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04-0730_KUNZMAN ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREENIZINT THIS AGREEMENT is made and entered into thiy of_, 2004, by and between the City of San Juan Capistrano (hereinafter referred to as t "City") and Kunzman Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare a Traffic Impact Analysis for Mammoth Professional Buildings, a proposed 105,000 square foot professional office development and related site improvements on an existing 15.79 acres parcel located on the east side of Rancho Viejo Road south of Via Escolar in the City of San Juan Capistrano; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than December 31, 2004. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twenty Thousand Five Hundred Dollars ($20,500.00), as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and C:WyFiles\CONTRACTSUKmzmanpsamemmoth.wpd -1- 3122104 PDF created with FinePrint pdfFactory trial version htto://www.finepdnt.com employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. tndeoendent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this C:\MyFile XCONTRACTSUCunzmanpwa mmoth.wpd -2- 3/22/04 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available C:VdyFile XCONTRACTS\Kmzmanps mammoth.wpd -3- =2104 PDF created with FinePrint pdfFactory trial version http:tlwww.fineprint.com to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the Junipero Serra High School South Campus, the Environmental Impact Report (EIR) for such project, or any part of the development identified in the project for which Consultant is preparing the Environmental Impact Report (EIR) if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C:NAyFile \CONTRACTS\Kunzmanpaamammoth.wpd -4- 3/22104 PDF created with FinePrint pdfFactory trial version httn:/Iwww.finepdnt.com 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beg i nni ng any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. C:\MyFiles\CONTRACTS\Kunzmanpsamammoth.wpd -5- 3/22/04 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16, Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: Kunzman Associates 1111 Town & Country Road, Suite 34 Orange, CA 92868-4667 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. C:\MyFilm\CONTRACTS\Kmzmanpwmammoth.wpd -6- 3/22/04 PDF created with FinePrint pdfFactory trial version http://www.finei)dnt.com In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: &- �T-Q1 David F. Adams, City Manager Kunzman Associates By: William Kunzman, P. ., Prin i ATTEST: R. Monahan, City Clerk AS TO FORM: c John R. #hCity Attorney C:\MyF!Ies\CONTRACTS\Kunzmanpsamammoth.wpd -7- PDF created with FinePrint pdfFactory trial version htto:/Iwww.finer)dnt.com 322104 int By: KUNZMAN; JetSuite; Mar -1-04 3:14PM; Page 2/9 January 28, 2004 Mr. Alan Oswald, Senior Engineer CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Oswald: Roj�® MAR 0 2 2004 p�ANN/N� pFpT The firm of Kunzman Associates is pleased to submit this proposed agreement to provide professional engineering services for a traffic impact analysis for the Mammoth Professional Buildings in the City of San Juan Capistrano. This proposal outlines a scope of work based on the information provided by you, and our understanding of the requirements of this traffic impact analysis. Based upon the RFP, the project consists of a request for approval of a two -building, 105,000 square feet professional office development and related site improvements on an existing 15.79 acre parcel located along the east side of Rancho Viejo Road south of Via Escolar. Access to the project site would be via Rancho Viejo Road. SCOPE OF WORK The traffic impact analysis will consist of preparing an objective report suitable for submission to the reviewing agency. The report will be prepared in accordance with accepted professional transportation engineering standards. The final illustrated report will summarize the traffic impact analysis findings, methodology, and supportive data. It will quantify existing traffic conditions, traffic conditions upon project completion, and recommend mitigation measures. 