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This is EXHIBIT C, consisting of pages, referred to <br />in and part of the Agreement between Owner and <br />Engineer for Professional Services dated , <br />Payments to Engineer for Services and Reimbursable Expenses <br />COMPENSATION PACKET BC-3: Basic Services — Percentage of Construction Cost <br />Article 2 of the Agreement is supplemented to include the following agreement of the parties: <br />ARTICLE 2 — OWNER'S RESPONSIBILITIES (DELETED) <br />C2.01 Compensation for Basic Services (other than Resident Project Representative) — Percentage of <br />Construction Cost Method of Payment <br />A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of <br />Engineer's Resident Project Representative, if any, as follows: <br />General: An amount equal to percent of the Construction Cost. This amount <br />includes compensation for Engineer's Services and services of Engineer's Consultants, if <br />any. The percentage of Construction Cost noted herein accounts for labor, overhead, profit, <br />and Reimbursable Expenses. <br />2. As a basis for payment to Engineer, Construction Cost will be based on one or more of the <br />following determinations with precedence in the order listed for Work designed or specified <br />by Engineer: <br />a. For Work designed or specified and incorporated in the completed Project, the actual <br />final price of the Construction Contract(s), as duly adjusted by change orders. <br />b. For Work designed or specified but not constructed, the lowest bona fide Bid received <br />from a qualified bidder for such Work; or, if the Work is not bid, the lowest bona fide <br />negotiated proposal for such Work. <br />c. For Work designed or specified but not constructed upon which no such Bid or proposal <br />is received, Engineer's most recent opinion of probable Construction Cost. <br />d. Labor furnished by Owner for the Project will be included in the Construction Cost at <br />current market rates including a reasonable allowance for overhead and profit. <br />Materials and equipment furnished by Owner will be included at current market prices. <br />e. For purposes of determining Construction Cost under this provision, no deduction is to <br />be made from Construction Contract pricing on account of any penalty, liquidated <br />damages, or other amounts withheld from payments to Contractor(s). <br />Page 1 <br />Exhibit C — Compensation Packet BC-3: Basic Services (other than RPR) —Percentage of Construction Cost Method of Payment <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. <br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />