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6 . �. F-S <br /> incorporated herein by this reference. Construction of the Project shall be in strict compliance <br /> with the Contract Documents, which documents are incorporated herein by this reference as if <br /> fully set forth herein. CM/GC shall accept the assignment of Trade Contracts from the <br /> City/Agency as described in Exhibit "A". <br /> Section 3. CM/GC's QUALIFICATIONS: CM/GC represents that it has the necessary <br /> license, as well as the expertise and experience in the rehabilitation of historic structures, <br /> constructability review, estimating, value engineering, bid evaluation, project scheduling, cost - <br /> benefit analysis, claims review and negotiation; and general management and administration of <br /> construction projects, to complete the Project within the Contract Time and Contract Budget. <br /> Section 4. PERFORMANCE OF THE WORK: All of the Work to be done on the Project <br /> shall be done in accordance with the Contract Documents and with and to the approval of <br /> City/Agency or its authorized representative, and CM/GC shall cause the Work to be done in the <br /> best workmanlike manner, conforming strictly to the provisions of the Contract Documents, and <br /> within the Contract Time. CM/GC shall be responsible to City/Agency for the acts and <br /> omissions of CM/GC's agents, employees and Trade Contractors and their agents and <br /> employees, in connection with work performed under this Agreement. <br /> Section 5. COMPENSATION; EXPENSES; PAYMENT: <br /> A. CM/GC Fee. City/Agency shall pay CM/GC a fee for Services performed hereunder <br /> (excluding Work performed by CM/GC's own employees) in an amount based upon CM/GC's <br /> hourly rates described in Exhibit "B", attached hereto and by this reference incorporated herein. <br /> City/Agency shall not pay CM/GC more than One Hundred Eighty Three Thousand Seven <br /> Hundred Eight and No/100 Dollars ($183,708.00) in fee unless the increased payment has been <br /> approved in advance by the City Council and is evidenced by a motion duly made and carried. <br /> Payment of the fee will be made in accordance with the schedule of payments corresponding to <br /> the Services to be performed and more fully described in Exhibit "B". <br /> B. Final Agreed Price. The Final Agreed Price (the "FAP") for the Project shall consist of <br /> the following elements: (1) the sum of all Trade Contracts and other costs of the Work not <br /> otherwise accounted for as General Conditions; (2) CM/GC's fee, as defined above; (3) the <br /> General Conditions Costs, and (4) the Contingency amour,ts, as defined in subparagraph (H), <br /> below, that are actually expended in perFormance of the Work. Items B(1), (2) and (3) in the � <br /> previous sentence shall be referred to herein as the "Construction Costs." Upon receipt and <br /> approval of all Trade Contracts, CM/GC and City/Agency shall execute an Amendment to this <br /> Atty/Ag r/2005.003 <br /> 030805/L.Beck/607588v7 Page 3 of 30 <br />