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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 54 <br />Contract Time, Contract Sum or Work will often be negotiated and agreed between the <br />Contractor and City before the City directs the Contractor to proceed with the change. <br />If the Contractor and City agree on the scope of Work and any changes to Contract Sum <br />and Contract Time, the Contractor and City shall execute an agreed Change Order. <br />However, if the Contractor and City do not agree, the City may, in its sole discretion, <br />issue a unilateral Change Order in the form attached to the Contract Documents <br />changing the scope of Work and making any adjustments to the Contract Sum pursuant <br />to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1-08.8 <br />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. <br />The Contractor shall obtain written consent of the Surety or Sureties if the City’s <br />Representative requests such consent. <br />1-04.4(4) Value Engineering and Cost Sharing <br />(******) <br />The Contractor may submit proposals for changing the Plans, Specifications, or other <br />requirements of the Contract Documents and the City, in its sole discretion, may accept <br />or reject such proposals. If accepted by the City and if the proposal decreases the direct, <br />actual costs of constructing the Work, the Contract Sum shall be reduced by fifty percent <br />(50%) of the direct, actual construction cost saved. Because the City has the sole <br />discretion whether to consider, accept or reject the Contractor’s proposal and the <br />Contractor has no right to require the City to consider or accept such proposals, the <br />City’s decision is not reviewable by any court. This subsection applies only to change <br />proposals initiated solely by the Contractor, or its Subcontractors and suppliers, and <br />does not apply to change proposals requested or initiated by the City or the City’s <br />Representative. The City is not obligated or required to consider any Contractor initiated <br />change proposals and may, in its sole discretion, refuse to do so. Under no <br />circumstances shall the Contractor be entitled to additional compensation arising out of, <br />or related to, the City’s refusal to consider or approve a Contractor initiated change <br />proposal. The Contractor shall do none of the following without the express written <br />agreement of the City: fail to perform any Work; commence Work on proposed change; <br />reduce its resources assigned to performance of the Work in order to prepare a change <br />proposal or in anticipation of approval of a change proposal; adjust or change the project <br />schedule or take action or fail to take action that would affect the Completion Date of the <br />Work; take action or fail to take action arising out of the Contractor’s change proposal <br />that would result in the Contractor seeking an adjustment upward of the Contract Sum. <br />1-04.5 Procedure, Protest, and Dispute by the Contractor <br />Delete all of 1-04.5 and substitute the following: