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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
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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 />ARTICLE 12 PAYMENTS TO CONTRACTOR AND COMPLETION <br />12.1 Application for Progress Payment <br />Unless otherwise specified in the General Requirements, Contractor will submit applications for <br />payment & invoices to the Contract Administrator for review and approval following completion of <br />each Job Order. Under no circumstances will the City pay Job Order Invoices more often than once <br />a month. The payment application shall be accompanied by such supporting documentation as is <br />required by the Contract Documents and also as Contract Administrator reasonably requires. If <br />payment is requested on the basis of materials and equipment not incorporated in the Work but <br />delivered and suitably stored at the site or at another location agreed to in writing, the Invoice shall <br />also be accompanied by such data, satisfactory to City, as will establish City's title to the material <br />and equipment and protect City's interest therein, including applicable insurance. <br />12.2 Contractor's Warranty of Title <br />Contractor warrants and guarantees that title to all Work, materials and equipment covered by <br />any Application for Payment, whether incorporated in the Project or not, will pass to City at the <br />time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter <br />in these General Conditions referred to as "Liens"). <br />12.3 Review of Applications for Progress Payment <br />12.3.1 Contractor Administrator and Project Manager will, within ten (10) days after receipt of <br />each Application for Payment, either indicate in writing a recommendation of payment and <br />present the Invoice for payment, or return the Invoice to Contractor indicating in writing <br />reasons for refusing to recommend payment. In the latter case, Contractor may make the <br />necessary corrections and resubmit the Application. Within thirty (30) days of receipt of a <br />correct Invoice and with Contract Administrator and Project Manager's recommendations, <br />pay Contractor the invoiced amount. <br />12.3.2 Not Used <br />12.3.3 Not Used <br />12.3.4 Project Manager may refuse to recommend the whole or any part of any payment if, in <br />his/her opinion, it would be incorrect to make such representations to City. He/she may <br />also refuse to recommend any such payment, or, because of subsequently discovered <br />evidence or the results of subsequent inspections or tests, nullify and such payment <br />previously recommended to such extent as may be necessary in Project Manager's opinion <br />to protect City from loss because: <br />a. the Work is defective, or completed Work has been damaged requiring correction or <br />replacement; <br />b. written claims have been made against City or Liens have been filed in <br />connection with the Work;
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