Payments to the Consultant Clause Samples

Payments to the Consultant. PAYMENTS GENERALLY FOR COMPREHENSIVE BASIC SERVICES BILLING – HOURLY RATE PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES

Payments to the Consultant. (a) Payments of undisputed amounts are due and payable within sixty (60) days after the City’s receipt of an invoice from the Consultant. Undisputed amounts unpaid after sixty (60) days from the City’s receipt of such invoice shall bear interest at the rate of three percent (3%) per annum. (b) By the 15th of each month, the Consultant shall submit a detailed invoice to City by electronic mail, which identifies the specific tasks of the Services performed by the Consultant and/or its Subconsultants in the preceding month. Each invoice shall clearly set forth in single line items: a detailed description of each action performed by each person (with their corresponding billing rate) and the time required to perform such action to the nearest tenth of an hour. The invoice shall also generally describe the relative percentage of completion for each Task (as identified in Exhibit A), the total cumulative amount invoiced for each Task, the total remaining compensation for completing each Task, any supporting documentation and the overall percentage of the Project’s Services completed as of the date of such invoice. Progress reports shall accompany each invoice in MS Word format. (c) If the City determines that the Consultant’s invoice lacks sufficient detail or inappropriately block bills, the City will notify the Consultant promptly. Consultant shall revise the invoice in accordance with the requirements of this Agreement and resubmit to the City. (d) No payments made under this Agreement shall be evidence of the proper performance of this Agreement, either in whole or in part, and no payment, including the final payment, shall be construed to be an acceptance of defective or improper services or relieve the Consultant of its responsibility to perform its services in a professional manner and in accordance with the terms of this Agreement. (e) In the event of any dispute between the City and the Consultant as to the percentage or quality of work completed or the absence of supporting documentation, the City shall not be obligated to pay the amount in dispute until a final resolution of the dispute. Unless the parties expressly agree otherwise in writing, in the event a dispute arises under this Agreement in connection with payments to be made on any invoice, or otherwise, the Consultant, shall continue to perform its duties and responsibilities under this Agreement, including, without limitation, the Services, during the pendency of such dispute.

Payments to the Consultant. 3.1 The City will pay the Consultant for the professional services performed under SECTION 1, in an amount not to exceed $141,700.00 3.2 Invoices for payment shall be submitted by Consultant to the City, together with reasonable supporting documentation. The City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment to Consultant shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. 3.3 Payment to the Consultant for expenses associated with direct costs or reimbursable expenses, as dictated by the Agreement and/or Scope of Services, shall be made upon presentation of receipts for costs or expenses.

Payments to the Consultant. 6.1 Payments on Account of Basic Services 6.2 Payments on Account of Additional Services 6.3 Payments Withheld

Payments to the Consultant. 16.1. The Client shall effect payments to the Consultant in accordance with the payment schedules and in the manner set forth in Appendix (E). 16.2. Amounts due to the Consultant shall be paid promptly. If the Client fails to pay the Consultant within* ( ) days of the date of receipt of an invoice in respect of an amount which has fallen due, the Client [shall pay interest to the Consultant from the date of expiry of this period until the date of actual payment at the rate specified in Appendix (E)/ reimburse the Consultant in respect of such reasonable costs or bank charges as may be actually incurred by the Consultant as a result of the delay in payment after the expiry of the said period]**. 16.3. If any item or part of an item of an invoice submitted by the Consultant is disputed or questioned by the Client, he shall so inform the Consultant within 30 days of receiving the invoice stating the reasons for disputing or questioning such item or items of the invoice. Payment by the Client of the undisputed item or items of the invoice shall not be withheld on grounds that any other item is disputed or subject to question and the provisions of Sub- Clause 16.2 hereof shall apply to the undisputed part of the invoice and also to any disputed or questioned item or items of the invoice to the extent of the amount thereof subsequently agreed or determined as due to the Consultant. * A period of (60) days is recommended. ** Delete as appropriate. 16.4. All payments made by the Client in foreign currency as required by Appendix

Payments to the Consultant. 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Order shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Consultant’s invoice. 9.5.1.2 Colerain Township shall not withhold amounts from the Consultant’s compensation to impose a penalty or liquidated damages on the Consultant, or to offset sums requested by or paid to consultants for the cost of changes in the Work unless the Consultant agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, Colerain Township shall not withhold payments to the Consultant pertaining to a Service Order to offset amounts in dispute under a separate Service Order. 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to Colerain Township at mutually convenient times.

