Common use of CONTINGENCY TASKS Clause in Contracts

CONTINGENCY TASKS. Amounts for any contingency tasks must be shown as a separate line-item for each task. The amount for a contingency task must include all labor, overhead, profit, and expenses for the task. Expenses for contingency tasks must not be included in an overall amount for direct non-labor expenses applied to the budget for the non-contingency tasks. Enter the agreed to unit and extended amounts for contingency tasks in the Contingency Task Summary table.  The BOC must be submitted without profit included {profit will be negotiated following agreement on the SOW, labor costs and expenses}.  Cost estimates must be developed using approved labor rates and allowable expenses as described in this Exhibit B.  No ▇▇▇▇-up is permitted on subcontractors or direct non-labor costs. Consultant shall use standardized form (Excel spreadsheet format as provided by Agency) to prepare BOC. The BOC dated is not physically attached but incorporated into this Exhibit B by this reference with the same force and effect as though fully set forth herein. A copy of the final BOC has been provided to Consultant prior to Contract execution. Prior to approval of additional subconsultants, Consultant shall provide to Agency any requested documentation of qualifications and experience of the prospective subconsultant and its staff. Contractor shall obtain at Contractor’s expense the insurance specified in Exhibit C prior to performing under the Contract and shall maintain it in force and at its own expense throughout the duration of the Contract, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Coverage shall be primary and non-contributory with any other insurance and self- insurance with exception of Professional liability and Workers’ compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

CONTINGENCY TASKS. Amounts for any The table below is a summary of contingency tasks must be shown as that Agency, at its discretion, may authorize Consultant to perform. Details of the contingency tasks and associated deliverables are stated in the Task section of the Statement of Work. Consultant shall complete only the specific contingency task(s) identified and authorized via written (e-mail acceptable) Notice-to-Proceed (“NTP”) issued by Agency’s Project Manager. If requested by Agency, Consultant shall submit a separate linedetailed cost estimate for the agreed-item to contingency Services (up to the NTE amount(s) in the Contingency Task Summary Table) within the scope of the contingency task. If Agency chooses to authorize some or all of these tasks, Consultant shall complete the authorized tasks and deliverables per the schedule identified for each task. The NTP will include the contingency task name and number, agreed-to due date for completion and NTE amount for the authorized contingency task. Each contingency task is only billable (up to the NTE amount identified for the task) if specifically authorized per NTP. In the table below, the “NTE for Each” amount for a contingency task must include includes all labor, overhead, profit, and expenses for the task. Expenses The funds budgeted for contingency tasks must may not be included in an overall amount for direct non-labor expenses applied to the budget for the non-contingency taskstasks without an amendment to the Contract. Enter The total amount for all contingency tasks authorized shall not exceed the agreed to unit and extended amounts maximum identified in the table below. Each authorized contingency task must be billed as a separate line item on Consultant’s invoice. Contingency Task Description NTE for Each Max Quantity Method of Comp. Total NTE Amount Total for contingency tasks: $ Definitions: FCCM – Facilities Capital Cost of Money NBR – Negotiated Billing Rates. NBRs are fully loaded billing rates inclusive of direct salary, indirect expenses and profit. NTE – Not to Exceed Amount T&M – Time and Materials A. METHOD of COMPENSATION for NON-CONTINGENCY TASKS Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with Contract requirements and all applicable standards. Consultant shall complete all Services and provide all deliverables as defined in the Contract. If the applicable compensation is exhausted, but Services and deliverables are not complete, Consultant shall complete the Services and provide the deliverables to Agency’s satisfaction without additional compensation. The amount payable under the Contract may be adjusted by Agency or renegotiated to:  Reduce the NTE, Fixed-Price or Fixed-Fee amount associated with Tasks/Deliverables that were not authorized by Agency or not performed by Consultant;  Reduce the NTE, Fixed-Price or Fixed-Fee amount commensurate with deductive amendments to reduce the risk associated with the project or to reduce the scope of work required under the Contract;  Increase the NTE, Fixed-Price or Fixed-Fee amount for additional Tasks/Deliverables added to the scope of work via amendment to the Contract. {The method(s) of compensation for contingency tasks, if any, is specified in Exhibit A, Contingency Task Summary tableTable.} 1.  The BOC must be submitted without profit included {profit will be negotiated following agreement on the SOW, labor costs and expenses}.  Cost estimates must be developed using approved labor rates and allowable expenses as described in this Exhibit B.  No ▇▇▇▇-up is permitted on subcontractors or direct nonPlus Fixed Fee with Not-labor costs. Consultant shall use standardized form To-Exceed (Excel spreadsheet format as provided by AgencyCPFF) to prepare BOC. The BOC dated is not physically attached but incorporated into this Exhibit B by this reference with the same force and effect as though fully set forth herein. A copy of the final BOC has been provided to Consultant prior to Contract execution. Prior to approval of additional subconsultants, Consultant shall provide to Agency any requested documentation of qualifications and experience of the prospective subconsultant and its staff. Contractor shall obtain at Contractor’s expense the insurance specified in Exhibit C prior to performing under the Contract and shall maintain it in force and at its own expense throughout the duration of the Contract, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Coverage shall be primary and non-contributory with any other insurance and self- insurance with exception of Professional liability and Workers’ compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.[RESERVED]

