Payments to the Consultant. (a) Payments of undisputed amounts are due and payable within sixty (60) days after the City’s receipt of an invoice from the Consultant. Undisputed amounts unpaid after sixty (60) days from the City’s receipt of such invoice shall bear interest at the rate of three percent (3%) per annum.
(b) By the 15th of each month, the Consultant shall submit a detailed invoice to City by electronic mail, which identifies the specific tasks of the Services performed by the Consultant and/or its Subconsultants in the preceding month. Each invoice shall clearly set forth in single line items: a detailed description of each action performed by each person (with their corresponding billing rate) and the time required to perform such action to the nearest tenth of an hour. The invoice shall also generally describe the relative percentage of completion for each Task (as identified in Exhibit A), the total cumulative amount invoiced for each Task, the total remaining compensation for completing each Task, any supporting documentation and the overall percentage of the Project’s Services completed as of the date of such invoice. Progress reports shall accompany each invoice in MS Word format.
(c) If the City determines that the Consultant’s invoice lacks sufficient detail or inappropriately block bills, the City will notify the Consultant promptly. Consultant shall revise the invoice in accordance with the requirements of this Agreement and resubmit to the City.
(d) No payments made under this Agreement shall be evidence of the proper performance of this Agreement, either in whole or in part, and no payment, including the final payment, shall be construed to be an acceptance of defective or improper services or relieve the Consultant of its responsibility to perform its services in a professional manner and in accordance with the terms of this Agreement.
(e) In the event of any dispute between the City and the Consultant as to the percentage or quality of work completed or the absence of supporting documentation, the City shall not be obligated to pay the amount in dispute until a final resolution of the dispute. Unless the parties expressly agree otherwise in writing, in the event a dispute arises under this Agreement in connection with payments to be made on any invoice, or otherwise, the Consultant, shall continue to perform its duties and responsibilities under this Agreement, including, without limitation, the Services, during the pendency of such dispute.
Payments to the Consultant. PAYMENTS GENERALLY FOR COMPREHENSIVE BASIC SERVICES BILLING – HOURLY RATE PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
Payments to the Consultant. 5.1 The amount for the performance of basic services and direct reimbursable expenses required under this Contract, will be in a not-to-exceed amount of Fifteen Million One Hundred Thousand and No One Hundredths Dollars ($15,100,000.00), which includes all fees for subconsultants.
5.2 Not Used.
5.3 Not Used.
5.4 Invoiced amounts will be based on the lesser of actual or agreed upon Consultant’s and team member’s hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Consultant’s and team member’s following:
5.4.1 Most recent audited overhead rates or agreed upon overhead rates;
5.4.2 Employee’s raw labor rates or agreed upon labor rates;
5.4.3 Negotiated profits; and
5.4.4 Agreed upon hourly billing rates. The Consultant, at their sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Consultant for the lesser of actual, agreed upon or billed hourly billing rates of the Consultant and their team members. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit.
5.4.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location.
5.4.6 All subconsultant agreements must be submitted at time of billing. Subconsultant agreements must include a provision providing the Owner the same rights to audit at the subconsultant level in all of its subconsultant agreements executed to effect project completion.
5.4.7 A Spreadsheet Rate & Hour Verification form (PD 84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the consultant service invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 and must be approved by the Owner.
5.4.8 Basic services invoices that are submitted with a consultant service invoice that are older than 90 days before the submission date will not be reimbursed. Basic services performed before the work order effective date...
Payments to the Consultant. 6.1 Payments on Account of Basic Services
6.2 Payments on Account of Additional Services 6.3 Payments Withheld
Payments to the Consultant. PAYMENTS GENERALLY
Payments to the Consultant. 8.1 Payments under this agreement shall be made monthly upon presentation of the Consultant's statement of services rendered. The Consultant shall prepare monthly invoices itemizing the work performed and shall submit separate invoices according to the following scheduled of values: Consultant's invoices shall allocate work performed on a percentage of completion basis and provide Owner with appropriate accounting documentation and records of work performed to satisfy any necessary requirements in accordance with the terms and conditions of any publicly financed grant which may bear on the project. Owner agrees to pay for Consultant's services based upon percentage of completion of satisfactory work on a monthly basis within thirty (30) days from the date of receipt of the Consultant's invoice. As a minimum, the monthly invoice shall contain the identity of the provider of the services, the date of the services, a description of the services, including percentage of work accomplished and the percentage remaining on each task as outlined in the proposal and in accordance with the above-stated schedule of values. Consultant shall promptly pay all suppliers and sub-consultants and shall indemnify and hold harmless Owner from any and all sources of claims arising from Consultant's failure to promptly pay its supplier or sub- consultants.
