Laserfiche WebLink
<br /> CITY OF PLEASANTON | EMERGENCY GENERATOR PROJECT | 6 <br /> <br />A SSUMPTIONS AND L IMITATIONS <br /> <br />1. AR/WS estimated budget assumes timely assignment by Client of all appraisals, acquisition parcels and relocation cases. <br />Deferring or “piece meal” assignments adds to level of effort and costs. <br />2. Client to provide written appraisal approval. Client to sign Offers of Just Compensation as reflected in the Appraisal Summary <br />Statement(s). Client letterhead to be used for offers and significant correspondence, including Notices of Decision to <br />Appraise and acquisition and relocation notices. Initiation of acquisition work assumes that Client has secured any required <br />environmental certification as well as any federal or state approvals to begin right of way services. <br />3. All services to be provided pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act and <br />applicable state and federal laws, related guidelines and regulations. <br />4. Client to provide adequate appraisal maps, plat maps, construction plans, mitigation measures, preliminary title reports, <br />legal descriptions and deed sheets (for easements). <br />5. Unless noted otherwise, pre-acquisition activities for soliciting Permits to Enter for soils/testing/contract work, Rights of <br />Entry, Agreements for Possession and Use are not included. <br />6. Except for appraisals, which are typically charged lump sum; this is a “time charged” contract in accordance with the AR/WS <br />Fee Schedule. Material changes to the contracted Scope of Work after services begin will add to the original budget/contract <br />amount. Material changes, for which AR/WS is not responsible, include, but are not limited to, addition of new parcels, <br />schedule changes, new and revised legislation, regulations, statutes or ordinances by any public entity or legislature, <br />extended negotiations, multiple vestings, title complications, relocation complications, hard to house households, <br />unrecorded claims, extended site searches, eminent domain actions, design changes, revised or updated appraisals. This <br />Agreement is not a guarantee of property rights requested or displacements completed for a fixed budget amount. Unless <br />otherwise agreed, preparation for or attendance at depositions, relocation appeals, expert witness testimony or court <br />appearances are not included in the budget. <br />7. Budget to be reviewed periodically. AR/WS may reapportion budget allocations among categories. Team composition may <br />be adjusted by AR/WS. <br />8. Escrow costs and title reports shall be paid by Client. Escrow instructions to be prepared by Title Company with AR/WS <br />coordination. Client to determine acceptable condition of title and what, if any, title exceptions to take “subject to”. AR/WS <br />to assist and consult as requested. <br />9. Upon written notice from Client, AR/WS will suspend, delay, or interrupt all or a part of its services. In such event, AR/WS <br />will resume services upon written notice from Client. An extension of time and added costs will be mutually agreed upon <br />within a reasonable time following re-initiation of all or any part of services. <br />10. Client will give prompt notice to AR/WS whenever Client observes or becomes aware of any development that affects the <br />scope or timing of AR/WS’ services, or any defect in the work of AR/WS. <br />11. Unless otherwise noted, preparation of Caltrans Right of Way Certification documents is not included in the Scope of <br />Services. <br />12. AR/WS understands that construction and design plans are subject to some change. AR/WS will accommodate changes in <br />the property requirements, including number or parcels, acquisitions and relocations. Changes in proposed acquisitions after <br />appraisals have begun or negotiations/relocations have commenced will add time and expense to assignments. The parties <br />acknowledge that such revisions may add to costs. <br />13. AR/WS reviews and adjusts billing rates and fees from time to time, generally as of January 1st of each year, but no more <br />than once annually. Any rate adjustments will be reflected in the AR/WS monthly invoice. <br />14. Except for Client’s obligations to pay for services rendered, no liability will attach to either AR/WS or Client from delay in <br />performance or non-performance caused by circumstances or events beyond the reasonable control of the party affected, <br />including, but not limited to, acts of God, fire, flood, explosion, war, request or intervention of a governmental authority, <br />court order, labor relations, accidents, unanticipated delays or inability to obtain materials, equipment, fuel or <br />transportation. <br />15. Once AR/WS has completed an appraisal, the fee for that appraisal is due and payable upon Client’s receipt of invoice. If any <br />formal or informal appraisal review requires additional appraisal services after AR/WS has completed an appraisal, these <br />additional appraisal services will be billed on a time-charged basis in accordance with the AR/WS Fee Schedule. <br />16. AR/WS submits invoices on a monthly basis. If AR/WS is a sub-consultant to a prime consultant, that prime consultant agrees <br />to bill its Client within thirty (30) calendar days of receipt of the AR/WS monthly invoice. <br />Docusign Envelope ID: F6713073-558A-4468-8FE0-6C1ACBD94D27