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 1-4, 5A, 5B, 6-11) $218,380 Subtotal OPTIONAL Professional Services: (Tasks 5C, 12-15) $44,420 Total NTE Amount (Including OPTIONAL Services) $262,800

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 1-41A-1C, 5A, 5B, 6-112A-2C) $218,380 160,635 Subtotal OPTIONAL Professional Services: (Tasks 5C, 12-15Task 3) $44,420 15,000 Total NTE Amount (Including OPTIONAL Services) $262,800175,635

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 Total Professional Services: (Tasks 1-4, 5A, 5B, 6-11Task 1 through 5) $218,380 Subtotal 58,630 Total OPTIONAL Professional Services: (Tasks 5C, 12-15N/A) $44,420 Total NTE Amount (Including OPTIONAL Services) $262,80058,630

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 1-4, 5A, 5B, 6-111.0 to 5.0) $218,380 $ 23,300 Subtotal OPTIONAL Professional Services: (Tasks 5C, 12-15Task X.X) $44,420 $ 0 Total NTE Amount (Including OPTIONAL Services) $262,80023,300

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 1-4, 5A, 5B, 6-111.0 to 5.0) $218,380 $ 29,450 Subtotal OPTIONAL Professional Services: (Tasks 5C, 12-15Task X.X) $44,420 $ 0 Total NTE Amount (Including OPTIONAL Services) $262,80029,4500

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 1-41 through 8, 5A10, 5B11, 6-1112) $218,380 78,070 Subtotal OPTIONAL Professional Services: (Tasks 5C9, 12-1513, 14) $44,420 18,760 Total NTE Amount (Including OPTIONAL Services) $262,80096,830