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Project: WFP Clearwell No. 2 <br /> 4 Change Order No.5 <br /> Effective June 23, 2009 <br /> Contractor and City agreeas follows: <br /> 1. Change Order#5 adds "Bid Item #8—Change Order #5" in the amount of-$64,315.77. The <br /> scope of Work shall be changed to the extent described in Exhibit A. <br /> 2. In full and complete compensation for the changes described,in Exhibit A, including all direct <br /> and indirect costs and impacts, the contract price shall be adjusted as described in this Change <br /> Order: <br /> 3. The duration of the Contract shall be adjusted to the extent described in this Change Order. <br /> 4. Contractor waives and releases any and all claims arising out of, or related to, this Change <br /> Order,the work described in Exhibit A, and all work and actual or constructive changes that <br /> occurred or began prior to the date of this Change Order, including,but not limited to,claims <br /> for equitable adjustment of time and compensation,delay, impact, overhead,or inefficiencies. <br /> This provision does not apply to requestsfor equitable adjustment of time or price for which <br /> the Contractor timely and properly provided notice of a differing site condition, protest, <br /> dispute, 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, dispute, <br /> claim, or Contract Claim that ends after the date of this Change Order, but relates to work <br /> performed prior to the date of this Change Order, then this provision does not apply if the <br /> Contractor timely and properly submits such notice <br /> 5. This Change Order only changes the contract between Contractor and City to the extent <br /> explicitly provided herein. <br /> '.Di�S� • 01'35 �� f + <br /> . _ °i . X1 ,kw''k. <br /> 3 3 <br /> a <br /> Attest: Approved As to Form: <br /> Mayor City Clerk City Attorney <br /> Date: Date: Date: <br /> Recommended By: <br /> Construction Project Engineer (if Engineering Department Director <br /> Manager(if applicable) Manager(if <br /> applicable) applicable) <br /> g-7nr-; L, At <br /> TAB <br /> to ate: (/2 /o Date:Date: Zg Oei Date: o°l <br /> s� <br /> 5d ,erasL <br /> By �I j/jA UP Date: 6 -a -09 <br /> Officer <br /> Page 2 of 3 <br /> 14 <br />