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HomeMy WebLinkAboutOld City Parking StudyAGREEMENT THIS AGREEMENT is made and entered into ,2004, by and between the City of Jeffersonville, Indiana, hereinafter referred to as the "LOCAL PUBLIC AGENCY" and Bernardin, Lochmueller & Associates, Inc. 6200 Vo~el Road Evansville, Indiana 47715 hereinafter referred to as the "CONSULTANT". WITNESSETH WHEREAS, the LOCAL PUBLIC AGENCY desires to contract for: Engineering Services for preparing the Old City Parkin~ Study. Planning and WHEREAS, the CONSULTANT has expressed a willingness to perform the: Services for preparing the Old City Parking Stud~. NOW, THEREFORE, the parties hereto agree that said CONSULTANT shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following described project or projects: Old City Parking Study (hereinafter referred to as the PROJECT). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: Page 1 of 8 Pages C:~DOCUME~lXLrnerkley~LOCALS~l\Temp\Contmct 8pg GovenmentAgencies.doc PROJECT NO: 104-0142-0PL Rev. 10/26/04 Section I: Services by CONSULTANT The services to be provided by the CONSULTANT under this Agreement are as set out in Appendix "A", attached to this Agreement, and made an integral part hereof. Section II: Information and Services to be Furnished by LOCAL PUBLIC AGENCY The information and services to be furnished by the LOCAL PUBLIC AGENCY are as set out in Appendix "B", attached to this Agreement, and made an integral part hereof. Section lie Notice to Proceed and Schedule The CONSULTANT shall begin the work to be performed under this Agreement immediately upon receipt of this fully executed Agreement from the LOCAL PUBLIC AGENCY. The CONSULTANT shall deliver the work to the LOCAL PUBLIC AGENCY in accordance with the Schedule contained in Appendix "C", attached to this Agreement, and made an integral part hereof. Execution of this Agreement shall serve as a written notice to proceed. The CONSULTANT shall not begin work prior to receipt of the fully executed Agreement. Section IV: Compensation The CONSULTANT shall receive payment for the work performed under this Agreement as set forth in Appendix "D", attached to this agreement, and made an integral part hereof. Page 2 of 8 Pages C:~DOCUME- 1 ~LmerkleyXLOC ALS~ l\Temp\C°ntrac'{~Spg-G°venmentAgencies'd°c PROJECT NO: 104-0142-0PL Rev. 10/26/04 Section V: General Provision[ 1. ~Work Office The CONSULTANT shall perform the work under this Agreement at the following office(s) Be~ller & Associates Inc. 620~ Evansville Indiana 47715 The CONSULTANT shall notify the LOCAL PUBLIC AGENCY of any change in its mailing address and/or the locations(s) of the office(s) where the work is performed. 2. Employment_ During the period of this Agreement, the CONSULTANT shall not engage, on this project on full or part time or other basis any professional or technical persormel who are or have been at any time during the period of this Agreement in the employment of the LOCAL PUBLIC AGENCY except regularly retired employees. 3. Ownership of Documents All documents, including tracings, drawings, reports, estimates, specifications, field notes, investigation, studies, etc., as instruments of service, are to be the property of the LOCAL PUBLIC AGENCY. During the performance of the services, herein provided for, the CONSULTANT shall be responsible for any loss or damage to the documents, herein enumerated, while they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the LOCAL PUBLIC AGENCY. Page 3 of 8 Pages C:~DOCUME~ 1 kLmerkleykLOCALS~ l\Temp\C°nt/~tct-Spg-G°venmentAgencies'd°c PROJECT NO: 104-0142-0PL Rev. 10/26/04 4. Com liance with State and Other L___aw~ The CONSULTANT specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, ordinances, and regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. 5. Workmen, s~ation ~urance The CONSULTANT shall procure and maintain, until final payment by the LOCAL PUBLIC AGENCY for the services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided by insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement performed by him. The kinds and amounts of insurance required are as follows: (A) Policy covering the obligations of the CONSULTANT in accordance with the provision of the Workmen's Compensation Law. (B) Comprehensive Policies of Bodily Injury Liability and Property Damage Liability Insurance, including Owners or Contractors Protective Coverage and a Save and Hold Harmless Endorsement of the types herein specified each with Bodily Injury Limits of Liability of not less than $100,000.00 for each person, including the death at any time resulting there from, and not less than $300,000.00 in any one accident, and not less than $100,000.00 for all damage arising out of injury to or destruction of property. (C) Automobile Policies of Bodily Injury and Property Damage Liability Insurance of the types herein specified with