CONTINGENCY TASKS. Amounts for any The table below is a summary of contingency tasks must be shown as that Agency, at its discretion, may authorize Consultant to perform. Details of the contingency tasks and associated deliverables are stated in the Task section of the Statement of Work. Consultant shall complete only the specific contingency task(s) identified and authorized via written (e-mail acceptable) Notice-to-Proceed (“NTP”) issued by Agency’s Project Manager. If requested by Agency, Consultant shall submit a separate linedetailed cost estimate for the agreed-item to contingency Services (up to the NTE amount(s) in the Contingency Task Summary Table) within the scope of the contingency task. If Agency chooses to authorize some or all of these tasks, Consultant shall complete the authorized tasks and deliverables per the schedule identified for each task. The NTP will include the contingency task name and number, agreed-to due date for completion and NTE amount for the authorized contingency task. Each contingency task is only billable (up to the NTE amount identified for the task) if specifically authorized per NTP. In the table below, the “NTE for Each” amount for a contingency task must include includes all labor, overhead, profit, and expenses for the task. Expenses The funds budgeted for contingency tasks must may not be included in an overall amount for direct non-labor expenses applied to the budget for the non-contingency taskstasks without an amendment to the Contract. Enter the agreed to unit and extended amounts The total amount for all contingency tasks authorized shall not exceed the maximum identified in the table below. Each authorized contingency task must be billed as a separate line item on Consultant’s invoice. Contingency Task Summary tableDescription NTE for Each Max Quantity Method of Comp.  The BOC must be submitted without profit included {profit will be negotiated following agreement on the SOW, labor costs and expenses}.  Cost estimates must be developed using approved labor rates and allowable expenses as described in this Exhibit B.  No ▇▇▇▇-up is permitted on subcontractors or direct non-labor costs. Consultant shall use standardized form (Excel spreadsheet format as provided by Agency) to prepare BOC. The BOC dated is not physically attached but incorporated into this Exhibit B by this reference with the same force and effect as though fully set forth herein. A copy of the final BOC has been provided to Consultant prior to Contract execution. Prior to approval of additional subconsultants, Consultant shall provide to Agency any requested documentation of qualifications and experience of the prospective subconsultant and its staff. Contractor shall obtain at Contractor’s expense the insurance specified in Exhibit C prior to performing under the Contract and shall maintain it in force and at its own expense throughout the duration of the Contract, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Coverage shall be primary and non-contributory with any other insurance and self- insurance with exception of Professional liability and Workers’ compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.Total NTE Amount