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Version 6-8-2017 <br />33 <br />Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated <br />hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized <br />costs as shown herein in Appendix "D", Section A.2. <br />The cost of permit application/regulatory fees will be considered as a reimbursable expense. <br />The CONSULTANT shall not be paid for any services performed by the LPA or not required to <br />develop this project. <br />3.For services and Reimbursable Expenses of independent professional associates, reimbursable <br />railroad expenses and consultants employed by CONSULTANT, the CONSULTANT shall be <br />reimbursed for the invoiced amount of said services. <br />4.For those services performed by the CONSULTANT, which are included in the itemized costs, as <br />shown herein in Appendix “D”, Section 2 as an “Hourly Rate”, the CONSULTANT will be paid <br />on the basis of actual hours of work performed by essential personnel exclusively on this Agreement <br />at the employee classification hourly rate in accordance with the CONSULTANT’s fee structure <br />attached in Appendix F. <br />5.The CONSULTANT shall receive as payment from the LPA for the Additional Services rendered <br />under this Agreement as follows: <br />a.For Additional Services of CONSULTANT's principals and employees engaged on the <br />project, except services to appear as a consultant or witness, on the basis of the employee <br />classification hourly rate and all Reimbursable Expenses incurred in connection with all <br />Additional Services in accordance with the CONSULTANT's fee structure attached as <br />Exhibit F to this Agreement and made an integral part hereof only after approval of a <br />supplemental agreement between the LOCAL PUBLIC AGENCY and CONSULTANT. <br />b.For services and Reimbursable Expenses of independent professional associates and <br />consultants employed by CONSULTANT to render Additional Services, the <br />CONSULTANT shall be reimbursed for the invoiced amount of said services. <br />c.For services rendered by CONSULTANT's principals and employees to appear as <br />consultants or witnesses in any litigation, arbitration or other legal or administrative <br />proceeding, except for time spent in preparing to appear in any such litigation, arbitration <br />or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion <br />thereof. <br />d.The hourly rates, which are attached as Exhibit F and used as a basis for payment, mean <br />salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged <br />directly on the project, including, but not limited to, engineers, architects, surveyors, <br />planners, designers, draftsmen, specification writers, estimators, other technical and <br />business personnel, and include the cost of customary and statutory benefits including, but <br />not limited to, social security contributions, unemployment, excise and payroll taxes, <br />worker's compensation, health and retirement benefits, sick leave, vacation and holiday <br />pay, other group benefits, overhead expenses and profit. <br />e.Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or <br />CONSULTANT 's independent professional associates or consultants, directly or indirectly <br />in connection with the project, such as expenses for: transportation and subsistence <br />incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail, <br />reproduction of reports, drawings, specifications, bidding documents and similar project <br />related items in addition to those required under Appendix "A"; and, if authorized in <br />advance by the LPA, overtime work requiring higher than regular rates.