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AMENDMENT NO. 1 <br /> JOB ORDER CONTRACT <br /> BETWEEN THE CITY OF EVERETT <br /> AND BURTON CONSTRUCTION INC <br /> This Amendment No. 1 is dated for reference purposes November 24, 2021. It is <br /> by and between the City of Everett, a municipal corporation under the laws of the State of <br /> Washington("City") and Burton Construction Inc. ("Contractor"). <br /> RECITALS <br /> A. The City and Contractor are parties to the Job Order Contract dated <br /> November 20,2021, as amended(the "Contract"). <br /> B. Article 18 of the General Conditions to the Contract states that "other <br /> agencies or members of cooperative purchasing entities may purchase construction <br /> services from the Contractor utilizing this Contract with prior approval of the City." The <br /> City and the Contractor desire to amend the Contract for the purpose of further clarifying <br /> how agencies other than the City may use the terms and conditions of the Contract for job <br /> order construction services. <br /> AGREEMENT <br /> The City and Contractor agree as follows: <br /> 1. User Agency. If the City and Contractor want to allow another public agency to <br /> use the terms and conditions of the Contract and issue job orders to the Contractor, <br /> the City will enter into an interlocal agreement with that other public agency for <br /> that purpose. The City will then provide a letter for Contractor's signature, which <br /> will confirm Contractor's agreement to provide job order construction services to <br /> the other public agency. For the purposes of this Amendment, the other public <br /> agency is referred to as the"User Agency". <br /> 2. Job Orders. Job order construction services for User Agency job orders will be <br /> provided by Contractor directly to the User Agency on the same terms and <br /> conditions as the Contract, except that for User Agency job order construction <br /> services: (a) the City will not be a party to the contract between User Agency and <br /> Contractor for such services; (b) the obligations owed by Contractor to the City <br /> under the terms and conditions of the Contract will instead be owed by Contractor <br /> to the User Agency,including but not limited to obligations to provide performance <br /> and payment bonds to User Agency for work performed for the User Agency and <br /> to provide insurance endorsements that name the User Agency as additional <br /> insured; and(c)the obligations owed by the City to Contractor under the terms and <br /> conditions of the Contract will instead be owed by the User Agency to Contractor, <br /> including but not limited to obligations to pay for construction services rendered by <br /> Contractor. <br />