Payments to the Engineer Sample Clauses
The "Payments to the Engineer" clause defines the terms and procedures for compensating the engineer for their services under the contract. Typically, this clause outlines the schedule of payments, the basis for calculating fees (such as fixed price, hourly rates, or milestones), and any requirements for submitting invoices or supporting documentation. Its core practical function is to ensure that the engineer is paid in a timely and transparent manner, thereby reducing the risk of payment disputes and clarifying financial expectations for both parties.
Payments to the Engineer. 3.1 Payments for performance of the SERVICES contemplated by this AGREEMENT shall be in the amount and in accordance with the provisions set forth in “Exhibit B”.
3.2 Nothing contained in the AGREEMENT shall require OWNER to pay for any work that is unsatisfactory as determined by OWNER or which is not submitted in compliance with the terms of this AGREEMENT.
3.3 OWNER will not be required to make any payments to the ENGINEER, when the ENGINEER is in default under this AGREEMENT, nor shall this paragraph constitute a waiver of any right, at law or in equity, which OWNER may have if the ENGINEER is in default, including the right to bring legal action for damages or for specific performance of this AGREEMENT. Waiver of any default under this AGREEMENT shall not be deemed a waiver of any subsequent default.
3.4 Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the work. The total amount of compensation set forth in “Exhibit B” shall not be exceeded without the prior written consent of the OWNER.
Payments to the Engineer. 6.1 Progress payments shall be made in proportion to services rendered or as otherwise indicated within this Agreement and shall be due and owing upon the ENGINEER's submittal of any invoice. Past due amounts owed shall include a late payment Finance Charge which will be computed at the periodic rate of 1% per month, which is an Annual Percentage Rate of 12%, and will be applied to any unpaid balance 30 days after the date of the original invoice.
6.2 The ENGINEER may, upon seven days written notice, suspend services if CLIENT fails to make payments.
6.3 No deductions shall be made from the ENGINEER's compensation on account of penalty or other sums withheld from payments to Contractors.
6.4 Hourly Rates and Reimbursable Expenses shall be subject to periodic revision as stated on the Rate Schedule. In the event revisions are made during the lifetime of this Agreement, the increased or decreased Hourly Rates and Reimbursable Expenses shall apply to all remaining compensation for services performed by the ENGINEER when such rates provide the basis for the ENGINEER's compensation.
6.5 If the Project is delayed or if the ENGINEER's services for the Project are delayed or suspended for more than three months for reasons beyond the ENGINEER's control, the ENGINEER may, after giving seven days written notice to the CLIENT, terminate this Agreement and the CLIENT shall compensate the ENGINEER in accordance with the termination provision contained hereinafter in this Agreement.
Payments to the Engineer. For Basic and
Payments to the Engineer. In Exhibit C of the Original Contract, delete section C4.01 A. 1. in its entirety and replace with the following:
1. A Lump Sum amount of $2,655,700 based on the following assumed distribution of compensation: Task Payment Amount
a. Original Contract Scope of work $496,100
Payments to the Engineer. 5.1 For services performed under this AGREEMENT, the OWNER agrees to pay the ENGINEER the total lump sum fee as indicated in Table 5.1 below for the scope of services described in Article 2 of this AGREEMENT. Fees for this PROJECT shall be billed monthly as they accrue based upon the services performed as a percent of the total lump sum fee. The OWNER agrees to make payment to the ENGINEER within thirty (30) days of the invoice date. 1 Field Data Collection $8,000 2 Engineering and Design $66,700 3 Permitting $14,000
5.2 If the OWNER fails to make any payment due the ENGINEER for services and expenses within thirty (30) days after receipt of the ENGINEER'S statement therefore, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this AGREEMENT. Unless the ENGINEER receives payment within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the OWNER for delay or damage caused the OWNER because of such suspension of services.
