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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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24-hour emergency basis for the duration of the Work. Provide contact information to the <br /> Owner's Representative for inclusion in the Project emergency contact list. <br /> 4.1.7.5 GENERAL HAZARDOUS MATERIALS SUBMITTALS: Design-Builder shall <br /> review the scope of work and submittal requirements outlined in the Contract Documents. <br /> Design-Builder shall submit,and require all subcontractors performing the work of handling <br /> or disposing of any hazardous materials to submit, pertinent information required by the <br /> Contract Documents. Examples of work and impact may include abatement, demolition, <br /> saw cutting, roto-hammering, welding, sanding, drilling, scraping or other remodeling and <br /> metals-related impact, impact of asbestos-containing joint compound or other material with <br /> <1% asbestos, PCB ballast removal or light tube removal and disposal. <br /> 4.1.7.6 REGULATIONS, LAWS and ORDINANCES: Design-Builder shall comply with <br /> all applicable regulations, laws and ordinances concerning the impact, removal, handling, <br /> storage, disposal, monitoring and protection against exposure or environmental pollution <br /> related to hazardous or regulated materials and conditions. Impacts to hazardous or <br /> regulated materials that may be required by the Work may include, but are not limited to: <br /> manual demolition, mechanical demolition, cutting, sawing, drilling, sanding, scraping, <br /> welding, power-washing or torch-cutting. Confirm required impacts with other applicable <br /> specification sections and drawing sheets. Design-Builder shall furnish all labor, materials, <br /> equipment, services and insurance that is specified, shown, or reasonably implied for the <br /> removal and handling of hazardous materials as part of the Work. <br /> 4.2 Differing Site Conditions. <br /> 4.2.1 Differing Site Condition. If Design Builder encounters conditions at the Site which are <br /> subsurface or otherwise concealed physical conditions which differ materially from those indicated <br /> in the Contract Documents, or unknown physical conditions of an unusual nature which differ <br /> materially from those ordinarily found to exist and generally recognized as inherent in construction <br /> activities of the character provided for in the Contract Documents (collectively, a "Differing Site <br /> Condition"), then Design Builder shall give written notice to Owner within 24 hours after becoming <br /> aware of or having encountered such condition.Design-Builder shall not further disturb the Differing <br /> Site Condition or perform any Work in connection therewith (except for an emergency)until receipt <br /> of written order to do so. After receipt of such written notice, Owner will promptly review the <br /> pertinent condition. <br /> 4.2.2 Possible GMP and Contract Time Adjustments <br /> 4.2.2.1 If Design-Builder seeks to have the GMP or the Contract Time, or both, adjusted <br /> due to the existence of a Differing Site Condition, Design-Builder shall comply with the <br /> provisions of Article 9 in addition to the requirements of this Section 4.2. <br /> 4.2.2.2 Design-Builder shall not be entitled to any adjustment in the Contract Price or <br /> Contract Time if: <br /> a) Design-Builder knew of the existence of such conditions at the <br /> time Design-Builder and Owner negotiated this Contract; or <br /> b) Design-Builder failed to give the written notice as required by <br /> Section 4.2 and/or comply with Article 9. <br /> 4.2.2.3 If Design-Builder knows or should have known of a Differing Site Condition during <br /> Phase 1 of the Project, but fails to mitigate by taking the Differing Site Condition into <br /> account in its design, the adjustment to the GMP or Contract Time will be limited to the <br /> adjustment, if any, that Design-Builder would have been entitled to if Design-Builder had <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 14 <br />
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