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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-63 <br />1. Deleting or omitting any part of the Work, Equipment or material to be <br />provided under this Contract, <br />2. Increasing or decreasing quantities, <br />3. Altering Specifications, designs, or both, <br />4. Altering the way the Work is to be done, <br />5. Adding new Work or Extra Work, <br />6. Altering facilities, Equipment, materials, services, or sites, provided by the <br />City, and <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 <br />provided in 1-09.4 Equitable Adjustment. Requests for an increase in Contract Time <br />shall be made as provided in 1-08.3 PROGRESS SCHEDULE as applicable. <br />Substantial changes in Contract Time, Contract Sum or Work will often be negotiated <br />and agreed between the Contractor and City before the City directs the Contractor to <br />proceed with the change. <br />If the Contractor and City agree on the scope of Work and any changes to Contract <br />Sum and Contract Time, the Contractor and City shall execute an agreed Change <br />Order. However, if the Contractor and City do not agree, the City may, in its sole <br />discretion, issue a unilateral Change Order in the form attached to the Contract <br />Documents changing the scope of Work and making any adjustments to the Contract <br />Sum pursuant to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1- <br />08.8 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.