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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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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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agents, and other consultants and subcontractors of <br />each and any of them arising out of: <br />1. the preparation or approval of, or the <br />failure to prepare or approve, maps, Drawings, <br />opinions, reports, surveys, Change Orders, <br />designs, or Specifications; or <br />2. giving directions or instructions, or <br />failing to give them, if that is the primary cause <br />of the injury or damage. <br />ARTICLE 7 - OTHER WORK <br />7.01 Related Work at Site <br />A. OWNER may perform other work related to <br />the Project at the Site by OWNER's employees, or let <br />other direct contracts therefor, or have other work <br />performed by utility owners. If such other work is not <br />noted in the Contract Documents, then: <br />1. written notice thereof will be given to <br />CONTRACTOR prior to starting any such other <br />work; and <br />2. if OWNER and CONTRACTOR are <br />unable to agree on entitlement to or on the <br />amount or extent, if any, of any adjustment in <br />the Contract Price or Contract Times that should <br />be allowed as a result of such other work, a <br />Claim may be made therefor as provided in <br />paragraph 10.05. <br />B. CONTRACTOR shall afford each other <br />contractor who is a party to such a direct contract and <br />each utility owner (and OWNER, if OWNER is per- <br />forming the other work with OWNER's employees) <br />proper and safe access to the Site and a reasonable <br />opportunity for the introduction and storage of <br />materials and equipment and the execution of such <br />other work and shall properly coordinate the Work with <br />theirs. Unless otherwise provided in the Contract <br />Documents, CONTRACTOR shall do all cutting, fitting, <br />and patching of the Work that may be required to <br />properly connect or otherwise make its several parts <br />come together and properly integrate with such other <br />work. CONTRACTOR shall not endanger any work of <br />others by cutting, excavating, or otherwise altering <br />their work and will only cut or alter their work with the <br />written consent of ENGINEER and the others whose <br />work will be affected. The duties and responsibilities <br />of CONTRACTOR under this paragraph are for the <br />benefit of such utility owners and other contractors to <br />the extent that there are comparable provisions for the <br />benefit of CONTRACTOR in said direct contracts <br />between OWNER and such utility owners and other <br />contractors. <br />C. If the proper execution or results of any part of <br />CONTRACTOR's Work depends upon work per- <br />formed by others under this Article 7, CONTRACTOR <br />shall inspect such other work and promptly report to <br />ENGINEER in writing any delays, defects, or deficien- <br />cies in such other work that render it unavailable or <br />unsuitable for the proper execution and results of <br />CONTRACTOR's Work. CONTRACTOR's failure to <br />so report will constitute an acceptance of such other <br />work as fit and proper for integration with <br />CONTRACTOR's Work except for latent defects and <br />deficiencies in such other work. <br />7.02 Coordination <br />A. If OWNER intends to contract with others for <br />the performance of other work on the Project at the <br />Site, the following will be set forth in Supplementary <br />Conditions: <br />1. the individual or entity who will have <br />authority and responsibility for coordination of <br />the activities among the various contractors will <br />be identified; <br />2. the specific matters to be covered by <br />such authority and responsibility will be <br />itemized; and <br />3. the extent of such authority and <br />responsibilities will be provided. <br />B. Unless otherwise provided in the <br />Supplementary Conditions, OWNER shall have sole <br />authority and responsibility for such coordination. <br />ARTICLE 8 - OWNER'S RESPONSIBILITIES <br />8.01 Communications to Contractor <br />A. Except as otherwise provided in these <br />General Conditions, OWNER shall issue all communi- <br />cations to CONTRACTOR through ENGINEER. <br />8.02 Replacement of ENGINEER <br />A. In case of termination of the employment of <br />ENGINEER, OWNER shall appoint an engineer to <br />whom CONTRACTOR makes no reasonable <br />objection, whose status under the Contract Documents <br />shall be that of the former ENGINEER. <br />8.03 Furnish Data <br />A. OWNER shall promptly furnish the data <br />required of OWNER under the Contract Documents. <br />General Conditions - 00700 - 21 <br />
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