Common use of FEES AND OTHER PAYMENTS Clause in Contracts

FEES AND OTHER PAYMENTS. 5.1 The Special Inspector shall keep clear and accurate records of each inspection and re- inspection performed under a Purchase Order under this Master Agreement with a goal of accounting for the costs of the inspects such that the Owner may make payment for those inspections under the following provisions: 5.1.1 The costs of the initial special inspections and testing will be paid by the Owner under the terms of this Master Agreement. 5.1.2 The costs of re-inspections and/or re-testing, should discrepancies be found, will be paid by the Owner under the terms of this Master Agreement, but is recoverable by the Owner from the Contractor by a credit change order. 5.1.3 The costs of re-scheduling inspections and/or testing, where the Contractor through his lack of reasonable control of scheduling causes the Special Inspector to spend time in preparation for an inspection and/or test that did not occur as scheduled, will be paid by the Owner under the terms of this Master Agreement, but is recoverable by the Owner from the Contractor by a credit change order. 5.2 For services rendered by the Engineer pursuant to this Agreement, Eastern Kentucky University will make payments to the Engineer on the basis of hourly rates, in accordance with the following schedule of rates: Principal of Firm/Professional $125.00 per hr. Project Engineer $100.00 per hr. Project Manager $ 75.00 per hr. Special Inspector – Deep Foundation Systems $ 75.00 per hr. Special Inspector – Elevated Structural Concrete $ 85.00 per hr. Special Inspector – Structural Wood Systems $ 75.00 per hr. Special Inspector – Structural Steel Systems $ 85.00 per hr. Special Inspector – Special Soils $ 75.00 per hr. Special Inspector – Soils (Compaction, bearing) $ 60.00 per hr. Special Inspector – Shallow Concrete Foundations (Slabs, ground or deck) $ 60.00 per hr. Special Inspector – Masonry $ 60.00 per hr. Special Inspector – Fire Resistive (penetrations and joints) $ 85.00 per hr. Special Inspector – Fire Resistive (coatings) $ 75.00 per hr. Special Inspector – Lab Testing Technician $ 50.00 per hr. Special Inspector – Field Testing Technician $ 33.00 per hr. Word Processing/Clerical $ 40.00 per hr. Cylinders (including reserves) $ 15.00 each **includes processing, storage, curing, and compressive strength testing Mortar Cubes $ 15.00 each **includes processing, storage, curing, and compressive strength testing Masonry Block Prisms (including reserves) $ 60.00 each Standard ▇▇▇▇▇▇▇ (ASTM D698) $ 150.00 each Atterberg Limits (LL, PL & PI) 5.2.1 The rates for professional services indicated above shall be in effect for the full term of the Agreement and there shall be no adjustment in the contract unit fees. There shall be no additional charge for overhead, profit or overtime. 5.2.2 The Special Inspector is required to use employees appropriate for the task. If employee with higher qualifications than required is used, the rate of pay shall be that appropriate for the task rather than the rates the employee might be entitled to for work requiring their additional qualifications. 5.2.3 The Special Inspector is required to utilize the appropriate staffing necessary to complete the task. As in the case of meetings or project site visits, the Special Inspector shall not provide staffing that is redundant and unnecessary. 5.2.4 The Special Inspector shall not provide services in excess of the authorized not-to-exceed fee indicated in the Purchase Order without prior written notification to the Owner that required services are in excess of the not-to-exceed fee. In this notification, the Special Inspector shall describe the reason(s) that the originally authorized not-to-exceed fee has become inadequate, the necessity of the additionally required services, and a request for an increase in the not-to- exceed fee. The Special Inspector shall not provide services in excess of the authorized not-to- exceed fee without a modification to the Purchase Order for the assigned Project. 5.2.5 The Special Inspector shall keep an accurate record of time on each assigned Project, and such records shall be accessible to the Owner for examination. 5.3 As reimbursable expenses incurred by the Special Inspector pursuant to this Agreement, 5.3.1 There shall be no additional charges for overhead, profit or administration for reimbursable expenses. 5.3.2 Relative to portal to portal pay travel expenses, the following shall apply: Payment may be requested for actual time spent travelling on behalf of Eastern Kentucky University at the contract unit hourly rates and no mileage expenses shall be claimed. 5.3.3 Reimbursable Expenses include specific expenses incurred by the Special Inspector directly related to the Project, and are as follows: 1) Transportation and authorized out-of-state travel and subsistence, where the Owner requires the Special Inspector to make such travel directly related to the project other than that described in paragraph 5.3.4 as non-reimbursable expenses. These expenses are reimbursable as equal to the amount of the expense and shall comply with State Travel Regulations. 2) Other similar Project-related expenses, where authorized by the Owner prior to the expense being incurred. 5.3.4 Non-Reimbursable Expenses include the following: 1) Transportation, travel and subsistence, incurred for travel to and from the Project Site, the Offices of the Owner or Using Agency, the Offices of the Special Inspector, and/or the Offices of other Consultants of the Owner, except as agreed specially in the Purchase Order for an assigned project; 2) Telephone services, dedicated data and communications services, teleconferences, project websites, and extranets; 3) Printing, reproductions, plots, standard form documents, and reports, except as provided for specifically in the Purchase Order for an assigned project; 4) Postage, handling and delivery, except as for specifically in the Purchase Order for an assigned project; 5) Expense for overtime work requiring higher than regular rates, unless authorized in advance by the Owner. 6) Other similar Project-related expenses, where not authorized by the Owner prior to the expense being incurred. 5.3.4 The Special Inspector shall keep an accurate record of reimbursable expenses on each assigned Project, and such records shall be accessible to the Owner for examination.

