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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />GENERAL CONDITIONS <br /> <br />ARTICLE 1 - DEFINITIONS AND TERMINOLOGY <br /> <br />1.01 Defined Terms <br /> <br />A. Wherever used in the Bidding Requirements <br />or Contract Documents and printed with initial capital <br />letters, the terms listed below will have the meanings <br />indicated which are applicable to both the singular and <br />plural thereof. In addition to terms specifically defmed, <br />terms with initial capital letters in the Contract <br />Documents include references to identified articles and <br />paragraphs, and the titles of other documents or forms. <br /> <br />1. Addenda-- Written or graphic instruments <br />issued prior to the opening of Bids which clarify, correct, <br />or change the Bidding Requirements or the proposed <br />Contract Documents. <br /> <br />2. Agreement-- The written instrument which is <br />evidence of the agreement between Owner and Contractor <br />covering the Work. <br /> <br />3. Applicationfor Payment--The form acceptable <br />to Engineer which is to be used by Contractor during the <br />course of the Work in requesting progress or fmal <br />payments and which is to be accompanied by such <br />supporting documentation as is required by the Contract <br />Documents. <br /> <br />4. Asbestos--Any material that contains more <br />than one percent asbestos and is friable or is releasing <br />asbestos fibers into the air above current action levels <br />established by the United States Occupational Safety and <br />Health Administration. <br /> <br />5. Bid--The offer or proposal of a Bidder <br />submitted on the prescribed form setting forth the prices <br />for the Work to be performed. <br /> <br />6. Bidder-- The individual or entity who submits <br />a Bid directly to Owner. <br /> <br />7. Bidding Documents-- The Bidding <br />Requirements and the proposed Contract Documents <br />(including all Addenda). <br /> <br />8. Bidding Requirements-- The Advertisement or <br />Invitation to Bid, Instructions to Bidders, bid security of <br />acceptable form, if any, and the Bid Form with any <br />supplements. <br /> <br />9. Change Order--A document recommended by <br />Engineer which is signed by Contractor and Owner and <br />authorizes an addition, deletion, or revision in the Work <br />or an adjustment in the Contract Price or the Contract <br />Times, issued on or after the Effective Date of the <br />Agreement. <br /> <br />10. Claim--A demand or assertion by Owner or <br />Contractor seeking an adjustment of Contract Price or <br />Contract Times, or both, or other relief with respect to the <br />terms of the Contract. A demand for money or services by <br />a third party is not a Claim. <br /> <br />11. Contract-- The entire and integrated written <br />agreement between the Owner and Contractor concerning <br />the Work. The Contract supersedes prior negotiations, <br />representations, or agreements, whether written or oral. <br /> <br />12. Contract Documents-- Those items so <br />designated in the Agreement. Only printed or hard copies <br />of the items listed in the Agreement are Contract <br />Documents. Approved Shop Drawings, other Contractor's <br />submittals, and the reports and drawings of subsurface <br />and physical conditions are not Contract Documents. <br /> <br />13. Contract Price--The moneys payable by <br />Owner to Contractor for completion of the Work in <br />accordance with the Contract Documents as stated in the <br />Agreement (subject to the provisions of Paragraph 11.03 <br />in the case of Unit Price Work). <br /> <br />14. Contract Times--The number of days or the <br />dates stated in the Agreement to: (i) achieve Milestones, if <br />any, (ii) achieve Substantial Completion; and (iii) com- <br />plete the Work so that it is ready for final payment as <br />evidenced by Engineer's written recommendation of final <br />payment. <br /> <br />15. Contractor-- The individual or entity with <br />whom Owner has entered into the Agreement. <br /> <br />16. Cost of the Work--See Paragraph 11.01.A for <br />defmition. <br /> <br />17. Drawings-- That part of the Contract <br />Documents prepared or approved by Engineer which <br />graphically shows the scope, extent, and character of the <br />Work to be performed by Contractor. Shop Drawings and <br />other Contractor submittals are not Drawings as so <br />defmed. <br /> <br />18. Effective Date of the Agreement-- The date <br />indicated in the Agreement on which it becomes effective, <br />but if no such date is indicated, it means the date on <br />which the Agreement is signed and delivered by the last <br />of the two parties to sign and deliver. <br /> <br />19. Engineer--The individual or entity named as <br />such in the Agreement. <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700 - 6 <br />
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