Weber Construction Inc 8/28/2019

City of Everett 00 7200-24 Diversion Dam Road Phase 3 UT 3707 & UT 3708 6.4 VALUE ENGINEERING AND COST SHARING The Contractor may submit proposals for changing the Drawings, Specifications, or other requirements of the Contract Documents and the Owner, in its sole discretion, may accept or reject such proposals. If accepted by the Owner and if the proposal decreases the direct, actual ' costs of constructing the Work, the Contract Sum shall be reduced by fifty percent (50%) of the direct, actual construction cost saved. Because the Owner has the sole discretion whether to consider, accept or reject the Contractor's proposal and the Contractor has no right to require the Owner to consider or accept such proposals, the Owner's decision is not reviewable by any court. This subsection applies only to change proposals initiated solely by the Contractor(or its Subcontractors and Suppliers) and does not apply to change proposals requested or initiated by ' the Owner or the Owner's Representative. The Owner is not obligated or required to consider any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under no circumstances shall the Contractor be entitled to additional compensation arising out of, or related to, the Owner's refusal to consider or approve a Contractor initiated change proposal. The Contractor shall not do any of the following without the express written agreement of the Owner: fail to perform any Work; commence performance of any proposed change; reduce its resources assigned to performance of the Work in order to prepare a change proposal or in anticipation of approval of a change proposal; adjust or change the project schedule or take any action or fail to do any action that would affect the Completion Date of the Work; take any action or fail to take any action arising out of the Contractor's change proposal ' that would result in the Contractor seeking an adjustment upward of the Contract Sum. 7. LABOR STANDARDS ' 7.1. WAGES OF EMPLOYEES 7.1.1. General ' Pursuant to the requirements of Chapter 39.12 RCW, the Contractor and each Subcontractor or other person doing the whole or any part of Work to be performed under this Contract in the State of Washington shall pay each employee working in the State of Washington an amount not less than the general prevailing rate of wage, as specified by the Industrial Statistician of the Department of Labor and Industries of Washington State, paid in the vicinity of the Work to be performed under this Contract for the particular grade or occupation of each employee ' Any employee whose type of work is not covered by any of the classified wage rates specified by the Industrial Statistician shall be paid not less than the rate of wage listed for the classification that most nearly corresponds to the type of work performed. ' In case any Dispute arises as to what are the prevailing rates of wages for work of a similar nature that cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of ' Labor and Industries of the State of Washington, and his or her decision therein shall be final and conclusive and binding on all parties involved in the Dispute. The schedule of prevailing wage rates as determined by the Industrial Statistician for the locality or localities where this Contract will be performed are by this reference made a part of this Contract as though fully set ' forth herein. The Contractor shall be held responsible for notifying its Subcontractors of these wage requirements. Failure by either the Contractor or any Subcontractors to comply with requirements of Chapter 39.12 RCW will result in delay of payment to the Contractor and/or ' imposition of other sanctions as may be available under the law and this Contract. 7.1.2. Contractor's Responsibility The Contractor will be held responsible for paying not less than the prevailing wages, including increases in such wages, over the term of this agreement. It is, therefore, imperative that the 00 7200-24 GENERAL CONDITIONS