Laserfiche WebLink
FXS:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br />accompanied by acceptable documentary evidence of Subcontractor's <br /> <br />work in progress. <br /> <br /> (d) Contingency Funds. At the time when the FAP is <br />established and is approved by the City, a reasonable and <br />mutually agreed portion of that FAP shall be allocated for <br />Contingencies, as defined below. The specific amount to be <br />allocated for Contingencies shall be established through good <br />faith negotiation and shall be within the range of 4½% to 6% of <br />the Construction Cost. For purposes of this agreement, <br />Contingencies refer to costs and expenses: which a construction <br />manager performing CM/GC's obligations reasonably should and <br />could have discovered prior to the FAP having been established, <br />and resulting from discrepancies, ambiguities, inaccuracies, or <br />conflicts in plans, specifications, other contract documents, or <br />systems, methods or designs. Contingencies shall not include: <br />changes in scope; costs from differing conditions; costs which <br />would be recoverable under Public Contract Code Sections 7102 or <br />7104; or costs attributable to the negligence, errors or <br />omissions by the Architect or other design professional, except <br />for and only to the extent that such costs are identified in the <br />clause in the previous sentence. The City shall not be <br />responsible for Contingencies that exceed the amount reasonably <br />specified in the FAP for Contingencies. Payment of any and all <br />Contingencies above the amount of the Contingency shall be <br />CM/GC's responsibility. Nothing in this Agreement shall relieve <br />the Architect or any design professional from any liability for <br />negligence, errors, omissions, breaches of contract or similar <br />failures to satisfy obligations (collectively, "Costs of Design <br /> <br /> 5 <br /> <br /> <br />