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. 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. 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. 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 $ 986,542 based on the following assumed distribution of compensation: Lump Sum Xxxxxx Xxxxx 0 Annual Dam Safety Inspections, O&M Updates and EAP Updates $ 229,612 Phase 2 Condition Assessment and Rehabilitation Plan $ 423,430 Phase 3 Lake Xxxxxx 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 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 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 $ 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. 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:*
Payments to the Engineer. 5.1. Methods of Payment for Services and Expenses of Engineer
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, as charges accrue on a time charged plus expense basis. For this PROJECT, the rates of the ENGINEER are 2.35 times the cost of salaries of those personnel working on the PROJECT and 1.1 times other 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 $130,000 without prior written authorization from the OWNER.
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.
