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GENERAL CONDITIONS OF AGREEMENT
<br />1. DEFINITIONS OF TERMS
<br />1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and
<br />the ENGINEER are those persons or organizations identified as such in the Agreement and are
<br />referred to throughout the Contract Documents as if singular in number and masculine in gender.
<br />The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI-
<br />NEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the
<br />Contract Documents shall create any contractual or agency relationship between the ENGINEER
<br />and the CONTRACTOR.
<br />1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
<br />Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed
<br />Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
<br />General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof
<br />incorporated in any of the documents before the execution of the agreement.
<br />The Contract Documents are complementary, and what is called for by any one shall be as
<br />binding as if called for by all. In case of conflict between any of the Contract Documents, priority
<br />of interpretation shall be in the following order: Signed Agreement, Performance and Payment
<br />Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,
<br />Technical Specifications, Plans, and General Conditions of Agreement.
<br />1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only
<br />those having a direct contract with the CONTRACTOR and it includes one who furnishes material
<br />worked to a special design according to the plans or specifications of this work, but does not
<br />include one who merely furnishes material not so worked.
<br />1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if
<br />delivered in person to the individual or to a member of the firm or to an officer of the corporation
<br />for whom it is intended, or if delivered at or sent by registered mail to the last business address
<br />known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin-
<br />ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel,
<br />transportation and other facilities necessary for the execution and completion of the work covered
<br />by the contract documents. Unless otherwise specified, all materials shall be new and both
<br />workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required,
<br />furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
<br />in words which so applied have a well known technical or trade meaning shall be held to refer to
<br />such recognized standards.
<br />1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood
<br />to mean and include all work that may be required by the ENGINEER or OWNER to be done by
<br />the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the
<br />plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S
<br />Proposal, exCept as provided under "Changes and Alterations", herein.
<br />1.07 WORKING DAY. A"Working Day" is defined as any day not including Saturdays,
<br />Sundays or any legal holidays, in which weather or other conditions, not under the control of
<br />the CONTRACTOR, will permit construction of the principal units of the work for a period of
<br />not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
<br />1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being
<br />excepted.
<br />1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant
<br />that the structure has been made suitable for use or occupancy or the facility is in condition to
<br />serve its intended purpose, but still may require minor miscellaneous work and adjustment.
<br />G_1 Qc by Texu Section, ASCE 1971
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