2009/02/18 Council Agenda Packet

Project: WFP Clearwell No. 2 9 Change Order No.3 Effective January 22, 2009 Contractor and City agree as follows: 1. Change Order#3 adds "Bid Item#6—Change Order#3". The scope of Work shall be changed to the extent described in Exhibit A. 2. In full and 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. The duration of the Contract shall be adjusted to the extent described in this Change Order. 4. Contractor waives and releases any and all claims arising out of, or related to, this Change Order, the work described in Exhibit A, and all work and actual or constructive changes that 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 5. This Change Order only changes the contract between Contractor and City to the extent explicitly provided herein. CITY Attest: Approved As to Form: Mayor City Clerk City Attorney Date: Date: Date: Recommended By: Construction Project Engineer (if Engineering Department Director Manager(if applicable) Manager(if applicable) splicas e) 1 • 114 Date: 213/69 Date: v � �1 /Date: 3(0 2 Date: T9 CONTRACTOR' By ////(.7.-1 (/ Date: / - Officer Page2of3 4 "