Payment of Engineering Fee by Owner to Engineer Sample Clauses

Payment of Engineering Fee by Owner to Engineer. 1. For services as outlined in Paragraph A through Paragraph C, except as noted below, the OWNER agrees to pay the ENGINEER the Lump Sum Fee of $41,000.00. The Lump Sum Fee will be full compensation for the services noted in Paragraphs A through C, including expenses such as equipment, travel, postage, and printing. 2. The ENGINEER will bill monthly for services rendered based upon the estimated percent of the project completed at the time of billing, as estimated by the ENGINEER. 3. Geotechnical services are not anticipated for this project and are not a part of this agreement. 4. Right-of-way acquisition, easement acquisition, and utility relocation services are not a part of this agreement but may be provided by the ENGINEER when requested by the OWNER as “out-of-scope work”. 5. Environmental documentation is not included in this agreement. 6. Any change in project scope which involves additional field or office work by the ENGINEER shall be considered “out-of-scope work” by this agreement, and compensation for out-of-scope work shall be at the hourly rate noted in Paragraph D-7. Out-of-scope work is defined as any work not identified in Sections A, B or C of this agreement. 7. Out-of-scope work required will be billed based on an hourly payroll cost plus a multiplier of 2.30 for employees specifically engaged on the required work. 8. The fee specified in Paragraph D-1 is based on final acceptance of the detailed plans within two years of the date of this agreement. The fee specified will be adjusted by multiplying the original fee by an inflation factor of 1.05 after the original two-year period has elapsed. From that time, the inflation factor will be compounded annually until final acceptance of the detailed plans by the OWNER or until the termination of this agreement. 9. The fee specified in Paragraph D-1 is based on closing the road during construction. The OWNER will provide and maintain an acceptable local road detour route for this project. Design of traffic control measures to keep the road open during construction would be considered “out-of-scope work”. 10. Construction engineering is not included as part of this agreement, but may be provided by the ENGINEER under a separate agreement. The three-page attachment “Exhibit A: Terms and Conditions” shall be considered an integral part of this agreement. Receipt of a signed agreement serves as the Notice To Proceed for the ENGINEER to begin work on the project.
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  • CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.