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Work in excess of that amount has been approved in advance by the City Council and is evidenced by a motion duly made and carried. Before the City/Agency will consider an increase in the FAP, cM/Gc must identify and document how circumstances beyond its reasonable control have increased the time and/or costs of performing the Services." 3. That paragraph G of Section 1 of the Original Agreement is hereby amended to read as follows: "Project Budget" is the sum of all estimated construction costs, including Trade Contracts (as defined below), plus all CM/GC's fees and costs, including all fees and costs set forth in the Project Authorization, Contingency Funds, any and all other consulting costs and any and all costs which are not otherwise included in hard construction costs. A Preliminary Budget Estimate shall be set forth in "Exhibit C". 4. That Section 13 of the Original Agreement, entitled "Schedule and Time" is hereby amended to add Paragraph A which shall read as follows: CM/Gc will provide services as set forth in Exhibit "A" to complete all supplemental work described in Exhibit "C" by October 31, 2006. 5. That the paragraph entitled "GENERAL DESCRIPTION in Exhibit "A" of the Original Agreement is hereby numbered as paragraph 1, and that paragraph ".1" is added to paragraph 1 to read as follows: 1. The CM/GC's Services on the Project will include, but not necessarily be limited to, the activities described below. Terms that are defined in the Agreement for At-Risk Construction Management/General Contractor (CM/GC) Services during Construction will have the same meaning in this Exhibit "A". 1.1 In addition to those services contained in Exhibit "C" of the Original Agreement, cM/Gc will provide and apply those services as set forth in this Exhibit "A" to the supplemental scope of work described in Exhibit "C-2" attached hereto and incorporated herein. 6. That the new Exhibit "B" for hourly rates effective through December 2006 attached hereto and incorporated herein be added to the existing Exhibit "B" of the Original Agreement that set forth hourly rates effective through December 2005. 7. That Exhibit "D" entitled "San Mateo County Courthouse Plaza Master Schedule" attached hereto and incorporated herein be added to Exhibit "D" entitled "San Mateo County Historic Courthouse Renovation Exhibit D - Preliminary Project Schedule" of the Original Agreement. 8. All other provisions of the Original Agreement which are not in conflict with the provisions of this Amendment No.1 will remain unchanged in full force and effect. In case of conflict in the terms of the Original Agreement and this Amendment No.1, the provisions of this Amendment No.1 shall control. III Atty/Agr/Amendments/DPR.1 030806 2