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1. Acceptance: The written acceptance by the Department of the Work.
2. acceptance testing: Testing conducted by the Department to measure the de-
gree of compliance to the Contract
3. actual cost: The computed cost using calculations provided
4. addendum: A Contract revision or response to a Contractor inquiry issued after
advertisement and before the opening of bids.
5. as-built quantity: The quantity of a completed Item eligible for payment
6. authorized funding amount: The amount of funds authorized by the Department
for the Contract
7. Bidder: The individual, firm, partnership, corporation, joint venture, or any accept-
able combination thereof that submits a bid to the Department.
8. bridge: . A structure, other than a culvert, including supports, erected over a
depression or an obstruction, such as water, highway, or railway, and having a track
or passageway for carrying traffic or other moving loads and having a length 3 mea-
sured along the center of the structure of more than 20 feet between undercopings
of abutments or extreme ends of openings for multiple boxes. Structure dimensions
are defined as follows:
9. bridge length: The overall length measured along the line of survey stationing
from 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
10. bridge width: The clear width measured at right angles to the longitudinal
centerline of the bridge between the bottom of curbs, or in the case of multiple height
of curbs, between the bottoms of the lower risers or, if curbs are not used, between
inner faces of parapet or railing
11. Change Order.: A written order issued by the Department to the Contractor after
execution of the Contract authorizing one or more of the following: 1. Changes in the
Work. 2. Modifications in the basis of payment. 3. Modifications to Contract Time.
12. Commercially Useful Function: Occurrences in which the subcontractor is
responsible for the execution of a distinct element of the work of a contract and
carrying out its responsibilities by actually performing, managing, and supervising
the work involved, and with respect to materials and supplies used on the contract,
prepares the estimate, negotiates price, determines quality and quantity, orders the
material, arranges delivery, installs (where applicable), and pays for the material and
supplies itself for the project.
13. Completion: When all of the following have occurred: 1. The Work has been
satisfactorily completed in all respects according to the Contract. 2. The Project is
ready for use by the Department as required by the Contract. 3. The Contractor
has satisfactorily executed and delivered to the RE all documents, certificates, and
proofs of compliance required by the Contract including the Notice of Completion.
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, NICET LEVEL 1 HIGHWAY CONSTRUCTION
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14. construction operations: Physical work done in the performance of the Con-
tract within the Project Limits. Does not include off-site mobilization, procurement
and off-site storage of materials and plants, engineering, performance bond and
payment bond, surveys, working drawings, off-site field offices, schedules, certifi-
cates, forms, or documents
15. Contract: The written integrated agreement between the Department and the
Contractor setting forth the obligations of the parties, including, but not limited to, the
performance of the Work and the basis of payment. It includes the advertisement,
Proposal, Certification as to Publication and Notice of Advertisement for Proposal,
bid, Appointment of Agent by Nonresident Contractors, Resolution of Award of Con-
tract, Executed Form of Contract, performance and payment bonds, Specifications,
Plans, Right-of-Way Plans, permits, boring logs, pavement core records, addenda,
Change Orders, and Field Orders, all of which are to be treated as one instrument
whether or not set forth at length in the form of it.
16. Contract Time: The number of working days allowed to complete the work for a
milestone or the date by which work must be completed, as provided in the Contract
and as modified by Change Order.
17. Contractor: The individual, firm, partnership, corporation, joint venture, or any
acceptable combination thereof contracting with the Department for performance
of the Contract. For the purpose of carrying out the Contract, it also means the
Contractor's representative.
18. day.: Every day shown on the calendar
19. Department: The Department of Transportation of the State of New Jersey, as
created by law, acting through duly authorized representatives, such representatives
acting within the scope of the particular duties delegated to them.
20. Department Laboratory: The main testing laboratory of the Department at
930 Lower Ferry Road, P.O. Box 607 Trenton, New Jersey 08625, or such other
laboratory as the Department may designate
21. Discrimination.: That act (or action) whether intentional or unintentional,
through which a person in the United States, solely because of race, creed, color,
national origin, age, ancestry, nationality, sex (including pregnancy and sexual 4
harassment), marital status, domestic partnership or civil union status, affectional
or sexual orientation, gender identity or expression, atypical hereditary cellular or
blood trait, genetic information, liability for military service, or disability has been
otherwise subjected to unequal treatment.
22. Estimate: Progress payment made to the Contractor by the Department.
23. Extra Work: New Work and quantity adjustments to Items that are not the result
of as-built measurement or calculation.
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