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CITY OF EVERETT SPECIAL PROVISIONS <br /> 7. Ordering the Contractor to accelerate or Delay the Work. <br /> If the Contractor and City do not agree upon scope of Work changed or adjustment to <br /> the Contract Sum and Contract Time, the City may, at its sole option, unilaterally direct <br /> the Contractor to implement City directed change by notice. The City shall not pay or <br /> be responsible or liable for changes implemented by the Contractor without explicit <br /> notice from the City to proceed. <br /> 1-04.4(2) Extra Work <br /> (******) <br /> At its sole option, the City may (1) perform Extra Work itself, (2) employ others to do it, <br /> (3) direct the Contractor to perform the Extra Work at existing unit Bid price, (4) direct <br /> the Contractor to perform the Extra Work at a mutually agreed upon price, or (5) direct <br /> the Contractor to perform the Extra Work on a Force Account basis. <br /> 1-04.4(3) Change Orders <br /> (******) <br /> Changes to the Work may result in an increase or decrease in Contract Sum, as provided <br /> in 1-09.4 Equitable Adjustment. Requests for an increase in Contract Time shall be made <br /> as provided in 1-08.3 PROGRESS SCHEDULE as applicable. Substantial changes in <br /> Contract Time, Contract Sum or Work will often be negotiated and agreed between the <br /> Contractor and City before the City directs the Contractor to proceed with the change. <br /> If the Contractor and City agree on the scope of Work and any changes to Contract Sum <br /> and Contract Time, the Contractor and City shall execute an agreed Change Order. <br /> However, if the Contractor and City do not agree, the City may, in its sole discretion, <br /> issue a unilateral Change Order in the form attached to the Contract Documents <br /> changing the scope of Work and making any adjustments to the Contract Sum pursuant <br /> to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1-08.8 <br /> EXTENSIONS OF TIME in such amount and for such time as the City believes <br /> appropriate. Contractor agrees to use the agreed Change Order form attached to the <br /> Contract Documents. The Contractor accepts all requirements, terms and conditions of <br /> a Change Order by: signing it; writing a separate acceptance; or by failing to notify the <br /> City immediately in writing that Contractor disagrees with the Change Order and does <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 /> (******) <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 /> Shore Avenue Force Main Division 1 —GENERAL REQUIREMENTS February 24,2022 <br /> WO No—UP3734 SP—49 <br />