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CLIENT: TY LIN INTERNATIONAL pRM1 RIGHT OF WAY
<br /> PROJECT: 1-580 FOOTHILL ROAD INTERCHANGE SERVICES.INC.
<br /> General Assumptions and Limitations
<br /> 1. ARWS estimated budget assumes timely assignment by Client of all appraisals,acquisition parcels and
<br /> relocation cases. 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
<br /> Appraisal Summary Statement(s). Client letterhead to be used for offers and significant correspondence,
<br /> including Notices of Decision to Appraise and acquisition and relocation notices. Initiation of acquisition work
<br /> assumes that Client has secured any required environmental certification as well as any federal or state
<br /> approvals to begin right of way services.
<br /> 3. All services to be provided pursuant to the Uniform Relocation Assistance and Real Property Acquisition
<br /> Policies Act and 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
<br /> reports, 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,
<br /> Rights of 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
<br /> with the AR/WS Fee Schedule. Material changes to the contracted Scope of Work after services begin will add
<br /> to the original budget/contract amount. Material changes, for which ARMS is not responsible, include, but are
<br /> not limited to, addition of new parcels, schedule changes, new and revised legislation, regulations, statutes or
<br /> ordinances by any public entity or legislature, extended negotiations, multiple vestings, title complications,
<br /> relocation complications, hard to house households, unrecorded claims, extended site searches, eminent
<br /> domain actions, design changes, revised or updated appraisals. This Agreement is not a guarantee of property
<br /> rights requested or displacements completed for a fixed budget amount. Unless otherwise agreed, preparation
<br /> for or attendance at depositions, relocation appeals, expert witness testimony or court appearances are not
<br /> included in the budget.
<br /> 7. Budget to be reviewed periodically. ARMS may reapportion budget allocations among categories. Team
<br /> composition may 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
<br /> ARM/S coordination. Client to determine acceptable condition of title and what, if any, title exceptions to take
<br /> "subject to".ARMS 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
<br /> event, ARMS will resume services upon written notice from Client. An extension of time and added costs will
<br /> be mutually agreed upon within a reasonable time following re-initiation of all or any part of services.
<br /> 10. Client will give prompt notice to ARMS whenever Client observes or becomes aware of any development that
<br /> affects the scope or timing of ARMS'services,or any defect in the work of ARM/S.
<br /> 11. Unless otherwise noted, preparation of Caltrans Right of Way Certification documents is not included in the
<br /> Scope of Services.
<br /> 12. ARWS understands that construction and design plans are subject to some change. ARMS will accommodate
<br /> changes in the property requirements, including number or parcels, acquisitions and relocations. Changes in
<br /> proposed acquisitions after appraisals have begun or negotiations/relocations have commenced will add time
<br /> and expense to assignments. The parties acknowledge that such revisions may add to costs.
<br /> 13. ARMS reviews and adjusts billing rates and fees from time to time,generally as of January 1s'of each year, but
<br /> no more than once annually. Any rate adjustments will be reflected in the ARMS monthly invoice.
<br /> 14. Except for Client's obligations to pay for services rendered, no liability will attach to either ARMS or Client from
<br /> delay in performance or non-performance caused by circumstances or events beyond the reasonable control of
<br /> the party affected, including, but not limited to, acts of God, fire,flood, explosion,war, request or intervention of
<br /> a governmental authority, court order, labor relations, accidents, unanticipated delays or inability to obtain
<br /> materials, equipment,fuel or transportation.
<br /> 15. Once ARMS has completed an appraisal,the fee for that appraisal is due and payable upon Client's receipt of
<br /> invoice. If any formal or informal appraisal review requires additional appraisal services after ARMS has
<br /> completed an appraisal,these additional appraisal services will be billed on a time-charged basis in accordance
<br /> with the ARMS Fee Schedule.
<br /> 16. ARWS submits invoices on a monthly basis. If ARMS is a sub-consultant to a prime consultant, that prime
<br /> consultant agrees to bill its Client within thirty(30)calendar days of receipt of the ARMS monthly invoice.
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