Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.
Agreement - The written Agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment - The form prescribed or approved by OWNER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include an approved schedule of values and/or such other supporting documentation as is required by the Contract Documents.
Architect or Architect/ENGINEER - The person or other entity designated as ENGINEER by the Contract Documents
Bid Documents - Documents required to be submitted with the bid.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
Bidder - The person, firm or corporation submitting a bid for the advertised work.
Bonds - Bid, Performance, Payment and Maintenance Bonds and other instruments of suretyship. The term shall include letters of credit as applicable.
Bridge - A structure, including supports, erected over a depression or an obstruction such as water, highway, or a railway having a track or passageway for carrying traffic or other moving loads, and having a length measured along the center of the roadway of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes.
(a) Length. The length of a bridge structure is the overall length measured along the line of survey stationing back to back of backwalls of abutments, if present, otherwise end to end of the bridge floor, but in no case less than the total clear opening of the structure.
(b) Roadway Width. The clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or, in the case of multiple height of curbs, between the bottoms of the lower risers.
Calendar Day - Every day shown on the calendar.
Change Order - A document issued on or after the Effective Date of the Agreement, signed by CONTRACTOR and OWNER and which authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time.
City's Standards and Specifications
1. Indianapolis Department of Capital Asset Management Quality Control Sampling and Testing Frequency Manual - April 13, 1994.
2. Indianapolis Department of Capital Asset Management for Construction of Stormwater Drainage Improvements Chapters 400 and 500 - April 6, 1994.
3 .Indianapolis Department of Capital Asset Management Supplemental Specifications for Traffic Signal Materials, Equipment and Installation - July 15, 1996.
4. Indianapolis Sanitary District Standards for the Design and Construction of Sanitary Sewers - May 1989.
Construction Limits - The line shown on the plans beyond which no Work is intended to be performed and no disturbance of existing terrain will be permitted unless authorized by the OWNER.
Contract Documents - The Agreement and any exhibits thereto, Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Amendments, Modifications, and Supplements issued pursuant to Sections 3.4 and 3.5 on or after the Effective Date of the Agreement.
Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement.
Contract Time - The number of days (computed as provided in Section 16.2) or the date stated in the Agreement for the completion of the Work.
CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement.
Culvert - A structure not classified as a bridge which provides an opening under the roadway.
Defective - An adjective which when modifying the word Work refers to Work that is (i) unsatisfactory, faulty or deficient, in that it does not strictly conform to the requirements of the Contract Documents, (ii) does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or (iii) has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with Sections 13.10 or 13.12).
Department - Agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term shall also include the Project Manager or other duly appointed representative of such agency or department, but shall not include ENGINEER.
Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
ENGINEER - The person, firm or corporation named, employed or designated as such by the OWNER to act as such and designated to observe the Work, acting directly or through duly authorized representatives.
Equipment - All machinery and equipment together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of the Work.
Field Order - A written order issued by ENGINEER or OWNER which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time.
Final Completion - The completion of all Work required by the Contract Documents, including all punch list items and the delivery of all closeout documents to OWNER.
Furnish - Purchase and deliver to the work site. When used in connection with the terms "Work" or services, the term shall also mean perform.
General Conditions - City of Indianapolis Standard General Conditions for Construction Contracts, August, 1999.
Install - Incorporate into the Work equipment and materials furnished by others or the CONTRACTOR.
Laws and/or Regulations - Laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit.
Major and Minor Pay Items - All pay items having an original contract value in excess of 5% of the original contract amount shall be considered as major items. Minor contract items shall be all items shown in the Itemized Proposal and Declarations which constitutes 5% or less of the original contract amount.
Materials - All substances specified for use in the construction of the Work.
Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligation under the Contract Documents.
Open to Unrestricted Traffic - the condition that exists when all pavement Work is completed, including surface courses and shoulder. All safety features including guardrail and signs are in place and pavement markings are in final marking pattern.
OWNER - The City of Indianapolis, Indiana, acting by and through the agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term shall also include the Project Manager or other duly appointed representative of such agency or department but shall not include ENGINEER.
Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work.
Pavement Structure - The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
Pay item - A specifically described unit of work for which a price is provided in the Agreement.
Plans - The approved plans, profiles, typical cross sections, standard drawings, working drawings, and supplemental drawings or exact reproductions thereof which show the locations, character, dimensions, and details of the Work.
Professional Engineer - A person duly licensed by the Indiana Professional Licensing Agency to practice engineering in Indiana.
Profile Grade - The trace of a vertical plane intersecting the top surface of the proposed waring surface, usually along the longitudinal centerline of the roadbed. Profile Grade means either elevation or gradient of such trace according to context.
Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents.
Provide - Furnish and install.
Reasonably Close Conformance - Conformance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformance means conformance with such working tolerances. Without detracting from the discretion of the Engineer to insist on such tolerances as establishing reasonably close conformance, variations beyond such tolerances may be accepted as reasonably close conformance where they will not materially affect the value or utility of the work and the interest of OWNER.
Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof.
Road - A general term denoting a public way for purpose of vehicular travel, including the entire area within the public right-of-way.
Roadbed - The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.
Roadside - A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.
Roadside Development - That work necessary to the complete highway which provides for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching, and the placing of other ground covers; and such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.
Roadway - The portion of a highway within limits of construction.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR, to illustrate some portion of the Work and all illustrations, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Shoulder - The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
Special Conditions - Portions of the Contract Documents which specify changes to the General Conditions.
Specifications - Those portions of the Contract Documents consisting of written general or technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including the performance thereof, and certain administrative details applicable thereto.
Street - A general term denoting a public right-of-way for the purposes of vehicular travel, including the entire area within the public right-of-way.
Structures - Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, end walls, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the Work and not otherwise classed herein.
Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.
Subgrade - The top surface of a roadbed upon which the pavement structure and shoulders are constructed.
Substantial Completion - The stage of construction where, in the opinion of OWNER, all items of the Work (or specified portion thereof) necessary to enable the asset to be utilized without significant restrictions for the purpose for which the asset was constructed have been completed.
All pay items shall be completed installed and all necessary testing as required by the Laws and Regulations and/or Contract Documents shall be completed. Substantial Completion may be evidenced by a certificate thereof issued by ENGINEER and signed by OWNER.
Substructure - All of that part of the structure below the bearings of simple and continuous spans, skewbacks or arches, and tops of footings of rigid frames together with backwalls, wingwalls, and wing protection railings.
Superintendent - The authorized representative of CONTRACTOR responsible for the Work.
Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor who furnishes materials or equipment to the site of the Work pursuant to a contract with the CONTRACTOR or a Subcontractor and who does not perform labor or services for installation thereof at the site of the Work.
Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Technical Specifications - Portion of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including performance thereof, and certain administrative details applicable thereto, and which may specify changes to the City's Standards and Specifications, the INDOT Standard Drawings,
the INDOT Supplemental Specifications, the INDOT Standard Specifications, Series 200 through 900, and which may contain specifications particular to the project.
Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other manmade facilities or structures, and any encasements containing such facilities, which have been installed at or below the surface of the ground for the purpose of furnishing, storing, removing or transmitting electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, computer signals or data, sewage, drainage , traffic or other control systems, or water.
Unforeseeable Abnormal and Unusually Severe Weather - The following chart shows the estimated number of days in each month, including Saturdays, Sundays, and Holidays, when CONTRACTOR will be unable to work on the controlling item as identified on OWNER accepted schedule:
| Month
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep |
Estimated No. of Days
6
12
15
18
18
18
18
8
5
5
4
5 |
Any days (per month) in excess of the days shown when CONTRACTOR is unable to work on the controlling operating due to weather conditions shall be deemed to be "unforeseeable abnormal and unusually severe weather conditions" as referenced in Section 11.4 of the General Conditions.
Unit Price Work - Work to be paid for on the basis of unit prices established by the Contract Documents or by Change Order.
Work - The entire construction, or the various separately identifiable parts thereof, and all other obligations, required to be furnished or performed under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.
Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER, making any change in the Work within the general scope of the Contract Documents, including but not limited to changes (i) in the Specifications (including drawings and designs), (ii) in the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Directive Change will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order.
Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents.
