Common use of PROCEDURE FOR AUTHORIZING WORK Clause in Contracts

PROCEDURE FOR AUTHORIZING WORK. Any Work to be provided under this Agreement will be set forth in a Detailed Statement of Work provided as a component of a Service Work Order Proposal authorized by Owner. Contractor shall provide all Work as specified in the Service Work Orders authorized under this Agreement. All of Contractor’s costs and expenses incurred in the preparation of Service Work Order Proposals are the sole responsibility of Contractor. Owner shall initiate the process of requesting Work by notifying the Contractor of its required attendance at a Joint Scope Meeting. The Owner will in addition set forth a mutually acceptable date and a time for a Joint Scope Meeting and request any particular Subcontractor trades and/or Suppliers whose presence Owner deems necessary. Owner, Contractor, and any possible Subcontractor(s) or Supplier(s) that Owner has requested or Contractor deems necessary will participate in the Joint Scope Meeting. Joint Scope Meetings may be held in person at the Project Site for the Work. The purpose of the Joint Scope Meeting is to provide Owner and Contractor with a mutually shared understanding of the Work that Owner contemplates Contractor may perform. A walk-through of the Project Site may be conducted as a part of the Joint Scope Meeting. The following will, if applicable, be discussed: Service Work Order number and title Project Site Names of the Project Managers of both parties to be assigned to the Project If applicable, the name of the individual to be designated by Owner as facility liaison at the Project Site Facility operations that impose limitations on the Work Existing Project Site conditions Staging areas and site access Security/Safety and Security Clearance requirements Presence of hazardous materials Methods and alternatives for accomplishing the work Assumptions or qualifications that may apply to the work Testing and Inspection Plans for materials Whether Owner will provide Owner Drawings for the Project Whether Contractor will provide Shop Drawings for the Project Determination whether any permits must be acquired to perform the Work Whether the Owner will be self-supplying any of the materials and/or Equipment Whether other contractor(s) will participate in the work Whether the Owner will require Liquidated Damages for the Project Any special safety requirements A Schedule of Values detailing the points at which percentage of completion payments are to be made and percentages owed The Service Work Order Time, including Desired Project Schedule, or, if no Project Schedule, desired completion date Special insurance requirements Any other relevant topics Whether a Notice to Proceed must be issued by Owner Project Manager before the Project Work can begin. An agreed to date upon which Contractor will provide Owner with a Narrative Project Description The desired Service Work Order Proposal due date The desired Warranty Plan for the Project, if any, including mutually acceptable communication procedures for notifying Contractor of defects found during the Warranty Period, setting priorities regarding the type of defect, time period(s) required for Contractor response, and other details deemed necessary by Owner for fulfillment of the Warranty. Upon completion of the Joint Scope Meeting, the Owner will submit a Request for Service Work Order Proposal to the Contractor via the PROGEN software. At the Owner’s discretion, the Contractor’s PM or the Owner’s PM will document in writing the Detailed Statement of Work in PROGEN for which the basis of the Service Work Order Proposal shall be based. Upon agreement regarding the necessary content of the Detailed Statement of Work and when any other materials (Owner Drawings, etc.) necessary to provide a Service Work Order Proposal have been received, Contractor’s PM shall provide a Service Work Order Proposal to Owner’s PM. The Detailed Statement of Work will consist of and be prepared in accordance with the following : Service Work Order Number and Title The Service Work Order Time, including Desired Project Schedule, or, if no Project Schedule, desired completion date Liquidated Damages applicable to the Service Work Order, if any The cost data for any Non-Prepriced Tasks Stamped & unstamped design drawings, calculations, specifications Names of all designated Subcontractor(s) and material Supplier list Project Schedule Payment for Service Work Orders with a Service Work Order Sum of $100,000 or less will be paid as a single lump sum following Final Acceptance and shall not be paid via progress payments. Specify the lump sum payment for such an SWO. Schedule of Values -If payment for the Project will be based on progress payments, a Schedule of Values for payment will be included. Owner’s final