1111 TOWN & COUNTRY ROAO, SUITE 34 • ORANGE, CA, 92868-4667 TELEPHONE: (714) 973-8383 ■ FACSIMILE: (714) 9/3-8821 E-MAIL' MAIL @rTRAMC-ENGINEER.COM ■ WEB: WWW TKNFMENGINEER.COM ant By: KUNZMAN; Jetsuite; Mar -1-04 3:15PM; Page 319 The contents of the traffic impact analysis will conform to the City of San Juan Capistrano, Administrative Policy #310. Specifically, the traffic impact analysis will consist of (1) conducting a field survey; (2) documenting existing traffic conditions; (3) determining project traffic generation, (4) distributing the project traffic generation to the street system; (5) determining the project's traffic impacts; (6) analyzing existing plus project, existing plus project plus cumulative (near-term), and existing plus project plus build -out scenarios; (7) examining internal circulation including emergency vehicle access; (8) mitigating the impacts, and (9) preparing a written report. Mitigation measures will include roadway sizing recommendations, intersection controls, and special treatments such as left turn pockets and right turn lanes as might be required by the project. Mitigation measures regarding off-site improvements will be consistent with City Council Policy #111, Fair Share Methodology. The traffic impact analysis will include calculation of intersection capacity utilization (ICU) and intersection delay utilizing the Highway Capacity Manual (HCM) methodology at the following thirteen (13) intersections in the project vicinity during the peak hours - 1 Rancho Viejo Road/Marguerite Parkway/Via Escolar 2 Rancho Viejo Road/Project Driveway 3. Rancho Viejo Road/Spotted Bull Drive 4. Rancho Viejo Road/Village Road 5. Rancho Viejo Road/Junipero Serra Road 6. Junipero Serra Road/1-5 Freeway Northbound Ramps 7. Junipero Serra Road/1-5 Freeway Southbound Ramps 8, Junipero Serra Road/Camino Capistrano 9. Camino Capistrano/Oso Road 10. Avery Parkway/Marguerite Parkway 11. Avery Parkway/1-5 Freeway Northbound Ramps 12. Avery Parkway/1-5 Freeway Southbound Ramps 13 Avery Parkway/Camino Capistrano All traffic counts used for this evaluation shall have been taken within one year of the notice to proceed for this traffic impact analysis. Cycle lengths and PHF used in any calculations shall be verified prior to intersection calculations being performed. Level of Service (LOS), using the ADT and peak -hour Link Capacity Analysis Methodology, on the following thirteen (13) links will be performed: 1. Rancho Viejo Road, Via Escolar to Project Driveway 2. Rancho Viejo Road, Project Driveway to Spotted Bull Drive 3. Rancho Viejo Road, Spotted Bull Drive to Village Road 4 Rancho Viejo Road, Village Road to Junipero Serra Road 5 Rancho Viejo Road, Junipero Serra Road to Golf Club Drive 6. Junipero Serra Road, Rancho Viejo Road to 1-5 Freeway NB Ramps 7 Junipero Serra Road, 1-5 Freeway NB Ramps to 1-5 Freeway SB Ramps 8. Junipero Serra Road, 1-5 Freeway SB Ramps to Camino Capistrano 9 Camino Capistrano, Junipero Serra road to Oso Road 10, Marguerite Parkway, Via Escolar to Avery Parkway int By: KUNZMAN; Jet Suite; Mar1-04 3:15PM; Page 4/9 11. Avery Parkway, Marguerite Parkway to 1-5 Freeway NB Ramps 12. Avery Parkway, 1-5 Freeway NB Ramps to 1-5 Freeway SB Ramps 13. Avery Parkway, 1-5 Freeway SB Ramps to Camino Capistrano Up to four (4) additional intersections and four (4) additional roadway links, to be determined by the City subsequent to the completion of the trip generation, trip distribution, and/or project impact evaluation sections of the traffic impact analysis may be included as an optional task. Level of Service (LOS) will also be determined, using an operational analysis methodology (SYNCHRO) along Junipero Serra Road, at the following intersections, based on the City's minimum "D" LOS per the General Plan Growth Management Element. 1. Junipero Serra Road/Camino Capistrano 2. Junipero Serra Road/1-5 Freeway Southbound Ramps 3. Junipero Serra Road/1-5 Freeway Northbound Ramps 4. Junipero Serra Road/Rancho Viejo Road Traffic signal warrant analysis will be performed at the Rancho Viejo Road and the ` project driveway intersection. CQPIES OF REPORT The following products will be prepared as part of this contract. 1. Five (5) copies of the screencheck draft traffic report (staff review). 2. Ten (10) copies of the draft traffic report (Environmental Administrator review). 3. Twenty (20) copies of the final tfaffic report (Commission/Council review). MEETING ATTENDANCE This proposal includes attendance at the following meetings as necessary, and the cost for attendance at additional meetings will be charged in accordance with Provisions 2 and 3 of the Standard Compensation Schedule: 1. Three (3) staff meetings (one hour each). 2. One (1) Environmental Administrator meeting (one hour). 3. Two (2) Transportation Commission meetings (three hours each). 4. Two (2) Planning Commission meetings (three hours each). 