Serving as a Witness. Preparing to serve or serving as a witness in connection with any public hearing (except for a contractor’s hearing necessitated by its request to substitute a subcontractor), dispute resolution proceeding or legal proceeding, other than that necessitated by the negligent acts, errors or omissions of Construction Manager or where the Construction Manager is party thereto. The hourly rates which include direct costs, indirect costs, overhead, administrative costs, and profit, to be utilized in arriving at a negotiated fee for Extra Services, are set forth in Exhibit E. Payment for Extra Services will be either on a time and materials basis or a firm fixed price, as determined by the Judicial Council. If the Project is delayed more than 180 days, based on the original schedule listed in Exhibit D, Judicial Council will adjust the Construction Manager’s hourly rates using the US Department of Labor CPI index for urban wage earners and clerical workers, US city average. Any escalation costs shall be capped at a ten percent (10%) increase from the original cost.
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