Common use of Work Authorization Clause in Contracts

Work Authorization. By entering into this Agreement, the Judicial Council only authorizes the Construction Manager to begin its Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach of this Agreement. The Construction Manager is responsible for all costs, including, without limitation, direct, indirect, and/or consequential cost impacts, in any way related to Construction Manager’s failure to timely and diligently perform the Services, Without in any way limiting Construction Manager’s responsibility for all such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing of submittals, payment applications, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service under this Agreement.

Work Authorization. By entering into this Agreement, the Judicial Council only authorizes the Construction Manager to begin its Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole Engineer agrees and unilateral right to authorize additional Phases, however, those authorizations will be made in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager acknowledges that it is not authorized to begin perform any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Engineering Services pursuant to this Agreement in accordance with until such time as it has received and accepted the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects terms of the typeWork Authorization for the Project. The Engineer further agrees and acknowledges that it may receive multiple Work Authorizations for the Project, scope, as the scope of the Project is developed. The Engineer will identify and complexity deliver to Owner Engineer’s assessment of the needed Engineering Services for the Project. This assessment may be modified throughout the course of the development of the Project. Upon written authorization from the Owner, the Engineer will prepare a draft of a proposed Work Authorization (each a “Proposed Work Authorization”) for the particular Engineering Services associated with the agreed scope for the Project for Owner’s review and approval. Each Proposed Work Authorization shall include (i) a description of the work to be performed, (ii) a description of the tasks and milestones, (iii) a work schedule, and (iv) an estimated cost proposal. The Judicial Council’s reviewestimated cost proposal portion of each Proposed Work Authorization shall set forth in detail the computation of the cost of each Engineering Services task. Upon receipt of a Proposed Work Authorization, approval ofOwner shall either (i) accept such Proposed Work Authorization by executing it and returning it to Engineer (at which point it shall become effective as a Work Authorization), or payment (ii) reject such Proposed Work Order by giving written notice to Engineer of such and the basis for such rejection. No Work Authorization shall be effective until executed by both Owner and Engineer. Owner and Engineer agree that their execution of a Work Authorization shall not waive any of the Services required under Owner’s or the Engineer’s other responsibilities and obligations established in this Agreement must not be construed as assent that Construction Manager has compliedAgreement. The estimated cost proposal for each Work Authorization, nor in any way relieve developed by the Construction Manager of complianceEngineer and approved by the Owner, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered used by the Owner to appropriate a material breach purchase order for the Work Authorization. Each executed Work Authorization shall become a part of this Agreement. The Construction Manager is responsible Upon satisfactory completion of the Engineering Services associated with a Work Authorization, the Engineer shall deliver to Owner for all costsfinal review and acceptance the Project’s deliverables as specified in the Work Authorization. Engineering Services included in a Work Authorization shall not begin until the Owner and the Engineer have signed the Work Authorization. In the event that (i) a Work Authorization has been executed by both Owner and Engineer, including(ii) Owner has instructed Engineer in writing to commence the Engineering Services set forth in such Work Authorization, without limitationand (iii) Owner decides it does not wish to proceed with such Work Authorization, direct, indirect, and/or consequential cost impactsthe Owner shall notify Engineer of such in writing, in which event the Engineer shall be entitled to a total compensation for preparation of said Work Authorization of no more than Five Hundred Dollars ($500.00). All Engineering Services shall be completed on or before the Engineering Services Completion Date as specified in the Work Authorization, unless extended by a Supplemental Agreement executed by Engineer and Owner. The Engineer shall promptly notify the Owner of any way related event that will affect completion of the Work Authorization on the Engineering Services Completion Date. Upon the completion by Engineer of all Engineering Services relating to Construction Manager’s failure a specific Work Authorization and the receipt by Owner of all deliverables relating to timely and diligently perform the Servicesportion of the Project covered by such Work Authorization, Without in any way limiting Construction Manager’s responsibility Owner shall provide Engineer with written notice of such (the “Final Acceptance Notice”). The Final Acceptance Notice for a Work Authorization shall serve as evidence of completion, on the part of the Engineer, of all services under such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing of submittals, payment applications, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service under this AgreementWork Authorization.

Work Authorization. By entering into After execution of this Agreement, the Judicial Council Engineer shall proceed with the work outlined under Article 2 hereof, only authorizes as authorized by the Construction Manager to begin its Owner through an agreed Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made Authorization document in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B EXHIBIT “E”- Work Authorization Form, attached hereto and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in made a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach part of this Agreement. The Construction Manager is responsible Engineer will identify, as approved by the Owner, the needed services for all coststhe Project, includingas required through the course of the development to the Project. The Owner shall authorize the Engineer to perform one or more of the agreed tasks identified in EXHIBIT “B”, without limitation, direct, indirect, and/or consequential cost impactsattached hereto, in any way related the form of individual work authorizations. Upon authorization from the Owner, the Engineer will prepare a Work Authorization document, which will include a description of the work to Construction Managerbe performed, including a description of the tasks and milestones, a work schedule, and an estimated cost proposal agreed upon by the Owner and the Engineer. The estimated cost proposal shall set forth in detail the computation of the cost of each work task, at the hourly rates established and identified in EXHIBIT “D”, attached hereto. The Work Authorizations shall not waive the Owner’s failure and the Engineer’s responsibilities and obligations established in this Agreement. The estimated cost proposal for each Work Authorization, developed by the Engineer and approved by the Owner shall be used by the Owner to timely and diligently perform appropriate a purchase order for the ServicesWork Authorization. Each executed Work Authorization shall become a part of this Agreement. Upon satisfactory completion of the Work Authorization, Without the Engineer shall submit the Project’s deliverables as specified in any way limiting Construction Manager’s responsibility the executed Work Authorization to the Owner for all such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing acceptance. Work included in a Work Authorization shall not begin until the Owner and the Engineer have signed the Work Authorization. All work must be completed on or before the completion date specified in the Work Authorization, unless extended by written agreement by the Engineer and the Owner. The Engineer shall promptly notify the Owner of submittalsany event that will affect completion of the Work Authorization. All Work Authorizations must be executed and completed by both the Engineer and the Owner within the period established for this Agreement as specified in Article 3 hereof. The final acceptance by the Owner of each Work Authorization for the Project shall serve as evidence of completion, payment applicationson the part of the Engineer, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service of all services under this AgreementAgreement insofar as they pertain to that portion of work on the Project identified in the applicable work authorization.

Work Authorization. By entering into After execution of this Agreement, the Judicial Council only authorizes the Construction Manager to begin its shall proceed with the work outlined under Article 2 hereof, only as authorized by the Owner through an agreed Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made Authorization document in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B EXHIBIT “E”- Work Authorization Form, attached hereto and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in made a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach part of this Agreement. The Construction Manager is responsible will identify, as approved by the Owner, the needed services for all coststhe Project, includingas required through the course of the development to the Project. The Owner shall authorize the Construction Manager to perform one or more of the agreed tasks identified in EXHIBIT “B”, without limitation, direct, indirect, and/or consequential cost impactsattached hereto, in any way related the form of individual work authorizations. Upon authorization from the Owner, the Construction Manager will prepare a Work Authorization document, which will include a description of the work to be performed, including a description of the tasks and milestones, a work schedule, and an estimated cost proposal agreed upon by the Owner and the Construction Manager. The estimated cost proposal shall set forth in detail the computation of the cost of each work task, at the hourly rates established and identified in EXHIBIT “D”, attached hereto. The Work Authorizations shall not waive the Owner’s and the Construction Manager’s failure responsibilities and obligations established in this Agreement. Notwithstanding the foregoing and anything else to timely and diligently perform the Servicescontrary contained herein, Without in any way limiting Construction Manager’s responsibility for the parties acknowledge that all such costsof the services on Exhibit “B” are included on the 1st Work Authorization, such impacts shall include costs related which is expected to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing of submittals, payment applications, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service be the only Work Authorization under this Agreement. Each executed Work Authorization shall become a part of this Agreement. Upon satisfactory completion of the Work Authorization, the Construction Manager shall submit the Project’s deliverables as specified in the executed Work Authorization to the Owner for review and acceptance. Work included in a Work Authorization shall not begin until the Owner and the Construction Manager have signed the Work Authorization. All work must be completed on or before the completion date specified in the Work Authorization, unless extended by written agreement by the Construction Manager and the Owner. The Construction Manager shall promptly notify the Owner of any event that will affect completion of the Work Authorization. All Work Authorizations must be executed and completed by both the Construction Manager and the Owner within the period established for this Agreement as specified in Article 3 hereof. The final acceptance by the Owner of each Work Authorization for the Project shall serve as evidence of completion, on the part of the Construction Manager, of all services under this Agreement insofar as they pertain to that portion of work on the Project identified in the applicable work authorization.

Work Authorization. By entering into After execution of this Agreement, the Judicial Council Engineer shall proceed with the work outlined under Article 2 hereof, only authorizes as authorized by the Construction Manager to begin its Owner through an agreed Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made Authorization document in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B EXHIBIT “E”- Work Authorization Form, attached hereto and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in made a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach part of this Agreement. The Construction Manager is responsible Engineer will identify, as approved by the Owner, the needed services for all coststhe Project, includingas required through the course of the development to the Project. The Owner shall authorize the Engineer to perform one or more of the agreed tasks identified in EXHIBIT “B”, without limitation, direct, indirect, and/or consequential cost impactsattached hereto, in any way related the form of individual work authorizations. Upon authorization from the Owner, the Engineer will prepare a Work Authorization document, which will include a description of the work to Construction Managerbe performed, including a description of the tasks and milestones, a work schedule, and an estimated cost proposal agreed upon by the Owner and the Engineer. The estimated cost proposal shall set forth in detail the computation of the cost of each work task, at the hourly rates established and identified in EXHIBIT “D”, attached hereto. The Work Authorizations shall not waive the Owner’s failure and the Engineer’s responsibilities and obligations established in this Agreement. The estimated cost proposal for each Work Authorization, developed by the Engineer and approved by the Owner shall be used by the Owner to timely appropriate a purchase order for the Work Authorization. Each executed Work Alpha Infrastructure Engineering, PLLC Contract No. C-19-257-09-24 (On Call) - “Road and diligently perform Bridge, C.I.P. and Other Projects in General” Xxxxxxx County Precinct No. 1 Authorization shall become a part of this Agreement. Upon satisfactory completion of the ServicesWork Authorization, Without the Engineer shall submit the Project’s deliverables as specified in any way limiting Construction Manager’s responsibility the executed Work Authorization to the Owner for all such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing acceptance. Work included in a Work Authorization shall not begin until the Owner and the Engineer have signed the Work Authorization. All work must be completed on or before the completion date specified in the Work Authorization, unless extended by written agreement by the Engineer and the Owner. The Engineer shall promptly notify the Owner of submittalsany event that will affect completion of the Work Authorization. All Work Authorizations must be executed and completed by both the Engineer and the Owner within the period established for this Agreement as specified in Article 3 hereof. The final acceptance by the Owner of each Work Authorization for the Project shall serve as evidence of completion, payment applicationson the part of the Engineer, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service of all services under this AgreementAgreement insofar as they pertain to that portion of work on the Project identified in the applicable work authorization.

Work Authorization. By entering into this Agreement, the Judicial Council only authorizes the Construction Manager to begin its Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach of this Agreement. The Construction Manager is responsible for all costs, including, without limitation, direct, indirect, and/or consequential cost impacts, in any way related to Construction Manager’s failure to timely and diligently perform the Services, Without in any way limiting Construction Manager’s responsibility for all such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper review and processing of submittals, payment applications, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service under this Agreement. PERFORMANCE REVIEW The Judicial Council or its agent may evaluate Construction Manager’s performance under this Agreement. Such evaluation may include assessing Construction Manager’s compliance with all Agreement terms and performance standards. Any deficiencies in the Construction Manager’s performance that the Judicial Council reasonably determines are severe or continuing and compromises the quality of Construction Manager’s Work if not corrected, will be reported to the Construction Manager’s principal. The report may include recommended improvements and corrective measures to be taken by the Construction Manager. If the Construction Manager’s performance remains unsatisfactory as determined by the Judicial Council, in its sole discretion, the Judicial Council may, without limitation, terminate this Agreement for cause or impose other penalties as specified in this Agreement. Any evaluation of Construction Manager’s performance conducted by the Judicial Council shall not be construed as an Acceptance of the Construction Manager’s work product or methods of performance. Construction Manager shall be solely responsible for the quality, completeness, and accuracy of the work product that Construction Manager and its Subconsultants deliver under this Agreement. Construction Manager shall not rely on Judicial Council to perform any quality control review of Construction Manager’s work product, as such review shall be conducted by Construction Manager.

