Laserfiche WebLink
City of Everett 00 72 00 - 26 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 26 GENERAL CONDITIONS <br />6.4 VALUE ENGINEERING AND COST SHARING <br />The Contractor may submit proposals for changing the Drawings, Specifications, or other requirements of <br />the Contract Documents and the Owner, in its sole discretion, may accept or reject such proposals. If <br />accepted by the Owner and if the proposal decreases the direct, actual costs of constructing the Work, the <br />Contract Sum shall be reduced by fifty percent (50%) of the direct, actual construction cost saved. <br />Because the Owner has the sole discretion whether to consider, accept or reject the Contractor’s proposal <br />and the Contractor has no right to require the Owner to consider or accept such proposals, the Owner’s <br />decision is not reviewable by any court. This subsection applies only to change proposals initiated solely <br />by the Contractor (or its Subcontractors and Suppliers) and does not apply to change proposals requested <br />or initiated by the Owner or the Owner’s Representative. The Owner is not obligated or required to <br />consider 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 related to, <br />the Owner’s refusal to consider or approve a Contractor initiated change proposal. The Contractor shall <br />not do any of the following without the express written agreement of the Owner: fail to perform any <br />Work; commence performance of any proposed change; reduce its resources assigned to performance of <br />the Work in order to prepare a change proposal or in anticipation of approval of a change proposal; adjust <br />or change the project schedule or take any action or fail to do any action that would affect the Completion <br />Date of the Work; take any action or fail to take any action arising out of the Contractor’s change <br />proposal that would result in the 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 other <br />person doing the whole or any part of Work to be performed under this Contract in the State of <br />Washington shall pay each employee working in the State of Washington an amount not less than the <br />general prevailing rate of wage, as specified by the Industrial Statistician of the Department of Labor and <br />Industries of Washington State, paid in the vicinity of the Work to be performed under this Contract for <br />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 by the <br />Industrial Statistician shall be paid not less than the rate of wage listed for the classification that most <br />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 nature that <br />cannot be adjusted by the parties in interest, including labor and management representatives, the matter <br />shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of <br />Washington, and his or her decision therein shall be final and conclusive and binding on all parties <br />involved in the Dispute. The schedule of prevailing wage rates as determined by the Industrial <br />Statistician for the locality or localities where this Contract will be performed are by this reference made a <br />part of this Contract as though fully set forth herein. The Contractor shall be held responsible for <br />notifying its Subcontractors of these wage requirements. Failure by either the Contractor or any <br />Subcontractors to comply with requirements of Chapter 39.12 RCW will result in delay of payment to the <br />Contractor and/or imposition of other sanctions as may be available under the law and this Contract. <br />7.1.2. Contractor's Responsibility <br />The Contractor will be held responsible for paying not less than the prevailing wages, including increases <br />in such wages, over the term of this Contract. It is, therefore, imperative that the Contractor and its <br />Subcontractors familiarize themselves with the wage rates before submitting bids based upon these <br />Specifications.