Common use of Scope Change by Concessionaire Clause in Contracts

Scope Change by Concessionaire. If a Scope Change is initiated by Concessionaire (including a Scope Change resulting from a change in Applicable Standards after the Agreement Date that Concessionaire determines should apply to the DB Work, if such changes do not otherwise constitute a Change in Law covered by Section 12.5 hereof or a Technical Requirements Revision covered by Section 12.3.2 hereof), Concessionaire shall give Contractor a written “Proposal Request” (herein so called) setting forth in detail the nature of the requested change, and if the forecasted cost to carry out such Scope Change exceeds the amount of remaining overrun contingency built in the financial model, Concessionaire shall reasonably demonstrate to Contractor that it has sufficient funds to pay for the costs of such Scope Change. Within twenty-one (21) days after receipt of a Proposal Request, Contractor shall provide Concessionaire with a preliminary written response, and within a reasonable time thereafter (not to exceed thirty (30) days) provide to Concessionaire two (2) completed copies of its definitive “Change Order Proposal” (herein so called) setting forth in detail, to the extent known at such time, with a separate pay item (addition or deletion) for purchase and installation of equipment and materials and an otherwise suitable breakdown of costs by trades and DB Work classifications, a stipulated sum proposed as an adjustment to the Contract Sum for the performance of the Scope Change set forth in the Proposal Request, together with any proposed adjustment to the Guaranteed Substantial Completion Date, the Scope Document and the Payment and Values Schedule or other changes in the Contract Documents necessary because of such proposed Scope Change. The adjustment, if any, to the Guaranteed Substantial Completion Date and the Payment and Values Schedule specified in any Change Order Proposal shall be limited to the delays to the Critical Path directly attributable to and necessarily incurred as a result of the proposed Scope Change. Each Change Order Proposal shall be accompanied by appropriate data reasonably acceptable to Concessionaire supporting the proposed adjustments therein, including but not limited to bids, cost estimates, quotations from suppliers and wage schedules. If Concessionaire approves Contractor’s Change Order Proposal, Concessionaire will issue and Contractor will execute and accept a written Scope Change Order in the form attached to this Agreement as Exhibit G, and the Contract Sum, the Payment and Values Schedule, the Guaranteed Substantial Completion Date and any other appropriate changes in the Contract Documents shall be adjusted as set forth in such Scope Change Order. If Concessionaire does not approve Contractor’s Change Order Proposal, Concessionaire may, at its option, execute and deliver to Contractor a Work Order in accordance with Section 12.9 hereof in lieu of the Scope Change Order.

Scope Change by Concessionaire. If a Scope Change is initiated by Concessionaire (including a Scope Change resulting from a change in Applicable Standards after the Agreement Date that Concessionaire determines should apply to the DB TTMS Work, if such changes do not otherwise constitute a Change in Law covered by Section 12.5 hereof or a Technical Requirements Revision covered by Section 12.3.2 hereofRevision), Concessionaire shall give Contractor a written “Proposal Request” (herein so called) setting forth in detail the nature of the requested change, and if the forecasted cost to carry out such Scope Change exceeds the amount of remaining overrun contingency built in the financial model, Concessionaire shall reasonably demonstrate to Contractor that it has sufficient funds to pay for the costs of such Scope Change. Within twenty-one fourteen (2114) days after receipt of a Proposal Request, Contractor shall provide Concessionaire with a preliminary written response, and within a reasonable time thereafter (not to exceed thirty fourteen (3014) days) provide to Concessionaire two (2) completed copies of its definitive “Change Order Proposal” (herein so called) setting forth in detail, to the extent known at such time, with a separate pay item (addition or deletion) for purchase and installation of equipment and materials and an otherwise suitable breakdown of costs by trades and DB TTMS Work classifications, a stipulated sum proposed as an adjustment to the Contract Sum for the performance of the Scope Change set forth in the Proposal Request, together with any proposed adjustment to the 395 Guaranteed Substantial Final Completion Date, the Scope Document of Work and the Payment and Values Schedule or other changes in