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HomeMy WebLinkAboutLOCHMUELLER 116-0126-OCE rOCHMUELLEM GROUP 6200 Vogel Road, Evansville, Indiana 47715 • 812.479.6200 T R A N S M I T T A L Date: February 1, 2017 Project Name: To: City of Jeffersonville Hamburg Pike Claim Review Attn: Mike Moore 500 Quartermaster Court Jeffersonville, Indiana 47130 Lochmueller Group Project No.: 116-0126-OCE Shipped Via: UPS Ground UPS Next Day Air ® US Mail Messenger Pick Up Date Copies Description 2/1/2017 1 Agreement 1/31/2017 1 Professional Liability Certificate of Insurance 1/31/2017 1 General Liability Certificate of Insurance 1 EVerify Affidavit REMARKS: Executed Agreement for your file. If you have any questions, please contact our office. LOCHMUELLER GROUP, INC. Matthew E.Wannem�er_ Vice President/Chief Administrative Officer AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into this day of 2016 (the "Effective Date"), by and between the City of Jeffersonville, acting by and th ough its proper officials, hereinafter referred to as LOCAL PUBLIC AGENCY, and Lochmueller Group, Inc., hereinafter referred to as CONSULTANT. W I T N E S S E T H WHEREAS,the LOCAL PUBLIC AGENCY desires to contract for Professional Services, and WHEREAS, CONSULTANT has expressed a willingness to perform said services, NOW,THEREFORE,the parties hereto agree that CONSULTANT shall provide the services and documents hereinafter described, in relation to the following described project: Hamburg Pike Claim Review (the "PROJECT"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: Section I Basic Services by CONSULTANT The basic services to be provided by CONSULTANT under this Agreement are as set forth in Appendix "A" ("Services"). Section II Information and Services to be Furnished by the LOCAL PUBLIC AGENCY The information and services to be furnished by the LOCAL PUBLIC AGENCY are as set forth in Appendix"B". Section III Schedule CONSULTANT shall deliver the Services to the LOCAL PUBLIC AGENCY in accordance with the Schedule contained in Appendix "C". The LOCAL PUBLIC AGENCY agrees that CONSULTANT is not responsible for damages arising directly or indirectly from delays for causes beyond CONSULTANT's control. In addition, if the delays resulting from any such causes increase the cost or time by CONSULTANT to perform its Services in an efficient manner, CONSULTANT shall be entitled to a reasonable adjustment in schedule and compensation. Section IV Compensation CONSULTANT shall receive payment for the Services performed under this Agreement as set forth in Appendix "D". CITY OF JEFFERSONVILLE Page 1 of 10 116-0126-OCE W:\ACCNT�W%CONi OIJEFFERSONVIIIE\1160126 HAMBURG PIKE CLAIM REV]EW\AGR WITH OTT 170716.DOC Section V General Provisions 1.0 Work Office CONSULTANT shall perform the Services at its offices or at such other locations as may be necessary or appropriate. 2.0 Standards of Performance 2.1 The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the respective profession practicing under similar circumstances at the same time and in the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, in connection with CONSULTANT's Services. 2.2 CONSULTANT shall be responsible for the technical accuracy of its Services and documents resulting therefrom, and LOCAL PUBLIC AGENCY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any deficiencies CONSULTANT discovers without additional compensation except to the extent such action is directly attributable to deficiencies in LOCAL PUBLIC AGENCY-furnished information. 2.3 CONSULTANT shall perform or furnish professional services in all phases of the Project to which this Agreement applies. CONSULTANT shall serve as LOCAL PUBLIC AGENCY's prime professional for the Project:. CONSULTANT may employ such subconsultants as CONSULTANT deems necessary to assist in the performance or furnishing of the Services. CONSULTANT shall not be required to employ any subconsultants unacceptable to CONSULTANT. 2.4 CONSULTANT and LOCAL PUBLIC AGENCY shall comply with applicable laws or regulations and Owner-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to LOCAL PUBLIC AGENCY's responsibilities or to CONSULTANT's scope of services,times of performance, or compensation. 2.5 LOCAL PUBLIC AGENCY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by LOCAL PUBLIC AGENCY to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. CITY OF JEFFERSONVILLE Page 2 of 10 116-0126-OCE W:WCGNIIMG�CONTRACI\IEFIfRSGNMUE511fAS26NANBURG PRE CLAIM REVIEMAGR WRN Cr"U071&D0C 2.6 CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in CONSULTANT's having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain. LOCAL PUBLIC AGENCY agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to CONSULTANT in any way contingent upon CONSULTANT's signing any such certification. 2.7 CONSULTANT shall not be responsible for the acts or omissions of any contractor(s), subcontractor or supplier, or any of the contractor's agents or employees or any other persons (except CONSULTANT'S own employees) at the site or otherwise furnishing or performing any of the contractor's work; or for any decision made on interpretations or clarifications of any contract for construction, general conditions, supplemental conditions, change orders, .and related documents (the "Contract Documents") given by LOCAL PUBLIC AGENCY without consultation and advice of CONSULTANT. 3.0 Authorized Project Representatives Contemporaneous with the execution of this agreement, CONSULTANT and LOCAL PUBLIC AGENCY shall designate specific individuals to act as CONSULTANT's and LOCAL PUBLIC AGENCY's representatives with respect to the Services to be performed or furnished by CONSULTANT and responsibilities of LOCAL PUBLIC AGENCY under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective pa rty. 4.0 Ownership of Documents All documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., shall be considered as instruments of service, and shall remain the property of CONSULTANT. During the performance of the Services herein provided for, CONSULTANT shall be responsible for any loss or damage to the documents which it caused, herein enumerated,while they are in its possession and any such loss or damage shall be restored at its expense. Full access to the Services during the progress of the Services shall be available to LOCAL PUBLIC AGENCY. LOCAL PUBLIC AGENCY shall not reuse or make any modification to the construction documents without the prior written authorization of CONSULTANT. LOCAL PUBLIC AGENCY agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless CONSULTANT, its officers, directors, employees and subconsultants (collectively, "CONSULTANT") against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs arising from, or allegedly arising from or in any way connected with, the unauthorized reuse or modification of the construction documents CITY OF JEFFERSONVILLE Page 3 of 10 116-0126-OCE W:V.crM]NMCONnu:.f\m"EMONIALiEU16D116 HAMMe6 PrKE cwM Nen EWnAW WMi cm 1m716.00c by LOCAL PUBLIC AGENCY or any person or entity that acquires or obtains the construction documents from or through the LOCAL PUBLIC AGENCY without the written authorization of CONSULTANT. Under no circumstances shall the transfer of ownership of CONSULTANT's drawings, specifications, electronic files or other instruments of service be deemed a sale by CONSULTANT, and CONSULTANT makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of CONSULTANT's copyrights in any of the foregoing, full ownership of which shall remain with CONSULTANT, absent CONSULTANT's express prior written consent. 5.0 Access to Records CONSULTANT and its subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the LOCAL PUBLIC AGENCY and copies thereof shall be furnished if requested. 6.0 Compliance with State and Other Laws CONSULTANT specifically agrees that in performance of the Services herein enumerated by it or by a subconsultant contractor or anyone acting in behalf of either,that it or they will exercise reasonable skill and care in its efforts to comply with applicable State, Federal, and Local Statutes, Ordinances and Regulations and assist the LOCAL PUBLIC AGENCY in obtaining all permits that are applicable to the entry into and the performance of this Agreement. 7.0 Employment Eligibility Verification The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self- employed and does not employ any employees. Also, pursuant to I.C. 22-5-1.7, CONSULTANT must execute an affidavit affirming that the CONSULTANT does not knowingly employ an unauthorized alien and confirming CONSULTANT's enrollment in the Program, unless the Program no longer exists, which Affidavit shall be filed with the LOCAL PUBLIC AGENCY prior to the execution of this contract. CITY OFJEFFERSONVILLE Page 4 of 10 116-0126-OCE W.