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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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