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or train travel will be reimbursed only to economy class levels unless otherwise approved by the <br /> AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel <br /> costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules <br /> and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with <br /> 48 Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for Direct <br /> Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the <br /> PROJECT. The CONSULTANT shall maintain the original supporting documents in their <br /> office. Copies of the original supporting documents shall be supplied to the AGENCY upon <br /> request. All above charges must be necessary for the services provided under this <br /> AGREEMENT. <br /> 4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit, is shown in the <br /> heading of this AGREEMENT under Fixed Fee. This amount does not include any additional <br /> Fixed Fee,which could be authorized form the Management Reserve Fund. This fee is based on <br /> the Scope of Work defined in this AGREEMENT and the estimated person-hours required to <br /> perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental <br /> AGREEMENT for additional work,the supplemental AGREEMENT may include provisions <br /> for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid <br /> monthly in proportion to the percentage of work completed by the CONSULTANT and reported <br /> in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee <br /> earned but not previously paid in the progress payments will be covered in the final payment, <br /> subject to the provisions of Section IX entitled"Termination of Agreement." <br /> 5. Management Reserve Fund:The AGENCY may desire to establish a Management Reserve <br /> Fund to provide the Agreement Administrator with the flexibility to authorize additional funds <br /> to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for <br /> additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall <br /> be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount <br /> Authorized as shown in the heading of this AGREEMENT. The amount included for the <br /> Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not <br /> be replenished. Any changes requiring additional costs in excess of the Management Reserve <br /> Fund shall be made in accordance with Section XIV,"Extra Work." <br /> 6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to <br /> the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the <br /> heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total <br /> Amount Authorized,and the Management Reserve Fund. The Maximum Total Amount <br /> Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work." <br /> No minimum amount payable is guaranteed under this AGREEMENT. <br /> B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for <br /> reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the <br /> progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied <br /> by the monthly progress reports required under Section III,"General Requirements"of this <br /> AGREEMENT. The billings will be supported by an itemized listing for each item including Direct <br /> Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed <br /> Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees,the <br /> AGENCY may conduct employee interviews. These interviews may consist of recording the names, <br /> titles,salary rates,and present duties of those employees performing work on the PROJECT at the time <br /> of the interview. <br /> C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will <br /> be made promptly upon its verification by the AGENCY after the completion of the work under this <br /> AGREEMENT,contingent upon receipt of all PS&E,plans, maps, notes,reports,electronic data and <br /> 12 <br /> DOT Form 140-089 EF Page 20 <br /> Revised 6/05 <br />