bodily injury limits of liability of not less than $100,000.00 for each · resulting there from, and not less than $300,000.00 in any person, including death at any t~me one accident, and not less than $100,000.00 for' all damages arising out of injury to or destruction of property, including hired and non-owned vehicles. Res_~p_~nsib~r Cl._aims The LOCAL PUBLIC AGENCY and the CONSULTANT have discussed the risks, rewards Page 4 of 8 Pages PROJECT NO: 104-0142-0PL Rev. 10/26/04 C:~DOCUME~I\LmerkleyxLOC ALS~ l\Terap\C°n~}act-8 pg-G°venmentAgencies'd°c and benefits of the project and the CONSULTANT's total fee for services. The risks have been allocated such that the LOCAL PUBLIC AGENCY agrees that to the fullest extent permitted by law, the CONSULTANT's total liability to the LOCAL PUBLIC AGENCY for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, including breach of contract and negligence of the CONSULTANT, shall not exceed (the total amount of $ 30.000.00 ) the amount of the CONSULTANT's total compensation for services paid and received by the CONSULTANT under this agreement. 7. _Changes in Work_ In the event the LOCAL PUBLIC AGENCY requires a change in scope, character or complexity of the work after the work has progressed as directed by the LOCAL PUBLIC AGENCY, adjustments in compensation to the CONSULTANT and in time for performance of the work as modified, shall be determined by the LOCAL PUBLIC AGENCY and the CONSULTANT in the exercise of their honest and reasonable judgment. The CONSULTANT shall not commence the additional change of the scope of the work until a supplemental agreement is executed and the CONSULTANT is authorized in writing by the LOCAL PUBLIC AGENCY. 8. Termination of Se~ices. This Agreement may be terminated by the LOCAL pUBLIC AGENCY or the CONSULTANT should the other party fail to perform its obligations hereunder. In the event of termination, the LOCAL PUBLIC AGENCY shall pay the CONSULTANT for all services rendered to the date of termination, all reimbursable expenses and reimbursable termination expenses. Page 5 of 8 Pages CSDOCUME~lXLmcrkley~LOCALS_i\Terap\Contract 8pg GovenracntAgencies,doc PROJECT NO: 104-0142-0PL Rev.10/26/04 9. Successor~nees The LOCAL PUBLIC AGENCY, insofar as authorized by law, binds itself and its successors, and the CONSULTANT binds his 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. Except as above set forth, neither the LOCAL PUBLIC AGENCY nor the CONSULTANT shall assign, sublet or transfer its or his interest in this Agreement without the consent of the other. 10. Su¢l>lements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. Page 6 of 8 Pages C.~DOCUME~ i~Lmerkley~LOC ALS~ i\Temp\Contmct Spg_GovenmentAgencies.do¢ PROJECT NO: 104-0142-0PL Rev. 10/26/04 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. CONSULTANT Bemardin, Lochmueller & Associates, Inc. Keith Lochmueller, President LOCAL PUBLIC AGENCY CityofJ ~~.l ~ ndiana BY Robe ~. Wi/z,- Jr., Mayor Attest: Attest: BY. David L. Isley, Secretary BY Approved as to form and accuracy: ~eslie ~3. Merkley, City Attorney (~ Page 7 of 8 Pages C:kDOCUME~lkLmerkleykLOCALS_i\Temp\Con~act 8pg GovenmentAgencies.doc PROJECT NO: 104-0142-0PL Rev. 10/26/04 ACKNOWLEDGMENT State of Indiana County of Vanderbur~h SS: Before me, the undersigned Notary Public in and for said County personally appeared Keith Lochmueller, President; David L. Isley. Secretary (Name of signers, their official capacity and Agency Name) Bernardin, Lochmueller & Associates. Inc. (Firm Name) and each acknowledged the execution of the foregoing agreement on this day of 2002 and each acknowledged and stated that he is the party authorized by the said firm to execute the foregoing agreement. Witness my hand and seal the said last named date. My Commission Expires: March 24, 2009 My County of Residence: Notary Public Virginia S. Wortz Print or type name ~ACKNOWLEDGMENT State of Indiana, County of VigQ, SS: Before me, the undersigned Notary Public in and for said County, personally appeared Robert L. Waiz, Jr., Mayor, City of Jeffersonville, Indiana and acknowledged the execution of the foregoing agreement on this_/7 day of ~, 2004 Witness my hand and seal this said last named date. My Commission Expires: My C,gunty of Residence: Notary Public Printed or typed name Page 8 of 8 Pages C;\DOCUME~ 1 kLmerkleykLOCALS~ I\Terap\C°ntra~t-Spg-G°venmentAgenciCs'd°c PROJECT NO: I04-0142-0PL Rev. 10/26/04 APPENDIX "A" SERVICES BY CONSULTANT To ensure a vibrant downtown marketplace and an attractive historic residential neighborhood, the City of Oeffersonville has proposed the Old City Parking Study. See Figure 1 (Parking Study Map). The study would: ~,- Identify existing public and private, parking and loading facilities in the Study Area. ~- Provide city officials, area residents, and existing and prospective businesses an accurate account of the area's existing parking needs. > Forecast future parking demands. ~ Identify the viable alternatives for meeting existing and future parking demands. The Study would be accomplished through four major tasks: Public Involvement, Inventory, Analysis and Documentation as described in detail below. Task l - Public Involvement The Public Involvement activities help identify parking issues, perceptions and concerns, ensure viable solutions addressing real parking deficiencies, and help build a public consensus for implementing the solutions. This task involves three maior activities: Project Management Team/Advisory Committee efforts, a parking perception survey and public information/presentation meetings. Project Management Team/Advisory Committee BLA recommends the creation of a Project Management Team or Ad Hoc Advisory Committee to provide direction, to serve as a sounding board and to instill local knowledge and experience. The Project Management Team/Advisory Committee would include the City's Project Manager and key people from City agencies (e.g., Mayor's Office, Planning/Development, Public Works/TraffiC, Safety, Planning Commission, Redevelopment Commission, etc.) and residential/business community (e.g., neighborhood associations, downtown business association, etc.). This should be limited to a working group of no more than twelve (12) people. The Team/Committee wouid meet five times throughout the project: 1) Kick-Off meeting to identify existing information sources, define community issues and goals relative to parking, review the public parking perception survey instrument and possible recipients, and help define the format of the first public information meeting. 2) Review the results of the public parking perception survey and the public inf°rmati°n survey and help define parking issues. 3) Review the preliminary results of the parking adequacy analysis' help define the tw° future build-out scenarios, and review preliminary solutions for addressing existing parking deficiencies. 4) Review the preliminary recommendations to address existing and future parking deficiencies and help define the schedule and format for the three public presentation meetings. 5) Review the Draft Final Report and input from the three public presentation, and direct appropriate revisions to create the Final Report. ' Page 1 of 6 Pages ProjectNo. 104-0142-0PL APPENDIX "A" Parking Perception Survey BLA would prepare and test a parking perception survey, discuss alternative methods of distributing the survey (computer web site, utility bills, flyers placed in mail boxes, etc.) to residents and businesses, development media tools for getting word out about the survey, and tabulate the returned surveys. BLA worked with Indiana University to create an unique electronic survey of student travel patterns. Students retrieved, completed and submitted the survey through an electronic web site. BLA is also familiar with consultants who conduct public surveys through computer touch-screen technology. Public Information/Presentation Meetings Early in the project, BLA would conduct one public meeting in the Study Area to gather public input on parking issues in the study area. The firm has conducted numerous public information meetings in indiana, Kentucky and illinois using an open house format. Attendees sign-in, receive an overview of the project, review useful exhibits and complete comment sheets and/or surveys. The exhibits would display public parking and loading spaces (on-street and off-street parking facilities) and private surface lots, land use, and property/business ownership patterns. BLA would also generate press releases and conduct media briefings to encourage public awareness and attendance at the first public input meeting and, if so desired, the final three public presentation meetings. Once the Draft Final Report has been completed, BLA would prepare a PowerPoint presentation and associated exhibits for the study recommendations. There would be three presentations over a two-day period as described by the RFP. BLA would summarize the comments received at all four public meetings for the body of the Final Report, organize the letters received into an appendix and develop a public records file to be turned over to the Department Planning and Development as a permanent record. Task 2 - Inventory This task involves the identification of existing parking and loading facilities and their utilization. As part of the effort, BLA will also review previous relevant studies, ex[sting parking regulations, existing parking inventories, and land use/ownership patterns. Thus, the major activities involve the identification/acquisition of existing parking resource information, review of previous studies and parking regulations, inventory of existing parking/loading facilities and conditions, and parking occupancy survey of the Study Area core (Proposed Study