5. Two (2) City Council public hearings (three hours each). TIME SCHEDULE It is estimated that the submission of the screencheck draft traffic report will take four (4) weeks on a normal basis, or one (1) week on a rush/overtime basis from the notice to proceed. A draft report will be submitted within three (3) days from receipt of City 3 mt By: KUNZMAN; Jetsuite; Mar -1-04 3:15PM; Page 5/9 comments on the screencheck, and the submission of a final report within three (3) days of the Environmental Administrator action. QUALIFICATIQNS Kunzman Associates is located in the City of Orange and specializes in transportation planning for governmental agencies and the business community. The firm has highly qualified personnel with experience throughout Southern California at the regional, local, and individual project level. The experience of the firm's personnel in transportation planning and traffic operations for new planned communities, as well as established areas provides the special skills necessary for determining imaginative, practical, and meaningful solutions to transportation problems. The firm was established in 1976 by William Kunzman, P.E , and since then the firm has completed over 1,500 transportation studies for over 300 different clients. Appendix A contains a description of the firm's capabilities, plus a listing of representative projects that have been undertaken. William Kunzman will be Kunzman Associates' project manager and assure that manpower and material resources are allocated to complete the project on time and within the budget. His work experience includes employment by the Federal Highway Administration, the Counties of Los Angeles and Riverside, and the City of Irvine. His education includes completing undergraduate studies in engineering at University of California at Los Angeles (1967) and graduate studies in traffic engineering at Yale University (1968). His resume is included in Appendix A. Carl Ballard will be the primary person who will prepare the traffic impact analysis. Since 1982, his work experience includes site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, and transportation demand management plans, His education includes completing undergraduate studies in mathematics at California State University, Fullerton (1986). His resume is included in Appendix A. EXPERIENCE DIRECTLY RELEVANT Kunzman Associates has extensive experience in working with projects in the City of San Juan Capistrano. Kunzman Associates personnel have conducted numerous traffic impact analyses within the study area over the past 25 years, including the San Juan Meadows traffic study, Weseloh Honda/Chevrolet traffic study, Alipaz Christian School traffic study, the Burger King/Del Taco traffic study, and the Ortega Highway/Rancho Viejo Road Senior Housing Traffic Study. Similar projects recently completed by Kunzman Associates personnel include the following Baker Ranch Specific Plan Traffic Impact Analysis (November. 2002): The project site is located north of Bake Parkway at Dimension Drive in the City of Lake Forest The approximately 387 acre master planned community is proposed to be developed with single-family detached residential, multi -family attached residential, recreation 4 ent By: KUNZMAN; Jet Suite; Mar 1 04 3:15PM; Page 619 community center, elementary school, business park (office), and commercial retail land uses. The extension of Alton Parkway through the Specific Plan area is a key feature of the project site. This will create a key arterial connection from the 1-5 Freeway to the Foothill Transportation Corridor (SR -241) through the City of Lake Forest. Existing, Year 2008, and Year 2020 traffic conditions without and with the Alton Parkway extension were analyzed within the traffic study. Contact Mr. Gene Spindler SHEA PROPERTIES 26840 Laguna Hills Drive, Suite 100 Aliso Viejo, CA 92656 (949)389-7116 Cerritos Museum Prosect Traffic Impact Analysis (OctQber, 2002). The project site is located at 12616 East 183rd Street on the southeast corner of Bloomfield Avenue and 183rd Street in the City of Cerritos. The proposed land uses for the approximately 2 acre project site are 15,355 square feet of museum and 10,000 square feet of office. The traffic report contains documentation of existing traffic conditions, traffic generated by the project, distribution of the project traffic to roads outside the project, and an analysis of build -out (2020) traffic conditions. Contact: Ms, Laurie Hager THE PLANNING CENTER 1580 Metro Drive Costa Mesa, CA 92626 (714)966-9220 Citv of Hesperia Civic Center Complex Traffic Impact Analvsis (February. 