2009/05/20 Council Agenda Packet

• 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 his 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,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 Change Order relates to a disputed claim which is being settled in order to close out the contract. Accordingly,this Change Order constitutes full and final settlement of all work involved under the contract between the parties for Puget Sound Outfall 5 Overflow Structure and release and settlement of any and all claims by the contractor against the City or Everett,including but not limited to any and.all claims or disputes arising through or from laborers,materialmen,equipment suppliers, or subcontractors. 6. 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 Engin ering Department Director Manager(if applicable) maga(if • applicable) a,.licable) de . 1.Date: • ••. Date: ate:_1,11r .._ Date: __574,09!___ . 21