Common use of Payment to Engineer Clause in Contracts

Payment to Engineer. 2.1 As consideration for providing the services referred to in Section 1, the OWNER shall pay ENGINEER on the basis to be established in the Task Order for Services. 2.2 The ENGINEER is not responsible for damage or delay in performance caused by events beyond the reasonable control of ENGINEER. In the event ENGINEER's services are suspended, delayed or interrupted for the convenience of the OWNER or delays occur beyond the reasonable control of ENGINEER, an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel and subcontractors shall be made. 2.3 OWNER reserves the right to direct revision of ENGINEER's services as may be necessary. When ENGINEER is directed to make revisions under this section of the Agreement, ENGINEER shall advise OWNER of the probable costs involved in completing engineering services and the time of performance for such completion. Extra services also include those that are required for defense of claims, in which event ENGINEER shall bill OWNER on an hourly basis together with cost of material. 2.4 In the event OWNER and ENGINEER cannot agree on equitable compensation for services rendered in making revisions, then, at OWNER's option, ENGINEER shall either continue performance under the revised Agreement and an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel shall be made at completion of the revised work or ENGINEER shall not be obligated to continue performance under this Agreement. 2.5 If ENGINEER’s work products require revisions prior to construction bidding due to ENGINEER’s errors or omissions, the exclusive remedy will be limited to revisions made by ENGINEER without compensation. 2.6 The ENGINEER shall bill the OWNER monthly indicating the services performed and the cost of such services. OWNER agrees to pay invoices within 45 days of their date. Payments not received by ENGINEER within 45 days shall be considered delinquent and subject to a finance charge of 1 percent per month for each month unpaid after the date of invoice. ENGINEER may suspend services should an invoice remain delinquent for 75 days from date of invoice. 2.7 All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail shall be addressed to the designated responsible person or office: TO OWNER: TO ENGINEER: and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices and invoices shall be deemed given at the time of actual delivery. All payments are to be mailed to: ▇▇▇▇▇▇▇ Engineers, Inc.

Payment to Engineer. 2.1 As consideration for providing the services referred to in Section 1, the OWNER CITY shall pay ENGINEER the following compensation for the Basic Services provided pursuant to Section 1 of this Agreement: (Refer to Exhibit D for Specified Salary Rates and Exhibit D-1 for Detailed Engineering Fees) a. A Lump Sum Fee of $379,925.93 2.2 Additional Services as stated in Exhibit A & B and approved by CITY will be charged on a monthly basis on the following basis: a. ENGINEER’s Hourly Specified Rate Outlined in Exhibit A, not to Exceed $25,700.01 including Reimbursable Expenses b. ENGINEER’s Hourly Specified Rate Outlined in Exhibit B, not to Exceed $35,824.80 including Reimbursable Expenses c. OTHER: Reimbursable Expenses CITY shall not be responsible for payment to ENGINEER for any additional services not included in Exhibit A & B, except upon execution of an amendment to this Agreement in writing by both parties. DRAFT (4-18-19) 2.3 Reimbursable Expenses. ENGINEER shall charge Reimbursable Expenses incurred in connection with all Basic and Additional Services on the basis to be established in the Task Order for Services. 2.2 The ENGINEER is not responsible for damage or delay in performance caused by events beyond the reasonable control of ENGINEER. In the event ENGINEER's services are suspendedactual cost, delayed or interrupted for the convenience of the OWNER or delays occur beyond the reasonable control of ENGINEER, an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel and subcontractors shall be made. 2.3 OWNER reserves the right to direct revision of ENGINEER's services as may be necessary. When ENGINEER is directed to make revisions under this section of the Agreement, ENGINEER shall advise OWNER of the probable costs involved in completing engineering services and the time of performance for such completion. Extra services also include those that are required for defense of claims, in which event ENGINEER shall bill OWNER on an hourly basis together with cost of materialplus 10%. 2.4 In The CITY expressly imposes the event OWNER following maximum limitation on the fee as follows: Basic Consultant Services: $379,925.93 Additional Services (Design Phase): $ 25,700.01 Additional Services (Construction Phase): $ 35,824.80 Total $441,450.74 3.1. CITY shall provide all criteria and full information as to CITY'S requirements for the project; designate a person to act with authority on CITY's behalf in respect of all aspects of the Project; examine and respond promptly to ENGINEER's submissions; and give prompt written notice to ENGINEER cannot agree on equitable compensation whenever CITY observes or otherwise becomes aware of any defect in the work. 3.2. CITY shall advise ENGINEER in writing of all budgetary limitations for services rendered in making revisions, then, at OWNER's option, Total Project Costs and Total Construction Costs. ENGINEER shall either continue performance under submit to CITY at each submittal and as requested by the revised Agreement CITY the ENGINEER’s opinions as to the probability of completing construction within CITY’s budget. ENGINEER shall inform City of applicable adjustments in the budget and an equitable adjustment revisions in ENGINEER's time of performance and cost of ENGINEER's personnel shall be made at completion the extent or quality of the revised work or Project. 3.3 CITY shall, guarantee access to and make all provisions for ENGINEER to enter upon public and private property. ENGINEER shall not be obligated to continue performance under this Agreementinform the CITY in advance before entering into provide property. 2.5 3.4 If ENGINEER’s work products require revisions prior applicable, CITY shall designate a party to construction bidding due have responsibility and authority for coordinating the activities of the various prime contractors, if more than one prime contractor is to ENGINEER’s errors or omissions, the exclusive remedy will be limited to revisions made by ENGINEER without compensationawarded for construction. 2.6 The ENGINEER 3.5 CITY shall bill the OWNER monthly indicating the services performed and the cost of such services. OWNER agrees pay all costs incident to pay invoices within 45 days of their date. Payments not received by ENGINEER within 45 days shall be considered delinquent and subject to a finance charge of 1 percent per month for each month unpaid after the date of invoice. ENGINEER may suspend services should an invoice remain delinquent for 75 days obtaining bids or proposals from date of invoiceContractor(s). 2.7 All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail shall be addressed to the designated responsible person or office: TO OWNER: TO ENGINEER: and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices and invoices shall be deemed given at the time of actual delivery. All payments are to be mailed to: ▇▇▇▇▇▇▇ Engineers, Inc.