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<br />11. Construction Contract--The entire and
<br />integrated written agreement between the OWNER and
<br />Contractor concerning the Work.
<br />
<br />no cost to OWNER, any Defective Work, normally
<br />one year after the date of Substantial Completion or
<br />such longer period of time as may be prescribed by
<br />Laws or Regulations or by the terms of any applicable
<br />special guarantee or specific provision of the Contract
<br />Documents.
<br />
<br />12. Construction Cost--The cost to OWNER of
<br />those portions of the entire Project designed or
<br />specified by ENGINEER. Construction Cost does not
<br />include costs of services of ENGINEER or other
<br />design professionals and consultants, cost of land,
<br />rights-of-way, or compensation for damages to
<br />properties, or OWNER's costs for legal, accounting,
<br />insurance counseling or auditing services, or interest
<br />and financing charges incurred in connection with the
<br />Project, or the cost of other services to be provided by
<br />others to OWNER pursuant to Exhibit B of this
<br />Agreement. Construction Cost is one of the items
<br />comprising Total Project Costs.
<br />
<br />18. Defective--An . adjective which, when
<br />modifying the word Work, refers to Work that is
<br />unsatisfactory, faulty, or deficient, in that it does not
<br />conform to the Contract Documents, or does not meet
<br />the requirements of any jnspection, reference standard,
<br />test, or approval referred to in the Contract Documents,
<br />or has been damaged prior to ENGINEER's
<br />recommendation of fmal payment.
<br />
<br />13. Contract Documents--Documents that
<br />establish the rights and obligations of the parties
<br />engaged in construction and include the Construction
<br />Agreement between OWNER and Contractor,
<br />Addenda (which pertain to the Contract Documents),
<br />Contractor's Bid (including documentation
<br />accompanying the Bid and any post-Bid
<br />documentation submitted prior to the notice of award)
<br />when attached as an exhibit to the Construction
<br />Agreement, the notice to proceed, the bonds,
<br />appropriate certifications, the General Conditions, the
<br />Supplementary Conditions, the Specifications and the
<br />Drawings as the same are more specifically identified
<br />in the Construction Agreement, together with all
<br />Written Amendments, Change Orders, Work Change
<br />Directives, Field Orders, and ENGINEER's written
<br />interpretations and clarifications issued on or after the
<br />Effective Date of the Construction Agreement.
<br />Approved Shop Drawings and the reports and
<br />drawings of subsurface and physical conditions are not
<br />Contract Documents.
<br />
<br />19. Documents--Data, reports, Drawings,
<br />Specifications, Record Drawings, and other
<br />deliverables, whether in printed or electronic media
<br />format, provided or furnished in appropriate phases by
<br />ENGINEER to OWNER pursuant to this Agreement.
<br />
<br />20. Drawings-- That part of the Contract
<br />Documents prepared or approved by ENGINEER
<br />which graphically shows the scope, extent, and
<br />character of the Work to be performed by Contractor.
<br />Shop Drawings are not Drawings as so defined.
<br />
<br />21. Effective Date of the Construction
<br />Agreement-- The date indicated in the Construction
<br />Agreement on which it becomes effective, but if no
<br />such date is indicated, it means the date on which the
<br />Construction Agreement is signed and delivered by the
<br />last of the two parties to sign and deliver.
<br />
<br />22. Effective Date of the Agreement-- The date
<br />indicated in this Agreement on which it becomes
<br />effective, but if no such date is indicated, it means the
<br />date on which the Agreement is signed and delivered
<br />by the last of the two parties to sign and deliver.
<br />
<br />14. Contract Price--The moneys payable by
<br />OWNER to Contractor for completion of the Work in
<br />accordance with the Contract Documents and as stated
<br />in the Construction Agreement.
<br />
<br />23. ENGINEER's Consultants--Individuals or
<br />entities having a contract with ENGINEER to furnish
<br />services with respect to this Project as ENGINEER's
<br />independent professional associates, consultants,
<br />subcontractors, or vendors. The term ENGINEER
<br />includes ENGINEER's Consultants.
<br />
<br />15. Contract Times--The numbers of days or the
<br />dates stated in the Construction Agreement to:
<br />(i) achieve Substantial Completion, and (ii) complete
<br />the Work so that it is ready for fmal payment as
<br />evidenced by ENGINEER's written recommendation
<br />of final payment.
<br />
<br />24. Field Order--A written order issued by
<br />ENGINEER which directs minor changes in the Work
<br />but which does not involve a change in the Contract
<br />Price or the Contract Times.
<br />
<br />16. Contractor--An individual or entity with
<br />whom OWNER enters into a Construction Agreement.
<br />
<br />25. General Conditions-That part of the Contract
<br />Documents which sets forth terms, conditions, and
<br />procedures that govem the Work to be performed or
<br />furnished by Contractor with respect to the Project.
<br />
<br />17. Co"ection Period-- The time after Substantial
<br />Completion during which Contractor must correct, at
<br />
<br />Standard Form of Agreement
<br />Between Owner and Engineer for Professional Services
<br />Page 9 of 12
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