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8A Page 6 SECTION 2-PRtCE A. City agrees to pay. and Contractor agrees to accept for full perFormance of the Wark, compensati�n set forth in Exhibit"A." The project cost is$201,712 (the"Contract Price°). Of this amount the City's share under this contract will be$14$,072.7he City autF�orizes Pacific Gas and Electric(PG&E) rebate of $53,640 to which the City wauld othenwise be entitled to be paid directiy to the Contractor, in partiai consicferation of the services provided under this agreement. B. Contractor shall submit wr9tten appfications for payment, based on the unit prices in the Proposal, in a form satisfactory ta City no later than thirty days after work is performed, identifying the specific services performed. For services billed at hourly rates, Contractor shail provide the date, name af person(s) performing services,the actual hours warked, type and quantity of materials used, and shall be paid at the rates shown in the proposal. Contractor shall provide such time records, invoices, purchase orders,and ather documents as City may reasonably request. C. Within thi�ty (30)days after receipt of each payment application, City shal! verify the accuracy of the application, correct the charges whare appropriate, and make paymen# to Contractor in an amount equal to the amaunt of such applicafion,as ver�ed or corrected by City. D. No payment made hereunder shall be construed as evidence o# acceptance of any part of the Work. City reserves the right to withhald payment from Contractor an account of services not performed satisfactorily, delays in Confractor's performanoe of services, or other defaults hereunder. Contractor shall not stop or delay performance of work under this Contract on account of payment disputes with City, provided that City cflntinues ta make paymerrt of undisputed amounts. E. If City disagrees with any portion of a billing, the City shall promptly notify Cor�tractor of the disagreerr�ent,and the City and the Contractor shall attempt to resotve the disagreement. City's paymerst o#any amounts shall not constitute a waiver of any disagreement and City shal!prompEly pay all amounts not in dispu#e. F. Con#ractor sha11 maintain complete and accurate records on a generafly accepted accounfrng basis and shatl be dearly identified and readily accessible. A(I accounting records shali provide an understandable breakdown of costs charged to this Con#ract. G. Contractor agrees to furnish, as a condition of payment,payraft affidavits, receipts,vouchers,and other dacuments,in form satisfiacfory to Cify. SECTiON 3-ENTiRE CONTRACT This Contract is intended by the parties as a final expression of their agreement, and supersedes any prior oral or writfen statements, and is intended also as a complete and exclusive statemen#of the terms of their agreement. No revisions to this Contract shall be binding upon Owner or Gontractar unless accepted in writing and signed by aut#�orized representatives of Owner and Contractor. No condition stated by Contractar in accepting this Contract shall be binding upon Owner or Contrac#or unless expressly agreed to in writing by Owner and Contractor. SECTION 4-TIME A. The term of this Cantract is sixty {60} days from the date set forth above, unless earlier #erminated as provided herein B. Contractor shall provide a detailed proposed scheduEe for performance of the Work inciuding the dates, time sequence and locatian for each facllity which will be used to coordinate with the various depar#ments to he affected. City approval of the final schedule is required. ATTYlAGR12008.079 2 300708