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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 />11.4 City May Stop the Work <br />If the Work is defective, or Contractor fails to supply sufficient skilled workmen or <br />suitable materials or equipment, City may order Contractor to stop the Work, or any <br />portion thereof, until the cause for such order has been eliminated; however, this <br />right of City to stop the Work will not give rise to any duty on the part of City to <br />exercise this right for the benefit of Contractor or any other party. <br />11.5 Correction or Removal of Defective Work <br />If required by Project Manager, Contractor shall promptly, without cost to City and as <br />specified by Project Manager, either correct any defective Work, whether or not <br />fabricated, installed or completed, or, if the Work has been rejected by Project <br />Manager, remove it from the site and replace it with non-defective Work. <br />11.6 Acceptance of Defective Work <br />If, instead of requiring correction or removal and replacement of defective Work, City <br />prefers to accept it, City may do so. In such case, if acceptance occurs prior to Project <br />Manager's recommendation of final payment, a Supplemental Job Order shall be issued <br />incorporating the necessary revisions in the Detailed Scope of Work, including <br />appropriate reduction in the Price; or, if the acceptance occurs after such <br />recommendation, an appropriate amount shall be paid by Contractor to City. <br />11.7 City May Correct Defective Work <br />If Contractor fails within a reasonable time after written notice of Project Manager to <br />proceed to correct and to correct defective Work or to remove and replace rejected <br />Work as required by Project Manager in accordance with section 11.5, or if Contractor <br />fails to perform the Work in accordance with the Contract Documents (including any <br />requirements of the progress schedule), City may, after seven (7) days' written notice <br />to Contractor, correct and remedy any such deficiency. In exercising its rights under <br />this section City shall proceed expeditiously. To the extent necessary to complete <br />corrective and remedial action, City may exclude Contractor from all or part of the site, <br />take possession of all or part of the Work, and suspend Contractor's services related <br />thereto, take possession of Contractor's tools, appliances, equipment and machinery at <br />the site and incorporate in the Work all materials and equipment stored at the site or <br />for which City has paid Contractor but which are stored elsewhere. Contractor shall <br />allow City, City's representatives, agents and employees such access to the site as may <br />be necessary to enable City to exercise its rights under this section. All direct and <br />indirect costs of City in exercising such rights shall be charged against Contractor in an <br />amount verified by Project Manager, and a Supplemental Job Order shall be issued <br />incorporating the necessary revisions in the Detailed Scope of Work and a reduction in <br />the Job Order Price. Such direct and indirect costs shall include, in particular but <br />without limitation, compensation for additional professional services required and all <br />costs of repair and replacement of work of others destroyed or damaged by correction, <br />removal or replacement of Contractor's defective Work. Contractor shall not be <br />allowed an extension of the Job Order Completion Time because of any delay in <br />performance of the Work attributable to the exercise by City of City's rights hereunder. <br />END ARTICLE 11
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