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 lump sum fee of $83,569 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.
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. For Basic Services Having a Determined Scope – Lump sum Method of Payment OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, Part I except for Study and Report Phase and services of ENGINEER’s Resident Project Representative and Post-Construction Phase services, if any, as follows:
1. Lump Sum amount of 3% of the estimated total construction cost estimated to be $665,500 (=$19,966) based on the following assumed distribution of compensation:
a. Study and Report Phase $ 4,000 .00 b. Preliminary Design Phase-Grading Design $ 7,983 .00 c. Final Design Phase-Track Design $ 7,983 .00 d. Additional Services Not included e. Bidding and Negotiating Phase Not included f. Construction Phase (Up to 40 hrs.) Not included
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. 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 ENGINEER’s services will be based upon ENGINEER’s 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 four months. Should the Contract Times to complete the Work be extended beyond this period, the total compensation to ENGINEER shall be appropriately adjusted.
Payments to the Engineer. 2.1 Progress payments shall be made in proportion to the services rendered and as indicated within this Agreement and shall be due and owing upon the ENGINEER'S submittal of any invoice.
2.2 No deductions shall be made from the ENGINEER'S compensation on account of penalty or other sums withheld from payment to Contractors.
2.3 Hourly rates and reimbursable expenses shall be subject to periodic revision. 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 where such rates provide the basis for the ENGINEER'S compensation.
2.4 Reimbursable expenses are in addition to ENGINEER'S compensation for services performed on an hourly basis and include expenditures made by the ENGINEER, his employees or his consultant(s) in the interest of the project.
2.5 If the Project is delayed or if the ENGINEER'S services on 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.
2.6 If the CLIENT fails to make payments when due or otherwise is in breach of this agreement, the ENGINEER may suspend performance of services upon five (5) calendar days’ notice to the CLIENT. The ENGINEER shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon payment in full by the CLIENT, the ENGINEER shall resume services under this agreement, the time schedule and compensation adjusted for the period of suspension plus any other reasonable time and expenses necessary for the ENGINEER to resume performance.
Payments to the Engineer. 3.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES. Payments for Basic Services will be made to Engineer monthly following receipt by City of Engineer’s invoices and appropriate payment requisitions. The amounts of these invoices will be based upon the extent of work completed by the Engineer on a percentage basis within each phase of services, in accordance with Article 12 of this Agreement, less any disputed amounts, pending resolution thereof.
Payments to the Engineer. 5.01 For services performed under this AGREEMENT, the OWNER agrees to pay the ENGINEER the lump sum fee of $3,280,000.00 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. (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. 5.1 For services performed under this AGREEMENT, the OWNER agrees to pay the ENGINEER the total lump sum fee of $27,700 for the base work tasks described in Article 2 of this AGREEMENT, with fees generally distributed amongst the tasks as shown in Table 5.1 as follows. 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. TASK DESCRIPTION LUMP SUM FEE BASE WORK TASKS:
2.01 High School Presser Sewer Capacity $6,700 2.02 Ledyard Town Center Planning Report $21,000 OPTIONAL WORK TASKS:*
