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5. t 0 If ENGINEER's services for design or during construction ofthe Project are delayed or suspended in whole or in part by CITY for more than three (3) months for reasons beyond ENGINEER's control, ENGINEER shalt on written demand to CITY (but without termination of this Agreement) be paid as provided in paragraph 6.2. If such delay or sllspension extends for more than one year for reasons beyond ENGINEER's control, or jf ENGINEER for any reason is required to render Construction Phase servIces in respect of any prime contract for construction) materials or equipment more than one year after Substantial Completion is achieved under that Project, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. . 5.11 In the event the work designed or specified by ENG tN EER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), CITY and ENGJNEER shalt, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such projects. SECTION 6 - PA YMENTS TO ENGINEER 6.1 GENERAL 6.1. t For Basic aud Additional Services provided by independent professional associates and consultants retained by ENGINEER, CITY shall pay ENGINEER the amount billed to ENGINEER therefor times a factor of] .0, unless otherwise agreed in a Work Order. 6.1.2 When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: 6.1.2.1 For completed construction work, the total construction cost of all work performed as desjgned or specified by ENGINEER, unless otherwise agreed in a Work Order, to include the average of the lowest three (3) responsible bids received. . 6.1.2.2 For work designed or specified but not constmcted, the lowest bona fide bid received fTOm a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. 6.1.2.3 For work designed or specified but not constructed upon which no such bid or proposat is received, the most recent estimate of Construction Cost, or if none is available, ENGINEER's most recent opinion of probable Construction Cost. 6.1.3 No deduction is to be made from Construction Costs on account of any penalty, tiquidated damages, or other amounts withheld from payments to Contractor(s). 6.2 METHODS OF PAYMENT FOR BASIC SERVICES AND CONSTRUCTION PHASE OF ENGINEER 6.2.1 For Basic Services CITY shall pay ENGINEER on the basis of percentage of Construction Cost in accordance with the attached Exhibit D, "Calculation of Percentage of Construction Cost" or other mutually agreed upon method as stated in the Work Order. 6.2.2 For Basic Services in the Study and Report Phase, ENGINEER shall submit a written cost estimate, based on either a Lump Sum or an Hourly Cost payment method, with or without a cost not to exceed limit. Tfthe Project proceeds to construction, the maximum amOlmt to be paid for this Phase will not exceed thirty-five percent (35%) of the total fee to be paid ENGINEER for Basic Services for the Project in accordance with the percentage of Construction Cost method set forth in 6.2.1. The acmal amount paid for this Phase will then be adjusted not to exceed the thirty-five percent limit. . ARDEN. WPD 13 Rev. December 12, 1997