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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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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 />and the Project Manager’s direction received prior to performing the Work <br />which Contractor believes entitles it to such adjustments. Notice must identify in <br />detail the basis for the claim. The date such written notice is received by the City <br />shall define the start of time for any purpose regarding the claim. <br />6.22.20 Detailed Breakdown. Within thirty (30) calendar days of the City’s receipt of <br />written notice above, the Contractor is to provide the City with a written <br />breakdown of all of the elements and sub elements of the claim detailing the <br />increase in the Job Order Completion Time or Job Order Price being sought. <br />6.22.21 If the Contractor fails to satisfy the requirements of this section, the <br />Contractor will be deemed to have waived all rights to assert the claim against <br />the City. <br />6.22.22 Unless otherwise directed by the City, Contractor shall continue performance <br />under this Contract while matters in dispute are being resolved. <br />6.22.23 For Federally Funded Job Orders, the requirements in this Section 6.30 are in <br />addition to any claim requirements in the Federal Contract Clauses. <br />6.23 Prerequisite to Suit <br />No legal action against the City may be filed on account of a claim or other liability arising <br />out of or related to Work unless: <br />a. The requirements of section 6.30 have been complied with; and, <br />b. The lawsuit is filed and served on the City within one hundred eighty (180) days <br />of the date of Substantial Completion. The Contractor’s failure to strictly comply <br />with all requirements of this section shall be a complete bar to any claims, suit <br />or cause of action against the City. <br />For Federally Funded Job Orders, the requirements in this Section 6.31 are in addition to any <br />claim requirements in the Federal Contract Clauses. <br />6.24 Indemnification <br />6.24.1 The Contractor shall defend, indemnify and hold harmless the City and its agents <br />from all liability, claims, damages, losses and expenses, whether direct, indirect or <br />consequential (including, but not limited to, attorneys’ and consultants’ fees and <br />other expenses of litigation or arbitration) arising out of the performance of the <br />Work, which is caused, or alleged to be caused, in whole or in part, by any <br />negligent act or omission of the Contractor (which for the purposes of this Article <br />6.33 shall include the Contractor and all of its Subcontractors, Sub- <br />Subcontractors, Suppliers, agents, any other person directly or indirectly <br />employed by any of them, or anyone for whose acts any of them may be liable); <br />provided, however, that where such liability, claim, damage, loss or expense <br />arises from the concurrent negligence of (1) the City or its agents, and (2) the <br />Contractor, it is expressly agreed that the Contractor’s obligations of indemnity <br />under this section shall be effective only to the extent of the Contractor’s
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