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<br />This is Task Order No. 4, Amendment 5, <br />consisting of 2 pages. Task Order No. 4, Amendment 5 <br />In accordance with Paragraph 1.01 of the Agreement Between Fargo-Moorhead Flood Diversion Authority <br />(“Owner”) and Houston-Moore Group, LLC (HMG) (“Engineer”) for Professional Services – Task Order Edition, <br />dated March 8, 2012 ("Agreement"), Owner and Engineer agree as follows: <br />The parties agree that in the event of a conflict between prior versions of this Task Order No. 4 and this <br />Amendment, the terms and conditions in this Amendment shall prevail, provided however, nothing herein shall <br />preclude ENGINEER from invoicing for work authorized under prior versions of this Task Order and performed prior <br />to effective date of this Amendment, even to the extent such prior work was revised by this Amendment. All other <br />terms and conditions shall remain the same and are hereby ratified and affirmed by the parties. <br />This amendment constitutes the entire agreement between the parties with respect to the closeout of the Task <br />Order, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, <br />regarding such subject matter. <br />This modification is hereby issued to administratively close out Task Order No. 4, which expired December 31, <br />2014. Task Order No. 4 is 100% complete and final invoice #1169 (dated 04/30/2015) has been paid. <br />5. Payments to Engineer <br /> DELETE and REPLACE Payments to Engineer in its entirety with the following: <br />A. Owner shall pay Engineer for services rendered as follows: <br />i. Compensation for services identified under Subtasks 100 through 700 shall be on a Time <br />and Material basis in accordance with the Standard Hourly Rates shown in Appendix 2 of <br />Exhibit C of the Agreement. <br />ii. The total compensation for services identified under the Task Order for Subtasks 100 <br />through 700 is not-to-exceed total amount as defined in the table below. <br />Subtask <br />Current Budget <br />($) <br />Change <br />($) <br />Revised Budget <br />($) <br />100 Project Management and <br />Coordination <br /> 106,000.00 -43,709.75 62,290.25 <br />200 Field Survey 90,000.00 -35,707.29 54,292.71 <br />300 Roadway Design 144,000.00 52,578.15 196,578.15 <br />400-409 Preliminary Bridge Design 245,000.00 -1,089.27 243,910.73 <br />410 Preliminary Channel Design 128,000.00 -29,804.68 98,195.32 <br />500-509 Final Bridge Design Calculations 184,000.00 57,559.69 241,559.69 <br />510 Final Channel Design 66,000.00 6,916.58 72,916.58 <br />600-609 Bridge Plan Preparation 247,000.00 -30,809.16 216,190.84 <br />610 Channel Plan Preparation 156,000.00 84,968.60 240,968.60 <br />700 Quality Assurance/Quality <br />Control <br /> 200,000.00 -81,112.82 118,887.18 <br />TOTAL 1,566,000.00 -20,209.95 1,545,790.05 <br />B. The terms of payment are set forth in Article 4 of the Agreement and in Exhibit C. <br />HMG_TO4-A5_Short.docx 1 <br />DR <br />A <br />F <br />T