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K O A C o r p o r a t i o n {� <br />EXCLUSIONS <br />These exclusions describe the situations that most frequently result in the need for extra work and <br />additional compensation. <br />■ The proposed scope of work and fee does not include any public hearing or meeting attendance, <br />except as specifically indicated in the Scope of Services. Attendance at additional meetings is billed <br />up to $210 per hour for a Firm Principal, with a four-hour minimum for night meetings. <br />■ If the project description or size should change after the project is initiated, or if traffic studies are <br />required at additional locations, not addressed in this letter or included in the Metro East Mixed Use <br />(MEMU) Overlay Zone EIR, it may be necessary to revise the study extensively, and renegotiate the <br />proposed budget. Costs would increase by approximately $2000 for each additional intersection. <br />■ The proposed fee does not include any costs or fees charged by any public agency for its review of <br />traffic modeling services, additional, or new traffic model runs by any Agency. The project applicant <br />will pay these directly to the Agency. This typically costs between $900 and $4000. <br />: The traffic study will be based upon timely traffic information. It must be submitted to the City for <br />initial processing within 60 days following preparation, or City requirements and data needs may <br />change. Also, if the project schedule becomes extended for any reason, City requirements may also <br />change. <br />■ Once the study is underway any earned fees due to KOA Corporation will be fully payable. <br />= The proposed scope of services and fee does not include study of traffic conditions at any location <br />except as specifically outlined in the scope of services. This excludes traffic studies at any nearby <br />intersections or driveways that might be affected by project traffic. <br />■ KOA reserves the right to ask for extra work fees if the City comments exceed what is reasonable. <br />Unreasonable comments, include (but not limited to) any traffic data collection, analysis, or surveys <br />at any locations except as specified in our proposal, added meetings, excessive surveys and <br />qualifications of said surveys, gratuitous delays in processing study or report, and unwillingness to <br />work with Consultant in reaching a consensus of comments. <br />■ If the traffic study is approved for public circulation by the City Staff, and subsequent legal actions <br />result in challenges in the study or further revisions, all KOA costs to address said legal challenges <br />shall be considered extra work and additional compensation will be requested. <br />■ KOA shall not be held financially responsible for costs of legal delays that relate to our work, except <br />in the case of sole and gross negligence on our part. <br />INDEMNIFICATION <br />KOA Corporation and the Client mutually agree to the fullest extent permitted by law, to indemnify and <br />hold each other harmless from any and all damage, liability or cost, including reasonable attorney's fees <br />and cost of defense arising from their own negligent acts, errors, and omissions in the performance of <br />their services under this agreement, to the extent that each party is responsible for such damages, <br />liabilities, and costs on a comparative basis of fault. <br />TRAFFIC IMPACT STUD1 PROPOSAL — ADDENDUM FOR THE 4 <br />Druft ETR Metro East Mixed U.re Zone Overlay Project in the Cite of .S'a111a Ana <br />