HomeMy WebLinkAboutAGR-7178.B - ROCK E. MILLER, PE, PTOE - EXPERT WITNESS SERVICESEXPERT WITNESS SERVICES AGREEMENT
[Expert Witness Services]
THIS EXPERT WITNESS SERVICES AGREEMENT (the “Agreement”) is made at
Orange, California, on this _____ day of ____________, 2025 (the “Effective Date”) by and
between the CITY OF ORANGE, a municipal corporation (“City”), and ROCK E. MILLER, PE,
PTOE, sole proprietor (“Expert”), who agree as follows:
1.Services. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to the reasonable satisfaction of City services as an expert witness in the
matter of Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al., Orange
County Superior Court Case No. 30-2024-01406584, as that term is defined in California Code of
Procedure section 2034, and as set forth in Exhibit “A,” which is attached hereto and incorporated
herein by this reference. As a material inducement to City to enter into this Agreement, Expert
represents and warrants that it has thoroughly investigated and considered the scope of services
and fully understands the difficulties and restrictions in performing the work. The services which
are the subject of this Agreement are not in the usual course of City’s business and City relies on
Expert’s representation that it is independently engaged in the business of providing such services
and is experienced in performing the work. Expert shall perform all services in a manner
reasonably satisfactory to City and in a manner in conformance with the standards of quality
normally observed by an entity providing such services to a municipal agency. All services
provided shall conform to all federal, state and local laws, rules and regulations and to the best
professional standards and practices. The terms and conditions set forth in this Agreement shall
control over any terms and conditions in Exhibit "A" to the contrary.
Kirsten B. Shea (“City’s Representative”), shall be the person to whom Expert will report
for the performance of services hereunder. It is understood that Expert’s performance hereunder
shall be under the supervision of City’s Representative (or his/her designee), that Expert shall
coordinate its services hereunder with City’s Representative to the extent required by City’s
Representative, and that all performances required hereunder by Expert shall be performed to the
satisfaction of City’s Representative and the City Manager.
2.Compensation and Fees.
a.Expert's total compensation for all services performed under this
Agreement, shall not exceed FIFTEEN THOUSAND DOLLARS and 00/100 ($15,000.00)
without the prior written authorization of City and shall be payable as set forth in Exhibit “A.”
b.The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
c.No retainer shall be required.
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AGR-7178.B
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3. Payment.
a. As scheduled services are completed, Expert shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed or
incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c. City will pay Expert the amount invoiced within thirty (30) days after the
approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City’s Representative is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time, and/or adjustment of the compensation to be paid by City to Expert
and shall be signed by the City’s Representative, City Manager or City Council, as applicable.
5. Licenses. Expert represents that it and any subcontractors it may engage, possess
any and all licenses which are required under state or federal law to perform the work contemplated
by this Agreement and that Expert and its subcontractors shall maintain all appropriate licenses,
including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement, Expert
shall be an independent contractor and not an employee of City. City shall have the right to control
Expert only insofar as the result of Expert's services rendered pursuant to this Agreement. City
shall not have the right to control the means by which Expert accomplishes services rendered
pursuant to this Agreement. Expert shall, at its sole cost and expense, furnish all facilities,
materials and equipment which may be required for furnishing services pursuant to this
Agreement. Expert shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its subcontractors, agents and employees,
including compliance with social security withholding and all other wages, salaries, benefits, taxes,
exactions, and regulations of any nature whatsoever. Expert acknowledges that it and any
subcontractors, agents or employees employed by Expert shall not, under any circumstances, be
considered employees of City, and that they shall not be entitled to any of the benefits or rights
afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay,
Public Employees Retirement System benefits, or health, life, dental, long-term disability or
workers' compensation insurance benefits.
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7. Expert Not Agent. Except as City may specify in writing, Expert shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Expert shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s
Representative, or as designated in Exhibit “A,” shall perform work provided for under this
Agreement. It is understood by the parties that clerical and other nonprofessional work may be
performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Expert of
any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or designee.
10. Time of Completion. Expert shall commence the work provided for in this
Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute
completion of the work as agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Expert shall do
all things necessary and incidental to the prosecution of Expert's work.
12. Confidentiality and Proprietary Information.
a. Expert acknowledges that it will be necessary for City to disclose certain
confidential and proprietary information to Expert in order for Expert to perform its duties under
this Agreement and acknowledges that disclosure to a third party not authorized by City or misuse
of this proprietary or confidential information would irreparably harm City. Accordingly, Expert
will not disclose or use, either during or after the term of this Agreement, any proprietary or
confidential information of City without the City’s prior written permission except to the extent
necessary to perform the services on City’s behalf. If any confidential or proprietary information
is shared with a subcontractor or assignee, Expert shall ensure that these confidentiality and
proprietary information provisions are communicated to the subcontractor or assignee. Expert
shall be liable for any breach of these requirements.
b. Proprietary or confidential information includes, but is not limited to:
(1) The written, printed, graphic, or electronically recorded materials
furnished by City for Expert to use;
(2) Any written or tangible information stamped "confidential,"
"proprietary," or with a similar legend, or any information that City makes reasonable efforts to
maintain the secrecy of, business plans or strategies, resident lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs and inventories,
discoveries and improvements of any kind, tax or revenue projections, and other financial
information; and
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(3) Information belonging to customers and suppliers of City about
whom Expert gained knowledge as a result of Expert’s services to City.
c. Expert acknowledges any breach or threatened breach of confidentiality
under this Agreement will result in irreparable harm to City for which damages would be an
inadequate remedy. Therefore, City shall be entitled to equitable relief, including an injunction, in
the event of such breach or threatened breach of confidentiality. Such equitable relief shall be in
addition to City’s rights and remedies otherwise available at law.
13. Delays and Extensions of Time. Expert's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay, Expert must document any delay and request an extension of time in writing at
the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Expert’s control. If Expert believes that delays caused by City will
cause it to incur additional costs, it must specify, in writing, why the delay has caused additional
costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional
costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written
amendment to this Agreement.
14. Products of Expert. The documents, studies, evaluations, assessments, reports,
plans, citations, materials, manuals, technical data, logs, files, designs, photographs and other
products produced or provided by Expert for this Agreement shall become the property of City
upon receipt. Expert shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Expert agrees as follows:
a. Expert shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Expert shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation and selection for training, including apprenticeship. Expert agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Expert shall, in all solicitations and advertisements for employees placed
by, or on behalf of Expert, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
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c. Expert shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Expert agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Expert knows or has reason to know that Expert, its officers, partners, or employees have
a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Expert agrees to indemnify, defend
and hold City, its City Council and each member thereof, and the officers, officials, agents and
employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out
of:
(1) Any and all claims under workers’ compensation acts and other
employee benefit acts with respect to Expert’s employees or Expert’s subcontractor’s employees
arising out of Expert’s work under this Agreement, including any and all claims under any law
pertaining to Expert or its employees’ status as an independent contractor and any and all claims
under Labor Code section 1720 related to the payment of prevailing wages for public works
projects; and
(2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Expert, or person, firm or corporation employed
by Expert, either directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out
of, or in any way connected with the work or services which are the subject of this Agreement,
including injury or damage either on or off City’s property; but not for any loss, injury, death or
damage caused by the active negligence or willful misconduct of City. Expert, at its own expense,
cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be
brought or instituted against the Indemnitees on any such claim or liability covered by this
subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees,
or any of them, in any action, suit or other proceedings as a result of coverage under this
subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Expert agrees to indemnify and hold Indemnitees harmless from all liability arising
out of any claim, loss, injury to or death of persons or damage to property to the extent caused by
its negligent professional act or omission in the performance of professional services pursuant to
this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
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d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Expert and its successors.
18. Termination. City may for any reason terminate this Agreement by giving Expert
not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice,
Expert shall immediately cease work, unless the notice from City provides otherwise. Upon the
termination of this Agreement, City shall pay Expert for services satisfactorily provided and all
allowable reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by City shall be for cause, in which event City may withhold any disputed
compensation. City shall not be liable for any claim of lost profits.
19. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Expert and its subcontractors shall maintain reasonably full and complete
books, documents, papers, accounting records, and other information (collectively, the “records”)
pertaining to the costs of and completion of services performed under this Agreement. City and
its authorized representatives shall have access to and the right to audit and reproduce any of
Expert's records regarding the services provided under this Agreement. Expert shall maintain all
such records for a period of at least three (3) years after termination or completion of this
Agreement. Expert agrees to make available all such records for inspection or audit at its offices
during normal business hours and upon three (3) days’ notice from City, and copies thereof shall
be furnished if requested.
20. Compliance with all Laws/Immigration Laws.
a. Expert shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Reserved.
c. Expert represents and warrants that it:
(1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
(IRCA); and
(2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
(3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Expert’s
employees; and
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(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Expert shall require all subcontractors or subconsultants to make the same
representations and warranties as set forth in Subsection 21.c.
e. Expert shall, upon request of City, provide a list of all employees working
under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all
such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Expert. Once such request has been made, Expert may not change
employees working under this Agreement without written notice to City, accompanied by the
verification required herein for such employees.
f. Expert shall require all subcontractors or sub-consultants to make the same
verification as set forth in Subsection 21.e.
g. If Expert or subcontractor knowingly employs an employee providing work
under this Agreement who is not authorized to work in the United States, and/or fails to follow
federal laws to determine the status of such employee, that shall constitute a material breach of
this Agreement and may be cause for immediate termination of this Agreement by City.
h. Expert agrees to indemnify and hold City, its officers, officials, agents and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures City may sustain by reason of Expert's failure to comply with said laws, rules
and regulations in connection with the performance of this Agreement.
21. Governing Law and Venue; Disputes.
a. This Agreement shall be construed in accordance with and governed by the
laws of the State of California and Expert agrees to submit to the jurisdiction of California courts.
Venue for any dispute arising under this Agreement shall be in Orange County, California.
b. If any dispute arises under this Agreement, Expert and City shall negotiate
in good faith to settle such dispute.
22. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
23. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
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postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
“EXPERT” “CITY”
Rock E. Miller, PE, PTOE City of Orange
5731 E. West View Dr. 300 E. Chapman Avenue
Orange, CA 92869 Orange, CA 92866-1591
Attn.: Kirsten B. Shea
Telephone: (714) 743-1415 Telephone: (714) 744-5580
E-Mail: rock@rockemiller.com E-Mail: kshea@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
“EXPERT” “CITY”
Rock E. Miller, PE, PTOE, sole proprietor CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Jarad L. Hildenbrand, City Manager
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
By:
Kirsten B. Shea
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Expert:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
√
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CEO
Rock Miller
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
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Registered Traffic Engineer and Civil Engineer
5731 E. West View Drive, Orange CA 92869 (714) 743-1415 rock@RockEMiller.com
ROCK E. MILLER & ASSOCIATES
Mr. Miller is a registered Traffic and Civil Engineer in the State of California and has more than 45 years
of transportation engineering, planning, design, and operations experience. He has formerly served as
City Traffic Engineer for Costa Mesa and staff traffic engineer with the County of Orange. He is
thoroughly familiar with the latest capabilities and requirements available and expected from cities and
municipal governments. For more than 35 years, Mr. Miller has been a consultant at the senior or
principal level in the field of traffic engineering, traffic safety, and circulation design.
Mr. Miller has completed a wide variety of unique transportation projects, including traffic signals,
signing and striping, street lighting, work site traffic control, traffic impact analysis, and the design of
street and highway improvements. He has also prepared many transportation policy plans and
completed controversial and complex transportation studies, including projects anticipating litigation by
another public agency and projects with intense public opposition. Mr. Miller is well regarded for his
ability to apply strong fundamental traffic engineering knowledge to custom situations. He has
frequently been an invited speaker to regional and national conferences and committees on many
topics, including pedestrian circulation and safety, urban bikeway design, traffic calming, traffic safety,
and transportation policy.
Mr. Miller was elected and served as International President of the 15,000-member Institute of
Transportation Engineers (ITE) in 2012. He was named as the Institute’s 97 th Honorary Member in 2024.
