Common use of CONSULTANT’S COMPENSATION Clause in Contracts

CONSULTANT’S COMPENSATION. LUMP SUM BY TASK ORDER‌ 1. The method of compensation for this Contract is Lump Sum by Task Order (LSTO). Costs shall be derived from the rates as shown in this Contract. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Overhead rate of % has been established for this Contract. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for all redetermination of costs. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Provisional Overhead rate shall be set at % and is subject to change pending the receipt of the Pre-Award Review. Upon receipt of the Pre-award Review, a Contract Modification shall be executed to establish the Negotiated Overhead for this Contract. A one-time redetermination adjustment in the total amount paid or to be paid on all payment reports shall be made to reflect the established Negotiated Overhead rate and any resulting additional payments, refunds, or credits shall be made promptly. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for determination of costs.

CONSULTANT’S COMPENSATION. LUMP SUM BY TASK ORDER‌ORDER 1. The method of compensation for this Contract is Lump Sum by Task Order (LSTO). Costs shall be derived from the rates as shown in this Contract. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Overhead rate of % has been established for this Contract. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for all redetermination of costs. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Provisional Overhead rate shall be set at % and is subject to change pending the receipt of the Pre-Award Review. Upon receipt of the Pre-award Review, a Contract Modification shall be executed to establish the Negotiated Overhead for this Contract. A one-time redetermination adjustment in the total amount paid or to be paid on all payment reports shall be made to reflect the established Negotiated Overhead rate and any resulting additional payments, refunds, or credits shall be made promptly. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for determination of costs.

CONSULTANT’S COMPENSATION. LUMP SUM BY TASK ORDER‌(LS) 1. The method of compensation for this Contract is Lump Sum by Task Order (LSTOLS). Costs shall be derived from the rates as shown in this Contract. . a. Negotiated Overhead (if overhead rate is determined before contract execution) The total compensation for the work performed shall not exceed the sum of $0.00 $ _ plus any adjustments approved by the Department. The Negotiated Overhead rate of % %, which is based on the result of the Pre-Award Review, has been established and shall be set for the term of this Contract. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for all redetermination of costs. . b. Negotiated Provisional Overhead (if overhead rate is determined after contract execution) The total compensation for the work performed shall not exceed the sum of $0.00 $ _ plus any adjustments approved by the Department. The Negotiated Provisional Overhead overhead rate shall be set at % %. The Overhead rate, Direct Expenses and is Fixed Fee are subject to change pending the receipt result of the Pre-Award Review. Upon receipt of the Pre-award Review, a Contract Modification shall be executed to establish the Negotiated Overhead for the term of this Contract. A one-time redetermination adjustment in the total amount paid or to be paid on all payment reports shall be made to reflect the established Negotiated Overhead rate and any resulting additional payments, refunds, or credits shall be made promptlypromptly by the State or Consultant. The Contract NTP date shall be the effective date for all redetermination of costs. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for determination of costs. 2. The State shall pay the Consultant in installments based upon the Monthly Progress Reports and Progress and/or Final Payment Reports submitted by the Consultant, with payments subject to the following limitations: a. Prior to approval of the Stage II Design Submittal, the billed amount shall not exceed % of the total Contract amount. b. Prior to approval of the Stage III Design Submittal, the billed amount shall not exceed % of the total Contract amount. c. Prior to approval of the Final Design Submittal, the billed amount shall not exceed % of the total Contract amount. 3. The State, at its discretion may, by written notification, waive the above limitations. Approval authority shall be the same as for progress payments. 4. Costs shall be identified separately for each project number and shall not exceed the amounts budgeted for those specific categories during the Contract timeframe without prior written approval by the State. 5. The Consultant shall submit a Monthly Progress Report in a format furnished by the State showing the status of the work and the degree of completion. 6. The State shall not withhold retention on progress payments. However, if satisfactory progress has not been made, the State may first retain a maximum of 10% of the current and subsequent xxxxxxxx, or secondly, the State may refuse to make full progress payment(s) of such sums which are considered necessary. 7. The Consultant shall submit invoices on a regular (monthly) basis in accordance with a timetable agreed to during contract negotiations. Invoices shall be sent directly to ADOT Project Manager (ADOT PM). 8. The Consultant shall submit invoices for work performed by their Subconsultants even though the Consultant may not have performed any work during the preceding month. 9. On or before the seventh day after the State makes a progress payment to the Consultant, the Consultant shall pay the Subconsultant for the work performed to the extent of each Subconsultant contractual interest in the progress payment. 10. When all work is delivered, accepted and approved as complete by the State, ADOT Office of Audit & Analysis may prepare a report showing allowable costs incurred. Preparation of this report may require an audit of the Consultant’s records and may also include an audit of Subconsultants or subcontractors records. 11. Final payment shall be made as soon as possible after 60 days from the date of acceptance of audit findings, if applicable, by the State and the Consultant. 12. In the event the State requires substantial changes in the scope, character, or complexity of the work on the Contract, the total compensation as well as the fixed fee may be re-evaluated and adjusted to a greater or lesser amount by mutual agreement between the Consultant and the State. 13. In the event this Contract is terminated by the State as herein provided, the Consultant may be paid all the allowable costs incurred, including mobilization and demobilization expense, plus that portion of the fixed fee earned to date of termination as determined by the State. 14. Mobilization and demobilization expenses shall include only reasonable costs of marshaling personnel (and equipment if specifically provided for in the Contract) for performing this work and of terminating employment of such personnel. No costs shall be allowable in connection with termination of employment if incurred 15 days after the date of termination. Costs shall be determined as provided in the Federal Acquisition Regulation (FAR) 48 CFR Part 31 and may be verified by an audit. 15. Lump Sum contracts shall not be subject to audit except on a sample bases to determine the efficiency of ADOT negotiation process for its own internal control purposes.