Common use of Not to Exceed Clause in Contracts

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C, 2A-2C) $160,635 Subtotal OPTIONAL Professional Services: (Task 3) $15,000 Total NTE Amount (Including OPTIONAL Services) $175,635

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C, 2A-2C1.0 to 5.0) $160,635 $ 23,300 Subtotal OPTIONAL Professional Services: (Task 3X.X) $15,000 $ 0 Total NTE Amount (Including OPTIONAL Services) $175,63523,300

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C, 2A-2C1.0 to 5.0) $160,635 $ 29,450 Subtotal OPTIONAL Professional Services: (Task 3X.X) $15,000 $ 0 Total NTE Amount (Including OPTIONAL Services) $175,63529,4500

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C1 through 8, 2A-2C10, 11, 12) $160,635 78,070 Subtotal OPTIONAL Professional Services: (Task 3Tasks 9, 13, 14) $15,000 18,760 Total NTE Amount (Including OPTIONAL Services) $175,63596,830

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C1-4, 2A-2C5A, 5B, 6-11) $160,635 218,380 Subtotal OPTIONAL Professional Services: (Task 3Tasks 5C, 12-15) $15,000 44,420 Total NTE Amount (Including OPTIONAL Services) $175,635262,800

Not to Exceed. The maximum amount payable to Contractor to complete each task is equal to the not-to-exceed amounts identified in Attachment B. Contractor may submit a written request to the City’s Project Manager to reallocate not-to-exceed amounts between Tasks. The request to reallocate must be accompanied by a revised fee schedule with associated revised not-to-exceed amounts and must be approved in writing by the City’s Project Manager prior to performance of the work. Contractor shall not be compensated in excess of the Total not-to-exceed Contract amount: Subtotal Professional Services: (Tasks 1A-1C, 2A-2C) $160,635 Subtotal OPTIONAL Total Professional Services: (Task 31 through 5) $15,000 58,630 Total OPTIONAL Services: (N/A) Total NTE Amount (Including OPTIONAL Services) $175,63558,630