Common use of COMPENSATION AND COSTS Clause in Contracts

COMPENSATION AND COSTS. A. The Professional’s compensation for Basic Services as defined in Exhibit B (which is attached hereto and incorporated by reference herein), shall consist of the following negotiated amounts, hereinafter called “Basic Services Compensation”: Programming $ Schematic $ Design Development $ Interim Construction Documents $ Construction Documents $ Procurement Services $ Construction Contract Administration $ Final Payment $ TOTAL Basic Services Compensation $ This Basic Services Compensation is based on the Negotiated Project Scope and the Base Construction Amount of $ , as agreed to by the Professional and the Department. The Basic Services Compensation amount is payable, as set forth in Paragraph 4.1.100 of the General Conditions, unless there is a Special Condition governing payment outlined in Exhibit K, attached hereto and incorporated by reference herein. The Professional’s compensation for Basic Services may be adjusted in extreme circumstances due to major adjustments to the scope of work during the Design Stages. The Professional’s Basic Services Compensation will not be adjusted based upon construction contract award amounts. B. The Professional shall be compensated for any required Additional Services as defined in Exhibit B, Section B in the following manner: i. if the Additional Service was identified by the Department as necessary for the completion of the Project as of the date of this Agreement, they will be paid as either a part of the Basic Services Compensation or by Additional Compensation on the basis of a lump sum or a not-to-exceed fee, as written in the Negotiated Project Scope; ii. if an Additional Service is determined by the Department to be necessary for the completion of the Project after the full execution of this Agreement, the Professional shall be paid a lump sum or a not-to-exceed fee for such services, as mutually agreed upon in advance by the Department and the Professional; or iii. if an Additional Service has been identified by the Department as necessary during negotiations of this Agreement, but the scope and amount of compensation is unknown until after the Agreement is fully executed, the Professional shall be paid a lump sum or a not-to-exceed fee as mutually agreed upon by the parties in advance of the commencement of the Additional Service. Except for a negotiated lump sum, compensation for Additional Services performed directly by the Professional and all of the Professional consultants shall be calculated using the employee direct labor hourly rate times a maximum multiplier of 3 applied to the direct labor hourly rate. The total billing rate shall not exceed $180.00 per hour. When salary is the source of employee compensation, an equivalent direct labor hourly rate shall be developed considering a 40-hour workweek, and then calculated for billing as above. C. No Additional Services shall be performed without the prior written approval of the Department. No additional monies, fees, or compensation shall be paid by the Department without an approved Work Order. The Professional will not be entitled to payment for services performed without the prior written approval of the Department. D. The Services of the Professional arising from a Change Order (as defined in Exhibit J) to a prime contractor authorized by the Department, which is not a result of the Professional’s error or omission, shall be compensated at a rate of % applied to the Change Order amount, with no reduction for credit Change Orders. See Article

