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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 />negligence. Such obligations shall not be construed to negate, abridge or <br />otherwise reduce any other right or obligation of indemnity which would <br />otherwise exist as to any person or entity described in this section. This section <br />shall not be construed so as to require the Contractor to defend, indemnify, or <br />hold harmless the City from such claims, damages, losses or expenses caused by <br />or resulting from the sole negligence of the City or its agents. <br />6.24.2 In any and all claims against the City or its agents, the indemnification obligation <br />of Article 6.32.1 above shall not be limited in any way to the extent of insurance <br />coverage described in Articles 5.3 and 5.4 of the General Conditions, or by <br />articles, which apply to insurance coverage, of the Supplementary Conditions, or <br />by any limitation on the amount or type of damages, compensation benefits <br />payable by or for the Contractor under applicable workers’ compensation, <br />benefit, or disability laws (including, but not limited to the Industrial Insurance <br />laws, Title 51 of the Revised Code of Washington). The Contractor expressly <br />waives any immunity the Contractor might have had under such laws with <br />respect to the indemnities set forth in these General Conditions, and, by agreeing <br />to enter this Contract, acknowledges that the foregoing waiver has been <br />mutually negotiated by the parties. <br />6.24.3 For federally funded job orders, the following clause applies: <br />No Federal Government Obligations to Third Parties <br />(1) The City of Everett and the Contractor acknowledge and agree that, <br />notwithstanding any concurrence by the Federal Government in or approval of <br />the solicitation or award of the underlying Contract, absent the express written <br />consent by the Federal Government, the Federal Government is not a party to this <br />Contract and shall not be subject to any obligations or liabilities to the Recipient, <br />Contractor or any other party (whether or not a party to that contract) pertaining <br />to any matter resulting from the underlying Contract. <br />(2) The Contractor agrees to include the above clause in each subcontract <br />financed in whole or in part with Federal assistance provided by the FTA. It is <br />further agreed that the clause shall not be modified, except to identify the <br />subcontractor who will be subject to its provisions. <br />END ARTICLE 6
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