Contractor Proposed Change Order. Contractor may also propose a Change Order involving either additions, deletions, or revisions to the Work, or any obligations imposed upon the Parties under this Agreement. Contractor’s proposed Change Order shall be in the form of a Request for Change (“RFC”) which shall explain, in writing, Contractor’s basis for requesting the Change Order and the impact of the proposed Change Order on the Project Schedule, the cost of Work, the Agreement documents and Deliverables, and any other interdependent Work, including but not limited to, the Acceptance Criteria, training, documentation, performance, resources, data conversion, users, re-engineering tasks, and all other aspects of the Project, as provided in this Agreement.
Contractor Proposed Change Order. Should circumstances arise which, in the opinion of the Contractor, justify additional compensation or time or require changes in the Work specified by the Agreement, Contractor may propose a change order by written request, including sufficient information regarding cost and schedule to provide a basis for negotiation with SANDAG, as provided in this section, including references to applicable provisions of the Agreement; the factual reasons for which Contractor believes a revision to the Work, additional compensation, or a schedule extension is called for; and an estimate of any cost increase or schedule extension. Where applicable, Contractor shall also include a line by line cost estimate with detail provided on all labor and materials, including rates as provided for in Exhibit B, Cost Proposal. If requested by SANDAG Contractor shall promptly meet with the SANDAG Project Manager or any other designated representative of SANDAG involved in evaluating the Contractor’s proposed Change Order. Following such discussion(s), and not later than 30 calendar days after submission of the proposed change order, SANDAG will either: (i) initiate a Change Order for Contractor’s signature under Section 14.6 of this Agreement; (ii) issue a written denial of Contractor’s proposed Change Order; or (iii) accept the proposal in part and deny it in part, initiating a change order for those portions accepted. If Contractor agrees with the terms and conditions of any such Change Order, Contractor shall sign a copy of the Change Order and return it to the SANDAG Project Manager, and Contractor shall promptly proceed with the Work as indicated therein. If Contractor disagrees with SANDAG’s action, it may file a protest under Section 14.7 of this Agreement. If the Contractor fails to protest in accordance with the applicable procedures, Contractor shall not be entitled to file a claim for additional compensation or schedule extension or other remedy under Section 15 of this Agreement. Notwithstanding any request for a Change Order, Contractor’s duty to complete the Work in accordance with the provisions of the Agreement shall not be postponed or abated.
Contractor Proposed Change Order. Contractor may also propose a Change Order involving either additions, deletions, or revisions to the Work, or any obligations imposed upon the Parties under this Agreement. Contractor’s proposed Change Order shall be in the form of a Request for Change (“RFC”) which shall explain, in writing, Contractor’s basis for requesting the Change Order and the impact of the proposed Change Order on the Project Schedule, the cost of Work, the Agreement documents and Deliverables, and any other interdependent Work, including but not limited to, the Acceptance Criteria, training, documentation, performance, resources, data conversion, users, re-engineering tasks, and all other aspects of the Project, as provided in this Agreement. Any Change Order requiring a Project price adjustment that results in an overall increase to the not to exceed Project compensation (Section 3.3), shall be agreed to in writing by the Parties and executed in the same manner as this Agreement pursuant to Section 11.5 (“Modification of Agreement”). All Change Orders must be approved, in writing, by City’s Project Manager. Contractor shall not proceed with any work contemplated in any Change Order until it receives written notification to commence such work from City’s Project Manager. The City shall have authority to order minor changes in the Work not involving either an adjustment in the total contract sum or an extension of the time for completion of the Work. The City’s Project Manager may waive a variation in the Work if, in his or her opinion, such variation does not materially change the Work or the Program’s performance.
