1996 S Housing - Owner and Coulter, Hart Jewell Thames PA Engineering Services Consultant

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4.3. In the event the Contractor(s)do not complete their work within the time set forth in the Bidding Documents,the maximum total payment for the Engineering services will be negotiated to accommodate a revised scope of services. 4.4. If the ENGINEER's services during construction of the Project are delayed or suspended in whole or in part by the OWNER for more than three months for reasons beyond the ENGINEER's control, the ENGINEER shall, on written demand to the OWNER (but without termination of this Agreement), be paid as if termination had occurred. If such delay or suspension extends for more than one year for reasons beyond the ENGINEER's control, or if the ENGINEER for any reason is required to render services more than one year after Substantial Completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. SECTION 5-PAYMENT TO THE ENGINEER 5.1. Payments for Basic Services of the ENGINEER under Section 1. For the basic services to be performed by the ENGINEER under paragraphs 1.4., 1.5. and 1.6. - Final Design Phase, Bidding Phase and Construction Phase, the OWNER agrees to pay the ENGINEER the following cost not to exceed prices: Final Design/Bidding Phase/Boundary Surveys $14,360 Construction Phase 9,600 Geotechnical Services and Materials Testing 5,000 Total $28,960 Hourly rates for all applicable services will be applied against the Not-to-Exceed Costs above in accordance with the rates delineated in the fee schedule with the Letter of Interest and Statement of Qualifications dated 10-18-96. 5.2. In the event of termination by the OWNER under paragraph 7.1. upon the completion of any phase of the Basic Services, progress payments due the ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the OWNER during any phase of the Basic Services, the ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by the ENGINEER to render Basic Services. In the event of any such termination, the ENGINEER will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination. SECTION 6-CONSTRUCTION COST,PROJECT COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cost")means the total cost to the OWNER of those portions of the entire Project designed and specified by the ENGINEER, but it will not include the ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to properties, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to the OWNER pursuant to Section 3. 6.2. Project Cost. The ENGINEER's opinion of probable costs for the Project means the following costs: Construction Cost, allowance f or Engineering costs and contingencies, and (on the basis of information furnished by the OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for the 9