1. Acceptance: The written acceptance by the Department of the Work.
2. acceptance testing: Testing conducted by the Department to measure the degree 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 acceptable 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
measured 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.
14 construction operations: Physical work done in the performance of the Contract 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, certificates, 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 Contract, Executed Form of Contract, performance and payment
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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.
24 Federal Aid Project: Any agreement or modification thereof between NJDOT and any applicant and a person for
construction work which is paid for in whole or in part with funds obtained from the Federal government or borrowed on the
credit of the Federal government pursuant to any program involving a grant, contract, loan, insurance or guarantee under which
the NJDOT itself participates in the construction work.
25. Federal Aid Project Attachments: Attachments to the Contract Special Provision document, used for Federal Aid
Projects.
26. Field Order: Written direction, signed by the RE, requiring action by the Contractor
27. Full Traffic Access: All work is complete to allow safe unencumbered use of the final paved portion of roadway
throughout the project including but not limited to striping, RPMs, rumble strips, highway lighting, and traffic signals as
determined by the RE.
28. highway, street, or road: A general term denoting a public way for purposes of vehicular travel, including the entire area
within the ROW (see Figure 101-1).
29. holiday: A legal holiday as defined by N.J.S.A. 36:1-1
30. inspector: The Department's authorized representative assigned to inspect the
Work for conformance to the Contract
31. Interim Completion: A milestone other than "Completion of Work," requiring completion by a specified date or within a
specified time.
32. Item: A specifically described portion of Work for which there is a unit or lump sum price.
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