Common use of Compensation for Basic Services Clause in Contracts

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Builder’s, design professionals’ and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Builder’s, design professionals’ and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84PD84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Builder on account of such licensed design professional’s and subcontractor’s portion of the Workwork. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Builder’s, design professionals’ and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84PD84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours one business day to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 6.2.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof3, total compensation to the Design- Design-Builder will be based upon work Services completed and supported by monthly progress reports submitted to the Owner. 9.1.2 6.2.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each Designer, subconsultant, subcontractor or supplier out of the amount paid to the Design-BuilderBuilder for Designer’s, for such licensed design professionalsubconsultant’s, subcontractor’s and subcontractoror supplier’s portion of the WorkServices. The amount to which said licensed design professional and Designer, subconsultant, subcontractor or supplier is entitled to should reflect percentages actually retained from payments to the Design- Design-Builder on account of such licensed design professionalDesigner’s, subconsultant’s, subcontractor’s and subcontractoror supplier’s portion of the WorkServices. The Design-Design- Builder will, by appropriate contract with each licensed design professional and each subcontractorDesigner, subconsultant, subcontractor or supplier, require each licensed design professional and each Designer, subconsultant, subcontractor or supplier to make payments to their respective sub-subconsultants and sub-sub- subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 6.2.3 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Design- Builder’s, design professionals’ and subconsultants’ Designer’s, subconsultant’s, or subcontractor’s hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ followingDesigner’s, subconsultant’s, or subcontractor’s: 9.1.4.1 6.2.3.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 6.2.3.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 6.2.3.3 Negotiated profits; and 9.1.4.4 6.2.3.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Design-Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Design-Builder, design professionals Designers, subconsultants, and subconsultantssubcontractors. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 6.2.4 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 6.2.5 A Rate & Hour Verification form Form (PD 84PD84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittalinvoice. If there are changes such as new employees, new classification classification, or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed agreed-upon rate tables must be indicated on the PD 84 PD84 and must be approved in writing prior to invoice or via the invoice process by the Owner. 9.1.8 6.2.6 Basic services invoices that are submitted with a Services performed before the work order effective date will not be reimbursed. 6.2.7 Detailed timesheets from the Design-Builder’s, Designer’s, subconsultant’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets and subcontractor’s timekeeping system are required to be submitted as supporting backup for all basic services Basic Services invoice amounts. Hours billed This must include (1) the date the Services were performed, (2) a description of the Services, (3) the person(s) who performed the Services, (4) the actual time spent on a daily basis documented to the nearest quarter of an hour, (5) the hourly rate, and (6) the actual fee (time spent times hourly rate). Note that the bills are public records and may be clearly identifiedsubject to disclosure via public records request. Vague or overly broad descriptions such as “research,” “preparation,” “review shop drawings,” “calculations,” or “attend meetings” may not be accepted for payment. 9.1.10 6.2.8 Overtime for all basic services Basic Services must be pre-approved by the Owner. 9.1.11 6.2.9 Invoices that include Basic services Services must be organized using standard separators to identify the basic services Basic Services being billed. 9.1.12 billed at the direction of the Owner. 6.2.10 Rebalancing between tasks or fees Basic Services and Reimbursable Expenses 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be supported by submitted and approved invoices. Invoiced amounts will be based upon a percentage of work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Design-Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE W/MBE and non-DBE W/MBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual Design-Builder’s and subconsultant’s most recent audited overhead rates or agreed upon Design-Builder’soverhead rates, design professionals’ personnel direct labor rates, negotiated profits and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84) An employee basic services spreadsheet based on the agreed upon rate tables fee and scope proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with before the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table basic services spreadsheet in Excel format is required to be submitted. Changes to the agreed upon New rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Builder’s, design professionals’ and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours one business day to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 6.2.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof3, total compensation to the Design- Design-Builder will be based upon work Services completed and supported by monthly progress reports submitted to the Owner. 9.1.2 6.2.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each Designer, subconsultant, subcontractor or supplier out of the amount paid to the Design-BuilderBuilder for Designer’s, for such licensed design professionalsubconsultant’s, subcontractor’s and subcontractoror supplier’s portion of the WorkServices. The amount to which said licensed design professional Designer, subconsultant,subcontractor, and subcontractor supplier is entitled should reflect percentages actually retained from payments to the Design- Design-Builder on account of such licensed design professionalDesigner’s, subconsultant’s, subcontractor’s and subcontractoror supplier’s portion of the WorkServices. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractorDesigner, subconsultant, subcontractor or supplier, require each licensed design professional and each Designer, subconsultant, subcontractor or supplier to make payments to their respective sub- subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non-DBE subcontractors. 