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the "Phase I Environmental Report" prepared by Bay Area Geotechnical Group and dated <br />March 15, 1999, copies of which have been provided to DB by City. <br /> <br /> c. Nothing contained in the Agreement shall create a contractual <br /> <br />relationship between City and any third party; however, it is understood and agreed that City is <br />an intended third-party beneficiary of all contracts for design or engineering services, all <br />subcontracts, purchase orders, and other agreements between the DB and third parties. The <br />DB shall incorporate the obligations of this Agreement into its respective subcontracts, supply <br />agreements and purchase orders. <br /> <br /> 3. COMPENSATION; EXPENSES; PAYMENT. <br /> <br /> (a) DB Compensation. Compensation will be made in accordance with the <br /> <br />schedule of payments corresponding to the Phases of services to be performed and more fully <br />described in Exhibit "F" attached hereto and incorporated herein by this reference. City shall <br />compensate DB for all services performed by DB hereunder in an amount based on a <br />percentage of completion. <br /> <br /> Notwithstanding the foregoing, the combined total of compensation and <br />reimbursement of costs payable hereunder for architectural engineering construction <br />management; general contractor and related services, as described in Exhibits "A-E", shall not <br />exceed the sum of Five Hundred Forty-five Thousand Five Hundred and No/100 Dollars <br />($545,500; the DB's Fee") unless the performance of services and/or reimbursement of costs <br />and expenses in excess of said amounts have been approved in advance of performing such <br />services of incurring such costs and expenses by City's City Council, evidenced by motion duly <br />made and carried. <br /> <br />Agmt-247 <br />F/sh/sWRC/Council <br /> <br />FXS;rg <br />03/29/99R;O4/OS/99R, 04/07/99R <br /> -13- <br /> <br /> <br />