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4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the <br /> CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of <br /> this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount <br /> Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not <br /> include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum <br /> amount payable is guaranteed under this AGREEMENT. <br /> 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs <br /> authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for <br /> hours expended at the rates established in Exhibit"E", including names and classifications of all <br /> employees,and billings for all direct non-salary expenses. To provide a means of verifying the <br /> billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee <br /> interviews.These interviews may consist of recording the names,titles, salary rates,and present <br /> duties of those employees performing work on the PROJECT at the time of the interview. <br /> 6. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned <br /> will be made promptly upon its verification by the AGENCY after the completion of the work <br /> under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, <br /> electronic data and other related documents which are required to be furnished under this <br /> AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a <br /> release of all claims for payment,which the CONSULTANT may have against the AGENCY <br /> unless such claims are specifically reserved in writing and transmitted to the AGENCY by the <br /> CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any <br /> claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY <br /> may pursue with respect to such claims. <br /> The payment of any billing will not constitute agreement as to the appropriateness of any item <br /> and at the time of final audit,all required adjustments will be made and reflected in a final <br /> payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the <br /> CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice <br /> of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any <br /> claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT <br /> has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the <br /> AGENCY for audit fmdings. <br /> 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for <br /> inspection by representatives of the AGENCY, STATE and the United States,for a period of three <br /> (3)years after receipt of final payment,the cost records and accounts pertaining to this <br /> AGREEMENT and all items related to or bearing upon these records with the following <br /> exception: if any litigation,claim or audit arising out of,in connection with,or related to this <br /> contract is initiated before the expiration of the three(3)year period,the cost records and accounts <br /> shall be retained until such litigation,claim,or audit involving the records is completed. <br />