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<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 Four Million Nine Hundred Fifty-five <br />Thousand Fifty-seven and No/100 Dollars ($4,955,057.00) subject to (B) of this section and the <br />other terms and conditions of this Agreement and the documents incorporated herein, such as <br />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. Payment Procedure. The FAP shall be disbursed to CM/GC in accordance with the <br /> <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. Payment 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 cost/expense 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 approval 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. Payment. 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/50? 588v? <br /> <br />Page 4 of 30 <br /> <br />"'.'-""'-'.'-""'T' <br />