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1 Exhibit D-1 <br /> Payment (Cost Plus a Fixed Fee) <br /> The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this <br /> AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services <br /> rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work specified <br /> in Section II,"Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. <br /> A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the <br /> CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, <br /> overhead,direct non-salary costs,and fixed fee. <br /> 1. Direct Salary Costs:The Direct Salary Cost is the direct salary paid to principals,professional, <br /> technical,and clerical personnel for the time they are productively engaged in work necessary to <br /> fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to <br /> verify the direct salary costs billed to the AGENCY. <br /> 2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are included as <br /> such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress <br /> payment shall be made at the rate shown in the heading of this AGREEMENT under"Overhead <br /> Progress Payment Rate." Total overhead payment shall be based on the method shown in the <br /> heading of the AGREEMENT. The two options are explained as follows: <br /> a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the <br /> AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate <br /> shown.This rate shall not change during the life of the AGREEMENT. <br /> b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the <br /> AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by <br /> audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT, <br /> when accumulated with all other Actual Costs. <br /> A summary of the CONSULTANTS cost estimate and the overhead computation is <br /> shown in Exhibit"E"attached hereto and by this reference made apart of this <br /> AGREEMENT. When an Actual Cost method is used,the CONSULTANT(prime and <br /> all sub-consultants)will submit to the AGENCY within six(6)months after the end of <br /> each firm's fiscal year, an overhead schedule in the format required by the AGENCY <br /> (cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for <br /> billing purposes. It shall be used for the computation of progress payments during the <br /> following year and for retroactively adjusting the previous year's overhead cost to reflect <br /> the actual rate. <br /> Failure to supply this information by either the prime CONSULTANT or any of their <br /> sub-consultants shall cause the AGENCY to withhold payment of the billed overhead <br /> costs until such time as the required information is received and an overhead rate for <br /> billing purposes is approved. <br /> The AGENCY, STATE and/or the Federal Government may perform an audit of the <br /> CONSULTANT'S books and records at any time during regular business hours to <br /> determine the actual overhead rate, if they so desire. <br /> 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the <br /> y^ CONSULTANT. These charges may include,but are not limited to,the following items:travel, <br /> printing, long distance telephone,supplies,computer charges and fees of sub-consultants. Air <br /> DOT Form 140-089 EF Page 19 <br /> Revised 6/05 <br />