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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> the City immediately in writing that Contractor disagrees with the Change Order and <br /> does not intend to be bound by its terms. 'r <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 <br /> accept or reject such proposals. If accepted by the City and if the proposal decreases <br /> the direct, actual costs of constructing the Work, the Contract Sum shall be reduced by <br /> fifty percent (50%) of the direct, actual construction cost saved. Because the City has <br /> ' the sole discretion whether to consider, accept or reject the Contractor's proposal and <br /> the Contractor has no right to require the City to consider or accept such proposals, <br /> the City's decision is not reviewable by any court. This subsection applies only to <br /> change proposals initiated solely by the Contractor, or its Subcontractors and <br /> suppliers, and does not apply to change proposals requested or initiated by the City or <br /> the City's Representative. The City is not obligated or required to consider any <br /> Contractor initiated change proposals and may, in its sole discretion, refuse to do so. <br /> Under no circumstances shall the Contractor be entitled to additional compensation <br /> arising out of, or related to, the City's refusal to consider or approve a Contractor <br /> initiated change proposal. The Contractor shall do none of the following without the <br /> express written agreement of the City: fail to perform any Work; commence Work on <br /> proposed change; reduce its resources assigned to performance of the Work in order <br /> to prepare a change proposal or in anticipation of approval of a change proposal; <br /> adjust or change the project schedule or take action or fail to take action that would <br /> affect the Completion Date of the Work; take action or fail to take action arising out of <br /> the Contractor's change proposal that would result in the Contractor seeking an <br /> adjustment upward of the Contract Sum. <br /> 1-04.5 Procedure and Protest by the Contractor <br /> Delete 1-04.5 and substitute the following: <br /> 1-04.5 Notice by Contractor <br /> (******) <br /> 1-04.5(1) When Notice Must Be Given <br /> Whenever: <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or <br /> determination by the City or City's Representative; <br /> 2. The Contractor knows, or should with the reasonable exercise of ordinary <br /> care know, of a differing site condition as provided in 1-04.7 DIFFERING <br /> SITE CONDITIONS (CHANGED CONDITIONS); <br /> ' Water Main Replacement"S" Division 1 -GENERAL REQUIREMENTS January 29, 2018 <br /> WO No-UP3664 SP-53 <br /> I <br />