either the Contract Documents Comprehensive Agreement or this Agreement necessary because of such proposed Scope Change. The stipulated sum set forth in each Change Order Proposal shall equal the amount obtained by (a) calculating the difference of (i) Contractor’s good faith estimate of the actual costs of the proposed Scope Change, but including only such costs as are directly attributable to and necessarily incurred as part of the proposed Scope Change and are not included in Contractor’s existing administrative and overhead expenses, and (ii) Contractor’s good faith estimate of the cost savings, if any, that will result from the replacement or obviation of previously planned TTMS Work by the performance or supply of the proposed Scope Change, then (b) provided the difference obtained in clause (a) is a positive number, adding to such difference an amount to cover the total of Contractor’s overhead costs and Contractor’s profit for services rendered calculated through application of the overhead and profit percentages set forth in Section 12.9 hereof. The adjustment, if any, to the 395 Guaranteed Substantial Final Completion Date and the Payment and Values Schedule specified in any Change Order Proposal shall be limited to the delays to the Critical Path directly attributable to and necessarily incurred as a result of the proposed Scope Change. Each Change Order Proposal shall be accompanied by appropriate data reasonably acceptable to Concessionaire supporting the proposed adjustments therein, including but not limited to bids, cost estimates, quotations from suppliers and wage schedules. If Concessionaire approves Contractor’s Change Order Proposal, Concessionaire will issue and Contractor will execute and accept a written Scope Change Order in the form attached to this Agreement as Exhibit G, and the Contract Sum, the Payment and Values Schedule, the 395 Guaranteed Substantial Final Completion Date and any other appropriate and necessary changes in either the Comprehensive Agreement or the 395 Design- Build Contract Documents shall be adjusted as set forth in such Scope Change Order. If Concessionaire does not approve Contractor’s Change Order Proposal, Concessionaire may, at its option, execute and deliver to Contractor a Work Order in accordance with Section 12.9 12.8 hereof in lieu of the Scope Change Order.

Scope Change by Concessionaire. If a Scope Change is initiated by Concessionaire (including a Scope Change resulting from a change in Applicable Standards after the Agreement Date that Concessionaire determines should apply to the DB TTMS Work, if such changes do not otherwise constitute a Change in Law covered by Section 12.5 hereof or a Technical Requirements Revision covered by Section 12.3.2 hereofRevision), Concessionaire shall give Contractor a written “Proposal Request” (herein so called) setting forth in detail the nature of the requested change, and if the forecasted cost to carry out such Scope Change exceeds the amount of remaining overrun contingency built in the financial model, Concessionaire shall reasonably demonstrate to Contractor that it has sufficient funds to pay for the costs of such Scope Change. Within twenty-one fourteen (2114) days after receipt of a Proposal Request, Contractor shall provide Concessionaire with a preliminary written response, and within a reasonable time thereafter (not to exceed thirty fourteen (3014) days) provide to Concessionaire two (2) completed copies of its definitive “Change Order Proposal” (herein so called) setting forth in detail, to the extent known at such time, with a separate pay item (addition or deletion) for purchase and installation of equipment and materials and an otherwise suitable breakdown of costs by trades and DB TTMS Work classifications, a stipulated sum proposed as an adjustment to the Contract Sum for the performance of the Scope Change set forth in the Proposal Request, together with any proposed adjustment to the Xxxx Ex Guaranteed Substantial Final Completion Date, the Scope Document of Work and the Payment and Values Schedule or other changes in either the Contract Documents Comprehensive Agreement or this Agreement necessary because of such proposed Scope Change. The stipulated sum set forth in each Change Order Proposal shall equal the amount obtained by (a) calculating the difference of (i) Contractor’s good faith estimate of the actual costs of the proposed Scope Change, but including only such costs as are directly attributable to and necessarily incurred as part of the proposed Scope Change and are not included in Contractor’s existing administrative and overhead expenses, and (ii) Contractor’s good faith estimate of the cost savings, if any, that will result from the replacement or