progress payment due at Final Acceptance shall not be in an amount less than 15% of the Service Work Order Sum for the Project. Specify the Schedule of Values for such an SWO The text of the narrative Project description agreed to by the parties Any Drawings necessary to provide the Project A list of any Named Products that the parties have agreed are necessary to provide the Project A list of any other products that the Owner desires to be provided as materials A list of any planned Submittals to be provided for the Project If Owner will be self supplying any materials or equipment used in a Project, a list of the quantities and types of materials and/or equipment that will be self-supplied The Warranty Plan that will apply to the Project, if any. The Price Proposal will consist of and be prepared in accordance with the following: Prepriced Tasks: Contractor will identify and list all Task(s) and the quantities of Task(s) that Contractor has determined are necessary to provide and charge for the totality of the Work of a Project, using the Construction Task Catalog® Task descriptions. It is Contractor's sole responsibility to include all necessary Tasks and determine the quantities of those Tasks in the Price Proposal. The Unit Prices set forth in the CTC establish the prices that Contractor will use to provide Price Proposals. If Owner will be self supplying any material or equipment that are included in the Technical Specification applicable to the Task, the element of cost applicable to the material or equipment, as quoted in the CTC, will be subtracted from the CTC Unit Price used in developing the Price Proposal. If a Prepriced Task is present in the CTC, it must be used in the formulation of the Service Work Order Proposal. Immaterial differences in the description of a Task shall not be a cause for classifying a Task as a Non-Prepriced Task. Owner’s Project Manager’s determination as to whether a task is a Prepriced Task or a Non-Prepriced Task is final and binding and conclusive upon Contractor If Contractor is submitting a Non-Prepriced Task as an element of a Price Proposal, the price to be provided shall be quoted as an installed Unit Price (or demolition price if appropriate). Non-Prepriced Tasks, if any, must be identified as such in the Price Proposal. Information pertaining to such Task(s) that must be provided by Contractor when submitting a Price Proposal that utilizes a Non-Prepriced Task shall include the following: Complete narrative description of the duties of the task and a technical specification indicating material provided with the task and equipment necessary to perform the task, with cost elements assigned to each, any support drawings, any quality control notes and any inspection requirements. A cost analysis report, establishing the cost of the NPP. The cost analysis report submitted for any Non-Prepriced Task that is to be provided by Contractor’s own personnel must be based on a task description and technical specification for the Work of the Task provided as specified above and acceptable to Owner’s Project Manager. If Contractor will be performing the a Non-Prepriced Task the Cost of the NPP will be based on the following: A = Direct Labor Cost (Up through the xxxxxxx level and Fringe Benefits per Prevailing Wage Rates plus payroll taxes and insurance) of Contractor’s own employee(s) who will actually perform the Task or A - If Contractor is utilizing a Subcontractor for the labor, the Subcontractor Labor Cost established according to the below. B = Material Costs (established by the lowest of three actual quotes obtained and submitted with the cost analysis report submitted in the Price Proposal), and absent any Contractor markup or charge of any kind, C = Equipment Costs (established by the lowest of three actual quotes obtained and submitted with the cost analysis report submitted in the Price Proposal), and absent any Contractor markup or charge of any kind, The Total Cost for a Contractor provided Non-Prepriced Task = (A+B+C) x Non-Prepriced Work Task Adjustment Factor pertaining to the JOC Zone in which the Task will be performed. If Contractor will be using a Subcontractor to provide a Non-Prepriced Task the Cost of the NPP will be based on the lowest of three written quotes form Subcontractors and based on: A = Labor Cost – Of Subcontractor’s own employee(s) who will actually perform the Task B = Material Costs - Absent any Subcontractor markup or charge of any kind, C = Equipment Costs - Absent any Subcontractor markup or charge of any kind, The Total Cost for a Subcontractor provided Non-Prepriced Task = (A+B+C) x Non-Prepriced Work Task Adjustment Factor pertaining to the JOC Zone in which the Task will be performed. After a Non-Prepriced Task has been utilized in three separate Projects within a JOC Zone, with the written approval of the director of Owner’s Facilities Maintenance Unit Regional Manager said Non-Prepriced Task may be added to the CTC, but only for that JOC Zone, and from that point forward shall no longer require price justification. In its Service Work Order Proposals, when directed by Owner, Contractor will provide for incidental architectural or engineering design services in accordance with applicable State laws and Owner’s licensing, insurance and indemnification requirements. Contractor's Service Work Order Proposal must include documentation including copies of any architectural plans and/or engineering calculations, and shall indicate that adequate engineering and planning for the Work has been done. Owner may require that design documents be prepared and provided in Computer Aided Design (CAD) format. Any cost for this work is included in Contractor’s Adjustment Factors. The time allowed for preparation of Contractor's Proposal will depend on the complexity and urgency of the Service Work Order. On complex Service Work Orders, such as Service Work Orders requiring engineering/architectural drawings and approvals and permits, adequate time will be provided for preparation and submittal of the necessary documents and the Proposal. In urgent situations and minor maintenance and repair Service Work Orders requiring immediate completion, the Proposal may be required quickly Review of Service Work Order Proposal Owner has the right to accept, reject, or require modification of a Service Work Order Proposal. Owner has the right, without explanation, to not authorize a Service Work Order Proposal. Contractor has no entitlement to reimbursement for SWOP preparation costs and expenses. Owner may pursue the performance of the Work contemplated by other means. By submitting a Service Work Order Proposal to Owner, Contractor offers to accomplish the totality of the Work of Project, as stated in the narrative description of the Detailed Statement of Work for the fixed price of the Service Work Order Sum, and in accordance with the Project Schedule. Absent the authorization of a Supplemental Service Work Order by Owner that materially changes an already authorized SWO, or a change in status of a condition or assumption expressly stated in the same, the Service Work Order Sum provided in the authorized Service Work Order establishes a firm fixed price for the performance of all of the Work and provision of all of the services required to complete the Project and Contractor agrees to provide the same regardless of Contractor’s actual costs and any expenses incurred in pursuit of performance of the Work. Authorization of Service Work Orders: Owner will approve a SWOP by issuance by Owner of a Service Work Order number via Owner’s CAFM system. Only the following Owner personnel are approved to authorize SWOs: Senior Manager for Facility Management Regional Manager for Facility Operations Supervising Facility Administrator Facility Administrator AOC Customer Service Center Personnel Owner shall from time to time provide Contractor with the names of the persons filling each position. This letter will be updated from time to time as personnel change, and is effective upon receipt. These changes will not require that this Agreement be amended. A Service Work Order shall, for the purposes of this Agreement, be considered authorized by Owner and binding upon the parties when issued. Owner shall have the right to simultaneously issue authorizations for several SWOs. When authorizations for several SWOs are issued at the same time, the total of the CTC Specified Costs of all such SWOs so issued will be used to determine the Adjustment Factor that shall apply to all SWOs in the group. Following such authorization, individual SWOs in the group shall, for the purposes of this Agreement, be administered and changed in the same manner as an individually issued SWO. Unilateral Service Work Orders. If Contractor fails to submit an SWOP in a timely manner or the parties fail to finalize all appropriate details of an SWOP, Owner has the right to issue a unilateral Service Work Order, which shall conform in all material respects to the requirements for SWOs as given in this Agreement. Compensation for any Work so authorized shall be in accordance with and the same terms and conditions that apply to authorized Service Work Orders under this Agreement. Contractor must commence any Work authorized under a unilateral Service Work Order at the time stated in said Service Work Order. The authorization of a unilateral Service Work Order will not act to prejudice any of Contractor’s rights to raise Disputes or make Claims.

