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2 <br />1.SCOPE OF SERVICES <br />Contractor shall perform design and construction services as set forth in Section 3, <br />Design-Build Documents, which incorporates the scope of work attached hereto as Exhibit A <br />and incorporated herein by reference. Contractor shall exercise reasonable skill and judgment <br />in the procurement and provision of the Work, as defined herein, consistent with the <br />applicable industry practices and the terms and conditions of the Design Build Documents. <br />2.COMPENSATION <br />City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended under this <br />Agreement shall not exceed $4,972,150.98 during the term of this Agreement, including a ny <br />extension periods exercised under Section 3 (the “Contract Price”). After the City issues the <br />Notice to Proceed for the Work, the City shall render a down payment of $994,430.20 (“Down <br />Payment”) from t he Contract Price so t hat Cont ractor may order equipment and commence the <br />Work specified in the Design-Build Documents. <br />All invoices for work performed under this Agreement shall be submitted in a format <br />approved by the City. Invoices shall include t he following information at a min imu m: (i) <br />Contractor’s invoice number, (ii) beginning and ending dates for services, (iii) City project <br />number and/or name (if applicable), (iv) work si te address/location (if applicable), and (v) <br />tasks or deliverables co mpleted and % of total services completed. Within fifteen (15) <br />business da ys of r eceipt, City shall notify Contractor in writing if City has any objection to <br />any invoice. City shall be deemed to have approved all invoices for which it has not made a <br />timely written objection. <br />Payment by Ci ty shall be made wi thin for ty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />3.DESIGN-BUILD DOCUMENTS <br />The complete Agreement consists of the “Design-Build Documents” as defined by the <br />Standard Specifications for Public Works Construction (the “Greenbook”), Exhibit A, all <br />design documents hereafter prepared by Contractor and approved by City in accordance with <br />this Agreement, other documents listed in this Agreement, Request for Proposals (“RFP”) No. <br />20-095, Contractor’s Proposal No. Q-00390 to City’s RFP dated July 7, 2022, and any <br />modifications, including without limitation Change Orders, issued after execution of this <br />Agreement. All such documents are incorporated herein by reference and made a part of this <br />Agreement. This Agreement is intended to be an integral whole and shall be interpreted as <br />internally consistent and in accordance with section 2-5.2 of the “Greenbook”. Work required <br />by any page, part, or portion of the Agreement shall be deemed to be required work as if called <br />for in the whole Agreement, and no claim for extra work shall be based upon the fact that the <br />description of the work in question is incomplete. “Work” shall mean the design, construction, <br />and related services required to fulfill Contractor's obligations under the Design-Build <br />Documents, whether completed or partially completed, and includes all labor, materials,