\PC0MNGAWkA,MEFFEU0HW.LEWGQ=6 HAMBURG ME C'NM RMEWYAG4 WMJ CM 170716.00[ The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB- CONSULTANT. The LOCAL PUBLIC AGENCY may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LOCAL PUBLIC AGENCY. 8.0 Allocation of Risks—Indemnification 8.1 To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless LOCAL PUBLIC AGENCY, LOCAL PUBLIC AGENCY's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CONSULTANT or CONSULTANT's officers, directors, partners, employees, and its consultants in the performance and furnishing of CONSULTANT's services under this Agreement. 9.0 Waiver LOCAL PUBLIC AGENCY and CONSULTANT further agree to waive, on behalf of their assigns, employees, agents, and successors-in-interest, any and all consequential damages arising out of their responsibilities hereunder. 10.0 Status of Claims CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against CONSULTANT which are known resulting from services performed under this Agreement. CONSULTANT shall send notice of claims related to Services under this Agreement to LOCAL PUBLIC AGENCY within thirty(30) days. 11.0 Dispute Resolution -Jurisdiction and Venue If disputes arise between LOCAL PUBLIC AGENCY and CONSULTANT during the course of the Project, or following completion of the Project, which are not resolved within three CITY OF JEFFERSONVILLE Page 5 of 10 116-0126-OCE W:V1Cry(%%(2i3 lMAMEFFEMONNLLNIW126 NIIMSURO PIKE MAM REVIEW\AW1W❑HCITY 12O71G.00C (3) weeks after a demand for direct negotiation, the parties agree that all disputes between them arising out or relating to this Agreement or the Project shall be submitted to non-binding mediation, unless the parties mutually agree otherwise, with mediation conducted in Evansville, Indiana. If the parties do not agree on a mediator within ten (10)days after demand for mediation, either party may request the American Arbitration Association to appoint a mediator who shall be an attorney having substantial experience in construction law issues. If the mediator is unable to facilitate a settlement of disputes within forty-five (45) days of his/her appointment, the mediator shall issue a written statement to the parties to that effect and the aggrieved party may then seek relief through litigation. Any such litigation shall be resolved without the assistance of a jury, and each party hereby waives trial by jury in any claim whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement. If the parties are not able to settle the dispute through mediation, then it is understood that both parties hereto agree and consent to the exercise of jurisdiction over any matter or dispute arising in connection with this Agreement in a state court sitting in the state and county in which the project resides. 12.0 Worker's Compensation and Liability insurance CONSULTANT shall procure and maintain, until final payment by LOCAL PUBLIC AGENCY for the Services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by it or by its subcontractor. CONSULTANT shall furnish a certificate or certificates in a form satisfactory to LOCAL PUBLIC AGENCY, showing that this section has been complied with. During the term of this Agreement, CONSULTANT shall furnish LOCAL PUBLIC AGENCY with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until ten (10)days written notice has been given to the LOCAL PUBLIC AGENCY. In the event that such written notice of change or cancellation is given, LOCAL PUBLIC AGENCY may, at its option, terminate this Agreement and no further compensation shall, in such case, be made to CONSULTANT: The kinds and amounts of insurance required are as follows: 12.1 Policy covering the obligations of CONSULTANT in accordance with the provisions of the Worker's Compensation law. This Agreement shall be void and of no effect unless CONSULTANT procures such policy and maintains it until acceptance of the CnnTirno r ...... . . ,... ,... 12.2 Commercial General Liability Insurance (naming the LOCAL PUBLIC AGENCY as an additional insured) with limits of liability to be not less than $1,000,000 per CITY OFJEFFERSONVILLE Page 6 of 10 116-0126-OCE VP\%CCNTNG\CONTAAQ\IEFFEUCNVlllf11160125 NAM81Ma me C Im flNIIWZpGP WRN OTY 120716AOC occurrence, including bodily injury and property damage, and not less than $2,000,000 aggregate. 