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7 <br /> Project: WPCF Phase B-2 <br /> Change Order No.5 <br /> Change Order Effective Date: April 9, 2012 <br /> 1. Change Order#5 adds"Bid Item#A13— Force Account for Sluice Gate Installation" in the <br /> amount of$250,000. The scope of Work shall be changed to the extent described in <br /> Exhibit A. <br /> 2. Change Order#5 changes the time to complete Schedule B work by allowing the <br /> contractor to begin work at an earlier date, March 7, 2012. <br /> 3. In full and complete compensation for the changes described in Exhibit A, including all <br /> direct and indirect costs and impacts,the contract price shall be adjusted as described in <br /> this Change Order. <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 Change <br /> Order,the work described in Exhibit A, and all work and actual or constructive changes <br /> that occurred or began prior to the date of this Change Order, including, but not limited <br /> to, claims for equitable adjustment of time and compensation, delay, impact, overhead, or <br /> inefficiencies. This provision does not apply to requests for equitable adjustment of time <br /> or price for which the Contractor timely and properly provided notice of a differing site <br /> condition, protest, dispute, claim or Contract Claim as required by the Contract <br /> Documents. If the Contract Documents establish a time period for notice of a differing site <br /> condition, protest, dispute, claim, or Contract Claim that ends after the date of this <br /> Change Order, but relates to work performed prior to the date of this Change Order,then <br /> this provision 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 extent <br /> explicitly provided herein. <br /> CITY <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 /> Date: 4-lig Date: Date: Date: , 1I 1 <br /> 71 <br />