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5 .4 BASIS OF FEE DETERMINATION <br /> 5 .4 . 1 The Engineer ' s Cost shall be determined from the <br /> Engineer' s Payroll Cost. The payroll costs used as a <br /> basis for payment shall mean the salaries and wages paid <br /> to principals and employees engaged directly on the <br /> Project , including but not limited to , engineers , <br /> architects , surveymen , designers , draftsmen , <br /> specification writers, estimators , other technical <br /> personnel , stenographers , typists and clerks; plus the <br /> cost of fringe benefits including , but not limited to, <br /> social security contributions, unemployment, excise and <br /> payroll taxes , workmen' s compensation , health and <br /> retirement benefits , bonuses , sick leave, vacation and <br /> holiday pay applicable thereto; the Engineer's general <br /> overhead cost as determined by an independent Certified <br /> Accountant. The general overhead rates may be adjusted <br /> at the beginning of each year commencing with the month <br /> of January based on the previous year's overhead cost. <br /> The Engineer's most recent overhead calculations shall be <br /> presented for the Owner' s approval and attached to the <br /> Contract as Exhibit "C" . <br /> 5 .4 . 2 Base Wage Rates for the respective classifications and <br /> other reimbursable expenses shall not exceed the rates <br /> listed in Exhibit "B" attached . <br /> 5 .4 .3 If the OWNER fails to make any payment due the ENGINEER <br /> on account of his services and expenses within thirty <br /> ( 30 ) days after receipt of the ENGINEER' S invoice <br /> therefore, the amounts due the ENGINEER shall bear <br /> interest at the rate of one percent per month from said <br /> thirtieth (30th) day, and in addition the ENGINEER may, <br /> after giving seven days written notice to the OWNER, <br /> suspend services under this Agreement until he has been <br /> paid in full all amounts due him on account of his <br /> services and expenses. <br /> 5 .4 . 4 If this Agreement is terminated upon the completion of <br /> the ENGINEER'S services under any phase of the services <br /> called for, progress payments to be made to the ENGINEER <br /> on account of services rendered shall constitute total <br /> payment for services rendered. If this Agreement is <br /> terminated during any phase of Basic Services the <br /> ENGINEER shall be paid for services rendered to the date <br /> of termination. In the event of any termination, the <br /> ENGINEER will be paid for all his reasonable expenses <br /> resulting from such termination, and for any unpaid <br /> reimbursable expenses . <br /> 5 .4 . 5 No decuction shall be made from the ENGINEER' S <br /> compensation on account of penalty, liquidated damages, <br /> or other amounts withheld from payments to the <br /> Contractor(s). <br /> • <br /> 8 <br />