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B. 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 Changes <br /> and Contract Time in such amount and for such time as the Owner thinks appropriate. Contractor agrees to <br /> use the agreed and unilateral Change Order attached to these General Conditions or otherwise provided by <br /> Owner. The Contractor accepts all requirements, terms and conditions of a Change Order by: signing it; <br /> writing a separate acceptance; or by failing to notify the Owner immediately in writing that Contractor <br /> disagrees with the Change Order and does not intend to be bound by its terms. <br /> C. The Contractor waives and is estopped from denying its agreement with any unilateral Change Order for <br /> which the Contractor does not immediately give Notice to the Owner as provided in ARTICLE 10. <br /> NOTICE TO OWNER and submitting a Contract Claim as provided in ARTICLE 12. CONTRACT <br /> CLAIMS. A unilateral Change Order that is not timely protested as provided in this section shall be full <br /> payment and final settlement of all asserted and unasserted Contract Claims for Contract Time and all costs <br /> of any kind, including costs of Delays, inefficiencies and impacts, related to, arising out of, or resulting <br /> from, any Work described in the Change Order. <br /> D. The Contractor shall obtain written consent of the surety or sureties if the Owner's Representative requests <br /> such consent. <br /> D. VALUE ENGINEERING AND COST SHARING <br /> A. 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 50 percent of the direct, actual construction cost saved. Because the <br /> Owner has the sole discretion whether to consider, accept or reject the Contractor's proposal and the <br /> Contractor has no right to require the Owner to consider or accept such proposals, the Owner's decision is <br /> not reviewable by any court. This subsection applies only to change proposals initiated solely by the <br /> Contractor (or its Subcontractors and Suppliers) and does not apply to change proposals requested or <br /> initiated by the Owner or the Owner's Representative. The Owner is not obligated or required to consider <br /> any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under no <br /> circumstances shall the Contractor be entitled to additional compensation arising out of, or related to, the <br /> Owner's refusal to consider or approve a Contractor initiated change proposal. The Contractor shall not do <br /> any of the following without the express written agreement of the Owner: fail to perform any Work; <br /> commence performance of any proposed change; reduce its resources assigned to performance of the Work <br /> in order to prepare a change proposal or in anticipation of approval of a change proposal; adjust or change <br /> the project schedule or take any action or fail to do any action that would affect the Completion Date of the <br /> Work; take any action or fail to take any action arising out of the Contractor's change proposal that would <br /> result in the Contractor seeking an adjustment upward of the Contract Sum. <br /> ARTICLE 7 LABOR STANDARDS <br /> A. WAGES OF EMPLOYEES <br /> A. General <br /> I. 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 <br /> and Industries of Washington State, paid in the vicinity of the Work to be performed under this <br /> Contract for the particular grade or occupation of each employee. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-28 Issue for Bid I <br />