Payments to the Design Professional Clause Samples

The "Payments to the Design Professional" clause defines the terms and conditions under which the design professional, such as an architect or engineer, will be compensated for their services. It typically outlines the payment schedule, methods of invoicing, and any requirements for documentation or approval before payment is made. For example, it may specify that payments are due monthly based on progress or upon completion of certain project milestones. This clause ensures that both parties have a clear understanding of when and how payments will be made, reducing the risk of disputes and providing financial predictability for the design professional.
Payments to the Design Professional. 5.1 The amount for the performance of basic services and direct and reimbursable expenses required under this Contract, will be in a not-to-exceed amount of Seven Million Five Hundred Sixty Three Thousand Six Hundred Twenty Three and No One-Hundredth Dollars ($7,563,623.00), which includes all fees for subconsultants. 5.2 Not used. 5.3 Not used. 5.4 Invoiced amounts will be based on the Design Professional’s and team member’s most recent audited overhead rate or agreed upon overhead rate, personnel direct labor rates, negotiated profit and actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports: Conceptual/Schematic Design Phase - Up to 15% Design Development Phase - Up to 30% Construction Document Phase through award of Contract - Up to 80% Construction Phase - Up to 100% 5.4.1 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 5.4.2 All subconsultant agreements must be submitted at time of billing. Subconsultant agreements must include a provision providing the Owner the same rights to audit at the subconsultant level in all of its subconsultant agreements executed to effect project completion. 5.4.3 An employee basic services spreadsheet based on the Fee and Scope Proposal in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted before the professional service invoice submittal. If there are changes such as new employees, new classification or new raw rate, then a labor change indicator must be completed on an updated basic services spreadsheet. Any changes to an employee basic services spreadsheet must have prior approval by the Owner. All basic service ▇▇▇▇▇▇▇▇ must be accompanied by a rate & hour verification sheet submitted within the submittal as well as in Microsoft Excel format. 5.4.4 Basic services invoices that are submitted with a professional service invoice that are older than 90 days before the submission date will not be reimbursed. Basic services performed before the work order effective date will not be reimbursed. 5.4.5 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 5.4.6 Overtime on any basic services must be pre-approved by the Owner. 5.4.7 Basic services must be organized using standard separators to identify the basic services being billed. 5.4.8 Rebalancing between tasks o...
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Payments to the Design Professional. Delete Paragraph 5.1 in its entirety and replace with the following: 5.1 The amount for the performance of basic services and reimbursable expenses required under this Contract, will be in a not-to-exceed amount of Five Million Seventy Four Thousand Nine Hundred Sixty Two and No One Hundredths Dollars ($5,074,962.00), which includes all fees for subconsultants.
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Payments to the Design Professional. 11.1. Direct Personnel Expense. The Project Contract Price includes the Design Professional's Direct Personnel Expenses and related overhead costs. These are defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits, travel to and within San Francisco, San Mateo, Santa ▇▇▇▇▇, Contra Costa, and Alameda Counties, insurance and other overhead costs associated with or arising out of performance of basic Services for an Assigned Party, except for Reimbursable Expenses. 11.2. Payments on Account of Basic Services
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Payments to the Design Professional. 5.1 The amount for the performance of basic services required under this Contract, not identified as direct and reimbursable expenses, will be in a not-to-exceed amount of Five Hundred Ninety Eight Thousand Eight Hundred Sixty Six and Ninety Four One Hundredth Dollars ($598,866.94), which includes all fees for subconsultants.
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Payments to the Design Professional. PAYMENTS FOR BASIC SERVICES
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Payments to the Design Professional. 4.1 Payments on account of the DESIGN PROFESSIONAL’s Services and for Reimbursable Expenses shall be as defined in Article 2 and 3. 4.2 Initial payment to the DESIGN PROFESSIONAL may be requested antecedent to the availability of funds and no interest will be due the DESIGN PROFESSIONAL on deferred ▇▇▇▇▇▇▇▇. 4.3 No deduction shall be made from the DESIGN PROFESSIONAL’s compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 4.4 If the Project is suspended for more than three months or abandoned in whole or in part, the DESIGN PROFESSIONAL shall be paid his/her compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all termination expenses as defined in Article 6, Section II, resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the DESIGN PROFESSIONAL's contract shall be subject to renegotiation.
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Payments to the Design Professional. 5.1 The amount for the performance of basic services required under this Contract, not identified as direct and reimbursable expenses, costs identified as resident inspection services and costs from the owner allowance amount used for basic services, direct and reimbursable expenses and resident inspection services will be in a not-to-exceed amount of One Million Fifty-Four Thousand Two Hundred Seventy-Seven and No One Hundredth Dollars ($1,054,277.00), which includes all fees for subconsultants. 5.2 Not Used. 5.3 Not Used. 5.4 Invoiced amounts will be based on the lesser of actual or agreed upon Design Professional’s and team member’s hourly billing rates included in their submitted and agreed upon rate tables. The hourly billing rates will be multiplied by their actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. The rate tables will include the Design Professional’s and team member’s following: 5.4.1 Most recent audited overhead rates or agreed upon overhead rates; 5.4.2 Employee’s raw labor rates or agreed upon labor rates; 5.4.3 Negotiated profits; and 5.4.4 Agreed upon hourly billing rates. The Design Professional, at their sole discretion, may submit invoices with hourly billing rates that are less than the agreed upon hourly billing rates. The Owner will pay the Design Professional for the lesser of actual, agreed upon or billed hourly billing rates of the Design Professional and their team members. The actual hourly billing rate will be comprised of the employee’s raw rate, the agreed upon overhead rate, and the negotiated profit. Conceptual/Schematic Design Phase - Up to 15% Design Development Phase - Up to 30% Construction Document Phase through award of Contract - Up to 80% Construction Phase - Up to 100% 5.4.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. 5.4.6 All subconsultant agreements must be submitted at time of billing. Subconsultant agreements must include a provision providing the Owner the same rights to audit at the subconsultant level in all of its subconsultant agreements executed to effect project completion. 5.4.7 A Spreadsheet Rate & Hour Verification form (PD 84) based on the agreed upon rate tables in Excel format listing the employee’s name, employee’s classification and employee’s raw rate must be submitted with the consultant service invoice submittal. If there are changes such as new e...
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Payments to the Design Professional 
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Related to Payments to the Design Professional

  • Note to Design Professional Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date.

  • Design Professional The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional.

  • SCOPE OF ARCHITECT’S BASIC SERVICES 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

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  • Maintenance and Support Services If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in this Agreement: The Contractor shall promptly provide the Court with all Upgrades, including without limitation: (i) all Upgrades generally made available by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platform; and (iv) all on-site services necessary for installation of Upgrades. Without limiting any other obligation of Contractor under this Agreement, Contractor represents and warrants that it will maintain services, equipment, software or any other part of the Work so that they operate in accordance with their Specifications and Documentation; and The Contractor shall respond to the Court within four (4) hours after the Court reports a Technical Support Incident (such hours all occurring during Standard M&S Hours) to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests in the Court upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheets.