Compensation to Engineer Clause Samples
The 'Compensation to Engineer' clause defines the terms and conditions under which the engineer will be paid for their services on a project. It typically outlines the payment structure, such as lump sum, hourly rates, or milestone-based payments, and may specify reimbursable expenses or additional fees for extra work. This clause ensures that both parties have a clear understanding of the engineer's remuneration, helping to prevent disputes over payment and clarifying financial expectations throughout the project.
Compensation to Engineer. A. City agrees to pay to Engineer for all services outlined in Section III, a base design fee in an amount not to exceed $_20,500 . The following services are not included in this base fee:
1. Services required by Section III.A., Additional Services, for which cost is set out in III.A.
2. Work necessary to perform the design field survey as described in III.B., Field Survey Work, for which cost is set out in II.B.
3. Work necessary for the preparation of right-of-way and/or easement acquisition data as described by Section III.F., Right-of-Way Determination, for which cost is set out in II.C.
4. Work necessary to design the water and sanitary sewer improvements as described by Section III.G., for which cost is set out in II.E.
B. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by City in an amount not to exceed $ 5,000 .
C. All costs associated with right-of-way acquisition data, as outlined in III.F., shall be paid to Engineer by City on an hourly fee basis as shown in Attachment "A" in an amount not to exceed $ 2,000 unless mutually agreed to in writing by the parties hereto. Attachment "A" is hereby incorporated within this contract as if written word for word. In no case shall more than seventy-five percent (75%) of this amount be paid until all right-of-way acquisition data is accepted by City.
D. Direct expenses shall include subcontract charges for surveying, contract labor, computer time, printing, reproduction expense, communication expense, travel, transportation, and subsistence out of Tarrant and Dallas Counties directly related to the work. Direct costs shall not exceed the rates indicated in Attachment "B." Attachment "B" is hereby incorporated within this contract as if written word for word and shall contain the result of the rates for direct costs multiplied by the factor of 1.1. Evidence of cost incurred for direct expenses shall be submitted with each billing.
E. All costs associated with design of the water and sanitary sewer improvements, as outlined in III.G., shall be paid to Engineer by City on an hourly fee basis as shown on Attachment "A" in an amount not to exceed $ 5,000 .
F. Written request for payment for services rendered by Engineer may be made on a monthly basis. City will pay to the Engineer as follows:
1. An amount not to exceed the amount set out in II.B until satisfactory completion of the design survey as set forth herein.
2. An amount not to exceed thirty pe...
Compensation to Engineer. 8.1 For the services described in this Agreement or in "Attachment A", OWNER agrees to pay ENGINEER as per the provisions of "Attachment G", unless modified by an amendment to this Agreement.
8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER.
8.3 Payment requests by ENGINEER shall be submitted once monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER.
8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest.
8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, or claims filed against ENGINEER or OWNER relating to ENGINEER's services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them.
8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fa...
Compensation to Engineer. 8.1 For the services described in this Agreement or in “Attachment A”, OWNER agrees to pay ENGINEER as per the provisions of “Attachment E”, unless modified by an amendment to this Agreement.
8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanies by such supporting data as may be required by OWNER.
8.3 Payment request by ENGINEER shall be submitted no more often than bi-monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER.
8.4 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER’S services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them.
Compensation to Engineer. A. City agrees to pay to Engineer for base design resulting in plans for construction (as detailed in Scope of Services/Attachment “A”) in accordance with the requirements outlined in Section III, on an hourly fee basis as shown on Attachment "B", attached hereto and incorporated herein by reference as if written word for word. Tasks within the base sidewalk design fee shall be in an amount not to exceed $337,760.00. Cost estimates for Services provided by the Engineer are included in Attachment “D” which is attached and incorporated by reference herein as if written word for word.
B. City agrees to pay to Engineer on an hourly fee basis for the following Additional Services:
1. Engineer shall prepare plans and/or paperwork necessary to obtain any permits re- quired by franchised utilities, pipeline companies, railroad companies, TxDOT, or any other entity requiring permits relative to construction of Project (total fee for this service not to exceed $33,000.00).