Work Authorization. By entering into After execution of this Agreement, the Judicial Council Engineer shall proceed with the work outlined under Article 2 hereof, only authorizes as authorized by the Construction Manager to begin its Owner through an agreed Work on the Phase indicated on the Coversheet of the Agreement. The Judicial Council has the sole and unilateral right to authorize additional Phases, however, those authorizations will be made Authorization document in the form of an Amendment to this Agreement, authorizing the appropriate Phase and funding specified herein, which must be executed by the Construction Manager and the Judicial Council. Work for additional Phases added to the Agreement after the Parties execute an Amendment will be authorized by the Director’s, or the Director’s designee’s, issuance of a Notice(s) to Proceed. Construction Manager is not authorized to begin any Work or Services identified as NYA. FEE AND METHOD OF PAYMENT Judicial Council will pay Construction Manager the Fee for all Services contracted for under this Agreement pursuant to the provisions herein and in Exhibit E. Compensation for any Extra Services will become part of the Fee upon the Judicial Council’s written authorization of those Extra Services. The Construction Manager’s Fee includes, without limitation, all costs for overhead; personnel; administration; profit; travel; offices; per diem expenses; and all deliverables, printing, and shipping, under the Agreement. PAYMENT FOR EXTRA SERVICES Extra Services are those services, deliverables, and Reimbursables identified in Exhibit B. Any charges for Extra Services will be paid by the Judicial Council as described in Exhibit B EXHIBIT “E”- Work Authorization Form, attached hereto and Exhibit C only upon certification that the claimed Extra Services were authorized in writing in advance by the Project Manager, an Amendment was executed for the Extra Services, and that the authorized Extra Services have been satisfactorily completed. If any Extra Service is performed by Construction Manager without prior written authorization by the Judicial Council or the Judicial Council’s authorized representative, the Judicial Council will not be obligated to pay for that service. A written proposal describing the scope of the Extra Services and listing the personnel, labor duration, rates, and cost(s) shall be submitted by the Construction Manager to the Project Manager for approval. Upon approval, and before proceeding with the performance of any Extra Services, the Parties shall execute an Amendment to the Agreement, unless otherwise directed in writing by the Judicial Council. The Parties acknowledge that the rates for Extra Services will be good for three years and updated every two years thereafter based on Bureau of Labor Statistics CPI for Urban Wage Earners and Clerical Workers (CPI-W). STANDARD OF CARE Construction Manager, its officers, agents, employees, subcontractors, subconsultants and any persons or entities for whom Construction Manager is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in made a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. The Judicial Council’s review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that Construction Manager has complied, nor in any way relieve the Construction Manager of compliance, with (i) the applicable standard of care and/or (ii) applicable statutes, regulations, rules, guidelines, and requirements governing Construction Manager’s Services. Construction Manager shall provide Services that comply with all applicable requirements of federal, state, and local law including, without limitation, the following statutes, regulations, and standards: California Code of Regulations, Title 24, California Building Standards Code, including all amendments thereto. California Trial Court Facilities Standards. California Code of Regulations, Title 19, Regulations of the State Fire Xxxxxxxx, and all pertinent local fire safety codes, rules, regulations, or ordinances. Americans with Disabilities Act. U. S. Copyright Act. Notwithstanding subsequent approvals by any Authority Having Jurisdiction, Construction Manager’s failure to comply with these requirements shall be considered a material breach part of this Agreement. The Construction Manager is responsible Engineer will identify, as approved by the Owner, the needed services for all coststhe Project, includingas required through the course of the development to the Project. The Owner shall authorize the Engineer to perform one or more of the agreed tasks identified in EXHIBIT “B”, without limitation, direct, indirect, and/or consequential cost impactsattached hereto, in any way related the form of individual work authorizations. Upon authorization from the Owner, the Engineer will prepare a Work Authorization document, which will include a description of the work to Construction Managerbe performed, including a description of the tasks and milestones, a work schedule, and an estimated cost proposal agreed upon by the Owner and the Engineer. The estimated cost proposal shall set forth in detail the computation of the cost of each work task, at the hourly rates established and identified in EXHIBIT “D”, attached hereto. The Work Authorizations shall not waive the Owner’s failure and the Engineer’s responsibilities and obligations established in this Agreement. The estimated cost proposal for each Work Authorization, developed by the Engineer and approved by the Owner shall be used by the Owner to timely appropriate a purchase order for the Work Authorization. Each executed Work Authorization shall become a part of this Agreement. Upon satisfactory completion of the Work Authorization, the Engineer shall submit the Project’s deliverables as specified in the executed Work Authorization to the Owner for XXXXXX ENGINEERING, LLC. Contract No. C-20-187-06-16 Project Specific-“Remodel and diligently perform the Services, Without in any way limiting Construction Manager’s responsibility Repair for all such costs, such impacts shall include costs related to improperly coordinating with an Authority Having Jurisdiction, costs arising from delayed or improper Modular Xxxx”- Xxxxxxx Xxxxxx Precinct No. 4 review and processing acceptance. Work included in a Work Authorization shall not begin until the Owner and the Engineer have signed the Work Authorization. All work must be completed on or before the completion date specified in the Work Authorization unless extended by written agreement by the Engineer and the Owner. The Engineer shall promptly notify the Owner of submittalsany event that will affect completion of the Work Authorization. All Work Authorizations must be executed and completed by both the Engineer and the Owner within the period established for this Agreement as specified in Article 3 hereof. The final acceptance by the Owner of each Work Authorization for the Project shall serve as evidence of completion, payment applicationson the part of the Engineer, change order requests, contingency and allowance use requests, schedule reviews, requests for time extensions, and any other Service of all services under this AgreementAgreement insofar as they pertain to that portion of work on the Project identified in the applicable work authorization.