Payments to the Engineer. Article IV of the Base Agreement, as amended, is hereby amended to provide additional compensation to Engineer as follows:
A. The additional compensation to be paid to Engineer for the amended Basic Services described in Article I, of this Modification No. 2, above shall not exceed the total sum of Sixty Four Thousand Six Hundred Ninety Dollars and Ten Cents ($64,690.10). The maximum not to exceed fees (hourly fees and expenses) by project phase is hereby amended to the amounts set forth in subsection B below. The total fees (hourly fees and expenses) for the Basic Services is hereby amended and shall not exceed the total sum of Three Hundred Twenty Four Thousand Three Hundred Thirty Four Dollars and Thirty Cents ($324,334.30).
B. The amended total not to exceed amount for both the Basic Services and Optional Services is Three Hundred Twenty Four Thousand Three Hundred Thirty Four Dollars and Thirty Cents ($324,334.30).
Payments to the Engineer. C4.01 For Basic Services Having A Determined Scope -- Lump Sum Method of Payment
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative and Post-Construction Phase services, if any, as follows:
1. A Lump Sum amount of $124,000 based on the following assumed distribution of compensation: Phase 1
a. Study and Report Phase – $ 124,000 Lump Sum Phase 2
b. Preliminary Design Phase $ TBD*
c. Final Design Phase $ TBD*
d. Bidding and Negotiating Phase $ ▇▇▇* ▇▇. Re-Bid Phase $ ▇▇▇* ▇▇▇▇▇ ▇
▇. ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ $ TBD* $ * TBD – The fee shall be determined once the Owner has selected and approved the alternative sewer system to replace the existing ▇▇▇▇▇▇▇ Heights Lift Station. The fees shall be added by an amendment to this contract.
2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner.
3. The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses.
4. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s reasonable estimate of the proportion of the total services actually completed during the billing period to the Lump Sum.
5. The Lump Sum is conditioned on Contract Times to complete the Work not exceeding (See schedule in Attachment No. 1) months. Should the Contract Times to complete the Work be extended beyond this period, the total compensation to Engineer shall be appropriately adjusted as the parties may agree by an amendment to this contract. Except to the extent provided in an amendment, the Owner shall not be obligated to pay any compensation greater than the Lump Sum.
6. If more prime contracts are awarded for Work designed or specified by Engineer for this Project than identified in Exhibit A, the Engineer shall be compensated an additional amount equal to $ (To be determined as needed.) for all Basic Services for each prime contract added.
C4.02 For Basic Services Having An Undetermined Scope -- Standard Hourly Rates Method of Payment
A. Owner shall pay Engineer for Basic Services having an undetermined scope as follows:
Payments to the Engineer. For the services performed by Engineer pursuant to this Agreement, and as full compensation therefore, and for all expenditures made and all expenses incurred by Engineer in connection with this Agreement, except as otherwise expressly provided herein, subject to and in conformance with all provisions of this Agreement, City will pay Engineer a maximum fee for Basic Services and Optional Services in the sum of Two Hundred and Eight Thousand and Four Hundred and Fifty-Six Dollars ($208,456.00), according to the following provisions:
A. The cost of all Basic Services covered under Article I shall be billed hourly at the rates set forth in Exhibit A attached hereto and incorporated herein by reference. Expenses incurred to provide the Basic Services shall be billed as set forth in Exhibit A. The total fees (hourly fees and expenses) for the Basic Services shall not exceed the total sum of Two Hundred and Eight Thousand and Four Hundred and Fifty-Six Dollars ($208,456.00).
B. The cost of all Optional Services covered under Article II shall be billed hourly at the rates set forth in Exhibit A attached hereto and incorporated herein by reference. Expenses incurred to provide the Optional Services shall be billed as set forth in Exhibit A. The total fees (hourly fees and expenses) for the Optional Services shall not exceed the total sum of Zero Dollars ($0.00).
C. If so requested by Engineer, City will make payment monthly for Basic Services and Optional Services that have been satisfactorily completed. The City shall make payment to Engineer within a period not to exceed thirty (30) days from the date an invoice is received by City. All invoices shall contain the following information:
1. Project Name/Task Name/RFP Number/Description of Agreement.
2. Invoice Number and Date.
3. Purchase Order Number issued by City.
4. Itemized statement for the previous month of Labor (including Personnel Description, Title or classification for each person on the Project, Hours Worked, Hourly Rate, and Amount), Itemized Reimbursable Expenses, and Invoice Total.
