Common use of Payments to the Consultant Clause in Contracts

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 will not be reimbursed. 5.4.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct reimbursable expenses required under this Contract, and costs identified as direct and reimbursable expenses, will be in a not-to-exceed amount of Fifteen Million One Seven Hundred Sixty Seven Thousand Five Hundred Seventeen and No One Hundredths Hundredth Dollars ($15,100,000.00767,517.00), 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 most recent audited overhead rate or agreed upon rate tables. The hourly billing rates will be multiplied by their overhead rate, personnel direct labor rates, negotiated profit and 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 5.4.2 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) 5.4.3 An employee basic services spreadsheet based on the agreed upon rate tables Fee and Scope Proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with before the consultant service invoice submittal. If there are changes such as new employees, new classification or new raw rate, then a labor change indicator must be completed on an updated rate table in Excel format is required basic services spreadsheet. Any changes to be submitted. Changes to the agreed upon rate tables an employee basic services spreadsheet must be indicated on the PD 84 and must be approved have prior approval by the Owner. All basic service xxxxxxxx must be accompanied by a rate & hour verification sheet submitted within the submittal as well as in Microsoft Excel format. 5.4.8 5.4.4 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 will not be reimbursed. 5.4.9 5.4.5 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 5.4.6 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 5.4.7 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 5.4.8 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 5.4.9 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 5.4.10 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct reimbursable expenses required under this Contract, not identified as direct and reimbursable expenses, will be in a not-to-exceed amount of Fifteen Twelve Million One Five Hundred Thousand and No One Hundredths Hundredth Dollars ($15,100,000.0012,500,000), 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 most recent audited overhead rate or agreed upon rate tables. The hourly billing rates will be multiplied by their overhead rate, personnel direct labor rates, negotiated profit and 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 5.4.2 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) 5.4.3 An employee basic services spreadsheet based on the agreed upon rate tables Fee and Scope Proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with before the consultant service invoice submittal. If there are changes such as new employees, new classification or new raw rate, then a labor change indicator must be completed on an updated rate table in Excel format is required basic services spreadsheet. Any changes to be submitted. Changes to the agreed upon rate tables an employee basic services spreadsheet must be indicated on the PD 84 and must be approved have prior approval by the Owner. All basic service xxxxxxxx must be accompanied by a rate & hour verification sheet submitted within the submittal as well as in Microsoft Excel format. 5.4.8 5.4.4 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 will not be reimbursed. 5.4.9 5.4.5 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 5.4.6 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 5.4.7 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 5.4.8 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 5.4.9 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 5.4.10 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct reimbursable expenses required under this Contract, and identified as direct and reimbursable expenses, will be in a not-to-exceed amount of Fifteen Three Million One Seven Hundred Thousand and No One Hundredths Hundredth Dollars ($15,100,000.003,700,000), 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 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 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 will not be reimbursed. 5.4.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct and reimbursable expenses required under this Contract, will be in a not-to-exceed amount of Fifteen Four Million One Hundred Thousand and No One Hundredths Dollars ($15,100,000.004,000,000), which includes all fees for subconsultants, for ongoing consulting engineering related services and consulting engineering services. The Parties acknowledge and agree that it is their intention to incorporate in each work order the amount and basis of payments to be made to the Consultant. Payments will be made on a lump sum or a not to exceed price as described in the work order at the sole discretion of the Owner for each work order. 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 will not be reimbursed. 5.4.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct and reimbursable expenses required under this Contract, Contract will be in a not-to-exceed amount of Fifteen Sixteen Million One Five Hundred Thousand and No One Hundredths Dollars ($15,100,000.0016,500,000.00), 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 may not be reimbursed. Basic services performed before the work order effective date will not be reimbursed. 5.4.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.

Payments to the Consultant. 5.1 The amount for the performance of basic services and direct and reimbursable expenses required under this Contract, will be in a not-to-exceed amount of Fifteen One Million One Five Hundred Thousand and No One Hundredths Hundredth Dollars ($15,100,000.001,500,000.00), 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 will not be reimbursed. 5.4.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.10 Overtime on any basic services must be pre-approved by the Owner. 5.4.11 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.12 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting sheets are to be submitted at the request for rebalancing. 5.4.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final consultant service invoice. 5.4.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Consultant to resolve within three business days. If the deficiency is not resolved within that time, the consultant service invoice will be returned.