PROCEDURE FOR AUTHORIZING WORK. Any Work to be provided under this Agreement will be set forth in a Detailed Statement of Work provided as a component of a Service Work Order Proposal authorized by Owner. Contractor shall provide all Work as specified in the Service Work Orders authorized under this Agreement. All of Contractor’s costs and expenses incurred in the preparation of Service Work Order Proposals are the sole responsibility of Contractor. Owner shall initiate the process of requesting Work by notifying the Contractor of its his/her required attendance at a Joint Scope Meeting. The Owner will in addition set forth a mutually acceptable date and a time for a Joint Scope Meeting and request any particular Subcontractor trades and/or Suppliers whose presence Owner deems necessary. Owner, Contractor, and any possible Subcontractor(s) or Supplier(s) that Owner has requested or Contractor deems necessary will participate in the Joint Scope Meeting. Joint Scope Meetings may be held in person at the Project Site for the Work. The purpose of the Joint Scope Meeting is to provide Owner and Contractor with a mutually shared understanding of the Work that Owner contemplates Contractor may perform. A walk-through of the Project Site may be conducted as a part of the Joint Scope Meeting. The following will, if applicable, be discussed: Service Work Order number and title Project Site Names of the Project Managers of both parties to be assigned to the Project If applicable, the name of the individual to be designated by Owner as facility liaison at the Project Site Facility operations that impose limitations on the Work Existing Project Site conditions Staging areas and site access Security/Safety and Security Clearance requirements Presence of hazardous Hazardous materials Methods and alternatives for accomplishing the work Assumptions or qualifications that may apply to the work Testing and Inspection Plans for materials Whether Owner will provide Owner Drawings for the Project Whether Contractor will provide Shop Drawings for the Project Determination whether any permits must be acquired to perform the Work Whether the Owner will be self-supplying any of the materials and/or Equipment Whether other contractor(s) will participate in the work Work Whether the Owner will require Liquidated Damages for the this Project Any special safety requirements A Schedule of Values detailing the points at which percentage of completion payments are to be made and percentages owed owed. The Service Work Order Time, including Desired Project Schedule, or, if no Project Schedule, desired completion date Special insurance requirements Any other relevant topics Whether a Notice to Proceed must be issued by Owner Project Manager before the Project Work can begin. An agreed to date upon which Contractor will provide Owner with a Narrative Project Description The desired Service Work Order Proposal due date The desired Warranty Plan for the Project, if any, including mutually acceptable communication procedures for notifying Contractor of defects found during the Warranty Period, setting priorities regarding the type of defect, time period(s) required for Contractor response, and other details deemed necessary by Owner for fulfillment of the Warranty. Upon completion of the Joint Scope Meeting, the Owner will submit a Request for Service Work Order Proposal to the Contractor via the PROGEN software. At the Owner’s discretion, the Contractor’s PM or the Owner’s PM will document in writing the Detailed Statement of Work in PROGEN for which the basis of the Service Work Order Proposal shall be based. Upon agreement regarding the necessary content of the Detailed Statement of Work and when any other materials (Owner Drawings, etc.) necessary to provide a Service Work Order Proposal have been received, Contractor’s PM shall provide a Service Work Order Proposal to Owner’s PM. The Detailed Statement of Work will consist of and be prepared in accordance with the following : Service Work Order Number and Title The Service Work Order Time, including Desired Project Schedule, or, if no Project Schedule, desired completion date Liquidated Damages applicable to the Service Work Order, if any The cost data for any Non-Prepriced Tasks Items Stamped & unstamped design drawings, calculations, specifications Names of all designated Subcontractor(s) and material Supplier list Project Schedule Payment for Service Work Orders with a Service Work Order Sum of $100,000 or less will be paid as a single lump sum following Final Acceptance and shall not be paid via progress payments. Specify the lump sum payment for such an SWO. Schedule of Values -If payment for the Project will be based on progress payments, a Schedule of Values for payment will be included. Owner’s final progress payment due at Final Acceptance shall not be in an amount less than 15% of the Service Work Order Sum for the Project. Specify the Schedule of Values for such an SWO The text of the narrative Project description agreed to by the parties Any Drawings necessary to provide the Project A list of any Named Products that the parties have agreed are necessary to provide the Project A list of any other products that the Owner desires to be provided as materials A list of any planned Submittals to be provided for the Project If Owner will be self supplying any materials or equipment used in a Project, a list of the quantities and types of materials and/or equipment that will be self-supplied The Warranty Plan that will apply to the Project, if any. The Price Proposal will consist of and be prepared in accordance with the following: Prepriced Tasks: Contractor will identify and list all Task(s) and the quantities of Task(s) that Contractor has determined are necessary to provide and charge for the totality of the Work of a Project, using the Construction Task Catalog® Task descriptions. It is Contractor's sole responsibility to include all necessary Tasks and determine the quantities of those Tasks in the Price Proposal. The Unit Prices set forth in the CTC establish the prices that Contractor will use to provide Price Proposals. If Owner will be self supplying any material or equipment that are included in the Technical Specification applicable to the Task, the element of cost applicable to the material or equipment, as quoted in the CTC, will be subtracted from the CTC Unit Price used in developing the Price Proposal. If a Prepriced Task is present in the CTC, it must be used in the formulation of the Service Work Order Proposal. Immaterial differences in the description of a Task shall not be a cause for classifying a Task as a Non-Prepriced Task. Owner’s Project Manager’s determination as to whether a task is a Prepriced Task or a Non-Prepriced Task is final and binding and conclusive upon Contractor If Contractor is submitting a Non-Prepriced Task as an element of a Price Proposal, the price to be provided shall be quoted as an installed Unit Price (or demolition price if appropriate). Non-Prepriced Tasks, if any, must be identified as such in the Price Proposal. Information pertaining to such Task(s) that must be provided by Contractor when submitting a Price Proposal that utilizes a Non-Prepriced Task shall include the following: Complete narrative description of the duties of the task and a technical specification indicating material provided with the task and equipment necessary to perform the task, with cost elements assigned to each, any support drawings, any quality control notes and any inspection requirements. A cost analysis report, establishing the cost of the NPP. The cost analysis report submitted for any Non-Prepriced Task that is to be provided by Contractor’s own personnel must be based on a task description and technical specification for the Work of the Task provided as specified above and acceptable to Owner’s Project Manager. If Contractor will be performing the a Non-Prepriced Task the Cost of the NPP will be based on the following: A = Direct Labor Cost (Up through the xxxxxxx level and Fringe Benefits per Prevailing Wage Rates plus payroll taxes and insurance) of Contractor’s own employee(s) who will actually perform the Task or A - If Contractor is utilizing a Subcontractor for the labor, the Subcontractor Labor Cost established according to the below. B = Material Costs (established by the lowest of three actual quotes obtained and submitted with the cost analysis report submitted in the Price Proposal), and absent any Contractor markup or charge of any kind, C = Equipment Costs (established by the lowest of three actual quotes obtained and submitted with the cost analysis report submitted in the Price Proposal), and absent any Contractor markup or charge of any kind, The Total Cost for a Contractor provided Non-Prepriced Task = (A+B+C) x Non-Prepriced Work Task Adjustment Factor pertaining to the JOC Zone in which the Task will be performed. If Contractor will be using a Subcontractor to provide a Non-Prepriced Task the Cost of the NPP will be based on the lowest of three written quotes form Subcontractors and based on: A = Labor Cost – Of Subcontractor’s own employee(s) who will actually perform the Task B = Material Costs - Absent any Subcontractor markup or charge of any kind, C = Equipment Costs - Absent any Subcontractor markup or charge of any kind, The Total Cost for a Subcontractor provided Non-Prepriced Task = (A+B+C) x Non-Prepriced Work Task Adjustment Factor pertaining to the JOC Zone in which the Task will be performed. After a Non-Prepriced Task has been utilized in three separate Projects within a Primary JOC Zone, with the written approval of the director of Owner’s Facilities Maintenance Unit Regional Manager said Non-Prepriced Task may be added to the CTC, but only for that JOC Zone, and from that point forward shall no longer require price justification. Owner shall, during the Initial Term of this Agreement, authorize Service Work Orders the aggregate Service Work Order Sum(s) of which shall at least equal the Minimum Contract Value of this Agreement. This Minimum Contract Value shall only apply to the base term of the Agreement and not to the option years. In its Service Work Order Proposals, when directed by Owner, Contractor will provide for incidental architectural or engineering design services in accordance with applicable State laws and Owner’s licensing, insurance and indemnification requirements. Contractor's Service Work Order Proposal must include documentation including copies of any architectural plans and/or engineering calculations, and shall indicate that adequate engineering and planning for the Work has been done. Owner may require that design documents be prepared and provided in Computer Aided Design (CAD) format. Any cost for this work is included in Contractor’s Adjustment Factors. The time allowed for preparation of Contractor's Proposal will depend on the complexity and urgency of the Service Work Order. On complex Service Work Orders, such as Service Work Orders requiring engineering/architectural drawings and approvals and permits, adequate time will be provided for preparation and submittal of the necessary documents and the Proposal. In urgent situations and minor maintenance and repair Service Work Orders requiring immediate completion, the Proposal may be required quickly Review of Service Work Order Proposal Owner has the right to accept, reject, or require modification of a Service Work Order Proposal. Owner has the right, without explanation, to not authorize a Service Work Order Proposal. Contractor has no entitlement to reimbursement for SWOP preparation costs and expenses. Owner may pursue the performance of the Work contemplated by other means. By submitting a Service Work Order Proposal to Owner, Contractor offers to accomplish the totality of the Work of Project, as stated in the narrative description of the Detailed Statement of Work for the fixed price of the Service Work Order Sum, and in accordance with the Project Schedule. Absent the authorization of a Supplemental Supplementary Service Work Order by Owner that materially changes an already authorized SWO, or a change in status of a condition or assumption expressly stated in the same, the Service Work Order Sum provided in the authorized Service Work Order establishes a firm fixed price for the performance of all of the Work and provision of all of the services required to complete the Project and Contractor agrees to provide the same regardless of Contractor’s actual costs and any expenses incurred in pursuit of performance of the Work. Authorization of Service Work Orders: Owner will approve a SWOP by issuance by Owner of a Service Work Order number via Owner’s CAFM system. Only the following Owner personnel are approved to authorize SWOs: Senior Manager for Facility Management Regional Manager for Facility Operations Supervising Facility Administrator Facility Administrator AOC Customer Service Center Personnel Owner shall from time to time provide Contractor with the names of the persons filling each position. This letter will be updated from time to time as personnel change, and is effective upon receipt. These changes will not require that this Agreement be amended. A Service Work Order shall, for the purposes of this Agreement, be considered authorized by Owner and binding upon the parties when issued. Owner shall have the right to simultaneously issue authorizations for several SWOs. When authorizations for several SWOs are issued at the same time, the total of the CTC Specified Costs of all such SWOs so issued will be used to determine the Adjustment Factor that shall apply to all SWOs in the group. Following such authorization, individual SWOs in the group shall, for the purposes of this Agreement, be administered and changed in the same manner as an individually issued SWO. Unilateral Service Work Orders. If Contractor fails to submit an SWOP in a timely manner or the parties fail to finalize all appropriate details of an SWOP, Owner has the right to issue a unilateral Service Work Order, which shall conform in all material respects to the requirements for SWOs as given in this Agreement. Compensation for any Work so authorized shall be in accordance with and the same terms and conditions that apply to authorized Service Work Orders under this Agreement. Contractor must commence any Work authorized under a unilateral Service Work Order at the time stated in said Service Work Order. The authorization of a unilateral Service Work Order will not act to prejudice any of Contractor’s rights to raise Disputes or make Claims.