9.1.4 6.2.3 Invoiced amounts will be based on the lesser of actual or agreed upon Design-Design- Builder’s, design professionals’ and subconsultants’ Designer’s, subconsultant’s, subcontractor’s, or supplier’s hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ Designer’s, subconsultant’s, subcontractor’s, or supplier’s following: 9.1.4.1 6.2.3.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 6.2.3.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 6.2.3.3 Negotiated profits; and 9.1.4.4 6.2.3.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Design-Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Design-Builder, design professionals Designers, subconsultants, subcontractors, and subconsultantssuppliers. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 6.2.4 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 6.2.5 A Rate & Hour Verification form Form (PD 84PD84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the Design-Builder’s invoice submittal. If there are changes changes, such as new employees, new classification classification, or new raw rate, then an updated rate table spreadsheet in Excel format is required to be submitted. Changes to the agreed upon rate tables must be indicated on the PD 84 PD84 and must be approved in writing prior to invoice or via the invoice process by the Owner. 9.1.8 6.2.6 Basic services invoices that are submitted with a Services performed before the work order effective date will not be reimbursed. 6.2.7 Detailed timesheets from the Design-Builder’s, Designer’s, subconsultant’s, subcontractor’s invoice that are older than 90 days before the submission date may be reimbursed in the sole discretion of the Owner. 9.1.9 Timesheets and supplier’s timekeeping system are required to be submitted as supporting backup for all basic services Basic Services invoice amounts. Hours billed This must include (1) the date the Services were performed, (2) a description of the Services, (3) the person(s) who performed the Services, (4) the actual time spent on a daily basis documented to the nearest quarter of an hour, (5) the hourly rate, and (6) the actual fee (time spent times hourly rate). Note that the bills are public records and may be clearly identifiedsubject to disclosure via public records request. Vague or overly broad descriptions such as “research,” “preparation,” “review shop drawings,” “calculations,” or “attend meetings” may not be accepted for payment. 9.1.10 6.2.8 Overtime for all basic services Basic Services must be pre-approved by the Owner. 9.1.11 6.2.9 Invoices that include Basic services Services must be organized using standard separators to identify the basic services Basic Services being billed. 9.1.12 billed at the direction of the Owner. 6.2.10 Rebalancing between tasks or fees Basic Services and Reimbursable Expenses 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be supported by submitted and approved invoices. Invoiced amounts will be based upon a percentage of work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Design-Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE W/MBE and non-DBE W/MBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual Design-Builder’s and subconsultant’s most recent audited overhead rates or agreed upon Design-Builder’soverhead rates, design professionals’ personnel direct labor rates, negotiated profits and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84) An employee basic services spreadsheet based on the agreed upon rate tables fee and scope proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with before the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table basic services spreadsheet in Excel format is required to be submitted. Changes to the agreed upon New rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may will not be reimbursed in the sole discretion of the Ownerreimbursed. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.

Compensation for Basic Services. 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design- Builder will be supported by submitted and approved invoices. Invoiced amounts will be based upon a percentage of work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design-Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design-Builder, for such licensed design professional’s and subcontractor’s portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design- Design-Builder on account of such licensed design professional’s and subcontractor’s portion of the Work. The Design-Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub-subcontractors in a similar manner. 9.1.3 The Design-Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design-Builder receives from the Owner. The Design-Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE W/MBE and non-DBE W/MBE subcontractors. 9.1.4 Invoiced amounts will be based on the lesser of actual Design-Builder’s and subconsultant’s most recent audited overhead rates or agreed upon Design-Builder’soverhead rates, design professionals’ personnel direct labor rates, negotiated profits and subconsultants’ hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design-Builder’s, design professionals’ and subconsultants’ following: 9.1.4.1 Most recent audited overhead rates or agreed upon overhead rates; 9.1.4.2 Employee’s raw labor rates or agreed upon labor rates; 9.1.4.3 Negotiated profits; and 9.1.4.4 Agreed upon hourly billing rates. The Design-Builder, at its sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design- Builder for the lesser of actual, agreed upon or billed hourly billing rates of the Design- Builder, design professionals and subconsultants. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design-Builder’s subconsultant and subcontractor contracts entered into by the Design-Builder it to effect Project completion. 9.1.7 A Rate & Hour Verification form (PD 84) An employee basic services spreadsheet based on the agreed upon rate tables fee and scope proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with before the Design-Builder’s invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated rate table basic services spreadsheet in Excel format is required to be submitted. Changes to the agreed upon New rate tables must be indicated on the PD 84 and must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design-Builder’s invoice that are older than 90 days before the submission date may will not be reimbursed in the sole discretion of the Ownerreimbursed. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Overtime for all basic services must be pre-approved by the Owner. 9.1.11 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.12 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 sheets are to be submitted at the request for rebalancing. 9.1.13 All permit requirements, acceptable deliverables and badges are required to be submitted seven days before submission of a final professional service invoice. 9.1.14 If deficiencies are found, a standard deficiency e-mail will be sent to the Design-Builder to resolve. Design-Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design-Builder’s invoice will be returned. 9.1.15 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract.