Common use of Reconciliation of Construction Budget for Design Work Clause in Contracts

Reconciliation of Construction Budget for Design Work. In the event that a Service Work Order either includes a construction budget provided by the Judicial Council or requires Consultant to provide cost estimates that are approved by the Judicial Council as the Construction Budget (the “Construction Budget”) for the underlying work for which Consultant’s Services are being provided and which will be solicited via Third-Party bids or proposals (the “Underlying Work”), Consultant shall conform its Services to that Construction Budget and shall otherwise comply with the requirements of this section. Consultant shall complete all Services described in a Service Work Order so that the cost to perform the Underlying Work will not exceed the agreed-upon Construction Budget. If so instructed by the Judicial Council, Consultant shall be responsible for further developing, reviewing, and reconciling the Construction Budget for the Judicial Council at the beginning of the Underlying Work and at the completion of each of the phases that may be associated with Consultant’s Services and the Underlying Work. In the event the Judicial Council, or a consultant thereof, reasonably determines the cost of the performance of the Underlying Work may exceed the approved Construction Budget, Consultant shall take, at Consultant’s sole cost and expense, all necessary steps and actions, including without limitation any required redesign work, to ensure the estimates of the Underlying Work are in conformance with the approved Construction Budget. In the event that either of the following occur: The lowest bid or proposal, or a majority of the bids or proposals, received by the Judicial Council for the Underlying Work is in excess of 10% of the Construction Budget for the Underlying Work; or The combined total of the base bid or base proposals and all additive alternates received by the Judicial Council for the Underlying Work are 10% or more under the Construction Budget for the Underlying Work; or The Construction Budget increases in subsequent phases of Consultant’s Services for the Underlying Work due to reasonably foreseeable changes in the condition of the construction market in the county in which the Underlying Work will be performed, in so far as these increases have not been caused by acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy; Then, in its sole discretion, the Judicial Council may, within three months’ time of receipt of the bids or proposals for the Underlying Work, instruct Consultant to revise and/or reconcile, at no additional cost or expense to the Judicial Council, the Construction Budget for the Underlying Work (in scope and quality as approved by the Judicial Council) for re-solicitation of the Underlying Work. Should Consultant be instructed to revise or reconcile the Construction Budget for the Underlying Work, Consultant shall take, at Consultant’s sole cost and expense, all necessary steps and actions, including without limitation any required redesign work, to ensure the estimates of the Underlying Work are in conformance with the approved Construction Budget.

Reconciliation of Construction Budget for Design Work. In the event that a Service Work Order either includes a construction budget provided by the Judicial Council or requires Consultant to provide cost estimates that are approved by the Judicial Council as the Construction Budget construction budget (the “Construction Budget”) for the underlying work for which Consultant’s Services are being provided and which will be solicited via Third-Party bids or proposals (the “Underlying Work”), Consultant shall conform its Services to that Construction Budget and shall otherwise comply with the requirements of this sectionSection. Consultant shall complete all Services described in a Service Work Order so that the cost to perform the Underlying Work will not exceed the agreed-upon Construction Budget. If so instructed by the Judicial Council, Consultant shall be responsible for further developing, reviewing, and reconciling the Construction Budget for the Judicial Council at the beginning of the Underlying Work and at the completion of each of the phases that may be associated with Consultant’s Services and the Underlying Work. In the event the Judicial Council, or a consultant thereof, reasonably determines the cost of the performance of the Underlying Work may exceed the approved Construction Budget, Consultant shall take, at Consultant’s sole cost and expense, all necessary steps and actions, including without limitation any required redesign work, to ensure the estimates of the Underlying Work are in conformance with the approved Construction Budget. In the event that either of the following occur: The lowest bid or proposal, or a majority of the bids or proposals, received by the Judicial Council for the Underlying Work is in excess of 10% of the Construction Budget for the Underlying Work; or The combined total of the base bid or base proposals and all additive alternates received by the Judicial Council for the Underlying Work are 10% or more under the Construction Budget for the Underlying Work; or The Construction Budget increases in subsequent phases of Consultant’s Services for the Underlying Work due to reasonably foreseeable changes in the condition of the construction market in the county in which the Underlying Work will be performed, in so far as these increases have not been caused by acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy; Then, in its sole discretion, the Judicial Council may, within three months’ time of receipt of the bids or proposals for the Underlying Work, instruct Consultant to revise and/or reconcile, at no additional cost or expense to the Judicial Council, the Construction Budget for the Underlying Work (in scope and quality as approved by the Judicial Council) for re-solicitation of the Underlying Work. Should Consultant be instructed to revise or reconcile the Construction Budget for the Underlying Work, Consultant shall take, at Consultant’s sole cost and expense, all necessary steps and actions, including without limitation any required redesign work, to ensure the estimates of the Underlying Work are in conformance with the approved Construction Budget. END OF EXHIBIT EXHIBIT C WORK ORDER AUTHORIZATION PROCESS INVOICING AND PAYMENT PROVISIONS Maximum Work Order Amount and Contract Amount The maximum amount the Judicial Council shall be obligated to pay to Consultant under any individual Work Order authorized under this Agreement shall not at any time exceed the amount specified on the face of the most recently authorized Standard Agreement Coversheet pertaining to that Work Order. No verbal agreements will be honored. The maximum amount the Judicial Council shall be obligated to pay to Consultant under this Agreement shall not at any time exceed the Contract Amount. .