Common use of Compensation to the Consultant Clause in Contracts

Compensation to the Consultant. 1. The DISTRICT shall compensate the CONSULTANT as follows: a. The DISTRICT agrees to pay the CONSULTANT in accordance with the rate and price schedule information set forth in EXHIBIT “A” for performing the basic services set forth in Article I, Article II and EXHIBIT “A” of this AGREEMENT. In no event shall the total payment to CONSULTANT exceed DOLLARS ($ ) for performing the basic services set forth Article I, Article II and EXHIBIT “A” of this AGREEMENT. Payment under this section includes the cost of the geotechnical observation, engineering and testing services necessary for the PROJECT including the furnishing of all materials, apparatus, labor and any required insurance for exploration procedures, sampling, field and laboratory testing, preparing and submitting boring logs and reports and other geotechnical services as set forth in EXHIBIT “A”. b. The CONSULTANT shall invoice all fees and/or costs monthly for the basic services that are provided in accordance with this AGREEMENT from the time the CONSULTANT begins work on the PROJECT. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress or services performed, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the CONSULTANT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the CONSULTANT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. c. The DISTRICT shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon.

Compensation to the Consultant. 1. The DISTRICT shall compensate the CONSULTANT as follows: a. The DISTRICT agrees to pay the CONSULTANT in accordance with the fee, rate and and/or price schedule information set forth in EXHIBIT “A” information, inclusive of reimbursable expenses, for performing the basic services required by this AGREEMENT subject to the limitations set forth in herein this Article I, Article II VII and EXHIBIT “A” of this AGREEMENT. In no event shall the total payment to CONSULTANT exceed DOLLARS ($ ) for performing the basic services set forth Article I, Article II and EXHIBIT “A” of this AGREEMENT. Payment under this section includes the cost of the geotechnical observation, engineering and testing services necessary for the PROJECT including the furnishing of all materials, apparatus, labor and any required insurance for exploration procedures, sampling, field and laboratory testing, preparing and submitting boring logs and reports and other geotechnical services as set forth in EXHIBIT “A”. b. The CONSULTANT shall invoice all fees and/or costs monthly for the basic services that are provided in accordance with this AGREEMENT from the time the CONSULTANT begins work on the PROJECT2. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT detailing all for the fees associated with incurred during the applicable progress or services performed, billing period and reimbursable expenses (if any). Invoices for fees must reflect the date of the Service, identify the individual performing the Service, state the hours worked and rate charged, and Additional Services (if any) incurred for describe the monthly billing periodService performed. Invoices requesting reimbursement for reimbursable expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., e.g. receipts, invoices), ) including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicableitems. Invoices requesting payment for Additional Services overtime must reflect the negotiated compensation previously approved by the DISTRICT straight time and overtime hours being charged, and must include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the to incur additional compensation approved by the DISTRICTovertime expense. No payments will be made by the DISTRICT to the CONSULTANT for monthly invoices requesting reimbursable expenses reimbursables or Additional Services overtime absent the prior written authorization of the DISTRICT. The DISTRICT shall make payment to the CONSULTANT of the approved invoiced amount within forty-five (45) days of the DISTRICT’s receipt of the invoice. 3. Invoices requesting payment for Additional Services performed in accordance with Article VIII below must reflect the compensation approved by the DISTRICT and include a copy of the DISTRICT’s written authorization. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the CONSULTANT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICTDISTRICT to proceed with such Additional Services as required by Article VIII. c. The DISTRICT shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon.

