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Forma Construction Company 10/29/2024
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Forma Construction Company 10/29/2024
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Last modified
10/29/2024 9:37:26 AM
Creation date
10/29/2024 9:35:31 AM
Metadata
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Template:
Contracts
Contractor's Name
Forma Construction Company
Approval Date
10/29/2024
Council Approval Date
10/23/2024
Department
Procurement
Department Project Manager
Theresa Bauccio-Teschlog
Subject / Project Title
Job Order Contracting for General Construction Services
Tracking Number
0004561
Total Compensation
$4,000,000.00
Contract Type
Job Order Contracting
Contract Subtype
Job Order Contracting
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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<br />6.22.7 If, within one (1) year after Substantial Completion of the Work or within such <br />longer period of time as may be prescribed by law or by the terms of any <br />applicable additional warranty required by the Job Order, any of the Work is <br />found to be defective or otherwise not in conformance with the Detailed Scope <br />of Work, the Contractor will, at its cost, promptly correct such defective or <br />non-conforming Work after receipt of written notice from the City. The <br />obligation of this subsection shall survive termination of the Contract. <br />6.22.8 If the Contractor refuses or neglects to correct the defects as directed by the <br />Project Manager, the City may obtain, use and employ materials, labor, tools and <br />implements to do the same and the expense thereof shall be deducted from <br />moneys which may otherwise be due or become due to the Contractor or the <br />City. If the Contractor fails to promptly correct defective or non-conforming <br />Work, the City may correct it as provided in section 6.25 or may terminate this <br />Contract. <br />6.22.9 Work corrected by the Contractor pursuant to section 6.25 will also be subject to <br />the provisions of this section to the same extent as Work originally performed <br />and for an additional one-year period commencing upon City acceptance of <br />corrected work. <br />6.22.10 Nothing contained in this section is to be construed to establish a period of <br />limitation with respect to any other obligation imposed on the Contractor by the <br />Contract Documents or law, including the obligations imposed by section 6.17. <br />The establishment of the time period of one year after the date of Final Completion <br />Acceptance or such longer period of time as may be prescribed by law or by the <br />terms of any warranty required by the Job Order relates only to the specific <br />obligation of the Contractor to correct defective or non-conforming Work, and <br />bears no relationship to the time within which the Contractor’s obligation to <br />comply with the Job Order may be sought to be enforced, nor to the time within <br />which proceedings may be commenced to establish the Contractor’s liability with <br />respect to obligations imposed on it by the Contract Documents or as otherwise <br />may exist in law. <br />6.22.11 The City may, at its sole option, elect to retain defective or nonconforming <br />Work. In such case, the Contractor will reduce the Job Order Price in a <br />reasonable amount to account for such defect or non-conformance. <br />Responsibility for Work <br />6.22.12 All Work performed under the Contract and all materials to be incorporated in <br />the Work, whether in storage or on the Project site and whether under the care, <br />custody and control of the Contractor, Subcontractor, or Sub-Subcontractor, <br />shall be at the sole risk of loss and responsibility of the Contractor until Final <br />Completion of the entire Project, except as may be limited by the Project <br />Manager in writing for the period following Substantial Completion of the Work <br />or designated portion thereof as provided in section 12.4. Damage from any <br />cause to either permanent or temporary Work, utilities, materials, equipment,
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