Common use of Payments to Designer for Basic Services Clause in Contracts

Payments to Designer for Basic Services. 2.3.1 As a guide for invoicing, payments of the Basic Services Fee to Designer shall not exceed the following percentages for the phases described below: 1. Program Verification Phase 3% 2. Schematic Design Phase 18% 3. Design Development Phase 20% 4. Construction Document Phase 30% 5. Bidding and Negotiation Phase 2% 6. Construction Phase 23% 7. Close-Out Phase 4% 2.3.2 Payments shall be as set forth below unless Owner and Designer agree to a different payment schedule for partial payments because of the length of the Project phase durations, but shall in no event be made more frequently than monthly. Designer shall not be due an interim payment or payment for a completed phase unless Owner agrees that Designer’s progress is proportionate to the interim payment invoiced or has approved Designer’s work for a phase. .1 Fee for Program Verification Phase shall be invoiced and payable upon completion and approval by Owner of this phase of Designer's work unless otherwise agreed to by Owner. .2 Fee for Schematic Design and Design Development Phases may be invoiced and payable in two (2) approximately equal payments for each phase in proportion to the progress of Designer’s work, with the final payment for each phase being due after approval of the deliverables for such phase by Owner. .3 Fee for Construction Document Phase may be invoiced and payable in three (3) approximately equal payments in proportion to the progress of Designer’s work, with the final payment being due after approval by Owner of final Construction Documents and any other information and approvals required for receiving bids on the Project. .4 Fee for the Bidding or Negotiation Phase will be invoiced and payable upon execution of the Construction Contract. Alternatively, should Owner choose not to award a Construction Contract nor to require redesign, payment for the Bidding or Negotiation Phase will become due and payable within 45 days following the receipt of a responsive and responsible bid within the MACC. .5 Fee for the Construction Phase shall be made monthly in proportion to the gross progress payments to the Contractor. Final payment for the Construction Phase fee will be invoiced and payable upon Substantial Completion of the Project. There shall be no deduction to Designer’s payment for the Construction Phase even if the Contractor is not paid the full amount certified payable by Designer to Owner during the Construction Phase. .6 Fee for the Close-Out Phase will be invoiced and payable upon completion of the Final Certificate for Payment and all requirements of the Designers’ Manual for Close-Out and Record Documents. 2.3.3 If the Project is suspended in writing by Owner for more than 45 consecutive days due to no fault of Designer prior to the commencement of the Construction Phase, the following shall apply. If the Project is suspended for more than 45 consecutive days but less than 90 consecutive days, Designer shall be compensated for services completed prior to the date the suspension commenced. If the Project is suspended for 90 consecutive days or more, then Designer shall be compensated for services completed prior to the date the suspension commenced and for the resumption of services after the suspension is terminated. In the event that the suspension occurs prior to the completion of a phase that has commenced, then Designer’s compensation for services completed prior to the date of the suspension shall be mutually agreed upon and based on the demonstrated services that have been completed and the percentage of the time remaining in the phase. If Designer is entitled to compensation for the resumption of services, then such amount shall be mutually agreed upon and based on documented additional costs incurred. 2.3.4 All approved payments to Designer shall be made within forty-five (45) days after being properly invoiced and payable in accordance with TCA Title 12, Chapter 4, Part 7.

Payments to Designer for Basic Services. 2.3.1 As a guide for invoicing, payments of the Basic Services Fee to Designer shall not exceed the following percentages for the phases described below: 1. Program Verification Phase 3% 2. Schematic Design Phase 1820% 3. Design Development Phase 2025% 4. Construction Document Phase 3025% 5. Bidding and Negotiation Phase 2% 6. Construction Phase 2322% 7. Close-Out Phase 43% 2.3.2 Payments shall be as set forth below unless Owner and Designer agree to a different payment schedule for partial payments because of the length of the Project phase durations, but shall in no event be made more frequently than monthly. Designer shall not be due an interim payment or payment for a completed phase unless Owner agrees that Designer’s progress is proportionate to the interim payment invoiced or has approved Designer’s work for a phase. .1 Fee for Program Verification Phase shall be invoiced and payable upon completion and approval by Owner of this phase of Designer's work unless otherwise agreed to by Owner. .2 Fee for Schematic Design and Design Development Phases may be invoiced and payable in two (2) approximately equal payments for each phase in proportion to the progress of Designer’s work, with the final payment for each phase being due after approval of the deliverables for such phase by Owner. .3 Fee for Construction Document Phase may be invoiced and payable in three (3) approximately equal payments in proportion to the progress of Designer’s work, with the final payment being due after approval by Owner of final Construction Documents and any other information and approvals required for receiving bids on the Project.approval .4 Fee for the Bidding or Negotiation Phase will be invoiced and payable upon execution of the Construction Contract. Alternatively, should Owner choose not to award a Construction Contract nor to require redesign, payment for the Bidding or Negotiation Phase will become due and payable within 45 days following the receipt of a responsive and responsible bid within the MACC. .5 Fee for the Construction Phase shall be made monthly in proportion to the gross progress payments to the Contractor. Final payment for the Construction Phase fee will be invoiced and payable upon Substantial Completion of the Project. There shall be no deduction to Designer’s payment for the Construction Phase even if the Contractor is not paid the full amount certified payable by Designer to Owner during the Construction Phase. .6 Fee for the Close-Out Phase will be invoiced and payable upon completion of the Final Certificate for Payment and all requirements of the Designers’ Manual for Close-Out and Record Documents. 2.3.3 If the Project is suspended in writing by Owner for more than 45 consecutive days due to no fault of Designer prior to the commencement of the Construction Phase, the following shall apply. If the Project is suspended for more than 45 consecutive days but less than 90 consecutive days, Designer shall be compensated for services completed prior to the date the suspension commenced. If the Project is suspended for 90 consecutive days or more, then Designer shall be compensated for services completed prior to the date the suspension commenced and for the resumption of services after the suspension is terminated. In the event that the suspension occurs prior to the completion of a phase that has commenced, then Designer’s compensation for services completed prior to the date of the suspension shall be mutually agreed upon and based on the demonstrated services that have been completed and the percentage of the time remaining in the phase. If Designer is entitled to compensation for the resumption of services, then such amount shall be mutually agreed upon and based on documented additional costs incurred. 2.3.4 All approved payments to Designer shall be made within forty-five (45) days after being properly invoiced and payable in accordance with TCA Title 12, Chapter 4, Part 7.