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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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of one year from the date of Final Completion or within such longer period to the extent required by <br /> any specific warranty included in the Contract Documents. <br /> 2.10.2 Design-Builder shall,within seven (7)days of receipt of written notice from Owner that the <br /> Work is not in conformance with the Contract Documents, take meaningful steps to commence <br /> correction of such nonconforming Work, including the correction, removal or replacement of the <br /> nonconforming Work and any damage caused to other parts of the Work affected by the <br /> nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven <br /> (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, <br /> may provide Design-Builder with written notice that Owner will commence correction of such <br /> nonconforming Work with its own or other contracted forces. If Owner does perform such corrective <br /> Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing <br /> such correction. If the nonconforming Work creates an emergency requiring an immediate <br /> response, the seven (7) day period identified herein shall be deemed inapplicable. <br /> 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder's <br /> obligation to correct nonconforming Work and is not intended to constitute a period of limitations <br /> for any other rights or remedies Owner may have regarding Design-Builder's other obligations <br /> under the Contract Documents. <br /> Article 3 <br /> Owner's Services and Responsibilities <br /> 3.1 Duty to Cooperate. <br /> 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and <br /> perform its responsibilities,obligations and services in a timely manner to facilitate Design-Builder's <br /> timely and efficient performance of the Work and so as not to delay or interfere with Design- <br /> Builder's performance of its obligations under the Contract Documents. <br /> 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and <br /> Construction Documents consistent with the turnaround times set forth in the Project Schedule. <br /> 3.1.3 Owner shall give Design-Builder timely notice of any Work that Owner notices to be <br /> defective or not in compliance with the Contract Documents. <br /> 3.2 Furnishing of Services and Information. <br /> 3.2.1. Reference Documents. Owner has provided Design-Builder with access to the reference <br /> documents (the "Reference Documents") listed in Exhibit A to the Contract. Owner provides such <br /> Reference Documents to Design-Builder for information only. Design-Builder understands and <br /> agrees that Owner shall not be responsible or liable in any respect for any loss, damage, injury, <br /> liability, cost or cause of action whatsoever suffered by Design-Builder by reason of any use of any <br /> information contained in the Reference Documents or any action or forbearance in reliance thereon. <br /> Design-Builder further acknowledges and agrees that (a) if and to the extent Design-Builder or <br /> anyone on Design-Builder's behalf uses any of the information in the Reference Documents in any <br /> way, such use is made on the basis that Design-Builder, not Owner, has approved and is <br /> responsible for such information, and (b) Design-Builder is capable of conducting and obligated <br /> hereunder to conduct any and all studies, analyses and investigations as it deems advisable to <br /> verify or supplement such information, and that any use of such information is entirely at Design <br /> Builder's own risk and at its own discretion. <br /> 3.2.2 Except as otherwise provided in the Contract Documents, Owner is responsible for <br /> securing and executing all necessary agreements with adjacent land or property owners that are <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 11 <br />
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