Common use of Disputed Work Clause in Contracts

Disputed Work. If the Parties fail to reach agreement with respect to the Change Order Proposal, SRTA may nevertheless direct the TSI Contractor to proceed with the Work included in the Change Order Proposal (which for purposes of Section 17 (Contract Changes) shall be hereinafter defined as “Disputed Work”). In the event of such Disputed Work, the TSI Contractor shall be obligated to proceed immediately upon notice from SRTA to perform the Disputed Work and shall be compensated by SRTA in accordance with time and Equipment rates in Exhibit E (Pricing Schedules) of this Contract. If there are no applicable Equipment rates in Exhibit E (Pricing Schedules), then SRTA shall pay TSI Contractor for the actual cost to obtain such Equipment and/or labor at the rate charged TSI Contractor plus a 9% markup. The TSI Contractor shall furnish weekly status reports regarding Disputed Work, including such documentation as SRTA may require in order to support all costs of the Disputed Work. The TSI Contractor agrees to maintain and furnish SRTA with time and materials records that will substantiate the TSI Contractor’s costs for Disputed Work.