Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br /> City immediately in writing that Contractor disagrees with the Change Order and does 1 <br /> not intend to be bound by its terms. <br /> The Contractor waives and is estopped from denying its agreement with any unilateral <br /> Change Order for which the Contractor does not immediately give Notice to the City as <br /> provided in 1-04.5 NOTICE BY CONTRACTOR in these Special Provisions and <br /> submitting a Contract Claim as provided in 1-09.11(2) CONTRACT CLAIMS in these <br /> Special Provisions. A unilateral Change Order that is not timely protested as provided <br /> in this section shall be full payment and final settlement of all asserted and unasserted <br /> Contract Claims for Contract Time and all costs of any kind, including costs of Delays, <br /> inefficiencies and impacts, related to, arising out of, or resulting from, any Work <br /> described in the Change Order. <br /> The Contractor shall obtain written consent of the Surety or Sureties if the City's <br /> Representative requests such consent. <br /> 1-04.4(4) Value Engineering and Cost Sharing <br /> The Contractor may submit proposals for changing the Plans, Specifications, or other <br /> requirements of the Contract Documents and the City, in its sole discretion, may accept <br /> or reject such proposals. If accepted by the City and if the proposal decreases the direct, <br /> actual costs of constructing the Work, the Contract Sum shall be reduced by fifty percent <br /> (50%) of the direct, actual construction cost saved. Because the City has the sole <br /> discretion whether to consider, accept or reject the Contractor's proposal and the <br /> Contractor has no right to require the City to consider or accept such proposals, the <br /> City's decision is not reviewable by any court. This subsection applies only to change <br /> proposals initiated solely by the Contractor, or its Subcontractors and suppliers, and <br /> does not apply to change proposals requested or initiated by the City or the City's <br /> Representative. The City is not obligated or required to consider any Contractor initiated <br /> change proposals and may, in its sole discretion, refuse to do so. Under no <br /> circumstances shall the Contractor be entitled to additional compensation arising out of, <br /> or related to, the City's refusal to consider or approve a Contractor initiated change <br /> proposal. The Contractor shall do none of the following without the express written <br /> agreement of the City: fail to perform any Work; commence Work on proposed change; <br /> reduce its resources assigned to performance of the Work in order to prepare a change <br /> proposal or in anticipation of approval of a change proposal; adjust or change the project <br /> schedule or take action or fail to take action that would affect the Completion Date of the <br /> Work; take action or fail to take action arising out of the Contractor's change proposal <br /> that would result in the Contractor seeking an adjustment upward of the Contract Sum. <br /> 1-04.5 Procedure and Protest by the Contractor <br /> Delete 1-04.5 and substitute the following: <br /> 1-04.5 Notice by Contractor <br /> (******) <br /> 1-04.5(1) When Notice Must Be Given <br /> Whenever: <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or <br /> determination by the City or City's Representative; <br /> 2. The Contractor knows, or should with the reasonable exercise of ordinary <br /> care know, of a differing site condition as provided in 1-04.7 DIFFERING <br /> SITE CONDITIONS (CHANGED CONDITIONS); <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary <br /> care know, of a Delay or an event that may cause a Delay; <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—56 i <br />