Common use of Changes and Extra Work Clause in Contracts

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM Representative may authorize the additional or changed Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure the change or extra Work from other contractors. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater.

Appears in 7 contracts

Sources: Construction Contract, Service Agreement, Facility Maintenance Agreement

Changes and Extra Work. 1. CONTRACTOR (a) Without invalidating this Agreement, District may request initiate a change in scope of a the Work Order Package or Request on the System by advising ANAHEIM Contractor in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. , using the Contract Change Request form found in Exhibit D. As soon as practicable after written notice, CONTRACTOR Contractor shall prepare and forward to ANAHEIM District in writing the price for the change extra or extra changed Work in accordance with the Proposal Exhibit C and any required adjustment to the scheduleConstruction Schedule in Exhibit A or any other term or condition of this Agreement. Except for minor modifications in the Work not involving extra cost and not inconsistent with the purposes of the Work, and except in an emergency endangering life or property, all authorized extra Work or changes, and the agreed to price, shall be confirmed through a Change Order to this Agreement. No change or extra Work shall be effective without a Change Order accepted in writing by both Parties. The price shall include all costs associated with performing the additional extra Work or changed Workchanges, including the impact on original contract the Work, inefficiencies created by the additional extra Work or changed Workchanges, and overhead associated with the additional extra Work or changed Work. changes. (b) All extra Work and changes shall be billed at performed in accordance with the rates shown provisions and conditions of this Agreement, except as provided in the Proposal or at a lump sum price approved by ANAHEIM’s RepresentativeChange Order. 2. (c) If CONTRACTORContractor’s price or time adjustment is not accepted, CONTRACTOR Contractor shall provide the ANAHEIM District Representative with the details of and backup for its price or time estimate. If the Parties fail to agree on the a price, the ANAHEIM District Representative may authorize the additional extra or changed Work to be performed on a Timetime and material basis in accordance with the rates specified in the attached Exhibit E, Equipment and Material or Crew Hour Rate basis, while reserving made a part of the option to procure the change or extra Work from other contractorsAgreement by this reference. 3. Should changes (d) Contractor may propose Change Orders to District, using the same Contract Change Request form in Exhibit D, if those Change Orders improve the System or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish are otherwise advisable for the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized District will not be required to accept such a proposal. (e) Any changes and extra to the System or the Work and the agreed required by any Governmental Authority as a condition to price issue an Applicable Permit shall be confirmed and directed through entitle Contractor to request a Change Order to the Work Order Package or Requestin accordance with this Section 2.3. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM ANAHEIM's Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM ANAHEIM's Representative may authorize the additional changes or changed extra Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure obtain the change or extra Work from services of other contractors, or ANAHEIM’s own employees, to perform the Work in dispute. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement, except as specified in the Change Order. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall the dollar amount of an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater. In no event shall the combination of Change Orders for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM Representative may authorize the additional or changed Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure the change or extra Work from other contractors. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater. In no event shall the combination Change of Order for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 2 contracts

Sources: Contractor Agreement, Contract for Services

Changes and Extra Work. 1. CONTRACTOR 7.1 Without invalidating this Agreement, Owner may request initiate a change in scope of the Work on a Work Order Package or Request Unit by advising ANAHEIM Contractor in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR Contractor shall prepare and forward to ANAHEIM Owner in writing the price for the change extra or extra changed Work on such Unit in accordance with the Proposal Schedule 1B and any required adjustment to the scheduleConstruction and Milestone Payment Schedule or any other term or condition of this Agreement. Except for minor modifications in the Work not involving extra cost and not inconsistent with the purposes of the Work, and except in an emergency endangering life or property, all authorized extra Work or changes, and the agreed to price, shall be confirmed through a Change Order to this Agreement in respect of the relevant Unit. No change or extra Work shall be effective without a Change Order signed by Owner and accepted in writing by Contractor and the Technical Advisor to the Bank, subject to the provisions of Section 27.2. The price shall include all costs associated with performing the additional extra Work or changed Workchanges, including the impact on the original contract scope of Work, inefficiencies created by the additional extra Work or changed Workchanges, and overhead associated with the additional extra Work or changed Work. changes. 7.2 All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM Representative may authorize the additional or changed Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure the change or extra Work from other contractors. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under in accordance with the terms provisions and conditions of this Master Agreement. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified provided in the Change Order. 67.3 All Change Orders shall be paid by the Owner on a cost plus fifteen percent (15%) basis. In no event Contractor will use commercially reasonable efforts to secure at least two (2) bids for any subcontract work required for all Change Orders. 7.4 Contractor may propose Change Orders to Owner if those Change Orders improve the Units or are otherwise advisable for the Work. This shall not affect the obligation of Contractor to perform the Work and to deliver the Units in the form agreed in this Agreement. Any changes to the Units or the Work requested by any Governmental Authority as a condition to issue an individual Applicable Permit shall entitle Contractor to request a Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Requestaccordance with this Section 7, whichever is greaterSections 7.1, 7.2 and 7.3 shall apply mutatis mutandis.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Sunpower Corp)

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM ANAHEIM's Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM ANAHEIM's Representative may authorize the additional or changed Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure obtain the change or extra Work from of other contractorscontractors to perform such Work. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement, except as specified in the Change Order. All Change Orders shall be signed by both Representatives of both Parties, Parties prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall the dollar amount of an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greaterand in no event shall the combined total of Change Orders for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Master Agreement

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM ANAHEIM's Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM ANAHEIM's Representative may authorize the additional changes or changed extra Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure obtain the change or extra Work from services of other contractors, or ANAHEIM’s own employees, to perform the Work in dispute. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement, except as specified in the Change Order. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall the dollar amount of an individual Change Order exceed the sum of Fifteen Twenty-Five Thousand Dollars ($15,000.0025,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater. In no event shall the combination of Change Orders for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Master Agreement

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative. 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM ANAHEIM's Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM ANAHEIM's Representative may authorize the additional changes or changed extra Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure obtain the change or extra Work from services of other contractors, or ANAHEIM’s own employees, to perform the Work in dispute. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request.. DRAFT 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement, except as specified in the Change Order. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall the dollar amount of an individual Change Order exceed the sum of Fifteen Twenty-Five Thousand Dollars ($15,000.0025,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater. In no event shall the combination of Change Orders for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Master Agreement

Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative.. Sample Agreement 2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM ANAHEIM's Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM ANAHEIM's Representative may authorize the additional changes or changed extra Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure obtain the change or extra Work from services of other contractors, or ANAHEIM’s own employees, to perform the Work in dispute. 3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request. 4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement, except as specified in the Change Order. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work. 5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order. 6. In no event shall the dollar amount of an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater. In no event shall the combination of Change Orders for a single Work Order Package or Request exceed the sum of One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Master Agreement