Common use of MAXIMUM AGREEMENT AMOUNTS Clause in Contracts

MAXIMUM AGREEMENT AMOUNTS. The following are the maximum payment amounts established inunder this Agreement for each category of cost. Consultant shall not exceedbe paid for any cost that exceeds these amounts without prior written approval from State. The “indirect costs and direct expenses” category may be adjusted to exceed the amount listed below,; however, any adjustment will not increase the total agreement amount. AMOUNT CATEGORY $ XXXXX for actual direct labor costs $ XXXXX for indirect costs and direct expenses $ XXXXX for a fixed fee for profit $ XXXXX total agreement amount Over-run: Consultant shall require all of its subconsultants to notify Consultant any time it has been determined that a subconsultant’s costs will exceed its fee estimate (over-run). Consultant must provide an acceptable justification for the over-run and obtain State’s prior written approval before exceeding the subconsultant’s fee estimate. incurring any cost over- run expenses. If approved by State, a supplemental agreement will be prepared to either shift funds from Consultant to its subconsultant(s) or increase the contract maximum. Under-run: If the amount of any subconsultant’s cost is less than its fee estimate (under- run), Consultant understands that the amount of the under-run will be subtracted from the total compensation to be paid to Consultant under this Agreement, unless State gives prior written approval and, if necessary, approval from Federal Highway Administration (FHWA). If Consultant wishes to shift the balance of subconsultant’s fee to Consultant, justification must be provided to State. Shifting of funds may be approved by State with no increase to the fixed fee for profit unless additional scope of services is required by Consultant, and additional fee is necessary to complete the work under this Agreement.

MAXIMUM AGREEMENT AMOUNTS. The following are the maximum payment amounts established inunder this Agreement for each category of cost. Consultant shall not exceedbe paid for any cost that exceeds these amounts without prior written approval from State. The “indirect costs and direct expenses” category may be adjusted to exceed the amount listed below,; however, any adjustment will not increase the total agreement amount. AMOUNT CATEGORY $ XXXXX for actual direct labor costs $ XXXXX for indirect costs and direct expenses $ XXXXX for a fixed fee for profit $ XXXXX total agreement amount Over-run: Consultant shall require all of its subconsultants to notify Consultant any time it has been determined that a subconsultant’s costs will exceed its fee estimate (over-run). Consultant must provide an acceptable justification for the over-run run, and obtain State’s prior written approval before exceeding the subconsultant’s fee estimate. incurring any cost over- run expenses. If approved by State, a supplemental agreement will be prepared to either shift funds from Consultant to its subconsultant(s) or increase the contract maximum. Under-run: If the amount of any subconsultant’s cost is less than its fee estimate (under- run), Consultant understands that the amount of the under-run will be subtracted from the total compensation to be paid to Consultant under this Agreement, unless State gives prior written approval and, if necessary, approval from Federal Highway Administration (FHWA). If Consultant wishes to shift the balance of subconsultant’s fee to Consultant, justification must be provided to State. Shifting of funds may be approved by State with no increase to the fixed fee for profit unless additional scope of services is required by Consultant, and additional fee is necessary to complete the work under this Agreement.

MAXIMUM AGREEMENT AMOUNTS. The following are the maximum payment amounts established inunder under this Agreement for each category of cost. Consultant shall not exceedbe be paid for any cost that exceeds these amounts without prior written approval from StateLPA, or State on LPA’s behalf. The “indirect costs and direct expenses” category may be adjusted to exceed the amount listed below,; however, any adjustment will not increase the total agreement amount. AMOUNT CATEGORY $ XXXXX 3,860.34 for actual direct labor costs $ XXXXX 7,065.10 for indirect costs and direct expenses $ XXXXX for a fixed fee for profit $ XXXXX 12,178.11 total agreement amount Over-run: Consultant shall require all of its subconsultants to notify Consultant any time it has been determined that a subconsultant’s costs will exceed its fee estimate (over-run). Consultant must provide an acceptable justification for the over-run and obtain StateLPA, or State on LPA’s behalf, prior written approval before exceeding the subconsultant’s fee estimate. incurring any cost over- over-run expenses. If approved by StateLPA, or State on LPA’s behalf, a supplemental agreement will be prepared to either shift funds from Consultant to its subconsultant(s) or increase the contract maximum. Contract increases will be considered when additional scope of services are required. Under-run: If the amount of any subconsultant’s cost is less than its fee estimate (under- under-run), Consultant understands that the amount of the under-run will be subtracted from the total compensation to be paid to Consultant under this Agreement, unless LPA, or State on LPA’s behalf, gives prior written approval and, if necessary, approval from Federal Highway Administration (FHWA). If Consultant wishes to shift the balance of subconsultant’s fee to Consultant, justification must be provided to LPA and State. Shifting of funds may be approved by LPA, or State on LPA’s behalf, with no increase to the fixed fee for profit unless additional scope of services is required by Consultant, and additional fee is necessary to complete the work under this Agreement.