5. Description of monthly progress detailing the amount of the services completed to date and projected completion time.
6. Project Billing Summary containing the Contract or Agreed Maximum Fee Amount, Cumulative Amount Previously Billed, Billing Amount this Invoice, Contract or Agreed Amount Remaining, and Percent of Maximum Fee Billed to Date. All moneys not paid when due as provided herein shall bear interest at a per...
Payments to the Engineer. 8.1 Payments for the Engineer's services, and for reimbursable expenses as defined in Article 9, shall be made monthly upon presentation of the Engineer's statement of services rendered or as otherwise provided in this Agreement. The Engineer shall submit monthly statements for services rendered and for Reimbursable Expenses incurred in accordance with the format specified by the County. The statement shall include bills, receipts, and/or invoices clearly documenting the Reimbursable Expenses.
8.2 When compensation is on the basis of a Lump Sum amount, the statement shall be based upon the Engineer's estimate of the proportion of the total services actually completed at the time of billing. Otherwise, these monthly statements shall be based upon the Engineer's payroll costs.
8.3 When compensation is on the basis of Cost Plus Fixed Fee, the Engineer shall submit to the County a complete tabulation of all employees and their salaries to be paid for work on this Project. This salary schedule must be approved by the County prior to beginning any work on the Project.
8.4 When compensation is on the basis of Per Diem Rate, the Engineer shall submit to the County a complete tabulation of all employees and their per diem rate to be paid for work on this Project. This salary schedule must be approved by the County prior to beginning any work on the Project.
8.5 The Engineer's time records for the Project shall be available at all times and shall be subject to audit at the County's discretion.
8.6 When the Engineer is called upon to furnish field surveys, the aforementioned fees shall include the cost of all travel, stakes, hubs, and nails required. No additional compensation will be provided to the Engineer for such incidental items.
8.7 Payment shall be made electronically via ACH transfer. The County reserves the right to deduct the total amount of any debts owed to the County from any payments issued pursuant to this Agreement.
Payments to the Engineer. 5.1 For services performed under this AGREEMENT, the OWNER agrees to pay the ENGINEER within thirty (30) days of the invoice date for all undisputed charges, as charges accrue on an hourly billing rate plus expense basis. For this PROJECT, the hourly billing rates of the ENGINEER are presented in Attachment A for staff members named in the Statement of Qualifications. Other staff will be billed at times the cost of salaries of those personnel working on the PROJECT. Expenses will be billed at direct costs which include transportation, printing and reproduction of plans and reports, telephone charges, postage, computer time, sub- consultant charges such as specialty engineering, soils, surveying, testing of materials, and other identifiable expenses. Compensation shall be payable monthly, as earned, and shall not exceed the following limits without prior written authorization from the OWNER: • Phases 1-2 (Scope Items 2.1 through 2.2): $ • Phases 3-5 (Scope Items 2.3 through 2.5): Not Authorized. To be negotiated for future amendment.
5.2 If the OWNER fails to make any undisputed payment due the ENGINEER for services and expenses within thirty (30) days after receipt of the ENGINEER'S statement therefore, the ENGINEER may, after giving thirty (30) days' additional written notice to the OWNER, suspend services under this AGREEMENT. Unless the ENGINEER receives undisputed payment within thirty (30) days of the date of the additional notice, the suspension may take effect upon an additional 10 day written notice.
5.3 When the costs incurred total approximately 60 percent of the total estimated costs listed in ARTICLE 5.1, or if, at any time, the ENGINEER has reason to believe that the total estimated costs will be greater or substantially less than the then total estimated cost, the ENGINEER shall notify the OWNER giving a revised estimate of the total cost of services to be furnished. Should the revised total estimated cost exceed the total estimated cost, this AGREEMENT shall either be amended to cover the increase in estimated cost, or the scope of services shall be reduced to stay within the total estimated cost.