Common use of Work Orders Clause in Contracts

Work Orders. When the Contractor believes extra work is warranted he shall promptly notify the Engineer in writing within 2 days of such a determination. Should the Engineer agree with the Contractor’s assessment of extra work then within 7 days or as mutually decided with the Engineer, the Contractor shall determine the extent of such work and detail in his request what additional compensation and/or time he seeks, if any, relative to his determination. The Contractor’s submittal shall be in sufficient detail to enable the Engineer to determine the basis for entitlement. Failure on the part of the Contractor to furnish sufficient documentation or to qualify his reason for failure to do so will delay the determination of entitlement for such work. If such delay occurs, it will in no way relieve the Contractor of his obligation to meet the time limits or other requirements established for the contract or constitute basis for a delay claim on the part of the Contractor. Prior to the actual execution of a work order the Engineer will require the Contractor to provide unit prices for the proposed work that shall be based on the unit prices submitted with the Contractor’s bid (Schedule of Bid items) , and any requested Contract Time extension. If the Contractor requests a time extension, the proposed time extension will only be considered if the work is a controlling work item or affects the critical path for a project milestone or project completion. Any justifiable time extension given must be included at the time the work order is developed. For projects without a critical path method scheduling specification, the Contractor shall include detailed information on how the controlling item of work was affected in accordance with the requirements detailed in that specification. Any time extension given on a Fixed Date contract, including time extensions in accordance with the requirements of Section 108.04 of the Specifications, must be added to the contract by work order. Upon receipt and review of the Contractor’s costs for the proposed work, if it is found that the Contractor’s prices and/or the time differ considerably from the Department’s estimate, the Engineer may request the Contractor to provide support for his unit prices and/or his requested time extension. Where the Department and the Contractor can determine and agree upon an accurate cost and time estimation for the proposed work the Engineer will issue a bilateral work order to authorize the work. When the Contractor and the Department cannot agree upon the cost and/or the time estimation for the extra work after the Engineer’s analysis and subsequent discussion with the Contractor, or where due to issues of emergency, safety, environmental damage, other similar critical factors as determined by the Department, the Engineer will act unilaterally and issue a unilateral work order to authorize the work. The issuance of a unilateral work by the Engineer shall in no way invalidate or relinquish the Contractor’s rights under the provisions of Section 105.19.