Area). Identification/Acquisition of existing Parking Resource Information This activity involves obtaining aerial photography and parcel base maps of the study area to create a parking base map of the study area in GIS. Additional GIS layers would include any existing parking inventory maps, information on parking meters and loading zones, existing land use and zoning. If property ownership information is available in a compatible GIS format, this would also be added as another layer. As a backup data source, BLA would also use the City Directory (Polk or similar address-specific database) for land use information and for the public parking perception survey. Page 2 of 6 Pages Project No. 104-0142-0PL APPENDIX "A" Review of Previous Studies and Parking Regulations This activity involves the identification and review of relevant studies and parking regulations. BLA would examine the comprehensive plan, any recent downtown and neighborhoed redevelopment plans and previous parking studies. The Off-Street Parking and Loading Regulations of the Jeffersonville Zoning Ordinance would be reviewed and summarized as well as any special ordinances addressing on-street parking/loading restrictions and any regulations guiding the design of surface parking lots. Inventory of Existing Parking/Loading Facilities and Conditions This activity involves the identification of public parking and loading spaces (on-street and off-street parking facilities) and private surface lots through aerial photography, land use, and property/business ownership. If necessary, the City Directory (Polk or similar address-specific database such as the tax valuation records) would be used to create a land use (number units if residential and number of square feet of nonresidential) and ownership database. This infOrmation would be placed in GIS layers for the review of parking/loading facility characteristics. Through aerial photography, land use and ownership, the number of parking spaces and their relation to surrounding land uses would be identified. In particular, the GtS maps would tie private surface parking lots to specific private land uses to the extent possible. Prior to the conduct of the parking occupancy survey, BLA would conduct a field survey to verify the location and number of parking spaces and loading areas (with any restrictions) on the street, the location and number of parking spaces in public and private off-street surface parking tots, and the condition of parking and loading facilities (e.g., condition of surface, markingS and signage, ADA accessibility and landscaping, etc.). This information would be added to the GIS parking database to guide the subsequent parking occupancy survey. Core Study Area Parking Occupancy Survey For the Study Area core (labeled Proposed Study Area in Figure 1), BLA would: > Conduct a parking space occupancy count survey for all public parking facilities (on-street and surface lots) on an hourly basis between 7 a.m. to 11 p.m. on Thursday and Saturday. ~,- Conduct a parking space occupancy count survey for all private parking facilities (surface lots) on an hourly basis between 7 a.m. to 11 p.m. on Thursday. This information would tabulated and tied to the GIS information database for subsequent analysis. For the Study Area fringe (labeled Proposed Fringe Observation Area on Figure 1), occupancy would be based on interpretation of the base available aerial photography and the field survey conducted to determine parking facilities characteristics. Task 3 - Analysis This task involves analysis of the parking occupancy of public and private facilities for the core Study Area (Proposed Study Area), the translation of land uses in both the core Study Area (Proposed Study Area) and fringe Study Area (Proposed Fringe Observation Area) into parking demand, the determination of parking adequacy for existing development and two future development scenarios, the identification of additional parking facilities by location to address existing and future parking demands, and the review of parking policies/strategies. Page 3 of 6 Pages Project No. 104-0142-0PL APPENDIX "A" Analyze Parking Space Turnover The parking occupancy of public and private facilities for the core Study Area (Proposed Study Area) would be tabulated to determine parking patterns by time of day and day of the week (for public facilities). Parking Demand Based on Land Use Land uses would be translated in to parking demand on the basis of Jeffersonville zoning regulations on off-street parking and on the basis of parking ratios derived from a number of parking space stud[es as reported by the Urban Land Institute and American Planning Association. Land use types with magnitudes (number of units for residential and square feet for nonresidential) would be aggregated by core and fringe sub-areas on the basis of existing land use and block patterns. Analyze Existing Parking Demand