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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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8.04 Pay Promptly When Due <br />A. OWNER shall make payments to CONTRAC- <br />TOR promptly when they are due as provided in <br />paragraphs 14.02.0 and 14.07.C. <br />8.05 Lands and Easements; Reports and Tests <br />A. OWNER's duties in respect of providing lands <br />and easements and providing engineering surveys to <br />establish reference points are set forth in paragraphs <br />4.01 and 4.05. Paragraph 4.02 refers to OWNER's <br />identifying and making available to CONTRACTOR <br />copies of reports of explorations and tests of <br />subsurface conditions and drawings of physical <br />conditions in or relating to existing surface or <br />subsurface structures at or contiguous to the Site that <br />have been utilized by ENGINEER in preparing the <br />Contract Documents. <br />8.06 Insurance <br />A. OWNER's responsibilities, if any, in respect to <br />purchasing and maintaining liability and property insur- <br />ance are set forth in Article 5. <br />8.07 Change Orders <br />A. OWNER is obligated to execute Change <br />Orders as indicated in paragraph 10.03. <br />8.08 Inspections, Tests, and Approvals <br />A. OWNER's responsibility in respect to certain <br />inspections, tests, and approvals is set forth in <br />paragraph 13.03.B. <br />8.09 Limitations on OWNER's Responsibilities <br />A. The OWNER shall not supervise, direct, or <br />have control or authority over, nor be responsible for, <br />CONTRACTOR's means, methods, techniques, se- <br />quences, or procedures of construction, or the safety <br />precautions and programs incident thereto, or for any <br />failure of CONTRACTOR to comply with Laws and <br />Regulations applicable to the performance of the Work. <br />OWNER will not be responsible for CONTRACTOR's <br />failure to perform the Work in accordance with the <br />Contract Documents. <br />8.10 Undisclosed Hazardous Environmental <br />Condition <br />A. OWNER's responsibility in respect to an <br />undisclosed Hazardous Environmental Condition is set <br />forth in paragraph 4.06. <br />8.11 Evidence of Financial Arrangements <br />A. If and to the extent OWNER has agreed to <br />furnish CONTRACTOR reasonable evidence that <br />financial arrangements have been made to satisfy <br />OWNER's obligations under the Contract Documents, <br />OWNER's responsibility in respect thereof will be as <br />set forth in the Supplementary Conditions. <br />ARTICLE 9 - ENGINEER'S STATUS DURING <br />CONSTRUCTION <br />9.01 OWNER'S Representative <br />A. ENGINEER will be OWNER's representative <br />during the construction period. The duties and <br />responsibilities and the limitations of authority of <br />ENGINEER as OWNER's representative during <br />construction are set forth in the Contract Documents <br />and will not be changed without written consent of <br />OWNER and ENGINEER. <br />9.02 Visits to Site <br />A. ENGINEER will make visits to the Site at inter- <br />vals appropriate to the various stages of construction <br />as ENGINEER deems necessary in order to observe <br />as an experienced and qualified design professional <br />the progress that has been made and the quality of the <br />various aspects of CONTRACTOR's executed Work. <br />Based on information obtained during such visits and <br />observations, ENGINEER, for the benefit of OWNER, <br />will determine, in general, if the Work is proceeding in <br />accordance with the Contract Documents. <br />ENGINEER will not be required to make exhaustive or <br />continuous inspections on the Site to check the quality <br />or quantity of the Work. ENGINEER's efforts will be <br />directed toward providing for OWNER a greater <br />degree of confidence that the completed Work will <br />conform generally to the Contract Documents. On the <br />basis of such visits and observations, ENGINEER will <br />keep OWNER informed of the progress of the Work <br />and will endeavor to guard OWNER against defective <br />Work. <br />B. ENGINEER's visits and observations are <br />subject to all the limitations on ENGINEER's authority <br />and responsibility set forth in paragraph 9.10, and <br />particularly, but without limitation, during or as a result <br />of ENGINEER's visits or observations of <br />CONTRACTOR's Work ENGINEER will not supervise, <br />direct, control, or have authority over or be responsible <br />for CONTRACTOR's means, methods, techniques, <br />sequences, or procedures of construction, orthe safety <br />precautions and programs incident thereto, or for any <br />failure of CONTRACTOR to comply with Laws and <br />Regulations applicable to the performance of the Work. <br />9.03 Project Representative <br />A. If OWNER and ENGINEER agree, ENGI- <br />NEER will furnish a Resident Project Representative to <br />assist ENGINEER in providing more extensive <br />observation of the Work. The responsibilities and <br />authority and limitations thereon of any such Resident <br />Project Representative and assistants will be as <br />General Conditions - 00700 - 22 <br />
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