Pricing of Change Orders Clause Samples

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Pricing of Change Orders. The value of a change order shall be determined by one of the following methods
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Pricing of Change Orders. The District and the DB Contractor, on its own behalf and on behalf of its Subcontractors, shall endeavor to negotiate, in good faith, a reasonable cost for each Change Order. Subject to the foregoing exceptions, in general, the price of a Change Order shall be negotiated in accordance with this Section 15.7 or shall be based on Force Account records pursuant to Section 15.4. Risk associated with the Work described in the Change Order, defined as scope development risk, may be included in a Change Order through an additional amount agreed to by the District and the DB Contractor. For any such request, the DB Contractor shall include a justification detailing why the requested change order should be considered a scope development risk.
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Pricing of Change Orders. The pricing of Change Orders, and any cost or credit to Owner resulting therefrom, shall be determined, as applicable, in one or more of the following ways:
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Pricing of Change Orders. ‌ (a) Upon delivery by either Party of a proposal for a Change Order, the Parties shall engage in good faith discussions regarding the feasibility of any proposed change subject to Schedule A IV.A.5. Within 30 days (or such period as is commercially practicable) following the Parties mutually confirming that a proposed change is feasible, Contractor will provide CM with a pricing proposal to deploy and operate the Technology Improvements and other Work described in the Change Order, as applicable. (b) The pricing proposal associated with a Change Order shall set out the net cost to Contractor to implement the Change Order, and will itemize the following costs, to the extent applicable: (i) capital, operating, construction and maintenance costs, (ii) Contractor’s interest costs (cost of borrowing) over the Term, (iii) retired asset costs, (iv) adjustments for inflation, and (v) a cumulative amount representing Contractor’s mark-up or margin on account of Contractor’s profit, administration and overhead in respect of the Change Order which shall not exceed [•] ([•]) percent and, without duplication, Contractor’s return on any capital investments in respect of the Change Order which shall also not exceed [•] ([•]) percent. (c) Pricing will be established using an open book “cost plus” approach whereby the price will be the total of the actual cost of the items which are reasonably and necessarily directly incurred by Contractor in accordance with the Change Order, net of any savings or credits to be materialized, plus Contractor’s agreed margin on account of overhead and administration costs. (d) Contractor shall identify to CM any Related Party to which any Change Order costs will be paid, including the nature of the relationship, and shall provide such evidence as is reasonably required to demonstrate the costs being charged are no more than those that would be charged by an arm’s length person. (e) The annualized cost of implementing a Change Order shall be prorated on the total quantity of Collected Material Preconditioned in the previous year to generate a $/Tonne rate which then will be added to the existing Preconditioning Fee. Any variability in annual tonnages that result in under or over payment in respect of such Change Order will be accounted for and trued up annually.‌ (f) Where a Change Order results directly or indirectly in a net savings, the adjustment to the $/Tonne rate payable may be a reduction. The Parties agree that in determining “net s...
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Pricing of Change Orders. The Alamo RMA and Design/Builder (on its own behalf and on behalf of its Subcontractors) shall endeavor to negotiate, in good faith, a reasonable cost for each Change Order, provided that unilateral Change Orders are not subject to negotiations. In general the price of a Change Order shall be negotiated in accordance with this Section 14.6 or shall be based on time and materials records pursuant to Section 14.7. The beginning base line for negotiations to determine the price of a Change Order shall be based upon one of the following methods: (1) TxDOT Prices or (2) RS Means Heavy Construction Cost Data Book – Latest Edition.
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Pricing of Change Orders. In the event Owner and Contractor are unable to mutually agree on a change to the Contract Price, resulting from a change made pursuant to this Article 9, the amount of the increase or decrease shall be limited to Contractor's actual and direct (a) personnel and labor expenses, (b) material and equipment costs, and (c) extended general conditions expenses (including bond premiums), reasonably incurred as a result of the change, plus a maximum five percent (5%) markup for overhead and profit; provided, however, there shall be no additional general conditions expenses payable to Contractor on the first Five Hundred Thousand and No/100ths Dollars ($500,000.00). In the event such change Work is performed by subcontractors or sub-subcontractors, a maximum five percent (5%) markup for each of those subcontractors or sub-subcontractors for all overhead and profit on their direct labor and material costs shall be permitted, with a maximum five percent (5%) markup thereon by Contractor for its overhead and profit, for a total maximum markup of ten percent (10%).
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Related to Pricing of Change Orders

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article

  • JOC Pricing of Itemized List of Means Non-Prepriced Items” based on the information herein. This Addendum is only to correct a misstatement on the original optional attachment entitled “PART 2 JOC Pricing of Itemized List of Means Non-Prepriced Items.” The attachment mistakenly provided for and discussed “Attribute 39.” Specifically, any erroneous reference to “Attribute 39” on the specified attachment should be considered immediately replaced with “the Attribute Question asking for Pricing for Markup of Non- Prepriced Items in RS Means Unit Price Book.” Please disregard any reference to Attribute 39 on this optional form and consider it to be referencing the Attribute Question asking for “Pricing for Markup of Non-Prepriced Items in RS Means Unit Price Book” instead.

