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City of Everett 00 72 00 - 23 <br /> <br /> <br /> <br />00 72 00 - 23 GENERAL CONDITIONS <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. <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