Forma Construction 6/1/2021 - Laserfiche WebLink

AMENDMENT NO. 4 JOB ORDER CONTRACT BETWEEN THE CITY OF EVERETT AND FORMA CONSTRUCTION This Amendment No. 4 is dated for reference purposes March 1,2021. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington("City") and Forma Construction("Contractor"). RECITALS A. The City and Contractor are parties to the Job Order Contract dated November 20, 2018, as amended (the"Contract"). B. Article 18 of the General Conditions to the Contract states that "other agencies or members of cooperative purchasing entities may purchase construction services from the Contractor utilizing this Contract with prior approval of the City." The City and the Contractor desire to amend the Contract for the purpose of further clarifying how agencies other than the City may use the terms and conditions of the Contract for job order construction services. C. The City and Contractor also desire to add certain tasks to the Construction Task Catalog. AGREEMENT The City and Contractor agree as follows: 1. User Agency. If the City and Contractor want to allow another public agency to use the terms and conditions of the Contract and issue job orders to the Contractor, the City will enter into an interlocal agreement with that other public agency for that purpose. The City will then provide a letter for Contractor's signature, which will confirm Contractor's agreement to provide job order construction services to the other public agency. For the purposes of this Amendment, the other public agency is referred to as the"User Agency". 2. Job Orders. Job order construction services for User Agency job orders will be provided by Contractor directly to the User Agency on the same terms and conditions as the Contract, except that for User Agency job order construction services: (a) the City will not be a party to the contract between User Agency and Contractor for such services; (b) the obligations owed by Contractor to the City under the terms and conditions of the Contract will instead be owed by Contractor to the User Agency,including but not limited to obligations to provide performance and payment bonds to User Agency for work performed for the User Agency and to provide insurance endorsements that name the User Agency as additional insured;and(c)the obligations owed by the City to Contractor under the terms and conditions of the Contract will instead be owed by the User Agency to Contractor, including but not limited to obligations to pay for construction services rendered by Contractor.