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enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may <br />include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated <br />and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported <br />in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not <br />Section IX entitled “Termination of Agreement.” <br />for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any <br />“ Work.” <br />6. 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 this <br />AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and <br />the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in <br />Section XIII, “Work.” No minimum amount payable is guaranteed under this AGREEMENT. <br />B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of <br />Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings <br />listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will <br />be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for <br />CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of <br />recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work <br />on the PROJECT at the time of the interview. <br />C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made <br />contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related <br />the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have <br />the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that <br />the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect <br />to such claims. <br />The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time <br />Agreement Number: <br />Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement <br />Revised