Ccfm-u-00-Tp420 030 r1 Change and Work Order

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 1 of 7

    ~ Revision History ~

    Rev. Date Description of Change

    0 MAR 15 08 For Preliminary

    1 AUG 1 08 For Use

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 2 of 7

    INDEX

    1.0 GENERAL

    1.1 Intent

    1.2 Definitions

    1.3 Scope of Application

    2.0 COMPOSITION OF THIS PROCEDURE

    2.1 Exhibits, Appendices and Attachments

    2.2 Related Procedures

    3.0 WVO PROCEDURE

    3.1 Work Flow Diagram

    3.2 WVO Handling Procedure

    4.0 AWO PROCEDURE

    4.1 Work Flow Diagram

    4.2 AWO Handling Practice

    5.0 DWO PROCEDURE

    5.1 Work Flow Diagram

    ATTACHMENT-1 WORK VARIATION ORDER FLOW DIAGRAM

    ATTACHMENT-2 ADDITIONAL WORK ORDER FLOW DIAGRAM

    ATTACHMENT-3 DAYWORK ORDER FLOW DIAGRAM

    ATTACHMENT-4 STANDARD TIME SHEET

    ATTACHMENT-5 WORK VARIATION ORDER

    ATTACHMENT-6 ADDITIONAL WORK ORDER

    ATTACHMENT-7 DAYWORK ORDER

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 3 of 7

    1.0 GENERAL

    1.1 INTENT

    Under the terms and conditions of TOYO CONTRACTs, TOYO has the absolute right

    at any time, to place with the CONTRACTOR, Work Orders which refer to Work

    Variation Orders (WVO), Additional Work Orders (AWO), and Daywork Orders

    (DWO), and the CONTRACTOR shall be obliged to carry out all works and services

    described therein. In order to adequately manage and administer the Work

    Orders, it is essential to establish and fully observe a detailed procedure

    for the handling of WVOs, AWOs and DWOs.

    This Change and Work Order Procedure (hereinafter referred to as the"PROCEDURE") is intended to describe the procedural requirements for the handling

    of WVOs, AWOs and DWOs, by defining VARIATIONs, ADDITIONAL WORKs

    and DAYWORKs, pursuant to the provisions in Clause 5.2 "VARIATION", Clause 5.3

    "ADDITIONAL WORK" and Clause 5.4 "DAYWORK" of the GTC, and to

    other relevant provisions of the individual CONTRACTs.

    1.2 DEFINITIONS

    In this PROCEDURE, such terms as are defined in the CONTRACT are used, and,

    where used, they have the same meaning thereby defined.

    1.3 SCOPE OF APPLICATION

    The PROCEDURE shall apply to all WVOs, AWOs and DWOs issued under

    the individual CONTRACTs, regardless of whether of a major or minor nature, or

    whether intended to form part of the temporary or permanent works.

    2.0 COMPOSITION OF PROCEDURE

    2.1 EXHIBITS, APPENDICES AND ATTACHMENTS

    The PROCEDURE consists of this text and the following attachments:

    (a) ATTACHMENT-1 "WORK VARIATION ORDER FLOW DIAGRAM",

    (b) ATTACHMENT-2 "ADDITIONAL WORK ORDER FLOW DIAGRAM",

    (c) ATTACHMENT-3 "DAYWORK ORDER FLOW DIAGRAM",

    (d) ATTACHMENT-4 "STANDARD TIME SHEET",

    (e) ATTACHMENT-5 "STANDARD WORK VARIATION ORDER",

    (f) ATTACHMENT-6 "STANDARD ADDITIONAL WORK ORDER",

    (g) ATTACHMENT-7 "STANDARD DAYWORK ORDER".

    2.2 RELATED PROCEDURE

    This procedure shall be read in conjunction with CCFM-U-00-TP420/020 :"CONTRACTOR Invoicing Procedure".

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 4 of 7

    3.0 WVO PROCEDURE

    3.1 WORK FLOW DIAGRAM

    The principles and practices of the WVO procedure are represented graphically within

    ATTACHMENT-1 "Work Variation Order Flow Diagram", indicating the

    chronological order in which the said practices shall be implemented.

    Should any doubt, ambiguity or anomaly in respect of ATTACHMENT-1 be met by the

    CONTRACTOR, he shall immediately advise TOYO, who shall make clear the intent

    of the diagram.

    3.2 WVO HANDLING PRACTICE

    (1) For each Variation, TOYO shall issue to the CONTRACTOR, a WVO in the

    agreed value, which shall form part of the final CONTRACT PRICE.

    (2) The valuation of variations shall, wherever possible, be based on unit rates

    contained within the SCHEDULE OF PRICES AND RATES of the

    CONTRACT. Where no such comparable rates exist, a mutually agreeable value

    for the works shall be negotiated, giving due regard to the level of prices and

    rates therein.

    (3) Adjustment to the CONTRACT PRICE under any WVO is to be made in

    accordance with the relevant provisions of the CONTRACT DOCUMENTS and,

    in particular, of the SPECIAL CONDITIONS.

    (4) The following practices shall be adopted by TOYO and the CONTRACTOR in

    the preparation of each WVO, depending upon the nature of the variation, and

    shall be read in conjunction with ATTACHMENT-1.

    (a) Case-I: Omission

    A WVO shall be issued for the omission of a specific work item from the

    CONTRACTOR's scope of work, only where works on that item have

    commenced, and some demolitions or downtakings are required. The valueof the variation shall be calculated by deducting the total cost of the work

    item, and adding the value of works completed, plus the evaluated costs of

    any demolitions or downtakings. TOYO shall so instruct by means of

    revised drawings, Field Revision Instruction, or the like.

    Upon instruction by TOYO, the CONTRACTOR shall halt all further

    progress immediately, evaluate the work done and costs of demolitions or

    downtakings thereto, and advise TOYO of same.

    Subsequent to evaluation of the CONTRACTOR's claim, and agreement by

    TOYO, a WVO shall be issued to the CONTRACTOR.

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 5 of 7

    (b) Case-II: Change of Quality/Specification/Nature

    In the event that TOYO determines a change in quality, specification or

    nature of the works shall be made, the CONTRACTOR shall be so

    instructed by means of revised drawings, Field Revision Instruction, or the

    like.

    Unless advised that the change(s) is urgent and for immediate action, the

    CONTRACTOR shall evaluate the change(s) in respect of both costs, and

    the effects on the work schedule. The CONTRACTOR shall advise

    TOYO of the results of his evaluation in the shortest possible time, but in

    any event, not longer than 10 (ten) days following receipt of the instruction.

    In the event that TOYO determines the work is urgent and for immediateaction, the CONTRACTOR shall implement the requirements of the

    instruction without delay, simultaneously evaluating and reporting the cost

    and schedule implications.

    Subsequent to evaluation and agreement by TOYO, a WVO shall be issued

    to the CONTRACTOR.

    (c) Case-III: Change in Dimensions, etc.

    In the event that TOYO determines a change in level, position or dimension

    is required, the CONTRACTOR shall be so instructed by means of revised

    drawings, Field Revision Instruction, or the like.

    Where work has already commenced, the CONTRACTOR shall halt all

    further progress immediately upon receipt of the said instruction; evaluate

    the work done, and immediately advise TOYO of both the costs, and the

    effects on the work schedule.

    Where no work has been carried out, the CONTRACTOR shall, in a timely

    manner, evaluate both the costs, and the effects on the work schedule, and

    advise TOYO accordingly.

    Subsequent to evaluation and agreement by TOYO, a WVO shall be issuedto the CONTRACTOR.

    4.0 AWO PROCEDURE

    4.1 WORK FLOW DIAGRAM

    The principles and practices of the AWO procedure are represented graphically within

    ATTACHMENT-2 "Additional Work Order Flow Diagram", indicating the

    chronological order in which the said practices shall be implemented.

    Should any doubt, ambiguity or anomaly in respect of ATTACHMENT-2 be met by the

    CONTRACTOR, he shall immediately advise TOYO, who shall make clear the intent

    of the diagram.