Compensation to the Consultant. 1. The DISTRICT shall compensate the CONSULTANT as follows: a. The DISTRICT agrees to pay the CONSULTANT in accordance with the fee, rate and and/or price schedule information set forth in EXHIBIT “A” for performing the basic services set forth in Article I, Article II and EXHIBIT “A” of performed pursuant to this AGREEMENT. In no event shall the total payment to CONSULTANT exceed DOLLARS ($ ) for performing the basic services set forth Article I, Article II required by this AGREEMENT and EXHIBIT “A” of this AGREEMENT. Payment under this section includes the cost of the geotechnical observation, engineering and testing services necessary for the PROJECT including the furnishing of all materials, apparatus, labor and any required insurance for exploration procedures, sampling, field and laboratory testing, preparing and submitting boring logs and reports and other geotechnical services as set forth in EXHIBIT “A”. b. The CONSULTANT shall invoice all fees and/or costs monthly monthly, or another periodic basis approved by the DISTRICT, for the basic services that are provided in accordance with pursuant to this AGREEMENT from the time the CONSULTANT begins work on the PROJECT. All costs must be supported by an invoice, receipt, or other acceptable documentation as determined by the DISTRICT. c. Except as expressly provided herein, CONSULTANT agrees that no other compensation, fringe benefits, or other remuneration is due to CONSULTANT by the DISTRICT for services rendered under this AGREEMENT. CONSULTANT shall not apply for or receive statutory benefits available to employees of the DISTRICT because CONSULTANT is not an employee of the DISTRICT; rather, CONSULTANT is operating under a personal services agreement pursuant to Education Code section 88003.1(b)(2) and has only the rights defined by this AGREEMENT. 2. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT detailing all for the fees associated with incurred during the applicable progress or services performed, billing period and reimbursable expenses (if any). Invoices for fees must reflect the date of the service, identify the individual performing the service, state the hours worked and rate charged, and Additional Services (if any) incurred for describe the monthly billing periodservice performed. Invoices requesting reimbursement for reimbursable expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., e.g. receipts, invoices), ) including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services overtime must reflect the negotiated compensation previously approved by the DISTRICT straight time and overtime hours being charged, and must include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the to incur additional compensation approved by the DISTRICTovertime expense. No payments will be made by the DISTRICT to the CONSULTANT for monthly invoices requesting reimbursable expenses or Additional Services overtime absent the prior written authorization of the DISTRICT. The DISTRICT shall make payment to the CONSULTANT of the approved invoiced amount within forty-five (45) days of the DISTRICT’s prior written authorization is an express condition precedent to receipt of the approved invoice. 3. The DISTRICT may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment by to such extent as may be necessary to protect the DISTRICT for Additional Services from loss, including costs and attorneys’ fees, on account of: (1) defective or reimbursable expenses and no claim by deficient work product not remedied; (2) failure of the CONSULTANT for additional compensation related to Additional Services make payments properly to its employees or reimbursable expenses shall be valid absent such prior written approval by subconsultants; or (3) failure of CONSULTANT to perform its services in a timely manner so as to conform to the DISTRICTPROJECT schedule or other time constraints. c. The DISTRICT shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon.

Compensation to the Consultant. 1. The DISTRICT shall compensate the CONSULTANT as follows: a. The DISTRICT agrees to pay the CONSULTANT in accordance with the fee, rate and and/or price schedule information set forth in EXHIBIT “A” the PROPOSAL for performing the basic services set forth in Article I, Article II and EXHIBIT “A” of performed pursuant to this AGREEMENT. In no event shall the CONSULTANT’s total payment to CONSULTANT compensation exceed DOLLARS ($ ) for performing all the basic services set forth Article I, Article II and EXHIBIT necessary to complete the Project as detailed in EXHIBITS “A” of this AGREEMENT. Payment under this section includes the cost of the geotechnical observation, engineering and testing services necessary for the PROJECT including the furnishing of all materials, apparatus, labor and any required insurance for exploration procedures, sampling, field and laboratory testing, preparing and submitting boring logs and reports and other geotechnical services as set forth in EXHIBIT “AB”. b. The CONSULTANT shall invoice all fees and/or costs monthly for the basic services that are provided in accordance with this AGREEMENT from the time the CONSULTANT begins work on the PROJECTProject in accordance with the progress payment schedule set forth in the PROPOSAL. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress or services performed, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the CONSULTANT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the CONSULTANT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. c. The DISTRICT shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon.