Burton Construction Inc 9/25/19 9/25/2019 Amendment 1

CITY AMENDMENT NO. 1 JOB ORDER CONTRACT BETWEEN THE CITY OF EVERETT AND BURTON CONSTRUCTION This Amendment No. 1 is dated for reference purposes July 28, 2019. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington("City") and Burton Construction Inc.("Contractor"). RECITALS A. The City and Contractor are parties to the Job Order Contract dated November 20, 2018 (the "Contract"). B. The City and the Contractor desire to amend the Contract for the purpose of updating the Contract in light of revisions made to the job order contracting statute (RCW 39.10.420 through .460) by the Washington State Legislature during the 2019 Regular Session(as so revised,the"Revised Statute"). The effective date of the Revised Statute is July 28, 2019 (the "Revised Statute Effective Date"). CONTRACT The City and Contractor agree as follows: 1. Section 4.2 of the Contract is revised as follows, adding the boldface sentences: The Contract is an indefinite-quantity contract for general construction work and services. The Minimum Contract Value of Job Orders that the Contractor is guaranteed the opportunity to perform under this Contract is Twenty-Five Thousand and 00/100 US Dollars ($25,000.00). The Estimated Annual Value is Three Million and 00/100 US Dollars ($3,000,000.00)for the City's Job Order Contracting Program. The City reserves the right to issue up to the maximum amount specified in RCW 39.10.40 of Four Million and 00/100 US Dollars($4,000,000.00)per year or such greater amount that may be authorized by statute. The Maximum Contract Value shall not exceed the value set forth in the RCW. As provided by statute,any unused capacity from the previous year may be carried over for one year and added to the immediate following year's limit. The maximum annual volume including unused capacity shall not exceed the limit of two years. The maximum total dollar amounts are exclusive of Washington state sales and use tax. 2. Section 19.2 of General Conditions of the Contract is revised as follows, deleting the strikeout text and adding the underlined text: The maximum dollar amount for an individual Job Order is three five hundred fifty thousand dollars ($33500,000)prix, excluding Washington state sales and use tax. All Job Orders for the same project(original plus any Supplemental Job Orders) shall be treated as a single Job Order for the