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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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2. Expenses of CONTRACTOR's princi- <br />pal and branch offices other than <br />CONTRACTOR's office at the Site. <br />3. Any part of CONTRACTOR's capital <br />expenses, including interest on <br />CONTRACTOR's capital employed for the <br />Work and charges against CONTRACTOR for <br />delinquent payments. <br />4. Costs due to the negligence of CON- <br />TRACTOR, any Subcontractor, or anyone <br />directly or indirectly employed by any of them or <br />for whose acts any of them may be liable, <br />including but not limited to, the correction of <br />defective Work, disposal of materials or <br />equipment wrongly supplied, and making good <br />any damage to property. <br />5. Other overhead or general expense <br />costs of any kind and the costs of any item not <br />specifically and expressly included in <br />paragraphs 11.01.A and 11.01.13. <br />C. CONTRACTOR's Fee: When all the Work is <br />performed on the basis of cost-plus, CONTRACTOR's <br />fee shall be determined as set forth in the Agreement. <br />When the value of any Work covered by a Change <br />Order or when a Claim for an adjustment in Contract <br />Price is determined on the basis of Cost of the Work, <br />CONTRACTOR's fee shall be determined as set forth <br />in paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of the <br />Work for any purpose is to be determined pursuant to <br />paragraphs 11.01.A and 11.01.13, CONTRACTOR will <br />establish and maintain records thereof in accordance <br />with generally accepted accounting practices and <br />submit in a form acceptable to ENGINEER an itemized <br />cost breakdown together with supporting data. <br />11.02 Cash Allowances <br />A. It is understood that CONTRACTOR has in- <br />cluded in the Contract Price all allowances so named <br />in the Contract Documents and shall cause the Work <br />so covered to be performed for such sums as may be <br />acceptable to OWNER and ENGINEER. <br />CONTRACTOR agrees that: <br />1. the allowances include the cost to <br />CONTRACTOR (less any applicable trade <br />discounts) of materials and equipment required <br />by the allowances to be delivered at the Site, <br />and all applicable taxes; and <br />2. CONTRACTOR's costs for unloading <br />and handling on the Site, labor, installation <br />costs, overhead, profit, and other expenses <br />contemplated for the allowances have been <br />included in the Contract Price and not in the <br />allowances, and no demand for additional <br />payment on account of any of the foregoing will <br />be valid. <br />B. Prior to final payment, an appropriate Change <br />Order will be issued as recommended by ENGINEER <br />to reflect actual amounts due CONTRACTOR on <br />account of Work covered by allowances, and the Con- <br />tract Price shall be correspondingly adjusted. <br />11.03 Unit Price Work <br />A. Where the Contract Documents provide that <br />all or part of the Work is to be Unit Price Work, initially <br />the Contract Price will be deemed to include for all Unit <br />Price Work an amount equal to the sum of the unit price <br />for each separately identified item of Unit Price Work <br />times the estimated quantity of each item as indicated <br />in the Agreement. The estimated quantities of items of <br />Unit Price Work are not guaranteed and are solely for <br />the purpose of comparison of Bids and determining an <br />initial Contract Price. Determinations of the actual <br />quantities and classifications of Unit Price Work <br />performed by CONTRACTOR will be made by <br />ENGINEER subject to the provisions of paragraph <br />9.08. <br />B. Each unit price will be deemed to include an <br />amount considered by CONTRACTOR to be adequate <br />to cover CONTRACTOR's overhead and profit for <br />each separately identified item. <br />C. OWNER or CONTRACTOR may make a <br />Claim for an adjustment in the Contract Price in accor- <br />dance with paragraph 10.05 if: <br />1. the quantity of any item of Unit Price <br />Work performed by CONTRACTOR differs <br />materially and significantly from the estimated <br />quantity of such item indicated in the <br />Agreement; and <br />2. there is no corresponding adjustment <br />with respect any other item of Work; and <br />3. if CONTRACTOR believes that <br />CONTRACTOR is entitled to an increase in <br />Contract Price as a result of having incurred <br />additional expense or OWNER believes that <br />OWNER is entitled to a decrease in Contract <br />Price and the parties are unable to agree as to <br />the amount of any such increase or decrease. <br />ARTICLE 12 - CHANGE OF CONTRACT PRICE; <br />CHANGE OF CONTRACT TIMES <br />12.01 Change of Contract Price <br />A. The Contract Price may only be changed by a <br />Change Order or by a Written Amendment. Any Claim <br />for an adjustment in the Contract Price shall be based <br />General Conditions - 00700 - 27 <br />
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