  • Change Order Process 12.2.1 Contractor shall provide Notice to Owner as soon as practicable, but no later than five (5) Business Days, after the time when Contractor knows of the impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that will impact the Work. Failure to provide such Notice within ten (10) Business Days after the time when Contractor knows of the impact of any Force Majeure Event shall be deemed to be a waiver of the Contractor’s right to receive a Change Order with respect thereto. Such Notice shall, to the extent practicable, specify the estimated impact on the Target Price and/or the Project Schedule, as applicable, the impact upon the various portions of the Work occasioned by reason of such Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, and shall substantiate the foregoing to the satisfaction of Owner. In the event that Contractor does not know or is unable to specify with reasonable certainty the impact upon the Work at the time such Notice is to be delivered, Contractor shall instead provide Owner with a notice of a potential or anticipated impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that could impact the Work, and shall thereafter provide Owner (and, if requested by Owner, the Independent Engineer) with periodic supplemental Notices during the period that the Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, as applicable, continues, detailing any developments, progress or other relevant information of which Contractor is aware. To the extent Owner (in consultation with the Independent Engineer with respect to a Material Change) agrees with the Contractor’s determination of a Force Majeure Event or Owner Caused Delay or any other basis for a Change Order, as applicable, and the effects thereof, Owner shall notify Contractor of Owner’s acceptance. In the event Owner (in consultation with the Independent Engineer with respect to a Material Change) does not accept the Contractor’s findings, Owner or Contractor shall be permitted to dispute such Change Order in accordance with Article 36, and Contractor shall be paid for any Work performed in respect of such disputed Change Order as provided in Section 12.2.5. 12.2.2 As soon as practicable, and in any event within fifteen (15) Days (or such other period as is mutually agreed by Owner and Contractor) after receipt from Owner of a request for a change or Notice of Owner’s acceptance under Section 12.2.1, Contractor shall submit to Owner a proposal for implementing the change indicating the estimated change to the Target Price and/or the Project Schedule, as applicable. If Owner (having consulted with the Independent Engineer in the case of a Material Change) agrees that the Contractor’s proposal should be implemented, Owner (having consulted with the Independent Engineer in the case of a Material Change) shall issue a Change Order incorporating such proposal. Upon receiving such Change Order, Contractor shall diligently perform the change in accordance with the terms thereof. 12.2.3 Contractor’s proposal required pursuant to Section 12.2.2 shall consist of: (a) a detailed material take-off with supporting calculations in accordance with the pricing structure herein, for pricing the change, (b) revisions, if any, to the Drawings and Specifications, (c) a schedule for the work associated with the proposed change, (d) the effect, if any, to the Target Price and/or the Project Schedule, as applicable, (e) the effect, if any, of the change on the Work, including the Performance Tests and/or Demonstration Tests (or protocol therefor), (f) changes, if any, to any right, liability or obligation of a Party or any other provision hereof and (g) changes, if applicable, to any Applicable Deadline.

  • Auction Schedule; Method of Submission of Orders (a) The Funds and the Auction Agent shall conduct Auctions for each series of Preferred Shares in accordance with the schedule set forth below. Such schedule may be changed at any time by the Auction Agent with the consent of the Fund, which consent shall not be withheld unreasonably. The Auction Agent shall give notice of any such change to BD. Such notice shall be received prior to the first Auction Date on which any such change shall be effective. Time Event ---- ----- By 9:30 A.M. Auction Agent advises the Funds and the Broker-Dealers of the Maximum Rate as set forth in Section 3.2(a) hereof.

  • Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded vendor under this Agreement when the TIPS Member has services that need to be undertaken. Notification may occur via phone, the web, email, fax, or in person. Upon notification of a pending request, the awarded vendor shall make contact with the TIPS Member as soon as possible, but must make contact with the TIPS Member within two working days. Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a Purchase Order and/or an Agreement or Contract that will serve as “the notice to proceed” as agreed by the Vendor and the TIPS Member. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS Member or a designated representative of the TIPS Member inspect the work for acceptance under the scope and terms in the Purchase Order and/or Agreement or Contract. The TIPS Member will issue in writing any corrective actions that are required. Upon completion of these items, the TIPS Member will issue a completion notice and final payment will be issued per the contractual requirements of the project with the TIPS Member. Any Construction contract prepared by the TIPS Member’s Legal Counsel may alter the terms of this subsection, “Scheduling of Projects”.