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C. For services rendered by ENGINEER's principals and employees to <br />appear as consultants or witnesses in any litigation, arbitration or <br />other legal or administrative proceeding, except for time spent in <br />preparing to appear in any such litigation, arbitration or proceeding, <br />at the rate of $2,500.00 per principal or employee per day or any <br />portion thereof. <br />d. The hourly rates, which are attached as Exhibit 2 and used as a <br />basis for payment, mean salaries and wages (basic and incentive) <br />paid to all ENGINEER's personnel engaged directly on the project, <br />including, but not limited to, engineers, architects, surveyors, <br />planners, designers, draftsmen, specification writers, estimators, <br />other technical and business personnel, and include the cost of <br />customary and statutory benefits including, but not limited to, social <br />security contributions, unemployment, excise and payroll taxes, <br />worker's compensation, health and retirement benefits, sick leave, <br />vacation and holiday pay, other group benefits, overhead expenses <br />and profit. <br />e. Reimbursable Expenses mean the actual expenses incurred by <br />ENGINEER or ENGINEER's independent professional associates <br />or consultants, directly or indirectly in connection with the project, <br />such as expenses for: transportation and subsistence incidental <br />thereto; obtaining bids for proposals from Contractor(s), overnight <br />mail, facsimile (FAX) transmittals, toll telephone calls and <br />telegrams; reproduction of reports, drawings, specifications, bidding <br />documents, flow meter batteries, and similar project related items in <br />addition to those required under Appendix "A "; and, if authorized in <br />advance by the OWNER, overtime work requiring higher than <br />regular rates. <br />B. Method of Payment for Design Services <br />1. The ENGINEER may submit a maximum of one invoice voucher per <br />calendar month for work covered under this Agreement. The invoice <br />voucher shall be submitted to the OWNER. The invoice voucher shall <br />represent the value, to the OWNER, of the partially completed work as of <br />the date of the invoice voucher and /or in accordance with hours performed <br />for Hourly Rate tasks. The ENGINEER shall attach thereto a summary of <br />each pay item in Section A.2 of this Appendix, percentage completed, <br />hours performed and prior payments. <br />2. The OWNER for and in consideration of the rendering of the additional <br />services provided in Appendix "E ", agrees to pay the ENGINEER for <br />rendering such services the payments established above upon completion <br />of the work thereunder and acceptance thereof by the OWNER. <br />f Ireland Road Right of Way Acquisition Services <br />Page 3of4 <br />APPENDIX "D" <br />September 2012 <br />