|
Contractor or with any Subcontractor to
<br />furnish materials or equipment to be
<br />incorporated in the Work by Contractor
<br />or any Subcontractor.
<br />49. Underground Facilities — All
<br />underground pipelines, conduits, ducts,
<br />cables, wires, manholes, vaults, tanks,
<br />tunnels, or other such facilities or
<br />attachments, and any encasements
<br />containing such facilities, including those
<br />that convey electricity, gases, steam,
<br />liquid petroleum products, telephone or
<br />other communications, cable television,
<br />water, wastewater, storm water, other
<br />liquids or chemicals, or traffic or other
<br />control systems.
<br />50. Unit Price Work — Work to be paid for
<br />on the basis of unit prices.
<br />51. Work The entire construction or the
<br />various separately identifiable parts
<br />thereof required to be provided under the
<br />Contract Documents. Work includes and
<br />is the result of performing or providing
<br />all labor, services, and documentation
<br />necessary to produce such construction,
<br />and furnishing, installing, and
<br />incorporating all materials and equipment
<br />into such construction, all as required by
<br />the Contract Documents.
<br />52. Work Change Directive — A written
<br />statement to Contractor issued on or after
<br />the Effective Date of the Agreement and
<br />signed by Owner and recommended by
<br />Engineer ordering an addition, deletion,
<br />or revision in the Work, or responding to
<br />differing or unforeseen subsurface or
<br />physical conditions under which the
<br />Work is to be performed or to
<br />emergencies. A Work Change Directive
<br />will not change the Contract Price or the
<br />Contract Times but is evidence that the
<br />parties expect that the change ordered or
<br />documented by a Work Change Directive
<br />will be incorporated in a subsequently
<br />issued Change Order following
<br />negotiations by the parties as to its effect,
<br />if any, on the Contract Price or Contract
<br />Times.
<br />1.02 Terminology
<br />A. The following words or terms are not defined
<br />but, when used in the Bidding Requirements
<br />or Contract Documents, have the following
<br />meaning.
<br />B. Intent of Certain Terms or Adjectives
<br />1. The Contract Documents include the
<br />terms "as allowed," "as approved," "as
<br />ordered", "as directed" or terms of like
<br />effect or import to authorize an exercise
<br />of professional judgment by Engineer. In
<br />addition, the adjectives "reasonable,"
<br />"suitable," "acceptable," "proper,"
<br />"satisfactory," or adjectives of like effect
<br />or import are used to describe an action
<br />or determination of Engineer as to the
<br />Work. It is intended that such exercise of
<br />professional judgment, action or
<br />determination will be solely to evaluate,
<br />in general, the Work for compliance with
<br />the requirements of and information in
<br />the Contract Documents and
<br />conformance with the design concept of
<br />the completed Project as a functioning
<br />whole as shown or indicated in the
<br />Contract Documents (unless there is a
<br />specific statement indicating otherwise).
<br />The use of any such term or adjective is
<br />not intended to and shall not be effective
<br />to assign to Engineer any duty or
<br />authority to supervise or direct the
<br />performance of the Work or any duty or
<br />authority to undertake responsibility
<br />contrary to the provisions of Paragraph
<br />9.09 or any other provision of the
<br />Contract Documents.
<br />C. Day
<br />1.
<br />The word "day" means a calendar day of
<br />24 hours measured from midnight to the
<br />next midnight.
<br />D. Defective
<br />1. The word "defective," when modifying
<br />the word "Work," refers to Work that is
<br />unsatisfactory, faulty, or deficient in that
<br />it:
<br />a. does not conform to the Contract
<br />Documents, or
<br />Standard General Conditions
<br />00 72 00-4
<br />
|