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Last modified
1/13/2025 2:38:17 PM
Creation date
1/13/2025 1:59:34 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/03/2024
Control Number
2024-311
Agenda Item Number
14.A.
Entity Name
The Ohio Casualty Insurance Company
Subject
Tripartite Tender Agreement for Fire Station 11 Completion Contract 1/10/25
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PCC Comments 11/12/2024 <br />GENERAL CONDITIONS In Red. <br />ARTICLE 1 - DEFINITIONS AND TERMINOLOGY <br />1.01 Defined Terms <br />A. Wherever used in the Contract Documents <br />and printed with initial or all capital letters, the terms <br />listed belowwill have the meanings indicated which are <br />applicable to both the singular and plural thereof. <br />1. Addenda—Written or graphic instruments <br />issued prior to the opening of Bids which clarify, <br />correct, or change the Bidding Requirements or the <br />Contract Documents. <br />2. Agreement --The written instrument which <br />is evidence of the agreement between OWNER and <br />CONTRACTOR covering the Work. <br />3. Application for Payment—The form <br />acceptable to ENGINEER which is to be used by CON- <br />TRACTOR during the course of the Work in requesting <br />progress or final payments and which is to be <br />accompanied by such supporting documentation as is <br />required by the Contract Documents. <br />4. Asbestos --Any material that contains <br />more than one percent asbestos and is friable or is <br />releasing asbestos fibers into the air above current <br />action levels established by the United States Occupa- <br />tional Safety and Health Administration. <br />5. Bid --The offer or proposal of a bidder <br />submitted on the prescribed form setting forth the <br />prices for the Work to be performed. <br />6. Bidding Documents --The Bidding <br />Requirements and the proposed Contract Documents <br />(including all Addenda issued prior to receipt of Bids). <br />7. Bidding Requirements—The <br />Advertisement or Invitation to Bid, Instructions to <br />Bidders, Bid security form, if any, and the Bid form with <br />any supplements. <br />8. Bonds --Performance and payment bonds <br />and other instruments of security. <br />9. Change Order --A document recommend- <br />ed by ENGINEER which is signed by CONTRACTOR <br />and OWNER and authorizes an addition, deletion, or <br />revision in the Work or an adjustment in the Contract <br />Price or the Contract Times, issued on or after the <br />Effective Date of the Agreement. <br />10. Claim—A demand or assertion by <br />OWNER or CONTRACTOR seeking an adjustment of <br />Contract Price or Contract Times, or both, or other <br />relief with respect to the terms of the Contract. A <br />demand for money or services by a third party is not a <br />Claim. <br />11. Contract --The entire and integrated <br />written agreement between the OWNER and <br />CONTRACTOR concerning the Work. The Contract <br />supersedes prior negotiations, representations, or <br />agreements, whether written or oral. <br />12. Contract Documents --The Contract Docu- <br />ments establish the rights and obligations of the parties <br />and include the Agreement, Addenda (which pertain to <br />the Contract Documents), CONTRACTOR's Bid <br />(including documentation accompanying the Bid and <br />any post Bid documentation submitted prior to the <br />Notice of Award) when attached as an exhibit to the <br />Agreement, the Notice to Proceed, the Bonds, these <br />General Conditions, the Supplementary Conditions, <br />the Specifications and the Drawings as the same are <br />more specifically identified in the Agreement, together <br />with all Written Amendments, Change Orders, Work <br />Change Directives, Field Orders, and ENGINEER's <br />written interpretations and clarifications issued on or <br />after the Effective Date of the Agreement. Approved <br />Shop Drawings and the reports and drawings of <br />subsurface and physical conditions are not Contract <br />Documents. Only printed or hard copies of the items <br />listed in this paragraph are Contract Documents. Files <br />in electronic media format of text, data, graphics, and <br />the like that may be furnished by OWNER to <br />CONTRACTOR are not Contract Documents. <br />13. Contract Price --The moneys payable by <br />OWNER to CONTRACTOR for completion of the Work <br />in accordance with the Contract Documents as stated <br />in the Agreement (subject to the provisions of <br />paragraph 11.03 in the case of Unit Price Work). <br />14. Contract Times --The number of days or <br />the dates stated in the Agreement to: (i) achieve <br />Substantial Completion; and (ii) complete the Work so <br />that it is ready for final payment as evidenced by <br />ENGINEER's written recommendation of final pay- <br />ment. <br />15. CONTRACTOR --The individual or entity <br />with whom OWNER has entered into the Agreement. <br />16. Cost of the Work -See paragraph 11.01.A <br />for definition. <br />17. Drawings—That part of the Contract <br />Documents prepared or approved by ENGINEER <br />which graphically shows the scope, extent, and <br />character of the Work to be performed by <br />CONTRACTOR. Shop Drawings and other <br />CONTRACTOR submittals are not Drawings as so <br />defined. <br />General Conditions - 00700 -1 <br />
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