Public parking facilities (on and off-street) would be aggregated into sub-areas on the basis of ex[sting land use and block patterns. For the sub-areas, BLA would analyze parking facility adequacy by time of day (peak and off-peak) on the basis of the parking ratios by type of land use from various sources for the core and fringe area factoring in private surface parking lots and associated private land uses. In the core studY area, parking occupancy patterns would be compared to the parking adequacy based on land use parking demand ratios to assess the adequacy of parking ratio assumptions as reflected in the zoning regulations, in the fringe area, the adequacy of parking would be assessed only on the basis of land use parking demand ratios. Analyze Future Parking Demand Based on the two build-out development scenarios for the core and fringe of the Study Area generated by the Project Management Team/Advisory Committee, BLA would adjust the future parking demands, and analyze the sub-areas for parking deficiencies. Identify Additional Parking Facilities BLA would identify additional parking facilities by sub-area to address existing deficiencies and future deficiencies based on the two build-out scenarios. To the extent possible and appropriate, BLA would identify possible alternafive locations for addition parking facilities in consultation with the Project Management Team/Advisory Committee. Review Parking Policies and Strategies This activity involves the review of parking policies and strategies for addressing ex[sting and future parking needs in light of broader economic development and community objectives. BLA would address the following: ~- The role of the public and private sectors in meeting addressing parking deficiencies giving due consideration to the public fiscal capacity and to economic development objectives. ~- Appropriate revisions to parking and loading requirements as set forth in zoning and other regulations such as joint use of parking areas, increased or reduced parking/loading requirements based on the type of land use. Page 4 of 6 Pages Project No. 104-0142-0PL APPENDIX "A' On-street parking and public surface parking lots allow for the reduction of off-street parking requirements in certain areas of the community for community and economic development objectives. For economic development, urban design and other community objectives, off-street parking and loading requirements may also be reduced for new or expanded land uses in certain areas. BLA would identify possible location and types of uses for which parking requirements may be reduced, and would also identify the impact on the public of providing public parking space to address such a reduction in the off-street parking requirements for private development. Potential benefits of altering present parking restrictions such as reducing or increasing the time limits and the location restrictions on public on-street and off-street parking facilities. The impacts on different user groups (i.e. shoppers, merchants, commuters, residents, etc.) would be identified. Strategies to enhance the provision of special event parking. The adequacy of present on-street and alley loading zones and actions to improve the location and standards for future loading zones. The adequacy of public on-street and surface lot ADA accessible parking spaces in number, design and location and actions to improvement facilities to meet ADA requirements. Guidelines for the location and design of parking facilities in historic areas including landscaping, materials, access, setbacks, etc. Actions for addressing spillover parking for the core area into the fringe area and for commercial areas into residential areas. tn conclusion, in consultation with the Project Management Team/Advisory Committee and the community, BLA will develop the most viable combination of parking policies and strategies and new facilities to address the existing and future parking needs of the Old City Parking Study Area with due consideration to broader economic development, community, neighborhood and historic preservation objectives. Task 4 - Documentation This task involves the documentation activities under the three previous tasks. A Draft Final Report would be produced for review by the and for public review at three public presentations. Based on public comment and direction of the Project Management Team/Advisory Committee, the Draft Final Report would be revised and the Final Report would be delivered (30 copies including all maps, graphics; exhibits and appendices and one electronic version of all in PDF format). The City of Jeffersonville Old City Parking Study report would include: An Existing Conditions Report providing a parking inventory map of the study area, summarizing all fieldwork and occupancy counts, and recommending improvements to the existing system. A Future Parking Demand Report