2. Engineer shall provide construction service at the request of the City. Such service may include, but not limited to field visits, change orders, plan revisions, etc. Engineer shall bill the City based on actual hours performed and associated direct cost (total fee for this service not to exceed $44,725.00).
C. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by City in an amount not to exceed $83,430.00.
D. All costs associated with right-of-way acquisition data, as outlined in III.F., shall be paid to Engineer by City on an hourly fee basis as shown in Attachment "B" in an amount not to exceed $10,500.00 unless mutually agreed to in writing by the parties hereto. In no case shall more than seventy-five percent (75%) of this amount be paid until all right-of-way acquisition data is accepted by City.
E. Direct expenses shall include subcontract charges for printing, reproduction, and travel out of Tarrant and Dallas Counties directly related to the work. Direct costs shall not exceed the rates indicated in Attachment "C", which is attached hereto and incorporated herein by reference as if written word for word, for a total amount not to exceed $5,390.00. Evidence of cost incurred for direct expenses shall be submitted with each billing.
F. Written request for payment for services rendered by Engineer may be made on a monthly basis. City will pay to the Engineer as follows:
1. An amount not to exceed the amount set out in Section II.C u...
Compensation to Engineer. This agreement is renewable on an annual basis, from the date of notice to proceed, for four (4) consecutive one-year terms, not to exceed a total term of five (5) years. Both the OWNER and the ENGINEER must agree to each annual renewal. Such agreement to each annual renewal will be in the form of a letter signed by authorized representatives of the OWNER and the ENGINEER. For this contract, maximum expenditures will not exceed $6,000,000 per year and will not exceed $2,500,000 per work order. If the Contract is extended, the ENGINEER must also provide proof that it has the insurance coverage required in Section XI of the contract. The ENGINEER shall prepare and submit monthly invoices for work in progress. If the invoice is approved, OWNER shall make payment within 30 days.
Compensation to Engineer. A. City agrees to pay to Engineer for base design resulting in plans for construction (as detailed in Scope of Services/Attachment “A”) in accordance with the requirements outlined in Section III, on an hourly fee basis as shown on Attachment "B", attached hereto and incorporated herein by reference as if written word for word. Tasks within the base design fee shall include:
1. Stormwater Design (charged at an hourly rate) in an amount not to exceed
B. City agrees to pay to Engineer on an hourly fee basis for the following Additional Services:
1. Engineer shall coordinate this Project with the U.S. Army Corps of Engineers and shall obtain the necessary Section 404 Permit required for construction of the Project (total fee for this service not to exceed $7,800.00).
2. Engineer will establish the scope of and arrange for the soil and foundation investigations (total fee for this service not to exceed $8,450.00).
3. In addition to the required services outlined in III.B., Engineer will perform Subsurface Utility Engineering (▇▇▇) in accordance with CI/ASCE Standard 38- 02 “Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data”, Quality Level A for area(s) defined by the City (total fee for this service not to exceed $28,005.00).
4. Engineer shall provide construction service at the request of the City. Such service may include, but not limited to field visits, change orders, plan revisions, etc. Engineer shall ▇▇▇▇ the City based on actual hours performed and associated direct cost (total fee for this service not to exceed $10,000.00).
C. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by City in an amount not to exceed $78,135.00.
D. All costs associated with right-of-way acquisition data, as outlined in III.F., shall be paid to Engineer by City on an hourly fee basis as shown in Attachment "B" in an amount not to exceed $30,000.00 unless mutually agreed to in writing by the parties hereto. In no case shall more than seventy-five percent (75%) of this amount be paid until all right-of-way acquisition data is accepted by City.
E. Direct expenses shall include subcontract charges for printing, reproduction, and travel out of Tarrant and Dallas Counties directly related to the work. Direct costs shall not exceed the rates indicated in Attachment "B", which is attached hereto, for a total amount not to exceed $11,780.00. Evidence of cost incurred for direct expenses s...
