Professional Services Agreement - American Structurepoint Inc - Engineering Services for Morris Theater Plaster Work

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5. The total estimated compensation for Engineer's services, included in the breakdown by phases as noted in Paragraph C2.01.A.3, incorporates all labor, overhead, fixed fees, Reimbursable Expenses, and Engineer's Consultant's charges. 6. The portion of the amounts billed for Engineer's services will be based on the applicable Direct Labor Costs for the cumulative hours charged to the Project during the billing period by Engineer's employees plus overhead, Reimbursable Expenses, Engineer's Consultant's charges, and the proportionate portion of the fixed fee. 7. Direct Labor Costs means salaries and wages paid to employees but does not include payroll -related costs or benefits. Overhead includes the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto; the cost of general and administrative overhead which includes salaries and wages of employees engaged in business operations not directly chargeable to projects, plus non -Project operating costs, including but not limited to, business taxes, legal, rent, utilities, office supplies, insurance, and other operating costs. Overhead shall be computed as a percentage of Direct Labor Costs. Fixed fee is the lump sum amount paid to Engineer by Owner as margin or profit and will only be adjusted by an amendment to this agreement. 9. Direct Labor Costs and Overhead applied to Direct Labor Costs will be adjusted annually (as of ) to reflect equitable changes in the compensation payable to Engineer. C2.02 Compensation for Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges, reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of D. The Reimbursable Expenses Schedule will be adjusted annually (as of ) to reflect equitable changes in the compensation payable to Engineer. Page 2 Exhibit C — Compensation Packet BC-5: Basic Services (other than RPR) — Direct Labor Costs Plus Overhead Plus a Fixed Fee Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.