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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-25 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />of all asserted and unasserted Contract Claims for Contract Time and all costs of any kind, <br />including costs of Delays, inefficiencies and impacts, related to, arising out of, or resulting from, <br />any Work described in the Change Order. <br />The Contractor shall obtain written consent of the surety or sureties if the Owner’s <br />Representative requests such consent. <br />6.4 VALUE ENGINEERING AND COST SHARING <br />The Contractor may submit proposals for changing the Drawings, Specifications, or other <br />requirements of the Contract Documents and the Owner, in its sole discretion, may accept or <br />reject such proposals. If accepted by the Owner and if the proposal decreases the direct, actual <br />costs of constructing the Work, the Contract Sum shall be reduced by fifty percent (50%) of the <br />direct, actual construction cost saved. Because the Owner has the sole discretion whether to <br />consider, accept or reject the Contractor’s proposal and the Contractor has no right to require <br />the Owner to consider or accept such proposals, the Owner’s decision is not reviewable by any <br />court. This subsection applies only to change proposals initiated solely by the Contractor (or its <br />Subcontractors and Suppliers) and does not apply to change proposals requested or initiated by <br />the Owner or the Owner’s Representative. The Owner is not obligated or required to consider <br />any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under <br />no circumstances shall the Contractor be entitled to additional compensation arising out of, or <br />related to, the Owner’s refusal to consider or approve a Contractor initiated change proposal. <br />The Contractor shall not do any of the following without the express written agreement of the <br />Owner: fail to perform any Work; commence performance of any proposed change; reduce its <br />resources assigned to performance of the Work in order to prepare a change proposal or in <br />anticipation of approval of a change proposal; adjust or change the project schedule or take any <br />action or fail to do any action that would affect the Completion Date of the Work; take any action <br />or fail to take any action arising out of the Contractor’s change proposal that would result in the <br />Contractor seeking an adjustment upward of the Contract Sum. <br />7. LABOR STANDARDS <br />7.1. WAGES OF EMPLOYEES <br />7.1.1. General <br />Pursuant to the requirements of Chapter 39.12 RCW, the Contractor and each Subcontractor or <br />other person doing the whole or any part of Work to be performed under this Contract in the <br />State of Washington shall pay each employee working in the State of Washington an amount <br />not less than the general prevailing rate of wage, as specified by the Industrial Statistician of the <br />Department of Labor and Industries of Washington State, paid in the vicinity of the Work to be <br />performed under this Contract for the particular grade or occupation of each employee <br />Any employee whose type of work is not covered by any of the classified wage rates specified <br />by the Industrial Statistician shall be paid not less than the rate of wage listed for the <br />classification that most nearly corresponds to the type of work performed. <br />In case any Dispute arises as to what are the prevailing rates of wages for work of a similar <br />nature that cannot be adjusted by the parties in interest, including labor and management <br />representatives, the matter shall be referred for arbitration to the Director of the Department of <br />Labor and Industries of the State of Washington, and his or her decision therein shall be final <br />and conclusive and binding on all parties involved in the Dispute. The schedule of prevailing <br />wage rates as determined by the Industrial Statistician for the locality or localities where this <br />Contract will be performed are by this reference made a part of this Contract as though fully set <br />forth herein. The Contractor shall be held responsible for notifying its Subcontractors of these <br />wage requirements. Failure by either the Contractor or any Subcontractors to comply with