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Last modified
1/13/2025 2:38:17 PM
Creation date
1/13/2025 1:59:34 PM
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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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A. Reports and Drawings: The Supplementary <br />Conditions identify: <br />those reports of explora <br />tests of subs on ' ' or contiguous <br />to the Site has used in <br />Ing the Contract Documents; a <br />2. those drawings of physical <br />conditions in or relating to existing surface or <br />subsurface structures at or contiguous to the <br />Site (except Underground Facilities) that ENGI- <br />NEER has used in preparing the Contract <br />Documents. <br />B. Limited Reliance by CONTRACTOR on <br />Technical Data Authorized: CONTRACTOR may rely <br />upon the general accuracy of the "technical data" <br />contained in such reports and drawings, but such <br />reports and drawings are not Contract Documents. <br />Such "technical data" is identified in the Supplementary <br />Conditions. Except for such reliance on such <br />"technical data," CONTRACTOR may not rely upon or <br />make any Claim against OWNER, ENGINEER, or any <br />of ENGINEER's Consultants with respect to: <br />1. the completeness of such reports and <br />drawings for CONTRACTOR's purposes, <br />including, but not limited to, any aspects of the <br />means, methods, techniques, sequences, and <br />procedures of construction to be employed by <br />CONTRACTOR, and safety precautions and <br />programs incident thereto; or <br />2. other data, interpretations, opinions, <br />and information contained in such reports or <br />shown or indicated in such drawings; or <br />3. any CONTRACTOR interpretation of <br />or conclusion drawn from any "technical data" or <br />any such other data, interpretations, opinions, or <br />information. <br />4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If CONTRACTOR believes that any <br />subsurface or physical condition at or contiguous to the <br />Site that is uncovered or revealed either: <br />1. is of such a nature as to establish that <br />any "technical data" on which CONTRACTOR is <br />entitled to rely as provided in paragraph 4.02 is <br />materially inaccurate; or <br />2. is of such a nature as to require <br />change in the Contract Documents; or <br />3. differs materially from that shown or <br />indicated in the Contract Documents; or <br />4. is of an unusual nature, and differs <br />materially from conditions ordinarily <br />encountered and generally recognized as inher- <br />ent in work of the character provided for in the <br />Contract Documents; <br />then CONTRACTOR shall, promptly after becoming <br />aware thereof and before further disturbing the <br />subsurface or physical conditions or performing any <br />Work in connection therewith (except in an emergency <br />as required by paragraph 6.16.A), notify OWNER and <br />ENGINEER in writing about such condition. <br />CONTRACTOR shall not further disturb such condition <br />or perform any Work in connection therewith (except <br />as aforesaid) until receipt of written order to do so. <br />B. ENGINEER's Review: After receipt of written <br />notice as required by paragraph 4.03.A, ENGINEER <br />will promptly review the pertinent condition, determine <br />the necessity of OWNER's obtaining additional <br />exploration or tests with respect thereto, and advise <br />OWNER in writing (with a copy to CONTRACTOR) of <br />ENGINEER's findings and conclusions. <br />C. Possible Price and Times Adjustments <br />1. The Contract Price or the Contract <br />Times, or both, will be equitably adjusted to the <br />extent that the existence of such differing <br />subsurface or physical condition causes an in- <br />crease or decrease in CONTRACTOR's cost of, <br />or time required for, performance of the Work; <br />subject, however, to the following: <br />a. such condition must meet any one or <br />more of the categories described in para- <br />graph 4.03.A; and <br />b. with respect to Work that is paid for on <br />a Unit Price Basis, any adjustment in <br />Contract Price will be subject to the <br />provisions of paragraphs 9.08 and 11.03. <br />2. CONTRACTOR shall not be entitled <br />to any adjustment in the Contract Price or <br />Contract Times if: <br />a. CONTRACTOR knew of the <br />existence of such conditions at the time <br />CONTRACTOR made a final commitment to <br />OWNER in respect of Contract Price and <br />Contract Times by the submission of a Bid or <br />becoming bound under a negotiated <br />contract; or <br />b. the existence of such condition could <br />reasonably have been discovered or <br />revealed as a result of any examination, <br />investigation, exploration, test,or study of <br />the Site and contiguous areas required by <br />the Bidding Requirements or Contract Docu- <br />ments to be conducted by or for CON- <br />TRACTOR prior to CONTRACTOR's <br />making such final commitment; or <br />General Conditions - 00700 - 7 <br />
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