Common use of Payments to the Engineer Clause in Contracts

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. 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 $ 986,542 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 $ ▇▇▇* ▇▇▇▇▇ ▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ Annual Dam Safety Inspections, O&M Updates and EAP Updates $ TBD* 229,612 Phase 2 Condition Assessment and Rehabilitation Plan $ * TBD – The fee shall be determined once the Owner has selected and approved the alternative sewer system to replace the existing ▇423,430 Phase 3 Lake ▇▇▇▇▇▇ Heights Lift Station. The fees shall be added by an amendment and Little River Facilities Preventive Maintenance (PM) Program $ 201,900 Phase 4 Engineering Evaluations $ 68,800 Phase 5 Project Management $ 62,800 A detailed cost breakdown including hours is provided in the Attachment to this contract.Exhibit A. 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) 12 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.) N/A 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. C4.01 For Basic Services Having A a Determined Scope -- – Lump Sum sum Method of Payment A. Owner Payment OWNER shall pay Engineer ENGINEER for Basic Services set forth in Exhibit A, Part I except for Study and Report Phase and services of EngineerENGINEER’s Resident Project Representative and Post-Construction Phase services, if any, as follows: 1. A Lump Sum amount of 3% of the estimated total construction cost estimated to be $124,000 665,500 (=$19,966) based on the following assumed distribution of compensation: Phase 1: a. Study and Report Phase – $ 124,000 Lump Sum Phase 2 4,000 .00 b. Preliminary Design Phase Phase-Grading Design $ TBD* 7,983 .00 c. Final Design Phase Phase-Track Design $ TBD* 7,983 .00 d. Additional Services Not included e. Bidding and Negotiating Phase $ ▇▇▇* ▇▇. Re-Bid Not included f. Construction Phase $ ▇▇▇* ▇▇▇▇▇ ▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ $ TBD* $ * TBD – The fee shall be determined once the Owner has selected and approved the alternative sewer system (Up to replace the existing ▇▇▇▇▇▇▇ Heights Lift Station. The fees shall be added by an amendment to this contract40 hrs.) Not included 2. Engineer 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 OwnerOWNER. 3. The Lump Sum includes compensation for EngineerENGINEER’s services and services of EngineerENGINEER’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. ENGINEER assumes full responsibility for, and shall pay, all contributions and taxes payable under federal and state social security acts, unemployment compensation laws, and income tax laws applicable to ENGINEER and its employees. 4. The portion of the Lump Sum amount billed for EngineerENGINEER’s services will be based upon EngineerENGINEER’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) four months. Should the Contract Times to complete the Work be extended beyond this period, the total compensation to Engineer 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 Sumadjusted. 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: