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Change Order No. 2 <br />Change Order Effective Date: 12/20/2022 <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 <br />for the changes described in Exhibit A, represents complete compensation for the <br />changes described in Exhibit A, including all direct and indirect costs and impacts. <br />The contract 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. <br />In calculating such threshold amounts, Washington State sales tax, if applicable to <br />the 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 <br />constructive changes that occurred or began prior to the date of this Change Order, <br />including, but not limited to, claims for equitable adjustment of time and <br />compensation, delay, impact, overhead, or inefficiencies. This provision does not <br />apply to requests for equitable adjustment of time or price for which the Contractor <br />timely and properly provided notice of a differing site condition, protest, dispute, <br />claim or Contract Claim as required by the Contract Documents. If the Contract <br />Documents establish a time period for notice of a differing site condition, protest, <br />dispute, claim, or Contract Claim that ends after the date of this Change Order, but <br />relates to work performed prior to the date of this Change Order, then this provision <br />does not apply if the Contractor timely and 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 />7. Signature(s) on this Change Order may be by pdf, email, fax or other electronic <br />means, in which case such signature(s) will have the same effect as an original ink <br />signature. This Change Order may be signed in counterparts, each of which shall be <br />deemed an original, and all of which, taken together, shall be deemed one and the <br />same document. <br />