12.3 Commercial Automobile Liability Insurance, including hired or non-owned vehicles with limits of liability of not less than $1,000,000 for each accident. 12.4 Professional Liability Insurance in the amount of at least $1,000,000 per claim and aggregate. 13.0 Changes in the Services In the event the LOCAL PUBLIC AGENCY requires change in the Services, after the Services have progressed as directed by the LOCAL PUBLIC AGENCY, adjustments in compensation to CONSULTANT, and in time for performance of the Services as modified, shall be determined by the LOCAL PUBLIC AGENCY in consultation with CONSULTANT and CONSULTANT shall not commence the change of scope of the Services until a supplemental agreement is executed and CONSULTANT is authorized in writing by the LOCAL PUBLIC AGENCY. 14.0 Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice from receipt in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the services of this Agreement are terminated, CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY all data, reports, drawings, specifications and estimates completed or partially completed and these shall became the property of the LOCAL PUBLIC AGENCY. The earned value of the Services performed shall be based upon an estimate of the portions of the total services as have been rendered by CONSULTANT to the date of termination and which estimate shall be as made by the LOCAL PUBLIC AGENCY in consultation with CONSULTANT for all Services to be paid for on a lump sum basis. 15.0 Non-Discrimination Pursuant to I.C. 22-9-1-10, CONSULTANT and its subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in performance of the services under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. CITY OF JEFFERSONVILLE Page 7 of 10 116-0126-OCE W:\ACG'NJf.\CON7AM1lTUFFfFP30NNUi\11tiD1i6 HAmBURO Pm c W M REv EvAAGR WRN On 2207LCDX 16.0 Successors and AssiAnee5 The LOCAL PUBLIC AGENCY, insofar as authorized by law, binds itself and its successors, and CONSULTANT binds its successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Neither party may assign this Agreement, or any right, interests, claim, chose in action, defense or privilege under this Agreement without the written consent of the other party. Subcontracting to subconsultants, normally contemplated by the CONSULTANT as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. 17.0 Entire Agreement—Supplements This Agreement, together with the Appendices attached hereto, constitutes the entire agreement between the parties. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 18.0 Duration of Agreement If the basic Services covered in this Agreement have not been completed in accordance with the Schedule set forth in Appendix "C" of this Agreement, through no fault of CONSULTANT, extension of CONSULTANT's services beyond that time shall be revised, through mutual agreement,to include compensation for inflationary adjustments. 19.0 Hazardous Environmental Condition 19.1 LOCAL PUBLIC AGENCY represents to CONSULTANT that to the best of its Knowledge a Hazardous Environmental Condition does not exist. 19.2 LOCAL PUBLIC AGENCY has disclosed to the best of its knowledge to CONSULTANT the existence of all asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the Site, including type, quantity_ and location. 19.3 If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT shall have the obligation to notify LOCAL PUBLIC AGENCY and, to the extent of applicable laws and regulations, appropriate governmental officials. 19.4 If CONSULTANT's scope of services does not include any services related to a Hazardous Environmental Condition and in the event CONSULTANT or any other party encounters a Hazardous Environmental Condition, CONSULTANT may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until LOCAL PUBLIC AGENCY: (i) retains appropriate specialist consultant(s) or CITY OF JEFFERSONVILLE Page 8 of 10 116-0126-OCE W:SICCNTR/G\CCNTRACrVEFFEFECNVILLE\1166126 HAM BURG PIKE CLAIM RMEW AGR VMH CITY M71G,p6C contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition, and (ii) warrants that the Site is in full compliance with applicable laws and regulations. 19.5 LOCAL PUBLIC AGENCY acknowledges that CONSULTANT is performing professional services for LOCAL PUBLIC AGENCY and that CONSULTANT is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANT's activities under this Agreement. 19.6 If CONSULTANT's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT's terminating this Agreement for cause on thirty (30) days notice. 20.0 Notices All written notices required by this Agreement shall be sent to the parties at the following addresses by certified mail, return receipt requested: If to CONSULTANT: Lochmueller Group, Inc. Attn: Matthew E.Wannemuehler 6200 Vogel Road Evansville, Indiana 47715 If to LOCAL PUBLIC AGENCY: City of Jeffersonville Attn: Mike Moore, Mayor 500 Quartermaster Court,Suite 220 Jeffersonville, Indiana 47130 21.0 Governing Law Where permitted by law, this Agreement shatl be interpreted and enforced according to the laws of the State of which the project resides, without resort to its conflict of laws rules. The undersigned attests, subject by the penalties for perjury, that it is the contract party, or that it is the representative, agent, member or officer of CONSULTANT, that it has not, nor has any other member, employee, representative, agent or officer of the firm,company,corporation or partnership represented by it, directly or indirectly,to the best of its knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that it has not received or paid, any sum of money CITY OF JEFFERSONVILLE Page 9 of 10 115-0125-OCE W',WCNnNG�CONTRACiVEifERSONNtIRN11bG:26 HAMBURG P14 CLAIM RVAENMOR W RH CITY 12D7L&DCC or other consideration for the execution of this Agreement other than that which appears upon the face of the Agreement. 22.0 No Investment in Iran 22.1 As required by IC 5-22-16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the day and year first above written. LOCHMUELLER GROUP, INC. CITY OF JEFFER NVILLE By By Mi, ael R. Hinton Mike MJPre President/Chief Executive Officer Mayor Date Date CITY OF JEFFERSONVILLE Page 10 of 10 116-0126-OCE W')NCCNTING\CONTRACT\IEFFERSONVILU\1160126HAMBtMG PINE CLAIM A EVIEMACRW ITry Cli 1207160oC APPENDIX"A" SCOPE OF SERVICES CONSULTANT shall perform an investigation of Contract Documents for Delay Claim Review and Liquidated damage disputes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX"A" W:WCNT)Mdl'O4�AM!-F6NSONVILLfN:16M26HAMBURGFIIECLAIMRIVIWACIAWRHQin'120]16.WK 116-0126-OCE APPENDIX`B" INFORMATION AND SERVICES TO BE PROVIDED BY LOCAL PUBLIC AGENCY [THIS PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX"B" W:V7CCR7iNC�WNRIALY�IFFFER50tlNlLP�llG0S26 HAMBURG VKE MAIM REVFW\AGR WITH CITY 11 W 1iWC 116-0126-OCE APPENDIX"CA SCHEDULE CONSULTANT shall provide the services set forth in Appendix "A" of this Agreement through May 2017. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX"C" W:\ACCNMNG\COWMACrWFEPSONHLLE\1160126HAMaLJRG PIKE aAM NEVPXW AGRWMi CITY 120716D0C 116^0126-OCE APPENDIX"C SCHEDULE CONSULTANT shall provide the services set forth in Appendix "A" of this Agreement through May 2017. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX"C" W:�4CMnN.�COWMACT%AfFFERfONHLUAIIG01161UMB0 C;P:KE. WPEWI AAGR WITH dN1M716DOC 116-0126-OCE APPENDIX"D" COMPENSATION 1.0 AMOUNT OF PAYMENT 1.1 The CONSULTANT shall receive payment for the services performed under this Agreement in the amount of a total fee not-to-exceed Ten Thousand Dollars ($10,000.00), unless a modification to this Agreement is approved in writing by the LOCAL PUBLIC AGENCY. 1.2 The CONSULTANT shall be paid for providing the services set forth in Appendix "A" based on the actual hours of work performed and in accordance with the following rate schedule: Construction Engineer III $142.02 2.0 METHOD OF PAYMENT 2.1 The CONSULTANT shall submit invoices to the client on a monthly basis for services rendered. In no event shall the total of the CONSULTANT's invoices exceed the amount provided in this Appendix "D" without prior approval as provided elsewhere in this Agreement. 2.2 The LOCAL PUBLIC AGENCY shall pay the CONSULTANT for said invoices within thirty(30)calendar days for CONSULTANT's services. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX"0" W.\ACCNrliG1CONTRACYUEFFERSOWIILLEU160126 HAMBURG PIRG GLUM R¢NEW1AM W RTI CITY 12O716AOC 116-0126-OCE