Payments to the Consultant. (1) Interim payments to the Consultant shall be made upon the completion and acceptance by the Employer of the items of Services provided as set out in the Appendix. The Consultant shall submit the request for payment (hereinafter called “Payment Claim”) in accordance with the Employer’s Requirements.
(2) Within 14 days of receiving a Payment Claim referred to in Clause 6(1), the Employer shall provide a payment response. The amount due shall be paid by the Employer to the Consultant:
a. Where the Consultant is a taxable person under the Goods and Services Tax Act, within 21 days or such other time period as may be stipulated in the Appendix after the date the tax invoice is submitted to the Employer. The Consultant shall submit to the Employer a tax invoice under the Goods and Services Tax Act within 7 days of the date of the payment response; or
b. In any other case, within 21 days or such other time period as may be stipulated in the Appendix after the expiry of the period within which the payment response is required to be provided under the Building and Construction Industry Security of Payment Act. The Consultant shall submit to the Employer an invoice within 7 days of the date of payment response. Where a time period is stipulated in the Appendix, that time period shall prevail.
(3) If any item or part of an item of the Payment Claim rendered by the Consultant is disputed or subject to question by the Employer, the payment by the Employer of that part of the Payment Claim which is not contested shall not be withheld on those grounds.
(4) If in the opinion of the Employer, the Consultant is in breach of any of the provisions of the Agreement, the Employer shall be entitled to withhold any payment or part thereof as may be due or become payable to the Consultant without prejudice to any right of action that may have accrued to the Employer and to the continuance of the Agreement unless otherwise terminated by the Employer.
(5) The Consultant shall if required by the Employer provide additional supporting documents and records to substantiate the payments to be made to the Consultant. The Consultant shall attend or respond to all such queries promptly and at no additional cost to the Employer.
(6) In the event that the Employer decides to terminate the Agreement in accordance with Clauses 9(1) or 9(2) of the Agreement, the Consultant shall be entitled to receive the professional fees due for the stages that he has completed up to the effective date of ...
Payments to the Consultant. 6.1 The Consultant, by submittal of an invoice, certifies that all services invoiced therein have been completed. The Consultant shall submit all reports or other documents and materials and shall have performed all services required by this agreement prior to issuance of final payment.
6.2 Invoices shall be numbered and shall separately identify the fee for basic services, fees for extra services and amounts to be reimbursed.
6.3 Progress payments shall be made monthly for work performed during the previous calendar month.
6.4 Invoices shall be submitted to
Payments to the Consultant. Contract Price 49.1 An estimate of the Contract Price is set forth in Appendix C (Remuneration).
Payments to the Consultant. 16.1. The Client shall effect payments to the Consultant in accordance with the payment schedules and in the manner set forth in Appendix (E).
16.2. Amounts due to the Consultant shall be paid promptly. If the Client fails to pay the Consultant within* ( ) days of the date of receipt of an invoice in respect of an amount which has fallen due, the Client [shall pay interest to the Consultant from the date of expiry of this period until the date of actual payment at the rate specified in Appendix (E)/ reimburse the Consultant in respect of such reasonable costs or bank charges as may be actually incurred by the Consultant as a result of the delay in payment after the expiry of the said period]**.
16.3. If any item or part of an item of an invoice submitted by the Consultant is disputed or questioned by the Client, he shall so inform the Consultant within 30 days of receiving the invoice stating the reasons for disputing or questioning such item or items of the invoice. Payment by the Client of the undisputed item or items of the invoice shall not be withheld on grounds that any other item is disputed or subject to question and the provisions of Sub- Clause 16.2 hereof shall apply to the undisputed part of the invoice and also to any disputed or questioned item or items of the invoice to the extent of the amount thereof subsequently agreed or determined as due to the Consultant. * A period of (60) days is recommended. ** Delete as appropriate.
16.4. All payments made by the Client in foreign currency as required by Appendix
