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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> immediately in writing that Contractor disagrees with the Change Order and does not intend to <br /> 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 City as provided in 1-04.5 <br /> NOTICE BY CONTRACTOR in these Special Provisions and submitting a Contract Claim as <br /> provided in 1-09.11(2) CONTRACT CLAIMS in these Special Provisions. A unilateral Change <br /> Order that is not timely protested as provided in this section shall be full payment and final <br /> settlement of all asserted and unasserted Contract Claims for Contract Time and all costs of any <br /> kind, including costs of Delays, inefficiencies and impacts, related to, arising out of, or resulting <br /> from, any Work described in the Change Order. <br /> The Contractor shall obtain written consent of the Surety or Sureties if the City's Representative <br /> requests such consent. <br /> 1-04.4(4) Value Engineering and Cost Sharing <br /> (******) <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 or reject <br /> such proposals. If accepted by the City and if the proposal decreases the direct, actual costs of <br /> constructing the Work, the Contract Sum shall be reduced by fifty percent (50%) of the direct, <br /> actual construction cost saved. Because the City has the sole discretion whether to consider, ' <br /> accept or reject the Contractor's proposal and the Contractor has no right to require the City to <br /> consider or accept such proposals, the City's decision is not reviewable by any court. This <br /> subsection applies only to change proposals initiated solely by the Contractor, or its <br /> Subcontractors and suppliers, and does not apply to change proposals requested or initiated by <br /> the City or the City's Representative. The City is not obligated or required to consider any <br /> Contractor initiated 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, or related <br /> to,the City's refusal to consider or approve a Contractor initiated change proposal.The Contractor <br /> shall do none of the following without the express written agreement of the City: fail to perform <br /> any Work; commence Work on proposed change; reduce its resources assigned to performance <br /> of the Work in order to prepare a change proposal or in anticipation of approval of a change <br /> proposal; adjust or change the project schedule or take action or fail to take action that would <br /> affect the Completion Date of the Work; take action or fail to take action arising out of the <br /> Contractor's change proposal that would result in the Contractor seeking an adjustment upward <br /> 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 /> 1 <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 care know, <br /> of a differing site condition as provided in 1-04.7 DIFFERING SITE CONDITIONS <br /> (CHANGED CONDITIONS); <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, <br /> of a Delay or an event that may cause a Delay; <br /> SEI to SRI Intertie,SRO8 Rehab Division 1 —GENERAL REQUIREMENTS WO No.—UP3714 <br /> SP—54 <br /> I <br />