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 through 8, 10, 11, 12) $78,070 Subtotal OPTIONAL Professional Services: (Tasks 9, 13, 14) $18,760 Total NTE Amount (Including OPTIONAL Services) $96,830

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 1 through 81A-1C, 10, 11, 122A-2C) $78,070 160,635 Subtotal OPTIONAL Professional Services: (Tasks 9, 13, 14Task 3) $18,760 15,000 Total NTE Amount (Including OPTIONAL Services) $96,830175,635

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 1 through 8, 10, 11, 121.0 to 5.0) $78,070 $ 29,450 Subtotal OPTIONAL Professional Services: (Tasks 9, 13, 14Task X.X) $18,760 $ 0 Total NTE Amount (Including OPTIONAL Services) $96,83029,4500

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 Total Professional Services: (Tasks Task 1 through 8, 10, 11, 125) $78,070 Subtotal 58,630 Total OPTIONAL Professional Services: (Tasks 9, 13, 14N/A) $18,760 Total NTE Amount (Including OPTIONAL Services) $96,83058,630

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 through 8, 10, 11, 121.0 to 5.0) $78,070 $ 23,300 Subtotal OPTIONAL Professional Services: (Tasks 9, 13, 14Task X.X) $18,760 $ 0 Total NTE Amount (Including OPTIONAL Services) $96,83023,300

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 through 81-4, 105A, 5B, 6-11, 12) $78,070 218,380 Subtotal OPTIONAL Professional Services: (Tasks 95C, 13, 1412-15) $18,760 44,420 Total NTE Amount (Including OPTIONAL Services) $96,830262,800