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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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6.6.1.2 All operating manuals, warranties, record documents and other deliverables <br /> required by the Contract Documents; and <br /> 6.6.1.3 A signed and stamped set of all calculations supporting the design of the Project. <br /> 6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, <br /> Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire <br /> Work or completed portion of the Work, less an amount equal to the reasonable value of all <br /> remaining or incomplete items of Work as noted in the Certificate of Substantial Completion, and <br /> subject to the Retainage requirements of RCW 60.28 and Section 8.3 of the Contract. <br /> 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be <br /> Substantially Complete, provided, however,that(i)a Certificate of Substantial Completion has been <br /> issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design- <br /> Builder and Owner have obtained the consent of their sureties and insurers, and to the extent <br /> applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) <br /> Owner and Design-Builder agree that Owner's use or occupancy will not interfere with Design- <br /> Builder's completion of the remaining Work. <br /> 6.7 Final Payment. <br /> 6.7.1 After receipt of a Final Application for Payment from Design-Builder, together with all <br /> information required by Section 6.7.2 below, Owner shall make final payment by the time required <br /> in the Contract, provided that Design-Builder has achieved Final Completion. <br /> 6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide <br /> the following information: <br /> 6.7.2.1 An affidavit certifying that there are no claims, obligations or liens outstanding or <br /> unsatisfied for labor, services, material, equipment, taxes or other items performed, <br /> furnished or incurred for or in connection with the Work which will in any way affect Owner's <br /> interests; <br /> 6.7.2.2 A general release executed by Design-Builder waiving, upon receipt of final <br /> payment by Design-Builder, all claims, except those claims previously made in writing to <br /> Owner and remaining unsettled at the time of final payment; <br /> 6.7.2.3 Consent of Design-Builder's surety, if any, to final payment; and <br /> 6.7.2.4 Certificates of insurance confirming that required coverages will remain in effect <br /> consistent with the requirements of the Contract Documents. <br /> 6.7.3 Deficiencies in the Work discovered after Substantial Completion, whether or not such <br /> deficiencies would have been included on the Punch List if discovered earlier, shall be deemed <br /> warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and <br /> 2.10 herein, and shall not be a reason to withhold Final Payment from Design-Builder, provided, <br /> however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of <br /> completion of such deficient Work until such Work is completed. <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 17 <br />
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