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5.1.3. RcimbuTsab/~ E:cp~nsu. In addition to payments including a reasonable al1owance for overhead and profit. provided for in paragraphs 5.1.1 and 5.J.2, OWNER shall Materials and equipment furni~hed by OWNER will. be pay ENGINEER the actual costs of all reimbursable ex- included at current market praces except used materaals peoses incurred in connection with aU Basic and Addi- and equipment will be included as if purchased new for lional Services times a factor of 1. 70. the Project. No deduction is to be made (rom Ef:lG~- 5.1.4. M used in this paragraph 5.1, the tenDS "Con- NEER's compensation on account of any penalty, Jaqua- ¡truction Cost," d:yro11 costs" and "reimbursable ex- dated damages, or other amounts withheld from payments penses" will have meanings assigned to them in para- to Cootractor(s). graphs S.3.J, 5.3.2 and 5.3.3. 5.2. Times of Payment. 5.2. J. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for reim- bursablt' expenses incurred. When compensation is on the basis of a lump sum or ~rc:cntagc of construction cost the statements will be based upon ENGINEER's estimate o( the proponion of the total services actual1y completed at the time of billing. Otherwise, these monthly statements will be based upon ENGINEER's rate schedule. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.2.2. Where compensation for Basic Services is on the basis of a lump sum or percentage of Construction Cost. OWNER shall, upon submi tta lof each phase of Basic Services, pay such additional amount, if any, as may be 5.3.3. Reimbursable expenses mean the a':fual e~~scs necessary to bring tolal compensation paid on account of such phase to the fol1owing percentages of total com- incurred directly or indirectly in connection WI the pensation for al1 phases of Basic Services: Project for: . . Ins~rl Actual obtaining bids or proposals from ~<,!ntractor(s); furmsl.., n ~ Suggt'St~d P~Tc~ntag~ and and maintaining field office facIlitIes; Phase Rangt> Initial in Margin tol1 telephone calls and telegrams; repro- Prcliminary Design ( 5-30%) ----g8-- ~ duction of repons, Drawings and Specifications, ~nd similar Project-related items in addition to those requued under Final Design (35-75%) Section I; computer time including an ap~ropriate .char$e Bidding or Negotiating ( 2-/0%) -----it % (or previously established programs; and, If authonzcd 10 Construction (/0-20% J -- % advance by OWNER. ovenime work requiring higher than TOTAL X 100% regular rates. 5.3.4. If OWNER fails to make any payment due EN- GINEER for services and expenses within 45 days after receipt of ENGINEER's bill therefor, the amounts ld'1/2 ENGINEER shall include a charge at the rate of 5.3. CrneraL per month from said 45 th day, and in addition EN- GINEER may, after giving seven days' written notice to 5.3.1. The canstruction cost of the entire Project (herein OWNER, suspend se'rvices under this Agreement _until he referred to as "Construction Cost")' means the total cost has been paid in full all amounts due him for servIces and of the entire Project to OWNER, but it will not include expenses. ENGINEER's compensation and expenses, the cost of .5.3..5. If this Agreement is terminated by OWNER upon land, rights-of-way. or compensation for or damages. to the completion of any phase of the Basic Services. progress propenies unless this Agreement so specifies, nor will it payments due ENGINEER for services rendered thr~ugh include OWNER's legal. accounting, insurance counseling such phase shall constitute total payment for such ~rvlces. or auditing services, or interest and financing charges in- If this Agreement is terminated by OWNER during any curred in connection with the Project. When Construction phase of the Basic Services, ENGINEER will. be raid for Cost is used as a basis for payment it will be hased on one services rendered during that phase on the basIs 0 of the following sources with precedence in the order Sect' on 7. 1 . . f!>r service~ re.ndered during listed: iliat phase to date of termmatlon by pnnclpals and em- 5.3.1.1. For completed construction the total cost of ployees assigned to the Project. In the event of any term i- all work performed as designed or specified by ENGI- nation, ENGINEER will be paid for all unpaid Addition~1 NEER. Services and unpaid re.im~ursable expenses, plu~ al1 lerml- .5.3.1.2. For work not constructed, the lowest bona nation expenses. TerminatIon expenses mean reimbursable expenses directly attributable to termination, which shall fide bid received from a qualified bidder for such work; include an amount computed as a percentage of total com- or if the work is not bid, the lowest bona fide negotiated pensation for Basic Services earned by ENGINEER to proposal for such work. the date of termination, as fonows: 5.3.1.3. For work for which no such bid or proposal 20% if termination occurs after commencement of the is received. ENGINEER's most recent opinion of prob- Preliminary Design Phase but prior to commencement of able Project Cost. the Final Design Phase; or Labor furnished by OWNER for the Project will be in- 10% if tennination occurs after commencement of the eluded in the Construction Cost at current market rates FinaJ .Design Phase. Page 6 of .-..~... pages