Scope of Payment. This is a fixed priced contract. The contract price is all-inclusive, and the Department will not compensate or reimburse the Provider any other amounts related to contract performance such as travel expenses, license fees, taxes, miscellaneous expenses, overhead, etc. Upon acceptance of all deliverables, the Department will pay the Provider in arrears the price agreed to for each contract payment milestone identified in Exhibit C, Section 3 less any amounts due the Department for liquidated damages. Before submitting an invoice, and upon notice from the Department as to the amount due, the Provider shall deduct from it any amounts of liquidated damages then due. If the Provider fails to deduct liquidated damages due, the Department’s Contract Manager shall notify the Provider of the Department’s intent to deduct liquidated damages pursuant to the applicable contract provision. Failure by the Department to notify the Provider for any liquidated damages shall not relieve the Provider from such obligation. The Department will not pay the Provider any more than the contract price in exchange for delivering the Project requirements. If it becomes necessary for the Department to request the Provider to render any additional services, either to supplement the required services or to perform additional work related to the Project, then the parties will follow the Project change request process as defined in the PMP, or if necessary, execute an amendment to the contract. Any approved additional services will be priced on an hourly basis according to the rate card provided in Exhibit C, Section 4. Such additional work shall not be performed unless set forth in a change request that has been approved by the Department or a contract amendment. The Department shall not be obligated to pay or reimburse the Provider more than the amount obligated pursuant to the contract and any approved change requests or amendments.
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Scope of Payment. This is The Contractor shall accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all Work under the Contract in a fixed priced contractcomplete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the Work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. The contract When the "basis of payment" subsection of a technical specification requires that the Contract Sum (or price is allbid) include compensation for certain Work or material essential to the item, this same Work or material will not also be measured for payment under any other Contract Item which may appear elsewhere in the Contract Documents. 100-inclusive3 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of Work vary from the quantities in the Proposal, the Contractor shall accept as payment in full, so far as Contract Items are concerned, at their original price in the Contract for the accepted quantities of Work actually completed and accepted. No payment, except as provided for in Section 90 (Changes in the Work), will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the Contract Items, or from any other cause. 100-4 PAYMENT FOR OMITTED ITEMS. Should a Contract Item be subsequently omitted or otherwise ordered to be non-performed, the Contractor shall accept payment in full at the Contract prices for any Work actually completed and acceptable prior to the Engineer's order to omit or non-perform such Contract Item, and the Department will not compensate or reimburse Contractor shall be reimbursed for no more than the Provider any other amounts actual costs incurred for the purpose of performing the omitted Contract Item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to contract performance such as travel expenses, license fees, taxes, miscellaneous expenses, overhead, etc. Upon acceptance of all deliverables, the Department will pay deleted Contract Item and shall be supported by certified statements by the Provider in arrears the price agreed to for each contract payment milestone identified in Exhibit C, Section 3 less any amounts due the Department for liquidated damages. Before submitting an invoice, and upon notice from the Department Contractor as to the amount due, the Provider shall deduct from it any amounts of liquidated damages then due. If the Provider fails to deduct liquidated damages due, the Department’s Contract Manager shall notify the Provider nature of the Department’s intent to deduct liquidated damages pursuant amount of such costs.. Acceptable Materials ordered by the Contractor and stored off the site at a location agreed upon in writing by the Owner or delivered and suitably stored at the site for the Work prior to the applicable contract provisiondate of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. Failure Notwithstanding the foregoing, payment for Materials stored on or off the site shall be conditioned upon compliance by the Department Contractor with procedures satisfactory to notify the Provider Owner to establish the Owner’s title to such Materials or otherwise protect the Owner’s interest. 100-5 PARTIAL PAYMENTS. Partial payments will be made no more than once each month, unless the Owner authorizes additional Requests for any liquidated damages shall not relieve Payments, as the Provider from such obligationWork progresses and must be requested on forms and in a format approved by the Owner, including a Prior Period Activity Report (PPAR) in writing. Requests for Payment will be prepared by the Contractor, based upon the Contractor’s estimate and subject to the Owner’s approval, of the value of Work performed and Materials complete-in-place in accordance with the Contract Documents. The Department Contractor’s Pay Request will not pay be reviewed by the Provider any more than the contract price in exchange for delivering the Project requirements. If it becomes necessary for the Department to request the Provider to render any additional services, either to supplement the required services or to perform additional work related to the Project, then the parties will follow the Project change request process as defined in the PMP, or Owner (and if necessary, execute adjusted accordingly) based upon the Owner’s estimate of the value of Work performed and Materials complete-in-place in accordance with the Contract Documents. Such partial payments may also include the delivered actual cost of those Materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this Section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, five (5) percent of such total amount will be deducted and retained by the Owner until the final payment is made. The balance (95 percent) of the amount payable, less all previous payments, shall be certified for payment. When approximately 95 percent of the Work has been completed, the Owner may, at its discretion and with the consent of the Surety, prepare an amendment estimate from which will be retained an amount not less than the estimated cost of the Work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the contract. Any approved additional services will be priced on an hourly basis according to the rate card provided in Exhibit C, Section 4. Such additional work shall not be performed unless set forth in a change request that has been approved by the Department or a contract amendmentContractor. The Department shall not be obligated Contractor agrees to pay or reimburse include in its monthly invoice an amount that represents all invoices/bills for services, labor and costs incurred by its subcontractors in the Provider more than the amount obligated pursuant to the contract and any approved change requests or amendmentscurrent billing period.
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Samples: Construction Contract, Construction Contract, Construction Contract
Scope of Payment. The Contract price is $XX,XXX,XXX which consists of the following: Services $ XX,XXX,XXX19,192,200 Hardware Purchases & Licenses $ XX,XXX,XXX889,422 Software Purchases & Licenses $ XX,XXX,XXX6,538,407 DDI Performance Period Total $ XX,XXX,XXX26,620,029 This is a fixed priced contract. The contract price is all-inclusive, and the Department will not compensate or reimburse the Provider any other amounts related to contract performance such as travel expenses, license fees, taxes, miscellaneous expenses, overhead, etc. Upon acceptance of all deliverables, the Department will pay the Provider in arrears the price agreed to for each contract payment milestone identified in Exhibit C, Section 3 less any amounts due the Department for liquidated damages. Before submitting an invoice, and upon notice from the Department as to the amount due, the Provider shall deduct from it any amounts of liquidated damages then due. If the Provider fails to deduct liquidated damages due, the Department’s Contract Manager shall notify the Provider of the Department’s intent to deduct liquidated damages pursuant to the applicable contract provision. Failure by the Department to notify the Provider for any liquidated damages shall not relieve the Provider from such obligation. The Department will not pay the Provider any more than the contract price in exchange for delivering the Project requirements. If it becomes necessary for the Department to request the Provider to render any additional services, either to supplement the required services or to perform additional work related to the Project, then the parties will follow the Project change request process as defined in the PMP, or if necessary, execute an amendment to the contract. Any approved additional services will be priced on an hourly basis according to the rate card provided in Exhibit C, Section 4. Such additional work shall not be performed unless set forth in a change request that has been approved by the Department or a contract amendment. The Department shall not be obligated to pay or reimburse the Provider more than the amount obligated pursuant to the contract and any approved change requests or amendments.
Appears in 1 contract
Samples: Contract