Pricing of Change Orders Sample Clauses
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:
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.
Pricing of Change Orders. The value of a change order shall be determined by one of the following methods
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%).
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.
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 ...