Section 4: Technical or Engineering Services
Anchor: #i1005249Overview
The Department contracts for the services of technical experts to assist the appraiser and Assistant Attorney General in the acquisition of property and eminent domain proceedings. Typically, technical experts are utilized to provide reports and information on issues that may be beyond the expertise of the appraiser. Their services are often required for testimony in eminent domain proceedings and assisting the OAG in trial preparation. Technical experts are distinguished from expert witnesses in that technical experts provide reports and testimony in their assignments, while expert witnesses provide testimony and assistance.
There are many kinds of technical experts. However, the following list provides some examples of technical experts used by TxDOT:
- Acoustic Experts
- Aerial Photographers
- Architects
- Business Specialists
- Cost Estimators
- Demographers
- Development Specialists
- Engineers
- Hydrologists
- Industry Experts
- Land Planner
- Marketing Specialists
- Real Estate Economists
- Septic System Specialists
- Surveyors
- Traffic Experts.
After the technical report is received and reviewed in the District, the report must be submitted to ROW Division for final approval. Upon approval, the District should furnish results to each appraiser.
Anchor: #i1005349Mandatory Data
It will be necessary for technical and engineering reports to contain the following:
- statement of purpose;
- definition and estimates of costs reported;
- data and analysis to explain, substantiate, and document the estimate of costs;
- identification of the property and ownership;
- statement of appropriate contingent and limiting conditions, if any;
- identification of technical issues;
- date(s) on which and/or as of which the estimate of costs is made;
- certification, signature, and date of signature of the technical expert; and
- other descriptive material (i.e., maps, charts, plans, and photographs);
- Federal-aid project number, parcel identification, and Right of Way CSJ.
Contracts will be executed before any work is performed. They are prepared on a per hour basis using Form ROW-A-47, Contract for Services of Technical Expert. Such contracts are to be signed by the District Engineer. The original and two copies will be submitted to ROW Division; the two copies will be returned after execution. Sufficient information such as a statement of education and experience shall be submitted in duplicate to substantiate the individual’s qualifications.
Anchor: #i1005419Fees for Technical Experts
The current maximum limit of $150.00 per hour is established for the technical expert. A Fee Schedule System is currently being developed and its procedures will be incorporated into this Manual upon Schedule completion.
Each District is expected to determine, up to the maximum, the appropriate hourly fee as befitting the economy of the project, county, or District locality. When an assignment is made to a technical expert, the District is to reach agreement with him or her as to the maximum time considered adequate to complete the report and establish a maximum limit on the expert’s fee. The technical expert is to be instructed that he/she will not be allowed time in excess of the time limit without prior written approval by the Division. The District will document this approval in its files for audit purposes.
In those isolated cases where, as the work progresses, it is found that the authorized hours initially determined are not equitable to the State or the technical expert(s), a new contract will be executed by both the District and the technical expert. This will establish a revised fee and document the reason(s) requiring the revisions. The District will document this approval in its files for audit purposes.
If it becomes necessary for the District to contract with a technical expert in excess of the maximum rate per hour, as stated above, the District must obtain the approval of the ROW Division by requesting an exception to policy to contract and pay more than the maximum hourly rate. The District must also provide justification for the hourly rate if it exceeds the maximum rate.
Where a technical expert is subsequently authorized to prepare for eminent domain proceedings, it is necessary to reach an agreement with him or her as to the maximum time considered adequate for preparation and testimony. If the OAG has requested the use of a technical expert, the District shall provide the written request from the OAG to the ROW Division by attaching it to the Technical Expert Contract submission. The District, in conjunction with the OAG, should maintain adequate documentation to assure that services have been rendered as charged and that only needed services have been performed. Each contract contains both a Child Support Affidavit and Debarment Certificate.
Anchor: #i1005452Expert Witnesses
In the handling of eminent domain cases, sometimes it is in the best interest of the case to employ an expert witness to supplement appraisal testimony as to value. This person may also be a technical expert. The individual may be a real estate broker or other businessperson well known in the locality and having recognized knowledge of local real estate values. He/she may be a qualified appraiser familiar with local values even though they may not have received an appraisal assignment from TxDOT in the immediate area.
Prior to the use of such witnesses, their services will be authorized by execution of either Form ROW-A-46, Contract for Services of Expert Witness or Form ROW-A-87, Contract for Services of Expert Witness, as appropriate:
- Form ROW-A-46 is designed for use in those individual cases where the need for expert witnesses has become apparent and is applicable only to an individual parcel or parcels on a particular project.
- Form ROW-A-87, on the other hand, is designed to enable TxDOT to contract with experts to make preparation and serve as witnesses based on anticipated future needs. This contract is not restricted to individual accounts or parcels but may include one or more counties or the entire District area. This type of contract is used because District personnel have knowledge of qualified persons who are willing to serve and who will be acceptable to the Assistant Attorney General for use as witnesses.
Each contract will clearly identify a maximum fee per contract, and will contain both a Child Support Affidavit and Debarment Certification.
Expert witness contracts are to be signed by the District Engineer. The original and two copies of the contracts are submitted to ROW Division, and two copies will be returned after execution. A formal application for appointment is not necessary as in the case of fee appraisers. However, the District’s letter transmitting the contract should contain a brief resume of the expert’s qualifications.
It is the responsibility of the Assistant Attorney General with the concurrence of the District to determine if a written report is desirable from the expert witness or if an interview is sufficient to establish that testimony as to his/her expert opinion.
Anchor: #i1005495Fees for Expert Witnesses
The current maximum fee limit of $150.00 per hour is established for the expert witness. A Fee Schedule System is currently being developed and its procedures will be incorporated into this Manual upon Schedule completion.
Each District is expected to determine up to the maximum the appropriate hourly fee as befitting the economy of the project, county, or District locality. Any agreement with the expert witness shall specify a maximum time allowed. If the services of a technical expert have been requested by the OAG, the District shall provide the written request from the OAG to the ROW Division by attaching it to the Technical Expert Contract submission. The District and Assistant Attorney General should maintain adequate documentation to assure that services have been rendered as charged and that only needed services have been performed.
In those isolated cases where, as the work progresses, it is found that the authorized hours determined initially are not equitable to the State or the expert witness(es), a new contract will be executed by both the District and the expert witness. This will establish a revised fee and document the reason(s) requiring the revisions. The District will document this approval in its files for audit purposes.
If the District should need to contract with an expert witness for an amount that is excessive of the maximum hourly rate, the District must secure the approval of the ROW Division by submitting a request for exception to policy to contract and pay the expert at a rate greater than the maximum rate. The District should also provide justification for the proposed hourly rate of pay.