identifying future parking deficiencies and providing options for addressing these deficiencies. A Public Involvement Report documenting the results of the public parking survey, the public input from the first public information meeting and feedback from the three public presentations. Page 5 of 6 Pages Project No. 104-0142-0PL APPENDIX "A" Proposed Study Area - Figure 1 " : CITY OF JEFFERSONVILLE OLD CiTY PARKING STUDY Page 6 of 6 Pages Project No. I04-0142-0PL APPENDIX APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY LOCAL PUBLIC AGENCY The LOCAL PUBLIC AGENCY shall furnish the CONSULTANT with the following: 1. Under Task 1: Identify the members of the Project Management Team/Advisory Committee, arrange the time and place for all meetings (five), and notify all members of the Project Management Team/Advisory Committee of each meeting. 2. Under Task 1: Distribute and collect the Parking Pemeption Survey. 3. Under Task 1: Arrange the time and place for all public information and public presentation meetings (four), notify the press and public about such meetings, and collect public comment sheets. 4. Under Task 2: Provide any updates, as deemed appropriate by the Local Public Agency, for the Zoning Code, Comprehensive Plan and Subdivision Ordinance currently available from the Local Public Agency's website at www.cityofieff, net. 5. Under Task 2: Provide an electronic copy of existing and future land use maps for the Project Study Area from the Comprehensive Plan, if such exist. 6. Under Task 2: Provide a copy of zoning map for the Project Study Area, preferably in electronic format (but hard copy acceptable if electronic format not available). 7. Under Task 2: Provide Geographic Information System maps and database for the Project Study Area, including, but not limited to, property lines, aerial photography, structures, tax block and lot address, street address, and property owner. 8. Under Task 2: Provide access to Polk Directory or other city directory for property owners and renters by address. 9. Under Task 2: Provide a printout of the property owners by tax block and lot and by address for the Project Study Area. 10. Under Task 2: Provide any map displaying on-street parking restrictions (no parking, parking time limitations, loading zones, bus stops, dedicated parking spaces for handicapped, police or other officials, etc.). 11. Under Task 2: Provide any special ordinances addressing on-street parking and loading restrictions. 12. Under Task 2: Provide graphic showing layout of public parking lots (number of parking spaces should be evident) in Project Study Area. 13. Under Task2: Provide hard copies ofanyrelevant parking, circulation, land use (in addition to Comprehensive Plan), downtown revitalization/redevelopment plans or studies, and any other plans or studies deemed applicable by the Local Public Agency. 14. Under Task 3: Provide or define through the Project Management Team/Advisory Committee the future land use scenarios to be examined. 15. Under Task 3: Provide a list of special events with number of vendors and patrons, and any documentation of parking restrictions, needs or use during these events. "Page 1 ofl Page Project No. 104-0142-0PL Appendix "B" APPENDIX "C" SCHEDULE The CONSULTANT ~vill be prepared to begin the work immediately upon receipt of this fully executed Agreement from the LOCAL PUBLIC AGENCY. The CONSULTANT shall complete the final plan by April 30, 2005. .Page 1 of 1 Page Project No. 104-0142-0PL Appendix "C" APPE~NDIX "D" COMPENSATION A. AMOUNT OF PAYMENT 1. The CONSULTANT shall receive as payment f°r the w°rk perf°rmed under this Agreement the total lump sum fee amount of $ 30,000.00 unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC AGENCY. B. METHOD OF PAYMENT Subject to the aforesaid limitation, progress payments shall be made to the CONSULTANT in proportion to services completed. Payments for services completed shall be based on an invoice submitted to the LOCAL PUBLIC AGENCY not more than once per month. The final payment shall be due the CONSULTANT upon acceptance of the completed activities by the LOCAL PUBLIC AGENCY. Payments shall be due the CONSULTANT within thirty (30) calendar days after receipt of the invoice by the LOCAL PUBLIC AGENCY. C. CHANGES IN WORK In the event the LOCAL PUBLIC AGENCY requires a major change in the scope, character or complexity of the work after the work has progressed as directed by the LOCAL PUBLIC AGENCY, adjustment in compensation to the CONSULTANT and in time for performance of the ~vork as modified, shall be determined through negotiation by the LOCAL PUBLIC AGENCY and CONSULTANT in the exercise of their honest and reasonable judgment and the CONSULTANT shall not commence the additional ~vork or the change of the scope of work until authorized in writing by the LOCAL PUBLIC AGENCY. -Page 1 of 1 Pages Project No. 104-142-0PL Appendix "D"