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<br />I <br /> <br />I <br /> <br />I <br /> <br />, <br />. <br /> <br />"' <br /> <br />Texas Society of Professional Engineers, dated 1972. Construction <br />cost to be used in computation of B~~e Ch~geh for partial payment <br />purposes as provided in paragraphs 4.2.3, 4.2.4 and 4.2.5 .shall be <br />initially the ENGINEER'S opinion of the construction cost as required <br />of the ENGINEER in paragraph 2.2.5; then adjusted to conform with the <br />ENGINEER'S opinion of construction cost pursuant to paragraph 2.3.7; <br />then adjusted to conform with the cDnstruction cost indic~ted by the <br />bid submitted by the successful bidding Contractor; and finally as <br /> <br />defined in paragraph 4.1.1. <br /> <br />4.2.3 <br /> <br />PiVLUa1 Paymei1M shall be made to the ENGI'NEER from time <br /> <br />to time during Phase 1 and Phase 2 upon presentation of statements for <br />such services to the OWNER. In no case shall partial payments be in <br />excess of the value of the services completed at the time a statement <br /> <br />is rendered. <br /> <br />4.2.4 <br /> <br />Payme~ OO~ Ph~e 3 S~v~eeh will be made to the ENGI- <br /> <br />NEER on a monthly basis in direct proportion to the Contractor's earn- <br /> <br />ings. The ENGINEER will submit a statement each month for this pay- <br /> <br />men t. <br /> <br />4.2.5 <br /> <br />Oth~ CO/l.6~d~a.Uolt6 OM Payme~. If the OWNER receives <br /> <br />construction bids fDr the PROJECT and does not award a contract, the <br /> <br />total B~~e ChaJtge earned and to be paid to the ENGINEER shall be based <br />on the applicable percentage of construction costs of the lowest bona <br />fide bid received; or if the OWNER fails to advertise the construction <br /> <br />bids or otherwise does not receive construction bids, the construction <br /> <br />cost to be used in determining the payment due the ENGINEER will be <br /> <br />based on the ENGINEER'S opinion of the construction cost furnished the <br /> <br />OWNER pursuant to paragraph 2.3.7. <br /> <br />-14- <br />