2020/04/29 Council Agenda Packet

5 Change Order No. CO#2 Change Order Effective Date: 3/19/2020 Contractor and City agree as follows: 1. The scope of Work shall be changed to the extent described in Exhibit A. 2. .The amount of the change order for the changes described in Exhibit A, represents complete compensation for the changes described in Exhibit A, including all direct and indirect costs and impacts. The contract price shall be adjusted as described in this Change Order. 3. Everett Municipal Code 3.80.050 sets forth the threshold amounts below which the Mayor or her designee is authorized to direct Contractor to perform additional work. In calculating such threshold amounts,Washington State sales tax, if applicable to the Work, has been considered. 4. The duration of the Contract shall be adjusted to the extent described in this Change Order. 5. Contractor waives and releases any and all claims arising out of, or related to, this Change Order,the work described in Exhibit A,an alTwor and actuator constructive congas ghat occurred or began prior to the date of this Change Order, including, but not limited to, claims for equitable adjustment of time and compensation, delay, impact, overhead, or inefficiencies. This provision does not apply to requests for equitable adjustment of time or price for which the Contractor timely and properly provided notice of a differing site condition, protest, dispute, claim or Contract Claim as required by the Contract Documents. If the Contract Documents establish a time period for notice of a differing site condition, protest, dispute, claim, or Contract Claim that ends after the date of this Change Order, but relates to work performed prior to the date of this Change Order,then this provision does not apply if the Contractor timely and properly submits such notice 6. This Change Order only changes the contract between Contractor and City to the extent explicitly provided herein. 2 CO#2 15