Change Order Pricing. The price of a Change Order under this Section 10.6 shall be a negotiated lump sum price or unit prices as provided below. Lump sum price or unit prices shall be based on the original allocations of the Maintenance Price to comparable activities, whenever possible. If reference to price allocations is not possible and if requested by TxDOT, negotiation for lump sum or unit price Change Orders shall be on an Open Book Basis and may be based on the pricing contained in the EPDs as well as Subcontractors’ bid prices.
Change Order Pricing. Contractor and all enrolled Subcontractors will price each change order to exclude the cost of insurance.
Change Order Pricing. (i) Modifications or adjustments of TxDOT’s compensation under this Tolling Services Agreement as a consequence of a Change Order or Change Directive shall be based upon the increase or decrease in (A) where applicable, TxDOT’s marginal costs directly attributable to the change and a reasonable rate of return commensurate with the risks undertaken by TxDOT under the terms of this Tolling Services Agreement respecting the affected services and under the method of pricing such services, and (B) where marginal costs are not applicable because the change requires additional or supplemental services beyond those TxDOT is already providing generally for itself, its road system, its customers, Developer and other developers, or because the change reduces services originally priced other than on a marginal cost basis, then TxDOT’s reasonable costs directly attributable to the change and a reasonable rate of return commensurate with the foregoing risks.
(ii) Modifications or adjustments (whether an increase or decrease) of TxDOT’s compensation shall be determined in the order of preference set forth below:
(A) Adjustments to rates using the pricing structure and methodology set forth in Section 6;
(B) If there is no agreement to rate adjustments or the Parties mutually agree that the adjustment is best done with unit prices, then an adjustment shall be negotiated using the unit prices agreed upon;
(C) If there is no agreement to unit pricing or the Parties mutually agree that the adjustment is best done with lump sum pricing, then an adjustment shall be negotiated using a lump sum; or
(D) If the Parties cannot reach agreement using the above methods and Developer has the right to, and does, issue a Change Directive to perform the changed services, TxDOT shall promptly proceed with the changed services, and the adjustment shall be determined on a time and materials basis applying marginal costs or cost savings, or the actual, reasonable direct costs or savings, as applicable, for the services attributed to the Change Directive, plus or minus an amount reflecting a reasonable rate of return commensurate with the risks described in Section 17(d)(i). In such case, (I) payments shall be due monthly within 30 days after TxDOT delivers to Developer written invoices and back-up documentation reasonably required by Developer, and (II) TxDOT shall keep and present, in such form as Developer may reasonably require, an itemized accounting together with appropriate supporting d...
Change Order Pricing. Pricing for an additional Job Order shall be determined in the same way as pricing used for the originally issued Job Order.
Change Order Pricing. All Change Orders must be priced in accordance with the rates set out in the Pricing Schedule. If the Rates set out in the Pricing Schedule are not applicable to the Change Order, the Parties shall first attempt to negotiate a mutually acceptable lump sum increase or decrease to the Contract Price properly itemized and supported by sufficient substantiating data to permit evaluation.
Change Order Pricing. CMR may include the CMR Fee on all CMR Change Order work negotiated during the Construction Phase. The CMR Fee shall supplant the references to overhead and profit imposed by UGC Section 11.8.
1. Except as otherwise provided in the Special Conditions, if any, the Subcontractor overhead and profit mark-up limitations imposed by UGC Section 11.8.1 are unaffected by this paragraph and are not changed. If TFC agrees to a change in the GMP during the Construction Phase that results from a change in the scope of the Project, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in this Section to the amount of the change in the GMP. The Construction Phase Fee will not be adjusted for changes to the Project that do not change the GMP.
Change Order Pricing. Time and Material Prices.
Change Order Pricing. (i) Modifications or adjustments of TxDOT’s compensation under this Tolling Services Agreement as a consequence of a Change Order or Change Directive shall be based upon the increase or decrease in (A) where applicable, TxDOT’s marginal costs directly attributable to the change and a reasonable rate of return commensurate with the risks undertaken by TxDOT under the terms of this Tolling Services Agreement respecting the affected services and under the method of pricing such services, and
Change Order Pricing. DB may include the DB Fee on all DB Change Order work negotiated during the Construction Phase. The DB Fee shall supplant the references to overhead and profit imposed by UGC Section 11.8.
1. Except as otherwise provided in the Special Conditions, if any, the Subcontractor overhead and profit mark-up limitations imposed by UGC Section 11.8.1 are unaffected by this paragraph and are not changed. If TFC agrees to a change in the DB Proposal during the ConstructionPhase that results from a change in the scope of the Project, the DB Fee shall be equitably adjusted by applying the percentage established in this Section to the amount of the change in the Stipulated Sum. The DB Fee will not be adjusted for changes to the Project that do notchange the Stipulated Sum of the contract.
Change Order Pricing. Unit Prices
