Lincoln Construction, Inc 2/2/2024

City of Everett 00 72 00 - 25 Port Gardner Storage Facility - Demolition Package WO# UP-3525 00 72 00 - 25 GENERAL CONDITIONS If the Contractor and Owner agree on the scope of Work and any changes to Contract Sum and Contract Time, the Contractor and Owner shall execute an agreed Change Order. However, if the Contractor and Owner do not agree, the Owner may, in its sole discretion, issue a unilateral Change Order changing the scope of Work and making any adjustments to the Contract Sum pursuant to 9.2. PAYMENT FOR CHANGES and Contract Time in such amount and for such time as the Owner thinks appropriate. Contractor agrees to use the agreed and unilateral Change Order forms included in the Contract Documents or otherwise provided by Owner. 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 Owner immediately in writing that Contractor disagrees with the Change Order and does not intend to be bound by its terms. The Contractor waives all Contract Claims with respect to (and is estopped from denying its agreement with) any unilateral Change Order for which the Contractor does not immediately give Notice to the Owner as provided in ARTICLE 10. NOTICE TO OWNER and submit a Contract Claim as provided in ARTICLE 12. CONTRACT CLAIMS. 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 Owner’s Representative requests such consent. 6.4 VALUE ENGINEERING AND COST SHARING The Contractor may submit proposals for changing the Drawings, Specifications, or other requirements of the Contract Documents and the Owner, in its sole discretion, may accept or reject such proposals. If accepted by the Owner 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 Owner has the sole discretion whether to consider, accept or reject the Contractor’s proposal and the Contractor has no right to require the Owner to consider or accept such proposals, the Owner’s decision is not reviewable by any court. This subsection applies only to change proposals initiated solely by the Contractor (or its Subcontractors and Suppliers) and does not apply to change proposals requested or initiated by the Owner or the Owner’s Representative. The Owner is not obligated or required to consider any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under no circumstances shall the Contractor be entitled to additional compensation arising out of, or related to, the Owner’s refusal to consider or approve a Contractor initiated change proposal. The Contractor shall not do any of the following without the express written agreement of the Owner: fail to perform any Work; commence performance of any proposed change; reduce its resources assigned to performance of the Work in order to prepare a change proposal or in anticipation of approval of a change proposal; adjust or change the project schedule or take any action or fail to do any action that would affect the Completion Date of the Work; take any action or fail to take any action arising out of the Contractor’s change proposal that would result in the Contractor seeking an adjustment upward of the Contract Sum. 7. LABOR STANDARDS 7.1. WAGES OF EMPLOYEES 7.1.1. General Pursuant to the requirements of Chapter 39.12 RCW, the Contractor and each Subcontractor or other person doing the whole or any part of Work to be performed under this Contract in the State of Washington shall pay each employee working in the State of Washington an amount not less than the general prevailing rate of wage, as specified by the Industrial Statistician of the Department of Labor and Industries of Washington State, paid in the vicinity of the Work to be performed under this Contract for the particular grade or occupation of each employee