2002): The project site is located west of 7th Avenue and north of Juniper Street. The proposed land uses for the project site include an 85,000 civic center complex with a 45,000 square foot City Hall (including a police station and fire department administration) and a 40,000 square foot library. The traffic study analyzed existing, existing plus project, and Year 2020 traffic conditions without and with the project site. Contact: Mr, Dave Reno CITY OF HESPERIA 15776 Main Street Hesperia, CA 92345 (760)947-1253 COMPENSATION The fee for the work outlined in this proposal shall be based upon personnel charges plus direct expenses as indicated in the Standard Compensation Schedule, a copy of which is attached and is incorporated into the Memorandum of Agreement in its entirety. As shown in Table 1, in no case will the total fee for the specified services exceed !nt By: KUNZMAN; JetSuite; Mar 1-04 3:16PM; Page 7/9 $20,500 with a 7 working day rushed/overtime completion without prior approval from you or your authorized representative. The fee includes Kunzman Associates maintaining broad form general liability insurance, workman compensation insurance, and professional liability insurance; however, any insurance required by the client above that currently maintained by Kunzman Associates shall be a reimbursable expense in addition to the total fee quoted. This letter can serve as a Memorandum of Agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES Qa A Carl Ballard Senior Associate #2930 CONTRACT APPROVAL Approved by: Title: Firm: Date: Placa of Execution; a ent ay: KUNZMAN; JetSuite; Mar -1-04 3:16PM; Page 819 Table 1 Total Cost By Task 1 7 vrorkxrp day completion time cost include a 25% rueNproNme factor. 7 Hours Senlo, Principal Aasociare Technician Secrelery Total Task Description S150/Hr $125114, 340/Ht 340 H, Hours Cost 1 Field vv ev 2 e 4 10 S 960 2 Frosting tnw lc conditions 3 a 4 4 19 3 1.770 3 Project traffic psnantlon 3 6 2 2 13 S 1,350 4 Protea traffic distribution 5 9 2 2 15 S 1,090 5 Existing plus project analysis 2 a 3 3 10 3 1,540 a Existing plus project plus cumulative analysis 2 8 3 3 16 S 1,540 7 Existing plus project plus buildout analysis 2 a 3 3 15 S 1,540 8 Felt share contribution 2 4 a S 900 9 9t.9 mwllhgc 3 3 $ 375 10 E"Inshmentsl Administrator meeting 1 1 3 125 11 Transportation Commrealoh mooting, a 9 3 750 12 Planning Commission meetings 6 6 3 75D 13 City Council hemin s a a $ 750 Subtotal I i 21 741 2tJ 171 133 $ 17,920 Addillonal Taela: Traffic Signal Warrant Analycle 5 1,625 SYNCHRO Analysis 3 4,955 Grand Trial 3 20,5W Optional Tasks: - 4 study inta,aeclrun4 S 2.8W -4 study roc links S 4W 1 7 vrorkxrp day completion time cost include a 25% rueNproNme factor. 7 mt 1y: KUNZMAN; Jetsurte; Mar -1-04 3:16PM; Page 919 STANDARD COMPENSATION SCHEDULE (Effective January, 1999) Classification Hourly Rate Principal $150.00 Senior Associate $12500 Associate $100.00 Assistant $ 40.00 Technician $ 40.00 Secretary $ 4U0 General Provisions of Agreement 1. Travel, reproduction, and supply costs are billed at cost. 2. Hourly rates apply to work Time as well as travel time and waiting time which occur at meetings, public hearings, depositions, or court testimony. 3. Statements will be submitted monthly for work in progress or upon completion of work Statements are payable within 30 days of the statement date. Any invoice unpaid after 30 days shall be subject to a service charge of the maximum interest rate allowed bylaw or two percent per month, whichever is lees. 4. Client hereby agrees that the balance in a billing statement w correct and binding unless the client notifies the consultant in writing within fifteen days of the date of billing and informs consultant of the alleged incorrect Item 5. All documents produced as a result of this agreement may be used by the consultant without consent from the client. 8. The consultant makes no warranty as to his findings except that the work is performed using generally accepted methods. 7, The consultant will format the report according to client instructions atthe beginning of the project. orm the absence of such the absence of such instructions, in a format chosen by the consultant and consistent with accepted professional transportation engineering studies a. The consultantwill produce an objective, professional report, and may not arrive at the findings desired by the client. 9. The client agrees to limit the consultants liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultants fee. 10. Any controversy or claim arising out of or relating to this contract, or the breech thereof, shalt besetfied by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. 11. Where Kunzman initiates arbitration proceedings relating to this contract, any resultantfees to process arbitration, such as fifing fees and attorney fees, all shall be borne by the client. 12. It any term, condition, or provision of this Agreement is declared void, unenforceable, or limited in Its application or effect, such event shall not affect any other provisions hereof and all of the provisions shall remain fully enforceable. Kunzman Associates