obviation of previously planned TTMS Work by the performance or supply of the proposed Scope Change, then (b) provided the difference obtained in clause (a) is a positive number, adding to such difference an amount to cover the total of Contractor’s overhead costs and Contractor’s profit for services rendered calculated through application of the overhead and profit percentages set forth in Section 12.9 hereof. The adjustment, if any, to the Xxxx Ex Guaranteed Substantial Final Completion Date and the Payment and Values Schedule specified in any Change Order Proposal shall be limited to the delays to the Critical Path directly attributable to and necessarily incurred as a result of the proposed Scope Change. Each Change Order Proposal shall be accompanied by appropriate data reasonably acceptable to Concessionaire supporting the proposed adjustments therein, including but not limited to bids, cost estimates, quotations from suppliers and wage schedules. If Concessionaire approves Contractor’s Change Order Proposal, Concessionaire will issue and Contractor will execute and accept a written Scope Change Order in the form attached to this Agreement as Exhibit G, and the Contract Sum, the Payment and Values Schedule, the Xxxx Ex Guaranteed Substantial Final Completion Date and any other appropriate and necessary changes in either the Comprehensive Agreement or the Xxxx Ex Design- Build Contract Documents shall be adjusted as set forth in such Scope Change Order. If Concessionaire does not approve Contractor’s Change Order Proposal, Concessionaire may, at its option, execute and deliver to Contractor a Work Order in accordance with Section 12.9 12.8 hereof in lieu of the Scope Change Order.

Scope Change by Concessionaire. If a Scope Change is initiated by Concessionaire (including a Scope Change resulting from a change in Applicable Standards after the Agreement Date that Concessionaire determines should apply to the DB Work, if such changes do not otherwise constitute a Change change in Applicable Law covered by Section 12.5 hereof or a change in the Technical Requirements Revision covered by Section 12.3.2 hereof), Concessionaire shall give Contractor a written “Proposal Request” (herein so called) setting forth in detail the nature of the requested change, and if the forecasted cost to carry out such Scope Change exceeds the amount of remaining overrun contingency built in the financial model, Concessionaire shall reasonably demonstrate to Contractor that it has sufficient funds to pay for the costs of such Scope Change. Within twenty-one (21) days after Upon receipt of a Proposal Request, Contractor shall provide Concessionaire with a preliminary written response, and within a reasonable time thereafter (not to exceed thirty (30) days) provide promptly return to Concessionaire two (2) completed copies of its definitive written “Change Order Proposal” (herein so called) setting forth in detail, to the extent known at such time, with a separate pay item (addition or deletion) for purchase and installation of equipment and materials and an otherwise suitable breakdown of costs by trades and DB Work work classifications, a stipulated sum proposed as an adjustment to the Contract Sum for the performance of the Scope Change set forth in the Proposal Request, together with any proposed adjustment to the Guaranteed Substantial Completion Date, the Scope Document and the Payment and Values Schedule or other changes in the Contract Documents necessary because of such proposed Scope Change. The adjustment, if any, to the Guaranteed Substantial Completion Date and the Payment and Values Schedule specified in any Change Order Proposal shall be limited to the delays to the Critical Path critical path directly attributable to and necessarily incurred as a result of the proposed Scope Change. Each Change Order Proposal shall be accompanied by appropriate data reasonably acceptable to Concessionaire supporting the proposed adjustments therein, including but not limited to bids, cost estimates, quotations from suppliers and wage schedules. If Concessionaire approves Contractor’s Change Order Proposal, Concessionaire will issue and Contractor will execute and accept a written Scope Change Order in the form attached to this Agreement as Exhibit G, and the Contract Sum, the Payment and Values Schedule, Schedule and the Guaranteed Substantial Completion Date and any other appropriate changes in the Contract Documents shall be adjusted as set forth in such Scope Change Order. If Concessionaire does not approve Contractor’s 's Change Order Proposal, Concessionaire may, at its option, execute and deliver to Contractor a Work Order in accordance with Section 12.9 hereof in lieu of the Scope Change Order.Section