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CONTRACTOR <br /> AMENDMENT NO. 1 <br /> JOB ORDER CONTRACT <br /> BETWEEN THE CITY OF EVERETT <br /> AND FORMA CONSTRUCTION <br /> This Amendment No. 1 is dated for reference purposes July 28,2019. It is by and <br /> between the City of Everett, a municipal corporation under the laws of the State of <br /> Washington("City") and Forma Construction("Contractor"). <br /> RECITALS <br /> A. The City and Contractor are parties to the Job Order Contract dated <br /> November 20, 2018 (the"Contract'). <br /> B. The City and the Contractor desire to amend the Contract for the purpose <br /> of updating the Contract in light of revisions made to the job order contracting statute <br /> (RCW 39.10.420 through .460) by the Washington State Legislature during the 2019 <br /> Regular Session(as so revised, the"Revised Statute"). The effective date of the Revised <br /> Statute is July 28, 2019 (the"Revised Statute Effective Date"). <br /> CONTRACT <br /> • The City and Contractor agree as follows: <br /> 1. Section 4.2 of the Contract is revised as follows, adding the boldface sentences: <br /> The Contract is an indefinite-quantity contract for general construction work <br /> and services.The Minimum Contract Value of Job Orders that the Contractor <br /> is guaranteed the opportunity to perform under this Contract is Twenty-Five <br /> Thousand and 00/100 US Dollars ($25,000.001. The Estimated Annual Value <br /> is Three Million and 00/100 US Dollars($3,000,000.00)for the City's Job <br /> Order Contracting Program. The City reserves the right to issue up to the <br /> maximum amount specified in RCW 39.10.40 of Four Million and 00/100 US <br /> Dollars($4,000,000.00)per year or such greater amount that may be <br /> authorized by statute. The Maximum Contract Value shall not exceed the <br /> value set forth in the RCW. As provided by statute,any unused capacity <br /> from the previous year may be carried over for one year and added to <br /> the immediate following year's limit. The maximum annual volume <br /> including unused capacity shall not exceed the limit of two years. The <br /> maximum total dollar amounts are exclusive of Washington state sales <br /> and use tax, <br /> 2. Section 19.2 of General Conditions of the Contract is revised as follows, deleting <br /> the strikeout text and adding the underlined text: <br /> The maximum dollar amount for an individual Job Order is three five <br /> hundred fifty thousand dollars($35500,000)pretax, excluding Washington <br /> state sales and use tax. All Job Orders for the same project(original plus any <br /> Supplemental Job Orders)shall be treated as a single Job Order for the <br />