Compensation to Engineer. Amount of Payment
Compensation to Engineer. A. City agrees to pay to Engineer for base design resulting in plans for construction (as detailed in Scope of Services/Exhibit “A”) in accordance with the requirements outlined in Section III, on an hourly fee basis as shown on Exhibit "B". Tasks within the base design fee shall be in an amount not to exceed $245,482.00.
B. City agrees to pay to Engineer on an hourly fee basis for the following Additional Services:
1. Engineer shall perform a wetland determination and delineation of the subject ponds, coordinate this Project with the U.S. Army Corps of Engineers and shall obtain the necessary Section 404 Permit required for construction of the Project (total fee for this service not to exceed $9,637.00).
C. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by City in an amount not to exceed $21,299.00.
D. No right-of-way/easement parcels is anticipated at this time. However, if the City determines the need for right-of-way/easement parcels, all costs associated with right-of- way acquisition data, as outlined in III.F., shall be paid to Engineer by City on an hourly fee basis as shown in Exhibit "B" unless mutually agreed to in writing by the parties hereto. In no case shall more than seventy-five percent (75%) of this amount be paid until all right-of-way acquisition data is accepted by City.
E. Direct expenses shall include subcontract charges for printing, reproduction, and travel out of Tarrant and Dallas Counties directly related to the work. Direct costs shall be in an amount not to exceed $11,144.00 and shall contain the result of the rates for direct costs multiplied by the factor of 1.1. Evidence of cost incurred for direct expenses shall be submitted with each billing.
F. Written request for payment for services rendered by Engineer may be made on a monthly basis. City will pay to the Engineer as follows:
1. An amount not to exceed the amount set out in Section II.C until satisfactory completion of the design survey as set forth herein.
2. No interest shall accrue for late payments.
3. CITY shall not be required to pay any amount in excess of the original amount unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. If at any time it becomes evident that the cost estimates provided to CITY will not be sufficient to complete the authorized work, Engineer will immediately notify CITY in writing of said fact.
Compensation to Engineer. Article 2 of the Agreement is supplemented to include the following agreement of the parties:
Compensation to Engineer. A. City agrees to pay to Engineer for base design resulting in plans for construction (as detailed in Scope of Services/Attachment “A”) in accordance with the requirements outlined in Section III, on an hourly fee basis and fee schedule as shown on Attachment “B” and Attachment "C", attached hereto and incorporated herein by reference as if written word for word. Tasks within the base design fee shall include:
1. Sidewalk and Curb Ramp Design (charged at an hourly rate) in an amount not to exceed $45,565.00)
B. City agrees to pay to Engineer on an hourly fee basis for the following Additional Services:
1. Engineer shall provide services for the coordination with Union Pacific Railroad (UPRR) including designing plans, specifications, and estimates for the existing railroad gates, markings and signage in accordance with UPRR regulations for the proposed improvements within the limits of the project intersections. (total fee for this service not to exceed $28,830.00).
2. Engineer shall provide construction service at the request of the City. Such service may include, but not limited to field visits, change orders, plan revisions, etc. Engineer shall bill the City based on actual hours performed and associated direct cost (total fee for this service not to exceed $3,600.00).
C. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by City in an amount not to exceed $18,828.00.
D. Direct expenses shall include subcontract charges for printing, reproduction, and travel out of Tarrant and Dallas Counties directly related to the work. Direct costs shall not exceed the rates indicated in Attachment "C", which is attached hereto and incorporated herein by reference as if written word for word, for a total amount not to exceed $1,570.00. Evidence of cost incurred for direct expenses shall be submitted with each billing.
E. Written request for payment for services rendered by Engineer may be made on a monthly basis. City will pay to the Engineer as follows:
1. An amount not to exceed the amount set out in Section II.C until satisfactory completion of the design survey as set forth herein.
2. No interest shall accrue for late payments.
3. CITY shall not be required to pay any amount in excess of the original amount unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. If at any time it becomes evident that the cost estimates provided ...