Common use of Final Efforts Schedule and Maximum Clause in Contracts

Final Efforts Schedule and Maximum. Personnel Expense. Upon completion of the Efforts Schedule, the Engineer will meet with the Owner and review the Proposed Efforts Schedule and Direct Personnel Expense Hourly Rates, and negotiate and agree upon the positions and personnel in each classification to be assigned to the project and the hours and hourly rate for each such position to be included in the Final Efforts Schedule in light of the overall Construction Budget and scope. The Efforts Schedule shall specifically provide for a minimum of FIVE PERCENT (5%) and a maximum of TEN PERCENT (10%) of the total personnel hours for the Project to be dedicated to the Project Completion and Warranty Work services to be provided by the Engineer, which shall be separately identified and set off as a dedicated portion of the Engineer’s maximum fee amount which shall be available to compensate the Engineer for such services; notwithstanding any other provision hereof, fees for such Project Completion and Warranty Work service shall not be invoiced by the Engineer or paid by the Owner until after the eleven (11) month walk through for the Project and acceptance of the Project by the Owner. The Owner and Engineer shall then execute the Final Efforts Schedule and Maximum Personnel Expense which shall be attached to this Agreement as EXHIBIT “D” ‐ FINAL EFFORTS SCHEDULE AND MAXIMUM PERSONNEL EXPENSE, and is incorporated herein by this reference. The MPE Addendum attached to this Agreement shall establish the Maximum Personnel Expense (MPE) to be paid by the Owner for the services of the Engineer’s personnel for the Project and shall be the basis for the Fixed Maximum Fee. Work shall not commence and no services shall be performed by the Engineer until the Addendum with the Final Efforts Schedule and Direct Personnel Expense hourly rates has been approved by the Owner and Engineer, and fully executed by all necessary parties.

Final Efforts Schedule and Maximum. Personnel Expense. Upon completion of the Efforts Schedule, the Engineer Architect will meet with the Owner and review the Proposed Efforts Schedule and Direct Personnel Expense Hourly Rates, and negotiate and agree upon the positions and personnel in each classification to be assigned to the project and the hours and hourly rate for each such position to be included in the Final Efforts Schedule in light of the overall Construction Budget and scope. The Efforts Schedule shall specifically provide for a minimum of FIVE PERCENT (5%) and a maximum of TEN PERCENT (10%) of the total personnel hours for the Project to be dedicated to the Project Completion and Warranty Work services to be provided by the EngineerArchitect, which shall be separately identified and set off as a dedicated portion of the EngineerArchitect’s maximum fee amount which shall be available to compensate the Engineer Architect for such services; notwithstanding any other provision hereof, fees for such Project Completion and Warranty Work service shall not be invoiced by the Engineer Architect or paid by the Owner until after the eleven (11) month walk through for the Project and acceptance of the Project by the Owner. The Owner and Engineer Architect shall then execute the Final Efforts Schedule and Maximum Personnel Expense which shall be attached to this Agreement as EXHIBIT “D” ‐ - FINAL EFFORTS SCHEDULE AND MAXIMUM PERSONNEL EXPENSE, and is incorporated herein by this reference. The MPE Addendum attached to this Agreement shall establish the Maximum Personnel Expense (MPE) to be paid by the Owner for the services of the EngineerArchitect’s personnel for the Project and shall be the basis for the Fixed Maximum Fee. Work shall not commence and no services shall be performed by the Engineer Architect until the Addendum with the Final Efforts Schedule and Direct Personnel Expense hourly rates has been approved by the Owner and EngineerArchitect, and fully executed by all necessary parties.

Final Efforts Schedule and Maximum. Personnel Expense. Upon completion of the Efforts Schedule, the Engineer Architect will meet with the Owner and review the Proposed Efforts Schedule and Direct Personnel Expense Hourly Rates, and negotiate and agree upon the positions and personnel in each classification to be assigned to the project and the hours and hourly rate for each such position to be included in the Final Efforts Schedule in light of the overall Construction Budget and scope. The Efforts Schedule shall specifically provide for a minimum of FIVE PERCENT (5%) and a maximum of TEN PERCENT (10%) of the total personnel hours for the Project to be dedicated to the Project Completion and Warranty Work services to be provided by the EngineerArchitect, which shall be separately identified and set off as a dedicated portion of the EngineerArchitect’s maximum fee amount which shall be available to compensate the Engineer Architect for such services; notwithstanding any other provision hereof, fees for such Project Completion and Warranty Work service shall not be invoiced by the Engineer Architect or paid by the Owner until after the eleven (11) month walk through for the Project and acceptance of the Project by the Owner. The Owner and Engineer Architect shall then execute the Final Efforts Schedule and Maximum Personnel Expense which shall be attached to this Agreement as EXHIBIT “D” ‐ FINAL EFFORTS SCHEDULE AND MAXIMUM PERSONNEL EXPENSE, and is incorporated herein by this reference. The MPE Addendum attached to this Agreement shall establish the Maximum Personnel Expense (MPE) to be paid by the Owner for the services of the EngineerArchitect’s personnel for the Project and shall be the basis for the Fixed Maximum Fee. Work shall not commence and no services shall be performed by the Engineer Architect until the Addendum with the Final Efforts Schedule and Direct Personnel Expense hourly rates has been approved by the Owner and EngineerArchitect, and fully executed by all necessary parties.