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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 1. Deleting or omitting any part of the Work, Equipment or material to be provided I <br /> under this Contract, <br /> 2. Increasing or decreasing quantities, <br /> 3. Altering Specifications, designs. or both, <br /> 4. Altering the way the Work is to be done, <br /> 5. Adding new Work or Extra Work, <br /> 6. Altering facilities, Equipment, materials, services, or sites, provided by the City, <br /> and <br /> 7. Ordering the Contractor to accelerate or Delay the Work. <br /> If the Contractor and City do not agree upon scope of Work changed or adjustment to <br /> the Contract Sum and Contract Time, the City may, at its sole option, unilaterally direct <br /> the Contractor to implement City directed change by notice. The City shall not pay or <br /> be responsible or liable for changes implemented by the Contractor without explicit <br /> notice from the City to proceed. <br /> 1-04.4(2) Extra Work <br /> At its sole option, the City may (1) perform Extra Work itself, (2) employ others to do it, <br /> (3) direct the Contractor to perform the Extra Work at existing unit Bid price, (4) direct <br /> the Contractor to perform the Extra Work at a mutually agreed upon price, or (5) direct <br /> the Contractor to perform the Extra Work on a Force Account basis. <br /> 1-04.4(3) Change Orders <br /> (******) <br /> Changes to the Work may result in an increase or decrease in Contract Sum, as <br /> provided in 1-09.4 EQUITABLE ADJUSTMENT. Requests for an increase in Contract <br /> Time shall be made as provided in 1-08.3 PROGRESS SCHEDULE as applicable. <br /> Substantial changes in Contract Time, Contract Sum or Work will often be negotiated <br /> and agreed between the Contractor and City before the City directs the Contractor to <br /> proceed with the change. <br /> If the Contractor and City agree on the scope of Work and any changes to Contract <br /> Sum and Contract Time, the Contractor and City shall execute an agreed Change <br /> Order. However, if the Contractor and City do not agree, the City may, in its sole <br /> discretion, issue a unilateral Change Order in the form attached to the Contract <br /> Documents changing the scope of Work and making any adjustments to the Contract <br /> Sum pursuant to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1- <br /> 08.8 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 <br /> of a Change Order by: signing it; writing a separate acceptance; or by failing to notify <br /> the City immediately in writing that Contractor disagrees with the Change Order and <br /> does 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 111 <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 /> Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> WO No.—UP3612 SP -50 <br /> I <br />