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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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schedules. The Completing Contractor warrants and agrees that it will enter into a <br />Completion Contract with the Owner in the form attached as Exhibit "A" for completion <br />of the Original Contract. The Completing Contractor and the Owner agree that the Surety <br />shall have no responsibility for making any payments to the Completing Contractor, for <br />any changes to the Original Contract, or for any claims whatsoever by the Completing <br />Contractor, its subcontractors, laborers, materialmen and suppliers or arising out of or <br />related to the work of the Completing Contractor, who is providing a bond to the Owner. <br />Surety, Owner and Completing Contractor agree that there shall be an allowance of <br />up to $60,000.00 for the correction of any latent defects discovered after the date of this <br />Agreement in the work previously performed by Original Contractor (the "Latent Defect <br />Allowance"). Surety shall not be required to fund the Latent Defect Allowance or any part <br />thereof unless or until (1) the Surety is given notice of the latent defect and 5 (five) business <br />days to inspect the alleged latent defect; (2) Completing Contractor provides Surety with <br />the actual cost (materials and labor) with supporting quotations for the work; and (3) Surety <br />approves the work under the Latent Defect Allowance, in writing, which approval shall not <br />be unreasonably withheld and provided within three (3) days of receipt of all information. <br />Completing Contractor agrees that its mark-up of the actual cost of work under the Latent <br />Defect Allowance for fee/overhead/profit and general conditions shall be limited to 15% <br />of the actual cost of the work. Within ten (10) business days of the Surety's approval of <br />work under the Latent Defect Allowance, Surety will tender the approved amount to <br />Owner. Owner shall be solely responsible for paying Completing Contractor for work <br />under the Latent Defect Allowance and nothing herein shall create a direct claim by <br />Completing Contractor against Surety. <br />4. Payment by Surety. Within ten (10) business days of the Owner providing <br />to the Surety an executed copy of this Agreement, Surety shall pay to the order of the <br />Owner, the sum of $279,640.00 (the "Surety Payment"), which represents the difference <br />between the Undisputed Contract Balance and the Completion Contract Sum to provide <br />the Owner with funds to complete the Original Contract. The Surety Payment shall reduce <br />the Penal Sum of the Bond, dollar for dollar. In addition, any payments made by the Surety <br />under the Latent Defect Allowance shall reduce the Penal Sum of the Bond, dollar for <br />dollar. <br />5. No Further Responsibility of Surety. In the event of any default by the <br />Completion Contractor under the terms of the Completion Contract, the Owner agrees to <br />make demand and look solely to the Completion Contractor and the Completion <br />Contractor's Bond surety for performance of its obligations, and the Owner shall make no <br />further demands and assert no further liability related to the Original Contract upon the <br />Surety, except for latent defects in work performed by the Original Contractor discovered <br />after the date of this Agreement (the "Latent Defect Reservation"). The Owner warrants <br />that it is not currently aware of any defects or deficiencies in work performed by the <br />3 <br />
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