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i <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> it; writing a separate acceptance; or by failing to notify the City 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 I <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 submitting <br /> a Contract Claim as provided in 1-09.11(2) CONTRACT CLAIMS in these Special <br /> Provisions. A unilateral Change Order that is not timely protested as provided in this <br /> 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 <br /> and impacts, related to, arising out of, or resulting from, any Work described in the Change <br /> 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 /> 111 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 <br /> 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 City's <br /> decision is not reviewable by any court. This subsection applies only to change proposals <br /> initiated solely by the Contractor, or its Subcontractors and suppliers, and does not apply <br /> to change proposals requested or initiated by the City or the City's Representative. The <br /> City is not obligated or required to consider any Contractor initiated change proposals and <br /> may, in its sole discretion, refuse to do so. Under no circumstances shall the Contractor <br /> be entitled to additional compensation arising out of, or related to, the City's refusal to <br /> consider or approve a Contractor initiated change proposal. The Contractor shall do none <br /> of the following without the express written agreement of the City: fail to perform any Work; <br /> commence Work on proposed change; reduce its resources assigned to performance of <br /> 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 <br /> would affect the Completion Date of the Work; take action or fail to take action arising out <br /> of the Contractor's change proposal that would result in the Contractor seeking an <br /> adjustment upward of the Contract Sum. <br /> I <br /> 1-04.5 Procedure and Protest by the Contractor <br /> (******) <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 /> r <br /> POE Combined Sewer Main Imp. Division 1 —GENERAL REQUIREMENTS October 2021 <br /> Work Order#UP3768 SP 1-20 I <br />