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CITY OF EVERETT SPECIAL PROVISIONS Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 WO No – UP3745 SP – 63 If the Contractor and City do not agree upon scope of Work changed or adjustment to the Contract Sum and Contract Time, the City may, at its sole option, unilaterally direct the Contractor to implement City directed change by notice. The City shall not pay or be responsible or liable for changes implemented by the Contractor without explicit notice from the City to proceed. 1-04.4(2) Extra Work (******) At its sole option, the City may (1) perform Extra Work itself, (2) employ others to do it, (3) direct the Contractor to perform the Extra Work at existing unit Bid price, (4) direct the Contractor to perform the Extra Work at a mutually agreed upon price, or (5) direct the Contractor to perform the Extra Work on a Force Account basis. 1-04.4(3) Change Orders (******) Changes to the Work may result in an increase or decrease in Contract Sum, as provided in 1-09.4 Equitable Adjustment. Requests for an increase in Contract Time shall be made as provided in 1-08.3 PROGRESS SCHEDULE as applicable. Substantial changes in Contract Time, Contract Sum or Work will often be negotiated and agreed between the Contractor and City before the City directs the Contractor to proceed with the change. If the Contractor and City agree on the scope of Work and any changes to Contract Sum and Contract Time, the Contractor and City shall execute an agreed Change Order. However, if the Contractor and City do not agree, the City may, in its sole discretion, issue a unilateral Change Order in the form attached to the Contract Documents changing the scope of Work and making any adjustments to the Contract Sum pursuant to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1-08.8 EXTENSIONS OF TIME in such amount and for such time as the City believes appropriate. Contractor agrees to use the agreed Change Order form attached to the Contract Documents. The Contractor accepts all requirements, terms and conditions of a Change Order by: signing it; writing a separate acceptance; or by failing to notify the City immediately in writing that Contractor disagrees with the Change Order and does not intend to be bound by its terms. The Contractor waives and is estopped from denying its agreement with any unilateral Change Order for which the Contractor does not immediately give Notice to the City as provided in 1-04.5 NOTICE BY CONTRACTOR in these Special Provisions and submitting a Contract Claim as provided in 1-09.11(2) CONTRACT CLAIMS in these Special Provisions. A unilateral Change Order that is not timely protested as provided in this section shall be full payment and final settlement of all asserted and unasserted Contract Claims for Contract Time and all costs of any kind, including costs of Delays, inefficiencies and impacts, related to, arising out of, or resulting from, any Work described in the Change Order. The Contractor shall obtain written consent of the Surety or Sureties if the City’s Representative requests such consent. 1-04.4(4) Value Engineering and Cost Sharing (******) The Contractor may submit proposals for changing the Plans, Specifications, or other requirements of the Contract Documents and the City, in its sole discretion, may accept or reject such proposals. If accepted by the City 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 City has the sole discretion whether to consider, accept or reject the Contractor’s proposal and the Contractor has no right to require the City to consider or accept such proposals, the