Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-64 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 City’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 City or the City’s Representative. The City 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 City’s refusal to consider or approve a Contractor initiated change proposal. The Contractor shall do none of the following without the express written agreement of the City: fail to perform any Work; commence Work on 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 action or fail to take action that would affect the Completion Date of the Work; take action or fail to take action arising out of the Contractor’s change proposal that would result in the Contractor seeking an adjustment upward of the Contract Sum. 1-04.5 Procedure, Protest, and Dispute by the Contractor Delete all of 1-04.5 and substitute the following: 1-04.5 Notice by Contractor (******) 1-04.5(1) When Notice Must Be Given Whenever: 1. The Contractor disagrees with any requirement, direction, interpretation or determination by the City or City’s Representative; 2. The Contractor disagrees with anything required in a change order, or the Engineer’s Written Determination or decision for which the Contractor believes it is entitled to an increase in the Contractor price or time; 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a differing site condition as provided in 1-04.7 DIFFERING SITE CONDITIONS (CHANGED CONDITIONS); 4. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a Delay or an event that may cause a Delay; 5. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact cannot yet be determined; 6. The Contractor believes it is required or directed to perform work that is outside the scope of the Contract Documents; or 7. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may result in a Contract Claim; or