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1235-Miller Pipeline (2)/a35� CHANGE ORDER U- Change Order No. 1 cy Project Title: Fort Mellon Park, Phase I Bid No.: IFP 07/08 -10 Owner: City of Sanford Contractor: West Construction, Inc. Agreement Date: August 25, 2008 This Change Order is necessary to cover changes in the timing of the work to be performed under this Agreement. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS RELATIVE TO THE WORK: (1) Original Contract Price (2) Current Contract Price (Adjusted By Previous Change Orders) (3) Total Proposed Change in Contract Price (4) New Contract Price (Item 2 + Item 3) (5) Original Contract Time Substantial Completion: Final Completion: (6) Time as a result of Force Majeure (7) Current Contract Time (Adjusted by Previous Change Orders) Substantial Completion: Final Completion: (8) New Contract Substantial Completion Date (9) New Contract Final Completion Date $4,404,501.85 $4,404,501.85 $ 88,020.56 $4,492,522.41 April 22, 2009 May 22, 2009 31 days May 24, 2009 June 24, 2009 April 23, 2009 May 30, 2009 CHANGES ORDERED No changes to the work. Adjustment of prior results from acceleration based upon additional time resulting from force majeure (Tropical Storm Fay). Description of Change: Change in substantial completion and final completion dates. Reason for Change: Acceleration Change in Contract Price: $88,020.56 Change in Contract Time: See above CHANGE ORDER SUMMARY NO. Descri Change in Contract Price Change in Contract Time 1 Acceleration $88,020.56 Modified TOTAL $88,020.56 N/A Days Waiver This Change Order constitutes full and mutual accord and satisfaction for the adjustment of the Contract Price and Contract Time by the CONTRACTOR as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an equitable adjustment to the work provided under the Agreement and that the CONTRACTOR waives all rights to file a Contract Claim or claim of any nature on this Change Order and the underlying Agreement. Execution of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction that is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change Order and the Agreement. Additionally, should the CONTRACTOR not accomplish all work as required by the substantial completion date set forth herein, the CONTRACTOR shall not be entitled to the additional compensation set forth herein. For the purposes of this change order, substantial completion shall be defined as all elements pert aining to the Florida Recreation Development Assistance Program (FRDAP) grants. 2 aining to the Florida Recreation Development Assistance Program (FRDAP) grants. 2 APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The CONTRACTOR acknowledges that the City requires timely substantial completion in order to remain in good standing in the context of the FRDAP grant and with the grantor /program administrator in that the work constitutes a project for which FRDAP grant funds were appropriated and received. The aforementioned change, and work affected thereby, is subject to all provisions of the Agreement as specifically changed by this Change Order. It is expressly understood and agreed that the approval of this Change Order shall have no effect on the terms, conditions and provisions of the Agreement other t_[1g9,p4ers expressly provided herein. WEST CONSTRUCTION, INC. I UT /o /v (Date) 72&& , - J� Martha A. organ, Corporate President 44e ATTEST.• QA111g& Janet Dougherty, Cit Clerk Date OWNER/CITY OF SANFORD Linda Ku , Mayor a.1►. (Ua Date