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1 <br /> ' City of Everett 00 7200-23 <br /> Diversion Dam Road Phase 3 UT 3707 & UT 3708 <br /> 1. Deleting or omit any part of the Work, Equipment or material to be provided under this <br /> Contract, and <br /> 2. Increasing or decreasing quantities, <br /> ' 3. Altering Specifications, designs, or both, <br /> 4. Altering the way the Work is to be done, <br /> 5. Adding new Work or Extra Work, <br /> 6. Altering facilities, Equipment, materials, services, or sites, provided by the Owner, and <br /> 7. Ordering the Contractor to accelerate or Delay Work. <br /> ' If the Contractor and Owner do not agree upon scope of Work changed or adjustment to the <br /> Contract Sum and Contract Time, the Owner may, at its sole option, unilaterally direct the <br /> Contractor to implement any change by notice. The Owner shall not pay or be responsible or <br /> ' liable for any change implemented by the Contractor without explicit notice from the Owner to <br /> proceed. <br /> 6.2 EXTRA WORK <br /> At its sole option, the Owner may (1) perform Extra Work itself, (2) employ others to do it, (3) <br /> direct the Contractor to perform the Extra Work at existing unit bid price, (4) direct the <br /> Contractor to perform the Extra Work at a mutually agreed upon price, or (5) direct the <br /> Contractor to perform the Extra Work on a Force Account basis. <br /> 6.3 CHANGE ORDERS <br /> ' Changes to the Work may result in an increase or decrease in Contract Sum, as provided in 9.2. <br /> PAYMENT FOR CHANGES. Requests for an increase in Contract Time must be made as <br /> provided in 5.2.2.2 Extensions of Contract Time, as applicable. Substantial changes in <br /> Contract Time, Contract Sum or Work will often be negotiated and agreed between the <br /> Contractor and Owner before the Owner directs the Contractor to proceed with the change. <br /> If the Contractor and Owner agree on the scope of Work and any changes to Contract Sum and <br /> Contract Time, the Contractor and Owner shall execute an agreed Change Order. However, if <br /> the Contractor and Owner do not agree, the Owner may, in its sole discretion, issue a unilateral <br /> Change Order changing the scope of Work and making any adjustments to the Contract Sum <br /> ' pursuant to 9.2. PAYMENT FOR CHANGES and Contract Time in such amount and for such <br /> time as the Owner thinks appropriate. Contractor agrees to use the agreed and unilateral <br /> Change Order attached to these General Conditions or otherwise provided by Owner. The <br /> Contractor accepts all requirements, terms and conditions of a Change Order by: signing it; <br /> ' writing a separate acceptance; or by failing to notify the Owner immediately in writing that <br /> Contractor disagrees with the Change Order and does not intend to be bound by its terms. <br /> The Contractor waives and is estopped from denying its agreement with any unilateral Change <br /> ' Order for which the Contractor does not immediately give Notice to the Owner as provided in <br /> ARTICLE 10. NOTICE TO OWNER and submitting a Contract Claim as provided in ARTICLE <br /> 12. CONTRACT CLAIMS. A unilateral Change Order that is not timely protested as provided in <br /> this section shall be full payment and final settlement of all asserted and unasserted Contract <br /> Claims for Contract Time and all costs of any kind, including costs of Delays, inefficiencies and <br /> impacts, related to, arising out of, or resulting from, any Work described in the Change Order. <br /> The Contractor shall obtain written consent of the surety or sureties if the Owner's <br /> Representative requests such consent. <br /> ' 00 7200-23 GENERAL CONDITIONS <br />