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Section 9 – Changes and Claims

The proposed change shall not cause undue interruption of the Work, nor shall it

extend the Contract Time.

The proposed change shall comply with all applicable permits, regulations, and code

requirements, and any other requirements as set forth in the Contract. The

proposed change shall not involve payment of royalties by the Agency to the

The Contractor shall submit a brief description of the proposed CICP prior to preparing the

detailed submittal as outlined below.

A CICP submittal must contain pertinent information in supporting documents for Agency

evaluation. As a minimum, the following information shall be submitted:

1. Name of individuals associated with the development and preparation of the CICP.

2. A detailed description and duly signed plans and specifications showing work as

presently designed and the proposed changes.

3. A clear identification of all advantages and disadvantages for each proposed

4. A detailed procedure and schedule for implementing the proposed change. This

detailed procedure and schedule shall include all necessary Contract amendments.

Also indicated must be the latest date that the CICP can be approved for

5. A summary of estimated costs, including the following:

a. Project construction costs before and after the CICP. This shall be a detailed

estimate identifying the following items for each trade involved in the CICP:

Quantities of material and equipment

Unit prices of materials and equipment

Labor hours and rates for installation

Subcontractor and prime Contractor mark ups

Operation and maintenance costs before and after the CICP

Cost for implementing the CICP not included elsewhere

b. Contractor's share of the savings based on the sharing provision in Section 9-

3.05, “Sharing Provisions and Formula”, in this Section of these

c. Other data as required by local permits and regulations and code

requirements as set forth in the Contract.

6. Time required for execution of the proposed change.

To the extent indicated herein, the Contractor may restrict the Agency's use of any CICP or

the supporting data submitted pursuant to this program. Suggested wording for inclusion in

CICP's is as follows:

"This data furnished pursuant to the construction incentive clause of the Contract shall

not be disclosed or duplicated in whole or in part beyond what is necessary to

accomplish the review. This restriction does not limit the Agency's right to use the

information if it is available from any source without limitations. The Agency has the

right to duplicate, use and disclose any information if the CICP is accepted."

The Agency may modify, accept, or reject the CICP. However, if the CICP is modified or not

acted upon within the time allotted in the proposal, the Agency will not be liable for the

Contractor's cost of developing the CICP if it is withdrawn or rejected.

The Agency will use the processing procedure specified for Change Orders in Section 9-14,

“Contract Change Order (CCO)”, in this Section of these Specifications, if a CICP is accepted.