AgdaPkt 2003-10-13 - Laserfiche WebLink

Browse Search

=_ =�� g.�-� � VEP. Ci encv s�i! o-av�al�cost to oreoare a VEP if the VEP is acceoted bv CiN and Aqaacv. T a�ramount �fe VEP savinas to be uaid to Develo�er. if anv. will be detertnined — wh�e Pubiic P�Bcinq Faa'f�icis comnlete. At that time. Citv and Aaencv will aoolv Develooers share �anv � �offset amounts by which the Cost of the Wo�lc mav exceed the t s9t��'t! in Sectiol�(Al. then to offset �avments from the Construction Continaencv. DeveloWrs s� of arn remainina VEP savinas will be �aid to Develooer after the Citv and = Aaencv haaee acce� the Public Parkina Facilitv. � __ to any_amounts to be_paid_ in_ connecbon_Hrith_the_Senrices described_in_this_,.-•�"� Da1ea° -------- ---- -------- - - - - - - - : � • oa�eaa: a a�e Hwwree ane Two =�eement�Ry and Agency shall pay Developer the sum not to exceed three oercent 13%1 of the _,.-�'" n,o�sane oa,� �s+ozaoo� NoR�xceed Cost for Services �erformed under the Culvert Relocation Aareement as the fee for Services performed under the Culvert Relocation Agreement. The Not-to-Exceed Cost in the Culvert Relocation Aareement is Three Million Six Hundred Thousand Doflars ($3.600.0001. City and Agency will pay Developer this fee thirty five days following completion and acceptance of the work performed under the Culvert Relocation Agreement. Developer wiil accept this payment as full compensation for its fee for performance of the Culvert Relocation Agreement. .- DdeOed:CilyRaquesbd I E. �hange Orders. .--� . . _. '----"'---...'—"--------------"-----"----_--------------------'---"'----------=---' L�wrt�d:CltyR��qO 1. In consideration of the fact that Developer was responsible for the investigaGon of the or.e.a: uMwao��e wa�e I Project Site and the design of thePublic Parkinq Facility, Developer agrees,_for itseff and_on behatf_,.•-�"� P„w„oF„�y of its Consultants and Contractors, that the City and Agency will not pay more than the Not-to- - oa�eaa:.laW conetruWan I Exceed Parking Facility Cost}�n eccount of Services or woric that Developer or_a_ConsuRant or ,.-��" c;,,,m,�a„cy, Contractor could othervvise claim as a change order, extra services or extra work unless Developer — establishes, to the satisfaction of City and Agency, that the additional cost is the resuft of one of the following: (a) an a�rmative change in the scope of Services initiated by the City or Agency; (b) a . oa�ama: o I change in Services that is required by regulatory authorities inspections� that could not ..-'" reasonably have been inferred from local practices or circumstances, or (c) unforeseen subsurface or latent physical conditions which differ materially from those indicated in the information provided by City and Agency to Developer and that Developer, its Consultants and Contractors couid not have identified in the course of performing a thorough and prudent investigation of the Project Site. I The Citv and AQencv have orovided Develooer with co�ies of these soils and qeotechnical reoorts. , FormatEd: FoM: 9 Vt . Mktad: 58877v10 33188N001 9/26/03 9 � 56977v10337861000t _.____ .................._..._._.__....__.__'_-___.___.....__""_"..______'______________.__,_ DBB 7 00903/Agr.147 