|
<br />~
<br />
<br />administrative requirements and procedural matters
<br />applicable thereto.
<br />
<br />44. Subcontractor--An individual or entity
<br />having a direct contract with Contractor or with any other
<br />Subcontractor for the performance of a part of the Work
<br />at the Site.
<br />
<br />45. Substantial Completion--The time at which
<br />the Work (or a specified part thereot) has progressed to
<br />the point where, in the opinion of Engineer, the Work (or
<br />a specified part thereot) is sufficiently complete, in
<br />accordance with the Contract Documents, so that the
<br />Work (or a specified part thereot) can be utilized for the
<br />purposes for which it is intended. The terms "substantially
<br />complete" and "substantially completed" as applied to all
<br />or part of the Work refer to Substantial Completion
<br />thereof.
<br />
<br />46. Successful Bidder-- The Bidder submitting a
<br />responsive Bid to whom Owner makes an award.
<br />
<br />47. Supplementary Conditions-- That part of the
<br />Contract Documents which amends or supplements these
<br />General Conditions.
<br />
<br />48. Supplier--A manufacturer, fabricator, suppli-
<br />er, distributor, materialman, or vendor having a direct
<br />contract with Contractor or with any Subcontractor to
<br />furnish materials or equipment to be incorporated in the
<br />Workby Contractor or any Subcontractor.
<br />
<br />49. Underground Faci/ities--All underground
<br />pipelines, conduits, ducts, cables, wires, manholes, vaults,
<br />tanks, tunnels, or other such facilities or attachments, and
<br />any encasements containing such facilities, including
<br />those that convey electricity, gases, steam, liquid
<br />petroleum products, telephone or other communications,
<br />cable television, water, wastewater, storm water, other
<br />liquids or chemicals, or traffic or other control systems.
<br />
<br />50. Unit Price Work--Work to be paid for on the
<br />basis of unit prices.
<br />
<br />5 I. W ork-- The entire construction or the various
<br />separately identifiable parts thereof required to be
<br />provided under the Contract Documents. Work includes
<br />and is the result of performing or providing all labor,
<br />services, and documentation necessary to produce such
<br />construction, and furnishing, installing, and incorporating
<br />all materials and equipment into such construction, all as
<br />required by the Contract Documents.
<br />
<br />but is evidence that the parties expect that the change
<br />ordered or documented by a Work Change Directive will
<br />be incorporated in a subsequently issued Change Order
<br />following negotiations by the parties as to its effect, if
<br />any, on the Contract Price or Contract Times.
<br />
<br />1.02 Terminology
<br />
<br />A. The following words or terms are not defined
<br />but, when used in the Bidding Requirements or Contract
<br />Documents, have the following meaning.
<br />
<br />B. Intent of Certain Terms or Adjectives
<br />
<br />I. The Contract Documents include the terms "as
<br />allowed," "as approved," "as ordered", "as directed" or
<br />terms of like effect or import to authorize an exercise of
<br />professional judgment by Engineer. In addition, the
<br />adjectives "reasonable," "suitable," "acceptable,"
<br />"proper," "satisfactory," or adjectives of like effect or
<br />import are used to describe an action or determination of
<br />Engineer as to the Work. It is intended that such exercise
<br />of professional judgment, action or determination will be
<br />solely to evaluate, in general, the Work for compliance
<br />with the requirements of and information in the Contract
<br />Documents and conformance with the design concept of
<br />the completed Project as a functioning whole-as shown or
<br />indicated in the Contract Documents (unless there is a
<br />specific statement indicating otherwise). The use of any
<br />such term or adjective is not intended to and shall not be
<br />effective to assign to Engineer any duty or authority to
<br />supervise or direct the performance of the Work or any
<br />duty or authority to undertake responsibility contrary to
<br />the provisions of Paragraph 9.09 or any other provision of
<br />the Contract Documents.
<br />
<br />C.Day
<br />
<br />I. The word "day" means a calendar day
<br />of24 hours measured from midnight to the next midnight.
<br />
<br />D. Defective
<br />
<br />1. The word "defective," when modifying the
<br />word "Work," refers to Work that is unsatisfactory,
<br />faulty, or deficient in that it:
<br />
<br />a. does not conform to the Contract Documents,
<br />or
<br />
<br />b. does not meet the requirements of any
<br />applicable inspection, reference standard, test, or
<br />approval referred to in the Contract Documents,
<br />or
<br />
<br />52. Work Change Directive--A written statement
<br />to Contractor issued on or after the Effective Date of the
<br />Agreement and signed by Owner and recommended by
<br />Engineer ordering an addition, deletion, or revision in tne
<br />Work, or responding to differing or unforeseen subsurface
<br />or physical conditions under which the Work is to be
<br />performed or to emergencies. A Work Change Directive
<br />will not change the Contract Price or the Contract Times
<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 - 8
<br />
<br />c. has been damaged prior to Engineer's -
<br />recommendation of final payment (unless
<br />responsibility for the protection thereof has been
<br />assumed by Owner at Substantial Completion in
<br />accordance with Paragraph 14.04 or 14.05).
<br />
|