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11. <br /> Project: Cleveland Avenue Sewer System Replacement& Storm Water Separation <br /> Change Order No. 1 <br /> Change Order Effective Date; November 1,2019 <br /> Contractor and City agree as follows: <br /> 1. The scope of Work shall be changed to the extent described in Exhibit A. <br /> 2. With the exception of Washington State sales tax, the amount of the change order for <br /> the changes described in Exhibit A, represents complete compensation for the changes <br /> described in Exhibit A,including all direct and indirect costs and impacts. The contract <br /> price shall be adjusted as described in this Change Order. <br /> 3. Everett Municipal Code 3.80.050 sets forth the threshold amounts below which the <br /> Mayor or his designee is authorized to direct Contractor to perform additional work. In <br /> calculating such threshold amounts,Washington State sales tax, if applicable to the <br /> Work,has been considered. <br /> 4. The duration of the Contract shall be adjusted to the extent described in this Change <br /> Order. <br /> 5. Contractor waives and releases any and all claims arising out of, or related to, this <br /> Change Order,the work described in Exhibit A, and all work and actual or constructive <br /> changes that occurred or began prior to the date of this Change Order,including, but <br /> not limited to, claims for equitable adjustment of time and compensation, delay, impact, <br /> overhead, or inefficiencies. This provision does not apply to requests for equitable <br /> adjustment of time or price for which the Contractor timely and properly provided <br /> notice of a differing site condition,protest,dispute, claim or Contract Claim as required <br /> by the Contract Documents. If the Contract Documents establish a time period for <br /> notice of a differing site condition,protest,dispute, claim, or Contract Claim that ends <br /> after the date of this Change Order,but relates to work performed prior to the date of <br /> this Change Order,then this provision does not apply if the Contractor timely and <br /> properly submits such notice <br /> 6. This Change Order only changes the contract between Contractor and City to the <br /> extent explicitly provided herein. <br /> CITY <br /> Attest: Approved As to Form: <br /> Office of the City Attorney <br /> APPROVED AS TO FORM <br /> #) David C.Hail,City Attorney <br /> ayOr / City Cl•v 0/ a City Attorney <br /> Date: /Z(2! e(1 Date: / Date: I' . 2, <br /> Recommended By: <br /> Construction Project Engineer(if Engineering Department Director <br /> Manager(if applicable) Manager(if <br /> applicable) .:.licable) <br /> A;1724,e--ia-/ <br /> <. // <br /> Date: /i.-f�- j 9 ate: [[-/9-if :4 te: 1 1�/ 1 Dat )I.-ZP-Z&7 <br /> Page 2 of 3 <br />