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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 />makes no representations or warranties of any kind, including without <br />limitation no representations or warranties regarding whether the <br />User Agency will pay Contractor for job order construction services <br />rendered and no representations or warranties regarding the <br />enforceability of the terms and conditions of this Contract against the <br />User Agency. Contractor accepts job orders from the User Agency <br />solely at Contractor’s own risk. Contractor will solely look to the User <br />Agency, and not the City, for all matters relating to job order <br />construction services rendered to the User Agency. <br />• The Contractor releases and shall indemnify, defend and hold harmless <br />the City and its officers, employees and agents (each such person, an <br />“Indemnitee”) from and against any and all claims, actions, damages, <br />liability, costs and expenses, including attorney’s fees, arising out of or <br />relating to (a) Contractor’s provision of services to the User Agency <br />and (b) job orders issued by User Agency to Contractor. The foregoing <br />indemnity, defense, and hold harmless obligation includes without <br />limitation indemnity, defense, and hold harmless for each Indemnitee <br />from and against any request, claim or demand for payment by <br />Contractor or Contractor’s contractors or Contractor’s suppliers or <br />Contractor’s employees in connection with User Agency job orders. <br />This Section is specifically and expressly intended to constitute a <br />waiver of the Contractor 's immunity under Washington's Industrial <br />Insurance Act, RCW Title 51, to the full extent necessary to provide <br />each Indemnitee with a full and complete indemnity from claims made <br />by the Contractor and its employees, to maximum extent allowed by <br />law. CONTRACTOR AND CITY ACKNOWLEDGE THAT THE <br />INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY <br />NEGOTIATED AND AGREED UPON BY THEM. <br /> <br />18.2.2 Within two (2) business days of receipt of a Purchase Order from User Agency, Contractor is <br />to provide notification to the City and Gordian by forwarding a copy of the Purchase Order <br />to Gordian via email to PO@ezIQC.com or via facsimile to (864) 233-9100; and to the City via <br />email to the Contract Administrator. <br />18.2.3 Within two (2) business days of sending an invoice to User Agency, Contractor is to provide <br />notification to the City and Gordian by forwarding a copy of the invoice to Gordian via <br />email to Invoice@ezIQC.com or via facsimile to (864) 233-9100; and to the City via email to <br />the Contract Administrator. <br />18.2.4 The City and Gordian may request records from the Contractor for all cooperative purchasing <br />and payments of all JOC System License Fees through this contract. The Contractor hereby <br />agrees and authorizes the City and/or User Agency to provide Gordian with purchase order <br />and/or invoice copies. If discrepancies exist between cooperative purchasing activity and <br />License Fees paid, Gordian will provide written notification to the Contractor of discrepancies <br />and allow the Contractor ten (10) days from the date of notification to resolve the
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