COMPENSATION AND COSTS. A. The ProfessionalPROFESSIONAL’s compensation for Basic Services as defined in Exhibit B (which is attached hereto and incorporated by reference herein), shall consist of the following negotiated amounts, hereinafter called “Basic Services Compensation”: Programming $ Schematic $ Design Development $ Interim Construction Documents $ Construction Documents $ Procurement Services $ Construction Contract Administration $ Final Payment $ TOTAL Basic Services Compensation $ This Basic Services Compensation ) shall be a negotiated fixed percentage of % and is based on the Negotiated Project Scope and the Base Construction Amount of $ , as agreed to by the Professional PROFESSIONAL and the DepartmentDEPARTMENT. The Basic Services Compensation This amount is payable, payable as set forth in Paragraph 4.1.100 of the General Conditions, unless there is a Special Condition governing payment outlined in Exhibit K, attached hereto and incorporated by reference herein. The ProfessionalPROFESSIONAL’s compensation for Basic Services may shall be adjusted in extreme circumstances due to major adjustments to the scope of work Base Construction Amount during the Design StagesStage. The ProfessionalPROFESSIONAL’s compensation for Basic Services Compensation will not be adjusted based upon construction contract award amounts. B. The Professional shall be compensated PROFESSIONAL’s compensation for any required Additional Services as defined in Exhibit B, Section B shall be compensated in the following manner: i. if 1. If the Additional Service was has been identified by the Department DEPARTMENT as necessary for the completion of the Project as at the time of the date negotiation of this Agreement, they the PROFESSIONAL will be paid compensated as either a part of the Basic Services Compensation or by Additional Compensation on the basis of a lump sum not-to-exceed fee or a not-to-exceed feefee “to be determined” at a later date, as written identified in the Negotiated Project Scope;Exhibit B, attached herein. ii2. if If an Additional Service additional service is determined by the Department DEPARTMENT to be necessary for the completion of the Project after the full execution of this Agreement, the Professional PROFESSIONAL shall be paid a lump sum or compensated a not-to-exceed fee for such services, as mutually agreed upon in advance by the Department DEPARTMENT and the Professional; orPROFESSIONAL. iii3. if an Additional Service has been identified by the Department as necessary during negotiations of this Agreement, but the scope and amount of compensation is unknown until after the Agreement is fully executed, the Professional shall be paid a lump sum or a not-to-exceed fee as mutually agreed upon by the parties in advance of the commencement of the Additional Service. Except for a negotiated lump sum, compensation Compensation for Additional Services performed directly by the Professional PROFESSIONAL and all of the Professional consultants PROFESSIONAL’s Consultants shall be calculated using the employee direct labor gross hourly rate times a maximum multiplier of 3 applied to the direct labor gross hourly rate. The total billing rate shall not exceed $180.00 per hour. When salary is the source of employee compensation, an equivalent direct labor gross hourly rate shall be developed considering a 40-hour workweek, and then calculated for billing as above. C. No Additional Services shall be performed without the prior written approval of the Department. No additional monies, fees, fees or compensation shall be paid by the Department DEPARTMENT without an approved written modification by an Amendment or Work Order. The Professional will not be entitled to payment for services performed without the prior written approval of the Department. D. The Services Upon acceptance by the PROFESSIONAL of the Professional arising from a Change Order (final payment under the terms of this Agreement, as defined in Exhibit J) to a prime contractor authorized it may be modified by the Departmentparties, which is not a result of the Professional’s error or omission, shall be compensated at a rate of % applied to the Change Order amount, with no reduction PROFESSIONAL waives any and all claims for credit Change Orders. See Articleany additional fees under this Agreement.

COMPENSATION AND COSTS. A. The Professional’s compensation for Basic Services as defined in Exhibit B (which is attached hereto and incorporated by reference herein), shall consist of the following negotiated amounts, hereinafter called “Basic Services Compensation”: Programming $ Schematic $ Design Development $ Interim Construction Documents $ Construction Documents $ Procurement Services $ Construction Contract Administration $ Final Payment $ TOTAL Basic Services Compensation $ This Basic Services Compensation is based on the Negotiated Project Scope and the Base Construction Amount of $ , as agreed to by the Professional and the Department. The Basic Services Compensation amount is payable, as set forth in Paragraph 4.1.100 of the General Conditions, unless there is a Special Condition governing payment outlined in Exhibit K, attached hereto and incorporated by reference herein. The Professional’s compensation for Basic Services may be adjusted in extreme circumstances due to major adjustments to the scope of work during the Design Stages. The Professional’s Basic Services Compensation will not be adjusted based upon construction contract award amounts. B. The Professional shall be compensated for any required Additional Services as defined in Exhibit B, Section B in the following manner: i. if the Additional Service was identified by the Department as necessary for the completion of the Project as of the date of this Agreement, they will be paid as either a part of the Basic Services Compensation or by Additional Compensation on the basis of a lump sum or a not-to-exceed fee, as written in the Negotiated Project Scope; ii. if an Additional Service is determined by the Department to be necessary for the completion of the Project after the full execution of this Agreement, the Professional shall be paid a lump sum or a not-to-exceed fee for such services, as mutually agreed upon in advance by the Department and the Professional; or iii. if an Additional Service has been identified by the Department as necessary during negotiations of this Agreement, but the scope and amount of compensation is unknown until after the Agreement is fully executed, the Professional shall be paid a lump sum or a not-to-exceed fee as mutually agreed upon by the parties in advance of the commencement of the Additional Service. Except for a negotiated lump sum, compensation for Additional Services performed directly by the Professional and all of the Professional consultants shall be calculated using the employee direct labor hourly rate times a maximum multiplier of 3 applied to the direct labor hourly rate. The total billing rate shall not exceed $180.00 per hour. When salary is the source of employee compensation, an equivalent direct labor hourly rate shall be developed considering a 40-hour workweek, and then calculated for billing as above. C. No Additional Services shall be performed without the prior written approval of the Department. No additional monies, fees, or compensation shall be paid by the Department without an approved Work Order. The Professional will not be entitled to payment for services performed without the prior written approval of the Department. D. The Services of the Professional arising from a Change Order (as defined in Exhibit J) to a prime contractor authorized by the Department, which is not a result of the Professional’s error or omission, shall be compensated at a rate of % applied to the Change Order amount, with no reduction for credit Change Orders. See Article