultant to Acquire Right-of-Way


Information Product

Title:Consultant to Acquire Right-of-Way
Summary:
Original Author:McMinnville
Co-Author:
Product Create Date:09/14/2001
Last Reviewed on::06/14/2017
Subject:Streets
Type:RFP
Original Document:

Reference Documents:

Text of Document: REQUEST FOR PROPOSALS
NORTH CHANCERY STEET RIGHT-OF-WAY ACQUISITION


A. PROJECT

1. The City of McMinnville, Warren County, Tennessee desires to improve a portion of North Chancery Street from its intersection with the New Smithville Highway/Hobson Street to the Hwy. 70 Bypass. The roadway will be widened from an existing two-lane roadway to a three-lane roadway, with a continuous center left turn lane. The improvements require additional right-of-way (R.O.W.) acquisition from each side of the existing street R.O.W.

2. The CITY will pursue the construction of this project in a two step process over time. Step 1 will acquire the necessary permanent R.O.W. for future roadway construction. When the CITY decides to proceed with the construction of the project, Step 2 will acquire temporary construction easements and perform construction.

3. A CONSULTANT will be hired to appraise and, acquire the permanent R.O.W. It is the desire of the CITY to retain one CONSULTANT to provide all appraisal, negotiation and
acquisition services for the acquisition of permanent R.O.W.
4. It is anticipated that no federal funds will be used to construct this roadway project
B. SCOPE OF SERVICES

1. The CONSULTANT shall provide appraisal, negotiation, acquisition and all related services to acquire roughly 7 1/2' of permanent R.O.W. from each side of the existing R.O.W. There are approximately 36 parcels of land involved. No structures will be involved in the acquisition. The CONSULTANT will be required to provide management and manpower to complete the purchase of the R.O.W. The CONSULTANT shall prepare all legal descriptions and deeds for the land to be acquired; determine fair market value for the land; review appraisals with the CITY; make all initial offers to owners; conduct follow-up negotiations and recommend settlements to the CITY; request voucher; recommend condemnation; keep and maintain proper files, records and reports; submit necessary information to the City Attorney on condemnation and assist the attorney until an order of possession.

2. The CONSULTANT shall prepare all legal descriptions and deeds for the project, together with the necessary papers, records and documents for closing. All deeds shall be prepared by an Attorney.

3. The CONSULTANT shall obtain accurate parcel files and at the termination of the work on the project turn over to the CITY all negotiation files, appraisals and any other pertinent acquisition files, records or reports. During the process work all such files will be made available at reasonable times for inspection by the CITY.

4. All work will be coordinated through the Director of Public Works and the City Administrator.

5. The CONSULTANT shall perform all work in a professional and workmanlike manner.

6. The CONSULTANT shall maintain adequate qualified personnel to perform all required services during the period of the work.

7. The CONSULTANT shall not sublet any portion of the proposed work without written authorization from the CITY.

8. The CONSULTANT shall submit monthly status reports during the contract period.

9. The CONSULTANT shall offer to involve the property owner or invite the owner's presence during appraisal visits. The CONSULTANT agrees to complete all appraisal services within 90 days of receiving a notice to proceed. All appraisals shall then be submitted for review and approval by the CITY. The CONSULTANT shall be paid a per each price for each parcel appraised, reviewed and approved by the CITY.

10. The CONSULTANT agrees to begin negotiations within 10 days of receiving approval of the appraisals and complete all negotiation activities within 90 days. It should be anticipated that multiple visits may be required and some negotiation activity will be necessary in the evenings or on weekends to contact all property owners.

11. The CONSULTANT shall be required to review the progress of negotiations with the CITY. The merits of alternative suggestions, counter offers, etc. shall be reviewed with the CITY.

12. The CONSULTANT shall recommend parcels for condemnation only after serious efforts for acquisition have been made. The CONSULTANT shall assume serious efforts to assume as a minimum, initial negotiations, and review with the CITY, follow-up negotiations and a final review with the CITY. The CONSULTANT shall be paid a per each price for each parcel negotiated by the CONSULTANT to the satisfaction of the CITY, regardless of whether the parcel is closed or recommended for condemnation.

13. Where it is mutually agreed by the CITY and CONSULTANT that a parcel should be condemned, the CONSULTANT shall meet with the City Attorney to review the parcel. Any costs are to be included in the price bid for negotiation.

14. The CONSULTANT shall work closely with the City Attorney on condemnation proceedings. The CONSULTANT will be compensated for the additional work associated with being the CITY'S expert in condemnation proceedings based on the hourly rate contained in the bid proposal.

15. The CONSULTANT shall properly close and obtain deeds for all parcels successfully negotiated. The CONSULTANT shall transmit the recorded information to the CITY. The CONSULTANT shall be paid a per each price for each parcel properly closed.


C. THE CITY SHALL MAKE AVAILABLE THE FOLLOWING:

1. Copy of R.O.W. Map showing R.O.W. to be purchased.

2. Copies of deeds to parcels.

D. GENERAL TERMS

1. The CITY reserves the right to terminate this agreement at any time by written notice to the CONSULTANT. In the event of the termination, the CONSULTANT shall be compensated for his work performed through the date of receipt of such notification from the CITY. Work completed or partially completed shall become the property of the CITY.

2. The CONSULTANT shall assume all risk in connection with the work to be performed and shall be liable, for and save harmless the CITY on account of any damages to persons or property resulting from the Negligence of the CONSULTANT in connection with the prosecution and completion of the proposed work covered by this proposal.

3. Although it is believed that the R.O.W. plans fairly and accurately portray the information necessary to acquire the rights-of-way, there may be errors or omissions in the plans. It shall be the responsibility of the CONSULTANT to prepare and submit plans revision requests to the CITY.

4. The CONSULTANT shall provide the CITY with three references of previous work as part of the proposal.

5. The CONSULTANT shall provide the CITY with evidence of a Fidelity Bond in the amount of $100,000 with the CITY being made the insured for the period of time for the first offer to owners until all parcels have a recorded deed or condemnation has proceeded, in such a form approved by the CITY.

E. COMPENSATION

1. The CONSULTANT shall be paid a per each price for the actual number of parcels appraised, reviewed and approved by the CITY.

2. The CONSULTANT shall be paid a per each price for the actual number of parcels for which negotiation is undertaken.

3. The CONSULTANT shall be paid a per each price for the closing and the recording of a deed.

4. The CONSULTANT shall be paid an hourly rate for additional services related to condemnation proceedings.
BID PROPOSAL
NORTH CHANCERY STREET RIGHT-OF-WAY ACQUISITION

Owner: City Of McMinnville Opening Date: _____________
211 W. Colville Street
P.O. Box 7088
McMinnville, TN 371 1 0
BID PROPOSAL:
ITEM EST. QTY. UNIT UNIT PRICE PRICE TO APPRAISE PARCEL 36 EACH $______ $_______
PRICE TO NEGOTIATE PARCEL 36 EACH $______ $_______
PRICE TO CLOSE PARCEL 36 EACH $_______ $_______

TOTAL PRICE BID FOR SERVICES

HOURLY RATE FOR ADDITIONAL
SERVICES (CONDEMNATION) PER HOUR $_________

Respectfully Submitted,

_________________________________________________________________
(COMPANY--IF APPLICABLE)

NAME________________________________________________

SIGNED______________________________________________

TITLE________________________________________________

ADDRESS_____________________________________________
______________________________________________________

Seal-If Bid is by Corporation