Payments to the Consultant. 5.1 The amount for the performance of basic services required under this Contract, and costs identified as direct and reimbursable expenses, will be in a not-to-exceed amount of Seven Hundred Sixty Seven Thousand Five Hundred Seventeen and No One Hundredth Dollars ($767,517.00), which includes all fees for subconsultants. 5.2 Not Used. 5.3 Not Used. 5.4 Invoiced amounts will be based on the Consultant’s and team member’s most recent audited overhead rate or agreed upon overhead rate, personnel direct labor rates, negotiated profit and actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. 5.4.1 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 5.4.2 All subconsultant agreements must be submitted at time of billing. Subconsultant agreements must include a provision providing the Owner the same rights to audit at the subconsultant level in all of its subconsultant agreements executed to effect project completion. 5.4.3 An employee basic services spreadsheet based on the Fee and Scope Proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted before the consultant service invoice submittal. If there are changes such as new employees, new classification or new raw rate, then a labor change indicator must be completed on an updated basic services spreadsheet. Any changes to an employee basic services spreadsheet must have prior approval by the Owner. All basic service ▇▇▇▇▇▇▇▇ must be accompanied by a rate & hour verification sheet submitted within the submittal as well as in Microsoft Excel format. 5.4.4 Basic services invoices that are submitted with a consultant service invoice that are older than 90 days before the submission date will not be reimbursed. Basic services performed before the work order effective date will not be reimbursed. 5.4.5 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.6 Overtime on any basic services must be pre-approved by the Owner. 5.4.7 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.8 Rebalancing between tasks or fees must be requested with the first overage billing, along with an explanation for the overage and confirmation that the total Contract amount will not be exceeded. Proposed supporting s...

Payments to the Consultant. 9.1 The Basic Rate herein provided shall cover the compensation for all Basic Services to be rendered hereunder and expenses of whatsoever nature, except reimbursable expenses in accordance with this agreement, incurred by the Consultant or their representatives or Subconsultants while in the discharge of any duties connected with the project, or where specific provision is otherwise made in this Agreement. 9.2 Payments will be paid in proportion to the services performed. Payments toward the Basic Rate will be made monthly and at the completion of each phase. The payments will not exceed the percentages of the Basic Rate for the completion of each phase as set forth below, or as described in Exhibit A: Schematic Design Phase 15% Design Development 20% Construction Documents 40% Bidding Phase 5% Construction Phase 15% Record Drawings 5% Total 100% 9.2.1 The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager Project delivery method, the Consultant may be providing its services in multiple Phases simultaneously. Therefore, the Consultant shall be permitted to invoice monthly in proportion to services performed in each Phase of Services as appropriate. 9.3 At the Owners request, the Consultant shall classify the personnel engaged on the project in the Consultant's Rates Schedule for Billing and such schedule will be attached to this agreement. 9.4 Payments for approved reimbursable expenses or other approved extra compensation over and above the applied Basic Rate will be made promptly upon presentation, to the Owner, of the Consultant's statement of services rendered and supporting documentation. 9.5 If the project is abandoned in whole or in part, the Consultant will be paid for services performed before receipt of written notice from the Owner of such abandonment. Payments will not, however, be made for any phase of the work which has not been authorized in writing by the Owner. 9.6 Should work which has been abandoned in whole or in part be ultimately resumed, the Owner shall be allowed full credit for any amounts previously paid if the project is substantially the same and a reasonable credit for any studies previously made which would facilitate the performance of services in a major re-design of the project. 9.7 If the Design Development Phase, Construction Document Phase, Bidding Phase or Construction Phase, respectively, has not commenced within six (6) months after the Consultant submi...

Payments to the Consultant. (1) Interim payments to the Consultant shall be made upon the completion and acceptance by the Employer of the items of Services provided as set out in the Appendix. The Consultant shall submit the request for payment (hereinafter called “Payment Claim”) in accordance with the Employer’s Requirements. (2) Within 14 days of receiving a Payment Claim referred to in Clause 6(1), the Employer shall provide a payment response. The amount due shall be paid by the Employer to the Consultant: a. Where the Consultant is a taxable person under the Goods and Services Tax Act, within 21 days or such other time period as may be stipulated in the Appendix after the date the tax invoice is submitted to the Employer. The Consultant shall submit to the Employer a tax invoice under the Goods and Services Tax Act within 7 days of the date of the payment response; or b. In any other case, within 21 days or such other time period as may be stipulated in the Appendix after the expiry of the period within which the payment response is required to be provided under the Building and Construction Industry Security of Payment Act. The Consultant shall submit to the Employer an invoice within 7 days of the date of payment response. Where a time period is stipulated in the Appendix, that time period shall prevail. (3) If any item or part of an item of the Payment Claim rendered by the Consultant is disputed or subject to question by the Employer, the payment by the Employer of that part of the Payment Claim which is not contested shall not be withheld on those grounds. (4) If in the opinion of the Employer, the Consultant is in breach of any of the provisions of the Agreement, the Employer shall be entitled to withhold any payment or part thereof as may be due or become payable to the Consultant without prejudice to any right of action that may have accrued to the Employer and to the continuance of the Agreement unless otherwise terminated by the Employer. (5) The Consultant shall if required by the Employer provide additional supporting documents and records to substantiate the payments to be made to the Consultant. The Consultant shall attend or respond to all such queries promptly and at no additional cost to the Employer. (6) In the event that the Employer decides to terminate the Agreement in accordance with Clauses 9(1) or 9(2) of the Agreement, the Consultant shall be entitled to receive the professional fees due for the stages that he has completed up to the effective date of ...