Northshore Parks and Recreation Service Area 6/1/2021

the Agency and to provide insurance endorsements that name the Agency as additional insured; and (c) the obligations owed by the City to Contractor under the the terms and conditions of JOC Contract will instead be owed by the Agency to Contractor, including but not limited to obligations to pay for construction services rendered by Contractor. A copy of the JOC Contract, including its amendments 1-4, is attached hereto as Attachment "A". In the event that the City and Contractor further amend the JOC Contract,the terms and conditions of of such amendment will apply from its effective date to job order construction services provided to Agency. All job orders issued by Agency to Contractor shall state substantially the following: "All work described herein is provided to the Agency by Contractor in connection with Amendment No.4 to the Job Order Contract between Forma Construction and the City of Everett. The City of Everett is not a party to, nor responsible for, performance of or payment for the work described in this job order." However, the omission of such provision from a job order shall not change any persons' rights or obligations under this Agreement or JOC Amendment No. 4. Contractor will directly invoice the Agency for any and all such construction services provided. Prior to the issuance of any job orders by Agency, the Agency and Contractor will sign a letter agreement provided by the City, which will confirm the agreement for provision of job order construction services to the Agency. 2. TERMS AND CONDITIONS The Agency and City agree that any work performed for the Agency by Contractor and its respective subcontractors under this Agreement shall be conducted in accordance with the terms and conditions of the JOC Contract as set forth in this Agreement. 3. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence when this Agreement is signed by both parties and be completed no later than November 20, 2021, unless changed by Amendment to this Agreement. 4. COMPENSATION; PAYMENT PROCEDURE The total value of all job orders issued by the the Agency to Contractor shall not exceed $2,500,000. Contractor shall directly invoice the Agency and the Agency shall directly pay Contractor pursuant to the payment and compensation terms identified within the JOC Contract, respectively. 5. RECORDS MAINTENANCE City,Agency, Contractor and their contractors, subcontractors, sub-consultants, representatives and employees shall each maintain books, records, documents, and other evidence for six(6)years after the expiration of this Agreement(unless a longer period of time is specified in applicable records retention policies in which case such policies shall prevail).These records shall be subject to inspection, review, or audit by personnel of both parties' and other personnel duly authorized by either party, or the Washington State Auditor. 6. CONTRACT MANAGEMENT (a) Theresa Bauccio-Teschlog will be the City Representative for all communications regarding this Page 2 of 5