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<br /> CITY OF PLEASANTON | EMERGENCY GENERATOR PROJECT | 6
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<br />A SSUMPTIONS AND L IMITATIONS
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<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
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