Common use of Time and Materials Based Pricing Clause in Contracts

Time and Materials Based Pricing. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected Travel and Living Expenses, and the cost of any expected Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Consultant shall not exceed said not-to-exceed amount. Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). In Service Work Orders authorized on a Time and Materials Basis, Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Consultant shall be compensated solely in the form of payments for the Services, Materials, Travel and Living Expenses, and Reimbursables expenses which shall be made as specified above, however, Consultant shall not provide Services and/or Materials, incur Travel and Living Expenses, or purchase Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order. Upon receipt, Consultant will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Exhibit E) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Consultant will fill out and submit electronically the Consultant Proposal Form (Exhibit F) based upon the description of the Services requested by the Services Request Form, providing the following: Service Work Order Subtotals and Service Work Order Grand Total: List the Service Types and the corresponding subtotals as applicable to the Project. If the Service is to be performed by a Sub-Consultant, include the name of the Sub-Consultant.

Time and Materials Based Pricing. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected Travel and Living Expenses, and the cost of any expected Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Consultant shall not exceed said not-to-exceed amount. Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). In Service Work Orders authorized on a Time and Materials Basis, Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Consultant shall be compensated solely in the form of payments for the Services, Materials, Travel and Living Expenses, and Reimbursables expenses which shall be made as specified above, however, Consultant shall not provide Services and/or Materials, incur Travel and Living Expenses, or purchase Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order. Upon receipt, Consultant will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Exhibit E) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Consultant will fill out and submit electronically the Consultant Proposal Form (Exhibit F) based upon the description of the Services requested by the Services Request Form, providing the following: Service Work Order Subtotals and Service Work Order Grand Total: List the Service Types and the corresponding subtotals as applicable to the Project. If the Service is to be performed by a Sub-Consultant, include the name of the Sub-Consultant.:

Time and Materials Based Pricing. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis, basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Consultant Contractor shall not exceed said not-to-exceed amountamount without prior authorization. Consultant Contractor will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowed allowable Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Expense and Travel and Living Expense Rules and RatesReimbursement Guidelines); and the actual cost of any allowed allowable Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). In Service Work Orders authorized on a Time and Materials Basis, Consultant Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Consultant Contractor shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses, Expenses and Reimbursables expenses which shall be made as specified above, however, Consultant Contractor shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order. Upon receipt, Consultant Contractor will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Exhibit EAttachment 1) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Consultant Contractor will fill out and submit electronically the Consultant Service Work Order Proposal, substantially in the format of the Contractor Proposal Form (Exhibit F) Attachment 2), based upon the description of the Services requested by the Services Request Form, providing the following: Service Work Order Subtotals and Service Work Order Grand Total: List the Service Types and the corresponding subtotals as applicable to the Project. If the Service is to be performed by a Sub-Consultant, include the name of the Sub-Consultant.: