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(04-01-01) Sea Wall Replacement & Restoration
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Last modified
6/13/2012 12:25:47 AM
Creation date
1/6/2011 11:55:55 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Sea Wall Replacement & Restoration
Bid No. (xx-xx-xx)
04-01-01
Project Type (Bid, RFP, RFQ)
Bid
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GENERAL CONDITIONS <br />ARTICLE I— DEFINITIONS <br />Wherever used in these General Conditions or in the other <br />Contract Documents the following terms have the meanings <br />indicated which are applicable to both the singular and plural <br />thereof: <br />l.l. Addenda — Written or graphic instruments issued prior <br />to the opening of Bids which clarify, correct or change the <br />Bidding Requirements or the Contract Documents. <br />1.2. Agreement —The written contract between OWNER <br />and CONTRACTOR covering the Work to be performed; other <br />Contract Documents are attached to the Agreement and made <br />a part thereof as provided therein. <br />1.3. Application for Payment —The form accepted by EN- <br />GINEER which is to be used by CONTRACTOR in requesting <br />progress or final payments and which is to be accompanied by <br />such supporting documentation as is required by the Contract <br />Documents. <br />1.4. Asbestos —Any material that contains more than one <br />percent asbestos and is friable or is releasing asbestos fibers <br />into the air above current action levels established by the <br />United States Occupational Safety and Health Administration. <br />1.5. Bid —The offer or proposal of the bidder submitted on <br />the prescribed form setting forth the prices for the Work to be <br />performed. <br />1.6. Bidding Documents —The advertisement or invitation <br />to Bid, instructions to bidders, the Bid form, and the proposed <br />Contract Documents (including all Addenda issued prior to <br />receipt of Bids). <br />1.7. Bidding Requirements —The advertisement or invita- <br />tion to Bid, instructions to bidders, and the Bid form. <br />1.8. Bonds— Performance and Payment bonds and other <br />instruments of security. <br />1.9. Change Order —A document recommended by ENGI- <br />NEER, which is signed by CONTRACTOR and OWNER and <br />authorizes an addition, deletion or revision in the Work, or an <br />adjustment in the Contract Price or the Contract Times, issued <br />on or after the Effective Date of the Agreement. <br />1.10. Contract Documents —The Agreement, Addenda <br />(which pertain to the Contract Documents), CONTRACTOR's <br />Bid (including documentation accompanying the Bid and any <br />post Bid documentation submitted prior to the Notice of <br />Award) when attached as an exhibit to the Agreement, the <br />Notice to Proceed, the Bonds, these General Conditions, the <br />Supplementary Conditions, the Specifications and the Draw- <br />ings as the same are more specifically identified in the Agree- <br />13 <br />ment, together with all Written Amendments, Change Orders, <br />Work Change Directives, Field Orders and ENGINEER's <br />written interpretations and clarifications issued pursuant to <br />paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date <br />of the Agreement. Shop Drawing submittals approved pursu- <br />ant to paragraphs 6.26 and 6.27 and the reports and drawings <br />referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract <br />Documents. <br />1.11. Contract Price —The moneys payable by OWNER to <br />CONTRACTOR for completion of the Work in accordance <br />with the Contract Documents as stated in the Agreement <br />(subject to the provisions of paragraph 11.9.1 in the case of <br />Unit Price Work). <br />1.12. Contract Times —The numbers of days or the dates <br />stated in the Agreement: (i) to achieve Substantial Completion, <br />and (ii) to complete the Work so that it is ready for final <br />payment as evidenced by ENGINEER's written recommenda- <br />tion of final payment in accordance with paragraph 14.13. <br />1.13. CONTRACTOR —The person, firm or corporation <br />with whom OWNER has entered into the Agreement. <br />1.14. defective —An adjective which when modifying the <br />word Work refers to Work that is unsatisfactory, faulty or <br />deficient, in that it does not conform to the Contract Docu- <br />ments, or does not meet the requirements of any inspection, <br />reference standard, test or approval referred to in the <br />Contract Documents, or has been damaged prior to ENGI- <br />NEER's recommendation of final payment (unless responsi- <br />bilityfor the protection thereof has been assumed by OWNER <br />at Substantial Completion in accordance with paragraph 14.8 <br />or 14.10). <br />1.15. Drawings —The drawings which show the scope, <br />extent and character of the Work to be furnished and per- <br />formed by CONTRACTOR and which have been prepared or <br />approved by ENGINEER and are referred to in the Contract <br />Documents. Shop drawings are not Drawings as so defined. <br />1.16. Effective Date of the Agreement —The date indicated <br />in the Agreement on which it becomes effective, but if no such <br />date is indicated it means the date on which the Agreement is <br />signed and delivered by the last of the two parties to sign and <br />deliver. <br />1.17. ENGINEER —The person, firm or corporation named <br />as such in the Agreement. <br />1.18. ENGINEER's Consultant —A person, firm or corpo- <br />ration having a contract with ENGINEER to furnish services <br />as ENGINEER's independent professional associate or con- <br />sultant with respect to the Project and who is identified as such <br />in the Supplementary Conditions. <br />1.19. Field Order —A written order issued by ENGINEER <br />which orders minor changes in the Work in accordance with <br />paragraph 9.5 but which does not involve a change in the <br />Contract Price or the Contract Times. <br />
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