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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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A. Where CONTRACTOR is prevented from <br />completing any part of the Work within the Contract <br />Times (or Milestones) due to delay beyond the control <br />of both OWNER and CONTRACTOR, an extension of <br />the Contract Times (or Milestones) in an amount equal <br />to the time lost due to such delay shall be <br />CONTRACTOR's sole and exclusive remedy for such <br />delay. <br />12.06 Delay Damages <br />A. In no event shall OWNER or ENGINEER be <br />liable to CONTRACTOR, any Subcontractor, any <br />Supplier, or any other person or organization, or to any <br />surety for or employee or agent of any of them, for <br />damages arising out of or resulting from: <br />1. delays caused by or within the control <br />of CONTRACTOR; or <br />2. delays beyond the control of both <br />OWNER and CONTRACTOR including but not <br />limited to fires, floods, epidemics, abnormal <br />weather conditions, acts of God, or acts or <br />neglect by utility owners or other contractors <br />performing other work as contemplated by <br />Article 7. Except as covered by insurance <br />B. Nothing in this paragraph 12.06 bars a change <br />in Contract Price pursuant to this Article 12 to <br />compensate CONTRACTOR due to delay, <br />interference, or disruption directly attributable to <br />actions or inactions of OWNER or anyone for whom <br />OWNER is responsible. <br />ARTICLE 13 -TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br />13.01 Notice of Defects <br />A. Prompt notice of all defective Work of which <br />OWNER or ENGINEER has actual knowledge will be <br />given to CONTRACTOR. All defective Work may be <br />rejected, corrected, or accepted as provided in this <br />Article 13. <br />13.02 Access to Work <br />A. OWNER, ENGINEER, ENGINEER's Con- <br />sultants, other representatives and personnel of OWN- <br />ER, independent testing laboratories, and govern- <br />mental agencies with jurisdictional interests will have <br />access to the Site and the Work at reasonable times <br />for their observation, inspecting, and testing. <br />CONTRACTOR shall provide them proper and safe <br />conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and <br />programs so that they may comply therewith as <br />applicable. <br />13.03 Tests and Inspections <br />A. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required <br />inspections, tests, or approvals and shall cooperate <br />with inspection and testing personnel to facilitate <br />required inspections or tests. <br />■- _ <br />C. If Laws or Regulations of any public body <br />having jurisdiction require any Work (or part thereof) <br />specifically to be inspected, tested, or approved by an <br />employee or other representative of such public body, <br />CONTRACTOR shall assume full responsibility for <br />arranging and obtaining such inspections, tests, or <br />approvals, pay all costs in connection therewith, and <br />furnish ENGINEER the required certificates of inspec- <br />tion or approval. <br />D. CONTRACTOR shall be responsible for <br />arranging and obtaining and shall pay all costs in <br />connection with any inspections, tests, or approvals <br />required for OWNER's and ENGINEER's acceptance <br />of materials or equipment to be incorporated in the <br />Work; or acceptance of materials, mix designs, or <br />equipment submitted for approval prior to <br />CONTRACTOR's purchase thereof for incorporation in <br />the Work. Such inspections, tests, or approvals shall <br />be performed by organizations acceptable to OWNER <br />and ENGINEER. <br />E. If any Work (or the work of others) that is to be <br />inspected, tested, or approved is covered by CON- <br />TRACTOR without written concurrence of ENGINEER, <br />it must, if requested by ENGINEER, be uncovered for <br />observation. <br />F. Uncovering Work as provided in paragraph <br />13.03.E shall be at CONTRACTOR's expense unless <br />CONTRACTOR has given ENGINEER timely notice of <br />CONTRACTOR's intention to cover the same and <br />ENGINEER has not acted with reasonable promptness <br />in response to such notice. <br />General Conditions - 00700 - 29 <br />
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