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 6 of 7

    4.2 AWO HANDLING PRACTICE

    (1) For each item of ADDITIONAL WORKS, TOYO shall issue to the

    CONTRACTOR, an AWO in the agreed value, but which shall be treated as a

    separate and independent contract, and therefore shall not form part of the final

    CONTRACT PRICE. Notwithstanding the foregoing, all terms and conditions of

    the prime CONTRACT shall apply.

    (2) In due consideration of the foregoing, the CONTRACTOR shall be required to

    mobilise all additional manpower and equipment as may be required for the

    timely execution of the additional works, and it shall generally be accepted that

    no extension of time to the CONTRACT shall be permitted to accommodate the

    additional works.

    (3) The valuation of ADDITIONAL WORKS shall, wherever possible, be based on

    unit rates contained within the SCHEDULE OF PRICES AND RATES of the

    CONTRACT. Where no such comparable rates exist, a mutually agreeable value

    for the works shall be negotiated, giving due regard to the level of prices and

    rates therein.

    Where daywork rates for manpower and equipment, as contained within the

    SCHEDULE OF PRICES AND RATES, are used in the pricing, no further

    addition to the value of the AWO to compensate for overheads and profits shall

    be permitted, as these are included in the daywork rates.

    (4) At TOYO's sole discretion, an AWO may be based on a Lump Sum agreement, or

    subject to remeasure upon completion of the additional works.

    (5) The following practices shall be adopted by TOYO and the CONTRACTOR in

    the preparation of each AWO, and shall be read in conjunction with

    ATTACHMENT-2.

    Details of ADDITIONAL WORKS shall be transmitted to the CONTRACTOR

    by means of revised drawings, Field Revision Instruction, or the like.

    Unless advised that the additional works are urgent and for immediate action, the

    CONTRACTOR shall evaluate the works in respect of costs, manpower require-ments, material availability, etc., and shall advise TOYO of the results of his

    evaluation in the shortest possible time, but in any event, not longer than ten(10)

    days following receipt of the instruction.

    In the event that TOYO determines the works to be urgent and for immediate

    action, the CONTRACTOR shall implement the requirements of the instruction

    without delay, simultaneously evaluating and reporting the cost implications.

    Subsequent to evaluation and agreement by TOYO, an AWO shall be issued to

    the CONTRACTOR.

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    CHANGE AND WORK ORDER PROCEDURE

    LTOYOENGINEERINGCORPORATION

    SUCURS LenVENEZUEL

    Issued AUG 1 08 Project Document No: CCFM-U-00-TP420/030 Rev.1 Page 7 of 7

    5.0 DWO PROCEDURE

    5.1 WORK FLOW DIAGRAM

    The principles and practices of the DWO procedure are represented graphically within

    ATTACHMENT-3, "Daywork Order Flow Diagram", indicating the chronological

    order in which the said practices shall be implemented.

    Should any doubt, ambiguity or anomaly in respect of ATTACHMENT-3 be met by the

    CONTRACTOR, he shall immediately advise TOYO, who shall make clear the intent

    of the diagram.

    (1) DWOs may be issued to the CONTRACTOR for any works as TOYO considersappropriate. In general, such works shall comprise elements for which the

    establishment of unit rates or lump sums is unfeasible, due to unknown and/or

    indeterminable factors.

    (2) Payments under the DWOs are to be made by employing the unit rates for

    manpower and construction equipment given in the SCHEDULE OF PRICES

    AND RATES of the CONTRACT. Such rates are to be fully inclusive of labour

    costs, transportation, small tools, fuel, routine maintenance, overheads and profit,

    etc.

    (3) TOYO shall, daily, instruct the CONTRACTOR in the manpower and equipment

    levels to be utilised on works carried out under DWO, and the CONTRACTOR

    shall not, under any circumstances increase the said manpower and equipment

    levels, without prior approval from TOYO.

    (4) Time Sheets, as sampled herein under ATTACHMENT-4, shall be made out by

    the CONTRACTOR, giving full details of the works performed; manpower and

    equipment employed on the works; hours worked; applicable unit rates; and the

    sheet total. Time Sheets shall be submitted on a daily basis. Where no applicable

    rate is included in the SCHEDULE OF PRICES AND RATES, TOYO and the

    CONTRACTOR shall determine a mutually agreeable rate, giving due

    consideration to the level of other, comparable rates.

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