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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 />ARTICLE 13 SUSPENSION OF WORK AND TERMINATION <br />13.1 Suspend the Work <br />City may, at any time and without cause, suspend the Work or any portion for a period of not more <br />than thirty (30) calendar days with written notice to Contractor. Notice will state the date when <br />work will resume. Contractor will resume the work on said date. Contractor will be allowed an <br />increase in the Job Order price or an extension of the Job Order completion time or both directly <br />attributable to any suspension if it makes a claim as provided in Article 10 unless suspension of the <br />Work is mutually agreed upon by the City and the Contractor. <br />13.2 City May Terminate <br />13.2.1 Upon the occurrence of any one or more of the following events of default: <br />a. Contractor is adjudged bankrupt or insolvent; <br />b. Contractor makes a general assignment for the benefit of creditors; <br />c. a trustee or receiver is appointed for Contractor or for any of Contractor's <br />property; <br />d. Contractor files a petition to take advantage of any debtor's act, or to reorganize <br />under the bankruptcy or similar laws; <br />e. Contractor repeatedly fails to supply sufficient skilled workmen or suitable <br />materials or equipment; <br />f. Contractor repeatedly fails to make prompt payments to Subcontractor or for <br />labor, materials or equipment; <br />g. Contractor disregards laws, ordinances, rules, regulations or orders of any public body <br />having jurisdiction; <br />h. Contractor disregards the authority of Project Manager or Contract Administrator; r <br />i. Contractor refuses or fails to prosecute Job Orders or any separable part <br />thereof, with the diligence that will ensure its completion within the Job Order <br />Completion Time or any extension or fails to complete the work within this <br />time; or <br />j. Contractor otherwise violates in any substantial way any provisions of the <br />Contract Documents, this includes without limitation breach of applicable <br />Federal Contract Clauses in a Federally Funded Job Order. <br />City may, after giving Contractor and its Surety sixty (60) days' written notice specifying the <br />event of default, terminate the services of Contractor, exclude Contractor from the site, and <br />take possession of the Work and of all Contractor's tools, appliances, equipment and <br />machinery at the site and use the same to the full extent they could be used by Contractor <br />(without liability to Contractor for trespass or conversion), incorporate in the Work all <br />materials and equipment stored at the site or for which City has paid Contractor but which
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