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� , /. F (� <br /> Agreement setting forth the "Final Agreed Price," on the form attached as Exhibit "C" attached <br /> hereto and incorporated by this reference. <br /> C. Limit on FAP. The FAP shall not exceed the sum of Five Million Fifty Three Thousand <br /> Four Hundred Ninety Five and No/100 Dollars ($5,053,495.00) subject to (B) of this section and <br /> the other terms and conditions of this Agreement and the documents incorporated herein, such <br /> as General Conditions. The FAP shall not increase unless the performance of Services and/or <br /> cost of the Work in excess of that amount has been approved in advance by the City Council <br /> and is evidenced by a motion duly made and carried. Before the City/Agency will consider an <br /> increase in the FAP, CM/GC must identify and document how circumstances beyond its <br /> reasonable control have increased the time and/or costs of performing the Services. <br /> D. Pavment Procedure. The FAP shall be disbursed to CM/GC in accordance with the <br /> terms and conditions of this Agreement, including provisions concerning CM/GC's fee and <br /> amounts to be paid for Contingency items. Subject to the terms and conditions of this <br /> Agreement or as specifically otherwise required by law, any and all expenses and costs for <br /> labor or materials, or other related expenses within the scope of CM/GC's Services or the <br /> Construction Costs under this Agreement that are above the FAP shall be paid by CM/GC as its <br /> sole responsibility. <br /> E. Pavment Applications. Compensation and reimbursement of Construction Costs shall <br /> be paid based upon monthly applications for payment from CM/GC to City/Agency, which <br /> applications shall include the following information and materials: <br /> 1) an itemized statement, describing in detail the Services and Work performed by <br /> CM/GC on an hourly basis, by task and labor category or cosVexpense items billed. <br /> 2) an itemized statement describing the Construction Cost for the Work performed <br /> by task and labor category or cost/expense, with invoices from each Trade Contractor for whose <br /> work CM/GC seeks payment. <br /> 3) Conditional waiver and release of lien forms as prescribed by Civil Code Section <br /> 3262 completed by CM/GC and every Trade Contractor and material supplier for whose work <br /> CM/GC seeks payment. <br /> 4) CM/GC's written verification and approvat of the Trade Contractor's billings as <br /> correct and in accordance with the requirements of this Agreement. <br /> 5) Each of the monthly reports described in Exhibit A. <br /> F. Pavment. City/Agency shall review each Payment Application promptly upon receipt of <br /> the complete application. City/Agency will return any incomplete application without payment. <br /> City/Agency will make payment of the approved amounts in each application for payment for <br /> within thirty (30) days of receipt of a complete request for compensation and reimbursement <br /> Atty/Agr/2005.003 <br /> 030805/L.Beck/607588v7 Page 4 of 30 <br />