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CCP 05-08-2006
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CCP 05-08-2006
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<br />5. t 0 If ENGINEER's services for design or during construction ofthe Project are delayed or suspended <br />in whole or in part by CITY for more than three (3) months for reasons beyond ENGINEER's control, ENGINEER <br />shalt on written demand to CITY (but without termination of this Agreement) be paid as provided in paragraph 6.2. <br />If such delay or sllspension extends for more than one year for reasons beyond ENGINEER's control, or jf <br />ENGINEER for any reason is required to render Construction Phase servIces in respect of any prime contract for <br />construction) materials or equipment more than one year after Substantial Completion is achieved under that Project, <br />the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. <br /> <br />. <br /> <br />5.11 In the event the work designed or specified by ENG tN EER is to be furnished or performed under <br />more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or <br />more prime contractors (such as in the case of fast-tracking), CITY and ENGJNEER shalt, prior to commencement <br />of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, <br />Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are <br />applicable to the work under such projects. <br /> <br />SECTION 6 - PA YMENTS TO ENGINEER <br /> <br />6.1 GENERAL <br /> <br />6.1. t For Basic aud Additional Services provided by independent professional associates and <br />consultants retained by ENGINEER, CITY shall pay ENGINEER the amount billed to ENGINEER therefor times a <br />factor of] .0, unless otherwise agreed in a Work Order. <br /> <br />6.1.2 When Construction Cost is used as a basis for payment it will be based on one of the following <br />sources with precedence in the order listed for work designed or specified by ENGINEER: <br /> <br />6.1.2.1 For completed construction work, the total construction cost of all work performed as desjgned or <br />specified by ENGINEER, unless otherwise agreed in a Work Order, to include the average of the lowest <br />three (3) responsible bids received. <br /> <br />. <br /> <br />6.1.2.2 For work designed or specified but not constmcted, the lowest bona fide bid received fTOm a <br />qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such <br />work. <br /> <br />6.1.2.3 For work designed or specified but not constructed upon which no such bid or proposat is <br />received, the most recent estimate of Construction Cost, or if none is available, ENGINEER's most recent <br />opinion of probable Construction Cost. <br /> <br />6.1.3 No deduction is to be made from Construction Costs on account of any penalty, tiquidated <br />damages, or other amounts withheld from payments to Contractor(s). <br /> <br />6.2 METHODS OF PAYMENT FOR BASIC SERVICES AND CONSTRUCTION PHASE OF <br />ENGINEER <br /> <br />6.2.1 For Basic Services CITY shall pay ENGINEER on the basis of percentage of Construction Cost in <br />accordance with the attached Exhibit D, "Calculation of Percentage of Construction Cost" or other mutually agreed <br />upon method as stated in the Work Order. <br /> <br />6.2.2 For Basic Services in the Study and Report Phase, ENGINEER shall submit a written cost <br />estimate, based on either a Lump Sum or an Hourly Cost payment method, with or without a cost not to exceed limit. <br />Tfthe Project proceeds to construction, the maximum amOlmt to be paid for this Phase will not exceed thirty-five <br />percent (35%) of the total fee to be paid ENGINEER for Basic Services for the Project in accordance with the <br />percentage of Construction Cost method set forth in 6.2.1. The acmal amount paid for this Phase will then be <br />adjusted not to exceed the thirty-five percent limit. <br /> <br />. <br /> <br />ARDEN. WPD <br /> <br />13 <br /> <br />Rev. December 12, 1997 <br />
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