thereafter. Pursuant to Government Code Section 8546.7, this Agreement shall be subject to examination and audit of the State Auditor as specified in the code. Construction Manager shall permit the Council, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the Council shall give reasonable prior notice to Construction Manager and shall conduct audit(s) during Construction Manager’s normal business hours, unless Construction Manager otherwise consents. COST DISCLOSURE - DOCUMENTS AND WRITTEN REPORTS Construction Manager be responsible for compliance with California Government Code section 7550, if the total cost of the Agreement is over Five Thousand Dollars ($5,000). COMMUNICATIONS / NOTICE Notices and communications between the Parties to this Agreement may be sent to the following addresses: Council Construction Manager Judicial Council of California , Inc. 455 Golden Gate Avenue San Francisco, CA 94102 , CA ATTN: ________________________, ATTN: Any notice personally given shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the day after delivery. Any notice given by mail shall be effective five (5) days after deposit in the United States mail. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION This Project has a Disabled Veteran Business Enterprise (“DVBE”) participation requirement of percent (3%). The Construction Manager must document its DVBE compliance by completing the DVBE Participation Form set forth as Exhibit “G.” OTHER PROVISIONS The Construction Manager shall be responsible for the cost of construction change orders caused directly by the Construction Manager’s willful misconduct or negligent acts, errors or omissions. Without limiting Construction Manager’s liability for indirect or consequential cost impacts, the direct costs for which the Construction Manager shall be liable shall equal its proportionate share of the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared construction documents. This Agreement shall not be construed against any party as the drafter of the Agreement.
thereafter. Pursuant to Government Code Section 8546.7, this Agreement shall be subject to examination and audit of the State Auditor as specified in the code. Construction Manager shall permit the Council, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the Council shall give reasonable prior notice to Construction Manager and shall conduct audit(s) during Construction Manager’s normal business hours, unless Construction Manager otherwise consents. COST DISCLOSURE - DOCUMENTS AND WRITTEN REPORTS Construction Manager be responsible for compliance with California Government Code section 7550, if the total cost of the Agreement is over Five Thousand Dollars ($5,000). COMMUNICATIONS / NOTICE Notices and communications between the Parties to this Agreement may be sent to the following addresses: Council Judicial Council of California 455 Golden Gate Avenue San Francisco, CA 94102 ATTN: ________________________, Construction Manager , Inc. , CA ATTN: Any notice personally given shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the day after delivery. Any notice given by mail shall be effective five (5) days after deposit in the United States mail. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION This Project has a Disabled Veteran Business Enterprise (“DVBE”) participation requirement of percent (3%). The Construction Manager must document its DVBE compliance by completing the DVBE Participation Form set forth as Exhibit “G.” OTHER PROVISIONS The Construction Manager shall be responsible for the cost of construction change orders caused directly by the Construction Manager’s willful misconduct or negligent acts, errors or omissions. Without limiting Construction Manager’s liability for indirect or consequential cost impacts, the direct costs for which the Construction Manager shall be liable shall equal its proportionate share of the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared construction documents. This Agreement shall not be construed against any party as the drafter of the Agreement.
JBCP-2014-04-BR-Agreement-for-CM-Services-Attachment-B.docx