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CCR2012017-AttachmentID: 11M126 Single Source, Inc. 1 CONTRACT FOR PROFESSIONAL “REAL ESTATE” SERVICES BETWEEN SINGLE SOURCE, INC. AND CITY OF MUSKEGO. PROJECT ID: 11M126 Tess Corners Drive Local Street Waukesha County Scope of Assignment and Project Approach 1. Negotiations/Acquisitions Services: a). Single Source, Inc. responsibilities – (1) Single Source, Inc. shall send a “Letter of Introduction” and a “Rights of Landowners Under Wisconsin Eminent Domain Law” brochure to each parcel owner. (2) Single Source, Inc. shall negotiate all parcels (assuming 4 partial acquisitions). (3) Single Source, Inc. shall maintain an individual Parcel File Folder on each parcel to be negotiated which will include a negotiation diary o f each contact with the property owner and/or action taken in the acquisition process as well as all other pertinent documents/correspondence relating to the negotiations/acquisition of the individual parcel. Individual Parcel Files will contain, as applicable, the following:  Parcel Check List  *Title Search Report (provided by The City of Muskego). *- All requests for title updates will be coordinated through The City of Muskego  Legal Description for Acquisition Area(s)  Copy of Introductory Letter(s)  Approved “Offering Price Report”  Offering Price Letter  Negotiation Diary  Copy of the “Partial Release”  Closing Statement Form  Disposition of Real Estate Tax Forms  Property Remnant Report (if applicable)  Property Inventory Report (if applicable)  Statement to the Construction Engineer  W-9 Form  Recorded Conveyance Documents(s) ID: 11M126 Single Source, Inc. 2  Signed Approved Waiver of Appraisal or Copy of Appraisal  Copy of Approved Administrative Revision, if Applicable  Proration of real Estate Taxes, if Applicable All individual parcel files are considered to be the property of the City of Muskego (City) and shall be turned over to the City by Single Source, Inc. upon completion of the project. (4) Any appraisal received from property owners shall be handled according to the REPM, Chapter 3, Section 3.4.6. Single Source, Inc. shall submit a copy of such appraisals, with a recommendation for payment or non-payment, to the CITY for review and approval. To be eligible for payment, the owner’s appraisal must be delivered and date stamped to Single Source, Inc. or the CITY within 60 days of the date of delivery of the CITY appraisal/offer (post-marked by the due date is acceptable) or 62 days if appraisal is mailed to owner. (5) When an ‘Administrative Revision’ appears warranted due to market evidence, errors, design changes, owner’s counter-proposal, litigation protection, etc., Single Source, Inc. shall proceed as follows – (a) When a minor increase in the approved offer (based on justification) is proposed Single Source, Inc. shall – (i). On nominal parcels, have owner sign Waiver showing increased amount subject to CITY approval. (ii). On all others, attempt to secure a signed ‘purchase agreement’ from the owner for the increased amount, contingent on CITY approval. (b) When a significant increase in the approved offer is proposed, Single Source, Inc. shall discuss the proposed settlement with the CITY before making any commitments with the owner. (c) Single Source, Inc. shall retain for file all approved administrative revisi ons in writing, rescinding the previous offer. (6) All payment requests, with supporting documentation, shall be submitted to the CITY for processing including proration of real estate taxes. (7) Send “Notice of Real Estate Transaction” certified mail to all owners acquired by agreement. (8) On parcels being acquired by “Award”, Single Source, Inc. shall – (a) Prepare the Jurisdictional Offer (J.O.) and coordinate with the CITY for review and approval of the file prior to Single Source, Inc. forwarding to the property owner and other parties of interest. ID: 11M126 Single Source, Inc. 3 (b) Upon approval of the Jurisdictional Offer, Single Source, Inc. will send the Jurisdictional Offer (J.O.) to the property owner, and other parties of interest, via “certified mail, return receipt requested”. (c) Single Source, Inc. shall prepare a “Lis Pendens” and forward, along with a copy of the J.O. and legal description of the property, to the “Register of Deeds” for filing within 14 days of mailing the J.O. to the property owner. (d) At the time the J.O. is mailed to the property owner, an award and payment request shall be submitted to the CITY for final approval, including proration of taxes. (e) The CITY will forward the check to Single Source, Inc. for disposition and final file closing. (9) Single Source, Inc. shall submit monthly progress reports to The City of Muskego, which shall include, but not limited to, the following – (a) A summary of activities for the month. (b) Notification of any problems encountered. (10) Single Source, Inc. shall provide documents for recording directly to the CITY for recording. The CITY will provide Single Source, Inc. with a copy of the recorded documents. (11) Single Source, Inc. shall assume responsibility for the final disposition of the acquisition(s) to include – payment request, payment, and all condemnation actions required. b). The City of Muskego Responsibilities – (1) The City of Muskego will provide a copy of the filed ‘Relocation Order’ to Single Source, Inc. The City of Muskego will also provide copies of any subsequent revised relocation orders to Single Source, Inc. which may occur during the acquisition stage of the project. (2) The City of Muskego will provide copies of ‘Title Search Reports’ and legal descriptions of the ‘acquisition area(s)’ to Single Source, Inc. for all properties identified on the acquisition plat. The legal description shall be presented in a Word document format. (3) The CITY will approve all offering prices (including nominal parcel payments as necessary), revised offering prices, administrative settlements, and awards. The CITY agrees to do so in a timely manner so as not to adversely affect Single Source, Inc. ability to meet the terms of this contract or the project time-line. (4) The CITY will process all payment requests and provide checks to Single Source, Inc. as indicated by Single Source, Inc. on a parcel by parcel basis. (5) The CITY will provide payment for all recording or filing fees. ID: 11M126 Single Source, Inc. 4 (6) The CITY will provide payment for all partial releases recording or filing fees. (7) The City of Muskego will further provide Single Source, Inc. with –  Construction Plans, Profiles and Cross Sections  Right of Way Plats (three hard copies and electronic PDF files)  Design Study Report, if applicable.  Property Owners Address and Phone List  Agricultural and/or Environmental Report (upon request, if applicable)  Highway Access maps (upon request, if applicable) 2. Appraisal Services: a). Single Source, Inc. will furnish to The City of Muskego complete and fully documented sale study for all property types within the project parameters. 3. Relocation Services: None 4. Project Costs: Sale Study $2,000 Appraisal: Appraisals $5,200(*) (*) We have assumed 4 appraisals, additional appraisals services, if required, will be provided under a contract amendment. Partial Release: Any partial mortgage releases will be charged at a rate of $35 per hour plus lender fees. Acquisition: $4,800 Total $12,000 5. Basis of Payment: Single Source shall submit monthly invoices, during the progress of the services noted herein; for the services completed to date. The final invoice shall be submitted to The City of Muskego within two months of completion of services. The above stated amounts are actual costs, which shall not be exceeded. ID: 11M126 Single Source, Inc. 5 APPROVAL AND ACCEPTANCE: Single Source, Inc.: _______________________________ Date: __2/22/12________ Marc McSorley, Principal The City of Muskego: _________________________________ Date: __________________ __________________________________ (Print Name and Title)