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City of Everett 00 72 00 - 25 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 25 GENERAL CONDITIONS <br />If the Contractor and Owner do not agree upon scope of Work changed or adjustment to the Contract Sum <br />and Contract Time, the Owner may, at its sole option, unilaterally direct the Contractor to implement any <br />change by notice. The Owner shall not pay or be responsible or liable for any change implemented by the <br />Contractor without explicit notice from the Owner to proceed. <br />6.2 EXTRA WORK <br />At its sole option, the Owner may (1) perform Extra Work itself, (2) employ others to do it, (3) direct the <br />Contractor to perform the Extra Work at existing unit bid price, (4) direct the Contractor to perform the <br />Extra Work at a mutually agreed upon price, or (5) direct the Contractor to perform the Extra Work on a <br />Force Account basis. <br />6.3 CHANGE ORDERS <br />Changes to the Work may result in an increase or decrease in Contract Sum, as provided in 9.2. <br />PAYMENT FOR CHANGES. Requests for an increase in Contract Time must be made as provided in <br />5.2.2.2 Extensions of Contract Time, as applicable. Substantial changes in Contract Time, Contract <br />Sum or Work will often be negotiated and agreed between the Contractor and Owner before the Owner <br />directs the Contractor to proceed with the change. <br />If the Contractor and Owner agree on the scope of Work and any changes to Contract Sum and Contract <br />Time, the Contractor and Owner shall execute an agreed Change Order. However, if the Contractor and <br />Owner do not agree, the Owner may, in its sole discretion, issue a unilateral Change Order changing the <br />scope of Work and making any adjustments to the Contract Sum pursuant to 9.2. PAYMENT FOR <br />CHANGES and Contract Time in such amount and for such time as the Owner thinks appropriate. <br />Contractor agrees to use the agreed and unilateral Change Order forms included in the Contract <br />Documents or otherwise provided by Owner. The Contractor accepts all requirements, terms and <br />conditions of a Change Order by: signing it; writing a separate acceptance; or by failing to notify the <br />Owner immediately in writing that Contractor disagrees with the Change Order and does not intend to be <br />bound by its terms. <br />The Contractor waives all Contract Claims with respect to (and is estopped from denying its agreement <br />with) any unilateral Change Order for which the Contractor does not immediately give Notice to the <br />Owner as provided in ARTICLE 10. NOTICE TO OWNER and submit a Contract Claim as provided <br />in ARTICLE 12. CONTRACT CLAIMS. A unilateral Change Order that is not timely protested as <br />provided in this section shall be full payment and final settlement of all asserted and unasserted Contract <br />Claims for Contract Time and all costs of any kind, including costs of Delays, inefficiencies and impacts, <br />related to, arising out of, or resulting from, any Work described in the Change Order. <br />The Contractor shall obtain written consent of the surety or sureties if the Owner’s Representative <br />requests such consent.