Agmt18 Associated Right of Way Services, Inc.

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AR/WS COMPENSATION ASSUMPTIONS 1. ARfWS estimated budget assumes timely assignment by City of all appraisals, acquisition parcels and relocation cases. Deferring or "piece meal" assignments adds to level of effort and costs. 2. City to provide written appraisal approval. City to sign Offers of Just Compensation as reflected in the Appraisal Summary Statement(s). City letterhead to be used for offers and significant correspondence, including Notices of Decision to Appraise and acquisition and relocation notices. 3. All services to be provided pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable state and federal laws, related guidelines and regulations. 4. City to provide adequate appraisal maps, plat maps, construction plans, mitigation measures, preliminary title reports, legal descriptions and deed sheets (foreasemenfs). 5. Pre-acquisition activities for soliciting Permits to Enter for soils/testing/contract work, Rights of Entry, and Agreements for Possession and Use are not included. 6. Except for appraisals, which are typically charged lump sum; this is a "time charged" contract in accordance with the included ARNVS Fee Schedule. Material changes to the contracted Scope of Work after services begin will add to the original budget/contract amount. This Agreement is not a guarantee of property rights requested or displacements completed for a fixed budget amount. 7. Budget to be reviewed periodically. AR/WS may reapportion budget allocations among categories with prior approval/concurrence by City. Team composition may be adjusted by AR/WS with prior approval/concurrence by City. 8. Escrow costs and title report costs shall be paid by City. Escrow instructions to be prepared by Title Company with AR/WS coordination. City to determine acceptable condition of title and what, if any, title exceptions to take "subject to". ARNVS to assist and consult as requested. 9. Upon written notice from City, ARNVS will suspend, delay, or interrupt all or a part of its services. In such event, AR/WS will resume services upon written notice from City. An extension of time and added costs will be mutually agreed upon within a reasonable time following re-initiation of all or any part of services. 10. City will give prompt notice to ARIWS whenever City observes or becomes aware of any development that affects the scope or timing of AR/W S' services, or any defect in the work of AR/WS. 11. AR/WS understands that construction and design plans are subject to some change. ARMS will accommodate changes in the property requirements, including number or parcels, acquisitions and relocations. Changes in proposed acquisitions after appraisals have begun or negotiations/relocations have commenced will add time and expense to assignments. The parties acknowledge that such revisions may add to costs. 12. AR/WS reviews and adjusts billing rates and fees from time to time, generally as of January 1r of each year, but no more than once annually. Any rate adjustments will be reported to the City and reflected in the ARNVS monthly invoice. TheAR/WS Fee Schedule is valid through December 31, 2019. 13. Except for City's obligations to pay for services rendered, no liability will attach to either AR/WS or City from delay in performance or non-performance caused by circumstances or events beyond the reasonable control of the party affected, including, but not limited to, acts of God, fire, flood, explosion, war, request or intervention of a governmental authority, court order, labor relations, accidents, unanticipated delays or inability to obtain materials, equipment, fuel or transportation. 14. AR/WS submits invoices on a monthly basis. Consultant shall seek written approval from City before incurring any costs, or applying any reimbursement terms, that differ from those stated herein. It is expressly understood and agreed that in no event shall Consultant be compensated in an amount greater that the amount specified herein without prior issuance of a written modification to this Agreement. If at any time, Consultant has reason to believe that the total compensation payable for the performance of services under this Agreement will exceed the maximum not -to -exceed amount set herein, Consultant shall notify City immediately in writing to that effect, indicating the estimated additional amount necessary to complete the services in the Agreement. Any cost incurred by Consultant more than the not -to -exceed amount as set forth herein shall be at Consultant's own risk. AR/WS R/W Support Agreement tot/Woodside Project - Exhibit "B" I B-4 ATTY/AGR.2018.09 I /Associated Right of Way Services Inc.