Common use of Preconstruction Phase Compensation Clause in Contracts

Preconstruction Phase Compensation. The Design-Builder’s compensation for Preconstruction Work performed during the Preconstruction Phase shall be an amount equal to: (a) The Fully Loaded Hourly Rates for the personnel performing the Preconstruction Work (at the rates provided in the DBA exhibit referred to at clause (a) of Section 15 (NTE Amount) of this Design- Build Agreement Term Sheet), multiplied by the number of hours worked by such personnel on the Preconstruction Work; plus (b) Payment for documented out-of-pocket reimbursable expenses reasonably incurred in performing Preconstruction Work (to the extent such types of expenses are included in the DBA exhibit referred to at clause (b) of Section 15 (NTE Amount) of this Design- Build Agreement Term Sheet); plus (c) Payment for documented out-of-pocket reimbursable expenses reasonably incurred in establishing and maintaining a Project office at which the Authority personnel and consultants will be co- located (to the extent such types of expenses are included in the DBA exhibit referred to at clause (c) of Section 15 (NTE Amount) of this Design-Build Agreement Term Sheet); provided that in no event shall the Preconstruction Phase compensation exceed the Preconstruction Phase NTE Amount agreed by the parties prior to DBA execution. The hourly rates for Preconstruction Work established as of the Effective Date (described in clause (a) of Section 15 (NTE Amount) of this Design- Build Agreement Term Sheet above) may be adjusted only with the approval of the Authority on an annual basis to the extent appropriate to reflect annual base salary increases for the roles enumerated, not to exceed 5% per year. The Design-Builder shall not change the categorization of an individual performing Preconstruction Work on the relevant exhibit due to a promotion of such individual without first obtaining the written approval of the Authority.

Preconstruction Phase Compensation. The Design-BuilderProgressive Contractor’s compensation for Preconstruction Work performed during the Preconstruction Phase shall be an amount (“Preconstruction Phase Compensation”) equal to: : (a) The Fully Loaded the hourly rates set forth in Exhibit D (Hourly Rates Rates), as amended, for the personnel performing the Preconstruction Work (at the rates provided in the DBA exhibit referred to at clause (a) of Section 15 (NTE Amount) of this Design- Build Agreement Term Sheet), multiplied by the number of hours worked by such personnel on the Preconstruction Work; plus plus (b) Payment for actual and documented out-of-pocket reimbursable expenses reasonably direct costs incurred in performing Preconstruction Work (plus mark-up for overhead, management, and profit consistent with the Department’s policy provided to the extent such types Progressive Contractor pursuant to Section 3.7 of expenses are included in the DBA exhibit referred to at clause (b) of Section 15 (NTE Amount) of this Design- Build Agreement Term SheetRFP); plus (c) Payment for documented out-of-pocket reimbursable expenses reasonably incurred in establishing and maintaining a Project office at which the Authority personnel and consultants will be co- located (to the extent such types of expenses are included in the DBA exhibit referred to at clause (c) of Section 15 (NTE Amount) of this Design-Build Agreement Term Sheet); provided that . However, in no event shall the Preconstruction Phase compensation Compensation exceed the Preconstruction Phase NTE Amount agreed Compensation Cap. The rates in Exhibit D (Hourly Rates) shall be the rates identified in Form D (Hourly Rates) in the Proposal subject to adjustment by the parties prior to DBA executionDepartment through Preconstruction Phase Change Orders. The hourly Progressive Contractor may submit for Approval a revised Exhibit D (Hourly Rates) to the Department that adds staff and rates for without requiring a Preconstruction Phase Change Order if the changes do not result in an increase to the Preconstruction Phase Compensation Cap. The invoice form shall be as prescribed, or as agreed, by the Department, and shall include such reasonable and customary certifications from the Progressive Contractor to the Department, as representations and warranties hereunder, as the Department shall require (e.g., Work established as of completed to the Effective Date (described level represented has been performed in clause (a) of Section 15 (NTE Amount) of this Design- Build Agreement Term Sheet above) may be adjusted only compliance with the approval of Agreement; information supporting the Authority on an annual basis to the extent appropriate to reflect annual base salary increases for the roles enumeratedinvoice is true, not to exceed 5% per year. The Designcomplete, and correct in all material respects, no double-Builder shall not change the categorization of an individual performing Preconstruction Work on the relevant exhibit due to a promotion of such individual without first obtaining the written approval of the Authoritycounting, etc.).

Preconstruction Phase Compensation. The Design-Builder’s compensation for Preconstruction Work performed during the Preconstruction Phase shall be an amount equal to: (a) The Fully Loaded Hourly Rates for the personnel performing the Preconstruction Work (at the rates provided in the DBA exhibit referred to at clause (a) of Section 15 (NTE Amount) of this Design- Design-Build Agreement Term Sheet), multiplied by the number of hours worked by such personnel on the Preconstruction Work; plus (b) Payment for documented out-of-pocket reimbursable expenses reasonably incurred in performing Preconstruction Work (to the extent such types of expenses are included in the DBA exhibit referred to at clause (b) of Section 15 (NTE Amount) of this Design- Design-Build Agreement Term Sheet); plus (c) Payment for documented out-of-pocket reimbursable expenses reasonably incurred in establishing and maintaining a Project office at which the Authority personnel and consultants will be co- co-located (to the extent such types of expenses are included in the DBA exhibit referred to at clause (c) of Section 15 (NTE Amount) of this Design-Build Agreement Term Sheet); provided that in no event shall the Preconstruction Phase compensation exceed the Preconstruction Phase NTE Amount agreed by the parties prior to DBA execution. The hourly rates for Preconstruction Work established as of the Effective Date (described in clause (a) of Section 15 (NTE Amount) of this Design- Design-Build Agreement Term Sheet above) may be adjusted only with the approval of the Authority on an annual basis to the extent appropriate to reflect annual base salary increases for the roles enumerated, not to exceed 5% per year. The Design-Builder shall not change the categorization of an individual performing Preconstruction Work on the relevant exhibit due to a promotion of such individual without first obtaining the written approval of the Authority.