Agmt10 A Bright Idea (ABI) Mark Spahn

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SECTION 2 - PRICE A. City agrees to pay, and Contractor agrees to accept for full performance of the Work, compensation set forth in Exhibit "A." The project cost is $76,360.90 (the "Contract Price"). Of this amount the City's share under this contract will be $60,596.27. The City authorizes Pacific Gas and Electric (PG&E) rebate of $15,764.63 to which the City would otherwise be entitled to be paid directly to the Contractor, in partial consideration of the services provided under this agreement. B. Contractor shall submit written applications for payment, based on the unit prices in the Proposal, in a form satisfactory to City no later than thirty days after work is performed, and identifying the specific services performed. For services billed at hourly rates, Contractor shall provide the date, name of person(s) performing services, the actual hours worked, 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 other documents as City may reasonably request. C. Within thirty (30) days after receipt of each payment application, City shall verify the accuracy of the application, correct the charges where appropriate, and make payment to Contractor in an amount equalto the amount of such application, as verified or corrected by City. D. No payment made hereunder shall be construed as evidence of acceptance of any part of the Work. City reserves the right to withhold payment from Contractor on account of services not performed satisfactorily, delays in Contractor's performance 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 continues to make payment of undisputed amounts. E. If City disagrees with any portion of a billing, the City shall promptly notify Contractor of the disagreement, and the City and the Contractor shall attempt to resolve the disagreement. City's payment of any amounts shall not constitute a waiver of any disagreement and City shall promptly pay all amounts not in dispute. F. Contractor shall maintain complete and accurate records on a generally accepted accounting basis and shall be clearly identified and readily accessible. All accounting records shall provide an understandable breakdown of costs charged to this Contract. G. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City. SECTION 3 - ENTIRE CONTRACT This Contract is intended by the parties as a final expression of their agreement, and supersedes any prior oral or written statements, and is intended also as a complete and exclusive statement of the terms of their agreement. No revisions to this Contract shall be binding upon Owner or Contractor unless accepted in writing and signed by authorized representatives of Owner and Contractor. No condition stated by Contractor in accepting this Contract shall be binding upon Owner or Contractor unless expressly agreed to in writing by Owner and Contractor. SECTION 4 - TIME A. The term of this Contract is sixty (60) days from the date set forth above, unless earlier terminated as provided herein B. Contractor shall provide a detailed proposed schedule for performance of the Work including the dates, time sequence and location for each facility which will be used to coordinate with the various departments to be affected. City approval of the final schedule is required. C. Time is of the essence of this Contract. A TTY / AGR/20 1 0.040 050610 2 .