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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> transfer of warranties. (This definition replaces the definition in WSDOT 1-01.3 for <br /> Completion Date.) <br /> Contract: Written agreement signed between the Owner and Contractor and includes <br /> Division C — CONTRACT, Division P — PROPOSAL, Division B — BID ITEM <br /> DESCRIPTIONS, Special Provisions, Contract Plans, Standard Specifications and <br /> amendments, Standard Plans in effect as of the date Bids are opened, Addenda, <br /> supplemental agreements, change orders, certifications and affidavits required by this <br /> Contract and by law, and Federal requirements that apply to this Contract and Project. <br /> 1 (This definition replaces the definition in WSDOT 1-01.3 for Contract.) <br /> Contract Bond(s): Include a separate performance bond and payment bond, as set <br /> forth in the Contract Documents. (This definition supplements the definition in WSDOT <br /> 1-01.3 for Contract Bond.) <br /> Contract Claim: Any request by the Contractor for additional time or money resulting in <br /> adjustment of Contract Sum or Contract Time irrespective of the cause or reason for the <br /> request. Contract Claims include, but are not limited to, requests by the Contractor for <br /> additional time or money due to Extra Work, inefficiencies, Delays, interferences, and <br /> problems with the design. Contract Claim includes, but is not limited to, claims or <br /> requests by Subcontractors for extensions of Contract Time, adjustment of Contract <br /> Sum, additional compensation that the Contractor attempts to pass through or assert <br /> against the City, or claims against the City arising out of a third party's claim against the <br /> Contractor. <br /> Contract Documents: See definition for "Contract." <br /> Contract Time: The period of time established by the terms and conditions of the <br /> Contract within which the Work must be physically completed. <br /> Contract Execution Date: The date the City of Everett officially binds the Contractor to <br /> the Contract. <br /> Contract Sum: The price in dollars stated in the Contract to be paid by the City to the <br /> Contractor for the Work described in the Contract Documents, as modified by Change <br /> Orders. <br /> Delay: Any increase in the duration of the critical path of the Project. <br /> Dispute:Any controversy or disagreement. <br /> Engineer: The City's representative who administers the construction program for the <br /> City. Provisions in the Contract Documents that state the Engineer "shall" or "will" shall <br /> be deemed to mean that the Engineer shall or will take such action if requested in writing <br /> by the Contractor. (This definition replaces the definition in WSDOT 1-01.3 for Engineer.) <br /> Equipment: Mechanical, electrical, instrumentation, or other devices with one or more <br /> moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic <br /> connection. <br /> Extended Overhead: The increase in Overhead costs attributable to an extension of <br /> Contract Time. <br /> Extra Work: Providing materials and Equipment and the performance of Work not <br /> directly called for in, or implied by, the Contract Documents, such that Contractor would <br /> be entitled to an adjustment of Contract Sum and possibly an extension of Contract <br /> Time. <br /> Final Acceptance: Formal action by Everett City Council determining that all of the <br /> Contractor's Work has been completed, except for any landscaping maintenance. <br /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP-59 <br />