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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1. Deleting or omitting any part of the Work, Equipment or material to be <br /> provided 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 <br /> ' City, 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 be <br /> responsible or liable for changes implemented by the Contractor without explicit notice <br /> from the City to proceed. <br /> 1-04.4(2) Extra Work <br /> (******) <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 /> 1 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 provided <br /> in 1-09.4 EQUITABLE ADJUSTMENT. Requests for an increase in Contract Time shall <br /> be made as provided in 1-08.3 PROGRESS SCHEDULE as applicable. Substantial <br /> changes in Contract Time, Contract Sum or Work will often be negotiated and agreed <br /> between the Contractor and City before the City directs the Contractor to proceed with <br /> the change. <br /> If the Contractor and City agree on the scope of Work and any changes to Contract Sum <br /> and Contract Time, the Contractor and City shall execute an agreed Change Order. <br /> However, if the Contractor and City do not agree, the City may, in its sole discretion, <br /> issue a unilateral Change Order in the fora i i attached to the Contract Documents <br /> 1 changing the scope of Work and making any adjustments to the Contract Sum pursuant <br /> to 1-09.4 EQUITABLE ADJUSTMENT and Contract Time pursuant to 1-08.8 <br /> 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 of <br /> a Change Order by: signing it: writing a separate acceptance; or by failing to notify the <br /> City immediately in writing that Contractor disagrees with the Change Order and does <br /> 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 <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 in <br /> 1 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 /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP -73 <br />