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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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Article 1 <br /> General <br /> 1.1 Mutual Obligations <br /> 1.1.1 Owner and Design-Builder commit at all times to cooperate fully with each other, and <br /> proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded <br /> under the Contract Documents. <br /> 1.2 Basic Definitions <br /> 1.2.1 Additional Services refers to those services defined or described in Section 2.3.1.8 of the <br /> Contract. <br /> 1.2.2 Claim is a demand or assertion by Design-Builder for itself or for the benefit of any <br /> Subcontractor or supplier of any tier seeking an adjustment of GMP or Contract Time, or both, or <br /> other relief with respect to the terms of the Contract Documents. <br /> 1.2.3 Contract refers to that certain executed Progressive Design-Build Contract entered into <br /> between Owner and Design-Builder dated <br /> 1.2.4 Allowance Items are specific portions of the Phase 2 Work set forth in the GMP Amendment <br /> with the cost for such Work estimated in an assigned dollar amount. <br /> 1.2.5 Allowance Values are the dollar amounts assigned to Allowance Items. <br /> 1.2.6 Application for Payment is the Design-Builder's request for payment prepared and <br /> submitted in compliance with Article 8 of the Contract and Article 6 of these General Conditions of <br /> Contract. <br /> 1.2.7 Basis of Design Documents are those documents specifically identified in the Phase 2 <br /> Proposal and GMP Amendment as being the "Basis of Design Documents" and shall include, but <br /> not be limited to, agreed upon modifications to the Owner's Project Criteria. <br /> 1.2.8 Change Order is defined or described in Section 9.1 of these General Conditions of <br /> Contract. <br /> 1.2.9 Not Used. <br /> 1.2.10 Construction Documents are the documents, consisting of drawings and specifications, to <br /> be prepared or assembled by the Design-Builder consistent with the Basis of Design Documents <br /> unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order <br /> executed by both the Owner and Design-Builder,as part of the design review process contemplated <br /> by Section 2.4 of these General Conditions of Contract. <br /> 1.2.11 Construction General Conditions Fee is defined or described in Section 7.3 of the Contract. <br /> 1.2.12 Construction General Conditions Work includes all work set forth in Exhibit D to the <br /> Contract. <br /> 1.2.13 Contract Documents are as defined in Article 3 of the Contract. <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 2 <br />
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