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• <br /> i <br /> Project: Water Filtration Plant Programmed Logic <br /> • <br /> Controllers Replacement Project <br /> Change Order No. 1 <br /> Change Order Effective Date: November 14, 2016 <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 /> 7. When substantial competition is established the contractor may request the use of the <br /> Eichleay Formula for calculating Extended or Unabsorbed Home Office Overhead per <br /> section 12.4.3.5 of the contract. The contractor therefore reserves its right to applicable <br /> Home Office Overhead and final Bond Costs adjustment. <br /> Page 2 of 4 <br />