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CHANGE ORDER NO. 1 OWNER: City of Missoula DATE: June 15, 2009 CONTRACTOR: Embe Contracting HDR PROJECT NO.: 00…42334 CONTRACT DATE: CONTRACT PERIOD: 9/17/07-6/12/2009 PROJECT: West Reserve, Phase 3, Grove and South Third Street Sewer Main Extension City of Missoula Project 2001-011 It is agreed to modify the Contract referred to above as follows: Item Description Cost 1. Changes in unit price bid quantities (Bid Items 001-101). See attached Exhibit A $122,938.27 2. Liquidated damages assessed (105 calendar days) ($52,500.00) 3. Mutual release and settlement agreement. See attached Exhibit B $395,000.00 Change Order No. 1 Total Cost $465,438.27 CHANGE ORDER SUMMARY Contract Time Item Cost Extension Calendar Days C.O. No. 1 $465,438.27 37 Days Total $465,438.27 37 Days Original Contract Amount: $3,744,648.73 Change Order No. 1: $465,438.27 TOTAL ADJUSTED CONTRACT AMOUNT: $4,210,087.00 This Change Order, when executed by the parties to the Contract, amends the Contract and, as so amended, all terms and conditions of the Contract remain unchanged and in full force and effect. Payment and any time extension provided in this Change Order are full and complete compensation to the Contractor for the change(s) to the work, deleted work, modified work, direct or indirect impact on the Contractor's schedule, and for any equitable adjustment or time extension existing at the time of the execution of this Change Order to which the Contractor may be entitled, pursuant to the Contract between the Owner and Contractor or any other basis whatsoever. The changes included in this Change Order are to be accomplished in accordance with the terms, stipulations and conditions of the original contract as though included therein. Accepted for Contractor By: Date: Approved for HDR Engineering, Inc. By: Date: Approved for Owner By: Date: Attest: Date: Distribution: Owner, Contractor, Office, Field, Other: