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<br />ADDENDUM TO PURCHASE ORDER
<br />CITY OF EVERETT, WASHINTON (“CITY”)
<br />AND
<br />OLDCASTLE INFRASTRUCTURE, INC., a CRH Company (“SUPPLIER”)
<br />DATED January 13, 2026 (“PO”)
<br />In consideration of the following mutual covenants, and notwithstanding any term or condition of the PO to the
<br />contrary, the City and Supplier hereby agree to modify and amend the above-referenced PO as follows:
<br />1. Supplier shall not be responsible for any contract or agreement beyond the PO and this Addendum unless
<br />specifically presented to Supplier for review. Supplier does not agree to assume any obligation that does not arise from
<br />the Supplier’s work on the Project, unless the Supplier agrees to assume a specific obligation, in writing.
<br />2. Changes to the plans and specifications shall be made by the City by written change order and shall only be
<br />deemed accepted by Supplier if signed by Supplier. Supplier shall be entitled to an equitable price adjustment for such
<br />changes.
<br />3. If required and requested by the City, Supplier shall name the City as an additional insured only to the extent
<br />that claims and liabilities covered by such insurance arise from Supplier’s negligent or wrongful acts or omissions. The
<br />City’s insurance policies will be primary with respect to any acts or omissions of the City.
<br />4. Supplier shall provide the Goods, which comply with the approved shop drawings, and makes no warranty as
<br />to merchantability or whether the same are fit for any particular purpose. Supplier’s warranty does not cover damage
<br />or deterioration of work or unsatisfactory results resulting from any engineering work or The City’s or engineer’s choice
<br />or other defective specification, pre-existing conditions, damages from preexisting conditions, damages from
<br />intervening causes, misuse, or wear and tear from the elements or otherwise, nor work performed under adverse
<br />weather conditions. This warranty shall be for twelve (12) months from the time Goods have been provided. The City
<br />may not reject the Goods unless they do not meet specifications.
<br />5. In the event of (a) any breach or default by Supplier, (b) any claim against Supplier, or (c) any defects covered
<br />by warranty, Supplier will be given reasonable notice and reasonable time to remedy, resolve, or cure any and all such
<br />breaches, defaults, claims, or defects.
<br />6. Supplier shall not be liable for any consequential, incidental or punitive damages and shall be liable for only
<br />those liquidated or delay damages directly caused by Supplier’s wrongful or negligent acts or omissions. Supplier’s
<br />cumulative liability for delay, direct, and liquidated damages shall not exceed $100,000.
<br />7. The City shall have two business days in which to inspect the Goods (“Inspection”) and verify that Supplier’s
<br />Goods comply with the plans and specifications prior to installation. Thereafter, the City shall be deemed to have
<br />accepted the Goods, unless Supplier receives written notification from the City within seventy-two (72) hours of the
<br />Inspection of The City’s rejection of some or all of the Goods. Supplier agrees to provide the City with conforming
<br />Goods to replace any Goods rejected by the City. The City is responsible for any costs incurred in inspecting the Goods.
<br />8. The City shall be liable for any costs incurred by Supplier up to any suspension ordered by The City.
<br />9. Supplier shall indemnify and defend the City for claims, suits, judgments, damages, litigation, liabilities, losses,
<br />costs, attorney’s fees, and expenses that result from, arise out of, or are caused by, and only to the extent of, Supplier’s
<br />wrongful or negligent acts or omissions on the Project. For the purpose of clarity, Supplier’s defense and indemnity
<br />obligations apply only to the extent of Supplier’s negligent acts or omissions and do not include the City’s proportional
<br />negligence, wrongful conduct, or liability.
<br />10. Supplier is entitled to an equitable time extension in the event of any delay caused by inclement weather,
<br />unforeseen conditions, labor disputes, equipment failure or force majeure.
<br />11. The City shall provide Supplier four (4) weeks lead time for delivery of the Goods to the Project.
<br />12. Supplier makes no warranty or guarantee that its goods or materials shall remain water-tight and has no
<br />responsibility for the approval or design of the waterproofing/coating system, if applicable.
<br />13. This Addendum and Supplier’s quote or proposal, dated January 8, 2026 are incorporated into the Contract
<br />and control over any inconsistent provisions in the same.
<br />*A special material is defined as any manufactured piece that is specifically made for a project and cannot otherwise be used.
<br />AGREED this _____ day of _______________ 2026.
<br />CITY OF EVERETT
<br />By: ____________________________
<br />Name: Cassie Franklin
<br />Title: Mayor
<br />OLDCASTLE INFRASTRUCTURE, INC., a CRH Company
<br />By: ____________________________
<br />Name: Scott Smith
<br />Title: Estimating Manager
<br />Scott Smith
<br />01/23/2026
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