He received a Lifetime Achievement award from ITE’s Western U.S. District in 2018 and from its
Southern California Section in 2021. Mr. Miller is also an extension Faculty member for the University of
California, Berkeley, Institute of Transportation Studies and has taught classes in Fundamentals of Traffic
Engineering, the Manual of Uniform Traffic Control Devices (MUTCD), and Bikeway Design. He also
serves as a voting member of the National Committee on Uniform Traffic Control Devices and as an
alternate member to the California Traffic Control Devices Committee, two committees that oversee
guidelines for traffic control devices in the U.S. and in California.
EDUCATION
MS, Civil Engineering, UC Davis, Davis, California, 1976
BS, Civil Engineering, UC Davis, Davis, California, 1973
REGISTRATIONS
Professional Engineer #11271-PE (Civil), State of Hawaii
Professional Engineer #1139 (Traffic), State of California
Professional Engineer #29493 (Civil), State of California
Certified Professional Traffic Operations Engineer #205,
Institute of Transportation Engineers
WORK EXPERIENCE,
Firm Principal, Rock E. Miller & Associates, Orange, CA
(2018-present & 1990-1995)
Senior Principal, Traffic and Transportation, Stantec
Consulting, Irvine, CA (2010 – 2018)
Principal, KOA Corporation/Katz, Okitsu & Associates,
Orange CA (1995-2010)
Principal Engineer, Basmaciyan-Darnell Associates, Irvine,
CA (1987-1990)
City Traffic Engineer, City of Costa Mesa, CA (1979-1987)
Traffic Engineer, County of Orange, CA (1976-1979)
Instructor, UC Berkeley, Institute of Transportation
Studies, Berkeley, CA (2002-present)
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Registered Traffic Engineer and Civil Engineer
5731 E. West View Drive, Orange CA 92869 (714) 743-1415 rock@RockEMiller.com
ROCK E. MILLER & ASSOCIATES
PROFESSIONAL ASSOCIATIONS
International President, Institute of Transportation
Engineers (2012)
Member, Association of Pedestrian and Bicycle
Professionals
Member, American Society of Civil Engineers
Member, US Transportation Research Board: Bicycle
Research Committee
Member, US National Committee on Uniform Traffic
Control Devices
Associate, Congress for New Urbanism
SPECIALTY DISCIPLINES
Pedestrian Enhancement and Safety Studies
Bicycle Enhancement and Safety Studies
Modern Roundabout Application and Design
Traffic Signal System Design
Traffic Signal Timing Plans
Traffic Signs and Markings
Freeway Traffic Flow Analysis
Traffic Performance Improvements
Traffic Planning for Downtowns and Walkable Areas
Neighborhood Traffic Management
AWARDS
2005 43rd Annual Meeting Best Technical Presentation - :
How Does the Chicken Cross the Road?
2001 2002 WesternITE Editors Award - In Pavement
Flashing Crosswalks – State of the Art
2018 WesternITE Lifetime Achievement Award
2025 Honorary Member, ITE
PUBLICATIONS and PRESENTATIONS
Traffic Signal Coordination, Myths and Realities.
California League of Cities/City Engineers Conference,
2008.
Safety Experience with PPLT Conversions in California.
ITE District 6 Annual Meeting, 2007.
Designing Highway Facilities for Pedestrian Safety.
Montana Joint Engineers’ Council, 2005.
Walkin’ in L.A., Los Angeles Crosswalk Safety Study.
Presentation for State of Utah, WASHTO–X, 2005.
In-Pavement Flashing Crosswalks, State of The Art. TRB
Urban Street Symposium, 2003.
Can 25,000 Pedestrians Cross the Street Safely?. ITE
Spring Conference, 2003.
Safety in Marked and Unmarked Crosswalks. Institute of
Transportation Engineers, Traffic Engineering Council
Newsletter, 2000
What’s Happening in Bicycle Friendly Long Beach,
Institute of Transportation Engineers Northeast, Southern,
Canadian, and Western Districts 2011-2012.
Complete Streets and CEQA, Los Angeles County and San
Diego Region Walk Symposiums, 2012.
Pedestrians, Bicycles, and Roundabouts, Green Building
Council, Long Beach, 2012.
Separated Bikeways: Improving Safety and Operation
through Design, Institute of Transportation Engineers
Annual Meeting with CITE, 2017.
Model Design Manual for Living Streets, Contributing
Author, Los Angeles County Dept of Public Health, 2010.
Complete Streets in LA, 1870-1980, Presentation to Los
Angeles Regional Planning History Group Symposium,
2016
New Technology in Bicycle Facilities. Presentation to
SCAG Toolbox Tuesdays. 2015
Bikeway Engineering in the 70s, a Turning Point.
Transportation Research Board, 2018
Divided by Design. Roads and Bridges Magazine, March
2018
Width Requirements for Bikeways, A Level of Service
Approach. Master’s Thesis, UC Davis 1976.
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Attachment A
This document provides standard provisions and serves as the terms of agreement for expert and forensic services
provided by Rock Miller, P.E. (EXPERT). Mr. Miller is regularly qualified as an expert in traffic engineering, traffic
control devices, and civil engineering of highway improvements for litigation regarding traffic collisions and
injuries. Potential qualification in other fields will be determined based upon specific circumstances.
All work under this assignment will be on a time and materials basis. If requested, CLIENT will be advised in
advance if more than 5 hours is anticipated to fulfill a service request. Expert and forensic services are provided at
a rate of $450 per hour for most services, including telephone, consultation, reading, research, and testimony or
waiting in trial or at depositions. The hourly rate is subject to adjustment upward if services for a specific matter
continue beyond two years. It is presumed that the hourly rate will be paid for depositions by the other party.
Travel time from Orange County, CA, is normally included in billable time for assignments within California. Travel
time to sites outside of California will be negotiated on a case-by-case basis. No retainer is requested if CLIENT
agrees to a field review or requests 4 hours of work upon authorization.
EXPERT will execute CLIENT contracts suggesting a maximum limit to fees, provided the fee is judged sufficient to
cover normal costs from initial retention through trial. However; EXPERT will advise when authorization for
additional compensation will be needed due to an unusual volume of work for a specific assignment.
Administrative services that do not require engineering expertise may be provided for appropriate services such as
setting up files, maintaining records in orderly condition, preparing and assembling files for discovery , scanning,
shipping, etc. All such services will be billed at $100 per hour, when provided by administrative staff. In addition,
direct costs including airfare, reasonably required overnight stays, shipping, obtaining special reference materials,
and mileage may be included with hourly costs.
A negotiated Not-to-Exceed cost can be provided for written reports. This would apply if the report requires
significant commitment of time by Mr. Miller and by support staff, including report content, exhibits, calculations,
and analysis. This provision generally will not apply to preparation of declarations or trial exhibits.
Invoices will be submitted no more frequently than monthly, representing all unbilled work to the date of the
invoice, unless noted otherwise. Invoices are normally sent near the first day of the month. Monthly invoices may
be postponed, if the total amount is less than $500. Upon notice to stop work, a final invoice will be presented
reflecting all known and unpaid costs to date. Payment terms are 30 days net. A late fee of 1.5% per month or a
minimum of $50 per month late may be added to invoices unpaid after 60 days.
By requesting services, the CLIENT releases EXPERT from any liability and agrees to defend, indemnify and hold
EXPERT harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential
damages, including but not limited to attorney’s fees and charges and court and arbitration costs, arising out of, or
claimed to arise out of, the performance of the SERVICES, excepting liability arising from the negligence or willful
misconduct of EXPERT. It is further agreed that the total amount of all claims the CLIENT may have against EXPERT
under this AGREEMENT or arising from the performance or non -performance of the SERVICES under any theory of
law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be
strictly limited to the fees paid to EXPERT for the SERVICES rendered. No claim may be brought against EXPERT in
contract or tort more than two (2) years after the cause of action arose. EXPERT’s liability with respect to any
claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the SERVICES and
EXPERT shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT,
including but not limited to claims for loss of use, loss of profits and loss of markets.
Docusign Envelope ID: 186A5764-0770-4382-BB8B-E3FB6A59C523