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Article 5. CLIENT agrees to designate a representative for the Project to be solely responsible for all CLIENT actions under this agreement, and who will receive, review and respond in a timely manner to all questions and requests from BC; and to pay, within thirty (30) calendar days, all invoices approved by BC and transmitted to the CLIENT for payment, not exceeding the portions of the budget shown on the attached Exhibit II. BC agrees that no service, work or construction contained in the scope of services as defined in the Guaranteed Maximum Price (GMP) contract shall be left incomplete. The Construction Manager will have a labor and material and performance bond that guarantees completion of those services contained in the GMP contract. Article 6. BC does not guarantee the Project can be completed within the budget shown in the attached Exhibit II, but does agree not to commit funds in excess of this budget without mutual agreement and an Amendment to this agreement authorizing such increase within the sole discretion of the City. Article 7. BC's administrative fees for the various project management services are based on services as shown in Exhibit I and shall be as follows: ONE HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED TWENTY DOLLARS ($189,920.00) This fee shall include transporation, reproduction of documents, telephone/fax, insurance, etc. There shall be no additional charges to this fee except as otherwise provided hereinbelow. If the Project Budget is increased in excess of $500,000.00 BC's fee shall be increased by 2% of the revised budget in excess of $10,500,000.00. If the Design and Construction Schedule exceeds 20 months then the monthly fee will be $9,496.00 per month, conversely if the project can be completed earlier than the scheduled 20 months the fee will be reduced by $9,496.00 per month. Article 8. BC's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the total amount due and the CLIENT will issue a Purchase Order to BC. The Purchase Order will identify a Fiscal Contact Representative to be responsible for all payments under this agreement. Payments are to be made in 20 consecutive monthly payments against the invoice/Purchase Order based on a 20 month final completion date. $189,920.00 - 20 Months = $9,496.00 20 Equal Monthly Payments of $9,496.00 Article 9. Attendance at Commission meetings and/or workshops shall be part of the services provided within the fixed fee described above, provided however, BC shall not be required to appear more than one time per month at a Commission meeting or workshop. Article 10. This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. In case of termination, BC, its Contractors and Architect -Engineer's shall be paid for services actually performed up to the date of termination based on time, provided however, if this agreement is terminated by BC's failure to perform within the sole determination of the City, and BC, after seven (7) days written notice, fails to cure such default, the Owner may terminate this agreement and BC will provide copies of all records to the date of termination related to this project to the City of Sunny Isles Beach. Article 11. In the event of a dispute between the parties, venue shall be located in Miami -Dade County, and the prevailing party shall be entitled to all reasonable attorney's fees and costs, up to and including the appellate levels. Article 12. All documents that relate to the project in possession of BC or the Owner are considered public records. Article 13. Included in the basic services are 8 hours of inspection time per week, in the event that the Owner wishes to incorporate more inspection time, the hourly rate for such services shall not exceed $52.28 per hour plus state rate for travel and per diem.