Blue Mountain Construction Group, LLC 11/19/2024

CITY OF EVERETT SPECIAL PROVISIONS 3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 WO No – UP3775 SP – 50 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 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