FEES AND OTHER PAYMENTS. 5.1 The Special Inspector shall keep clear and accurate records of each inspection and re- inspection performed under a Purchase Order under this Master Agreement with a goal of accounting for the costs of the inspects such that the Owner may make payment for those inspections under the following provisions: 5.1.1 The costs of the initial special inspections and testing will be paid by the Owner under the terms of this Master Agreement. 5.1.2 The costs of re-inspections and/or re-testing, should discrepancies be found, will be paid by the Owner under the terms of this Master Agreement, but is recoverable by the Owner from the Contractor by a credit change order. 5.1.3 The costs of re-scheduling inspections and/or testing, where the Contractor through his lack of reasonable control of scheduling causes the Special Inspector to spend time in preparation for an inspection and/or test that did not occur as scheduled, will be paid by the Owner under the terms of this Master Agreement, but is recoverable by the Owner from the Contractor by a credit change order. 5.2 For services rendered by the Engineer pursuant to this Agreement, Eastern Kentucky University will make payments to the Engineer on the basis of hourly rates, in accordance with the following schedule of rates: Principal of Firm/Professional $125.00 200.00 per hr. Project Engineer $100.00 160.00 per hr. Project Manager $ 75.00 $120.00 per hr. Special Inspector – Deep Foundation Systems $ 75.00 $100.00 per hr. Special Inspector – Elevated Structural Concrete $ 85.00 $105.00 per hr. Special Inspector – Structural Wood Systems $ 75.00 $110.00 per hr. Special Inspector – Structural Steel Systems $ 85.00 $115.00 per hr. Special Inspector – Special Soils $ 75.00 $90.00 per hr. Special Inspector – Soils (Compaction, bearing) $ 60.00 $85.00 per hr. Special Inspector – Shallow Concrete Foundations $90.00 per hr (Slabs, ground or deck) $ 60.00 per hr. Special Inspector – Masonry $ 60.00 $90.00 per hr. Special Inspector – Fire Resistive (penetrations and joints) $ 85.00 per hr. Special Inspector – Fire Resistive (coatings) $ 75.00 85.00 per hr. Special Inspector – Lab Testing Technician $ 50.00 70.00 per hr. Special Inspector – Field Testing Technician $ 33.00 52.00 per hr. Word Processing/Clerical $ 40.00 65.00 per hr. Cylinders (including reserves) $ 15.00 18.00 each **includes processing, storage, curing, and compressive strength testing Mortar Cubes $ 15.00 18.00 each **includes processing, storage, curing, and compressive strength testing Masonry Block Prisms (including reserves) $ 60.00 each Standard ▇▇▇▇▇▇▇ (ASTM D698) $ 150.00 each Atterberg Limits (LL, PL & PI) 5.2.1 The rates for professional services indicated above shall be in effect for the full term of the Agreement and there shall be no adjustment in the contract unit fees. There shall be no additional charge for overhead, profit or overtime. 5.2.2 The Special Inspector is required to use employees appropriate for the task. If employee with higher qualifications than required is used, the rate of pay shall be that appropriate for the task rather than the rates the employee might be entitled to for work requiring their additional qualifications. 5.2.3 The Special Inspector is required to utilize the appropriate staffing necessary to complete the task. As in the case of meetings or project site visits, the Special Inspector shall not provide staffing that is redundant and unnecessary. 5.2.4 The Special Inspector shall not provide services in excess of the authorized not-to-exceed fee indicated in the Purchase Order without prior written notification to the Owner that required services are in excess of the not-to-exceed fee. In this notification, the Special Inspector shall describe the reason(s) that the originally authorized not-to-exceed fee has become inadequate, the necessity of the additionally required services, and a request for an increase in the not-to- exceed fee. The Special Inspector shall not provide services in excess of the authorized not-to- exceed fee without a modification to the Purchase Order for the assigned Project. 5.2.5 The Special Inspector shall keep an accurate record of time on each assigned Project, and such records shall be accessible to the Owner for examination. 5.3 As reimbursable expenses incurred by the Special Inspector pursuant to this Agreement, 5.3.1 There shall be no additional charges for overhead, profit or administration for reimbursable expenses. 5.3.2 Relative to portal to portal pay travel expenses, the following shall apply: Payment may be requested for actual time spent travelling on behalf of Eastern Kentucky University at the contract unit hourly rates and no mileage expenses shall be claimed. 5.3.3 Reimbursable Expenses include specific expenses incurred by the Special Inspector directly related to the Project, and are as follows: 1) Transportation and authorized out-of-state travel and subsistence, where the Owner requires the Special Inspector to make such travel directly related to the project other than that described in paragraph 5.3.4 as non-reimbursable expenses. These expenses are reimbursable as equal to the amount of the expense and shall comply with State Travel Regulations. 2) Other similar Project-related expenses, where authorized by the Owner prior to the expense being incurred. 5.3.4 Non-Reimbursable Expenses include the following: 1) Transportation, travel and subsistence, incurred for travel to and from the Project Site, the Offices of the Owner or Using Agency, the Offices of the Special Inspector, and/or the Offices of other Consultants of the Owner, except as agreed specially in the Purchase Order for an assigned project; 2) Telephone services, dedicated data and communications services, teleconferences, project websites, and extranets; 3) Printing, reproductions, plots, standard form documents, and reports, except as provided for specifically in the Purchase Order for an assigned project; 4) Postage, handling and delivery, except as for specifically in the Purchase Order for an assigned project; 5) Expense for overtime work requiring higher than regular rates, unless authorized in advance by the Owner. 6) Other similar Project-related expenses, where not authorized by the Owner prior to the expense being incurred. 5.3.4 The Special Inspector shall keep an accurate record of reimbursable expenses on each assigned Project, and such records shall be accessible to the Owner for examination.