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James W. Fowler Co. 12/1/2021
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James W. Fowler Co. 12/1/2021
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Last modified
12/10/2021 10:19:48 AM
Creation date
12/10/2021 10:17:52 AM
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Contracts
Contractor's Name
James W. Fowler Co.
Approval Date
12/1/2021
Council Approval Date
11/17/2021
Department
Public Works
Department Project Manager
John Nottingham/Souheil Nasr
Subject / Project Title
Reservoir #3 Structural Improvements
Public Works WO Number
UT3739
Tracking Number
0003108
Total Compensation
$753,079.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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11.1.1.3 Automobile. Commercial Automobile Liability with a combined single limit <br /> of not less than $1,000,000 for each accident and including coverage for transportation of <br /> pollutants. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 <br /> or a substitute form providing equivalent liability coverage. <br /> 11.1.1.4 Excess or Umbrella Liability. $10 million per occurrence and aggregate <br /> during the course of construction and with Product/Completed Operations coverage for a <br /> period of six years following Substantial Completion. <br /> 11.1.1.5 Contractors Pollution Liability. A policy providing coverage for claims <br /> involving remediation, disposal, or other handling of pollutants arising out of Design- <br /> Builder's operations for others; from the transportation of hazardous materials; or involving <br /> remediation, abatement, repair, maintenance or other work with lead-based paint or <br /> materials containing asbestos. Such Pollution Liability policy shall provide at least <br /> $2,000,000 per occurrence coverage for Bodily Injury and Property Damage. <br /> 11.1.1.6 Design-Builder's Professional Liability. The Design-Builder, the <br /> Design-Builder's Engineer, other design consultants, and any design-build Subcontractors <br /> of any tier will maintain for at least six(6)years after Substantial Completion Professional <br /> Liability/Errors and Omissions Liability insurance in an amount of not less than $2,000,000 <br /> per claim and annual aggregate (deductible of up to $50,000 permitted). The Design- <br /> Builder, the Design-Builder's Engineer, other design consultants, and any design-build <br /> Subcontractors of any tier will promptly notify the Owner of any material changes to, <br /> interruption of, or termination of this insurance, and will immediately procure replacement <br /> coverage. The Design-Builder, the Design Builder's Engineer, other design consultants, <br /> and any design-build Subcontractor of any tier will either maintain active policy coverage, <br /> or an extended reporting period, providing coverage for claims first made and reported to <br /> the insurance company within six(6)years of Substantial Completion or termination of the <br /> Work under this Agreement, whichever occurs first. The Owner may modify these <br /> insurance requirements for certain entities, on a case-by-case basis, by providing written <br /> agreement of such modifications. <br /> 11.1.1.7 Worker's Compensation. Worker's Compensation coverage, as <br /> required by RCW Title 51. If Design-Builder is qualified as a self-insurer in accordance <br /> with RCW 51.14, Design-Builder shall so certify by letter signed by a corporate officer <br /> indicating that it is a qualified self-insured,and setting forth the limits of any policy of excess <br /> insurance covering its employees. <br /> 11.1.2 Self-Insurance. At its sole option and in its sole discretion, Owner may accept Design- <br /> Builder's self-insurance for liability coverage in lieu of insurance from a commercial insurer. <br /> Design-Builder must provide a letter from its Corporate Risk Manager or appropriate Finance <br /> Officer representing and warranting the following minimum information:whether the self-insurance <br /> program is actuarially funded; the fund limits; any excess declaration pages to meet the contract <br /> requirements; a description of how Design-Builder would protect and defend Owner as an <br /> Additional Insured in their Self-Insured layer; and claims-handling directions in the event of a claim. <br /> Any amounts due to, sought by, or paid to third party claimants shall be the sole responsibility of <br /> Design-Builder, irrespective of whether such amount falls wholly within the level or amount of <br /> Design-Builder's self-insured retention. <br /> 11.1.3 Waiver of Subrogation. Design-Builder and the Owner waive all rights against each <br /> other any of their subcontractors, sub-subcontractors, agents and employees, each of the other, <br /> for damages caused by fire or other perils to the extent of proceeds paid by the Builder's Risk <br /> insurance or other property insurance obtained pursuant to the Contract Documents. The <br /> policies shall provide such waivers by endorsement or otherwise. <br /> PROGRESSIVE DESIGN-BUILD CONTRACT,Page 19 <br />
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