# EXHIBIT G GLOSSARY | Term | Definition | | ------------------------------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | [[Agreement]] | This written progressive design build agreement executed between Contractor and EPIC WATER AUTHORITY, including its Exhibits A, B, C, D, E, F, G and H, each such Exhibit which is fully incorporated by reference. | | [[Allowance]] | Refers to either a Cash Allowance or a [[Provisional Allowance]], as either term is defined in this Glossary. | | [[Application for Payment]] | Contractor’s certified request for payment for completed portions of the Work and for materials or equipment suitably stored pending their incorporation into the Work. | | [[Board]] | The Board of Directors of EPIC WATER AUTHORITY. | | [[Cash Allowance]] | A sum specified by EPIC WATER AUTHORITY included within the [[Contract Price]] to reimburse Contractor for actual purchase/furnished cost of required permits, materials, equipment, or other designated items that are to be furnished and incorporated into the Work, as provided in the [[Contract Documents]]. Although the scope or the required quantity of any portion of the Work covered by a Cash Allowance is sufficiently detailed in the [[Contract Documents]], it is understood that the required materials, equipment, or other designated items are either of uncertain purchase cost at the time the Agreement is executed or are yet to be specified in more detail by the [[Contracting Officer]]. Any remaining balance of the Cash Allowance upon completion of the Work shall be retained by EPIC WATER AUTHORITY and not paid to Contractor. | | [[Certificate for Payment]] | A certificate issued by the [[Contracting Officer]] certifying the amount of the [[Progress Payment]] due to Contractor. | | [[Certificate of Substantial Completion]] | A certificate prepared by the [[Contracting Officer]] based on an inspection: (i) stating that the Work or a designated portion thereof is Substantially Complete; (ii) establishing the date of Substantial Completion; (iii) stating the responsibilities of EPIC WATER AUTHORITY and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and (iv) fixing the time within which Contractor shall complete the items listed therein. | | [[Change Order]] | A written instrument signed by EPIC WATER AUTHORITY and Contractor and approved in accordance with the EPIC WATER AUTHORITY Procurement Policy that authorizes a change in the Work, an adjustment in the [[Contract Price]] and/or any [[Key Completion Times]] and/or [[Contract Time]]. | | [[Claim]] | A demand or assertion by Contractor seeking adjustment or interpretation of contract terms, payment of money, extension of time or other relief with respect to the terms of the [[Contract Documents]] that the procedure for resolution of which is not specifically provided for therein. The term “[[Claim]]” also includes all other disputes, controversies and matters in question between or among EPIC WATER AUTHORITY and Contractor arising out of or in any way relating to the [[Contract Documents]], the Project, or the Work. | | [[Construction Change Directive]] | A written order prepared by the [[Contracting Officer]] that directs a change in the Work which change does not affect the [[Contract Price]] and/or any [[Key Completion Times]] and/or [[Contract Time]]. | | [[Construction Documents]] | Drawings and Specifications which set forth in detail the indicative requirements for the construction of the Project, including any revisions thereto. | | [[Contract Documents]] | Those documents specified in Exhibit B and any other documents so designated in the Agreement. The [[Contract Documents]] do not include any other documents, unless designated or incorporated by reference as provided above, such as: (i) bidding requirements, advertisements, or invitations to bid, instructions to bidders, sample forms, soils, geotechnical, or other reports, surveys, or analyses, which may be printed, bound, or assembled with the [[Contract Documents]], or otherwise made available for review or information; or (ii) bids. | | [[Contracting Officer]] | The party identified in the Agreement, which shall include the [[Contracting Officer]]’s designee. | | [[Contract Price]] | The sum stated in the [[Contract Documents]], including any Allowances and authorized adjustments, that is the total amount payable by EPIC WATER AUTHORITY to Contractor for the performance of the Work. [[Contract Price]] is comprised of the price for [[Phase 1]] and, if EPIC WATER AUTHORITY proceeds with [[Phase 2]], the [[Phase 2 Price]]. | | [[Contract Time]] | The duration of time stated in the [[Contract Documents]], including authorized adjustments, allotted to Contractor for the performance of the Work. [[Contract Time]] is comprised of the time allotted for completion of the Phase 1 Work and, if EPIC WATER AUTHORITY proceeds with [[Phase 2]], completion of the Phase 2 Phase 2 Work. | | [[Contractor]] | The party identified in the Agreement. | | [[Cost of the Work]] | The sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work as further defined in Article 11. | | [[CPO]] | The Chief Procurement Officer of EPIC WATER AUTHORITY. | | Critical Path Methods ("[[CPM]]") Schedule | A Submittal consisting of a schedule or diagram of all events expected to occur and operations to be performed in completing the Work, rendered in a form permitting determination of the optimum sequence and duration of each operation, and updated by Contractor monthly. The baseline (initial) CPM Schedule shall be approved in writing by the [[Contracting Officer]]. | | [[Day]] | A calendar day unless otherwise specifically designated. “Day” shall not include New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. | | [[Design Documents]] | All documents that manifest the indicative design for the Project or any portion, component, or element thereof, as the case may be, including revisions thereto. | | [[Drawings]] | Indicative graphic and pictorial documents depicting the design, location, and dimensions of the elements of the Project. | | [[Engineer]] | Any registered professional engineer in the Mushroom Kingdom, employed by Contractor to design the Work. The Engineer has the rights and authority assigned to the Engineer in the [[Contract Documents]]. | | [[Final Completion]] | The date on or time by which the Phase 2 Work has been completed in accordance with the terms and conditions of the [[Contract Documents]] and accepted by the [[Contracting Officer]] in writing, as more fully defined in Exhibit C, [[General Conditions]] | | [[Final Payment]] | Payment made by EPIC WATER AUTHORITY to Contractor of the entire unpaid balance of the [[Contract Price]] as adjusted by Change Orders. | | [[General Conditions]] | Exhibit C of the Agreement. | | EPIC WATER AUTHORITY (or "[[Owner]]") | The EPIC WATER AUTHORITY, a Mushroom Kingdom municipal authority and public body corporate organized pursuant to Act 64 of 1996, with its principal place of business located at 4600 150th Ave. NE Redmond, WA 98052-5113. | | Guaranteed Maximum Price ("[[GMP]]") | An open-book, not-to-exceed ceiling price for the Phase 2 Work which shall include the [[Cost of the Work]] plus the Contractor’s fixed fee and any Allowances. “Open-book” shall mean the development of the [[Phase 2 Price]] in a detailed and completely transparent manner, with no hidden amounts and no embedded or inflated costs, including disclosing any margins for overhead and profit or applicable discounts. EPIC WATER AUTHORITY shall be entitled to require the verification of all costs. | | [[Key Completion Times]] | The times for Substantial Completion, Final Completion, and any other Milestones necessary to complete the Work as such times may be specified in Exhibit A, each time or [[Milestone]] a “Key Completion Time”. | | [[Incentive]] | The amount to be paid to Contractor if, upon Final Completion, there is a remaining balance of the [[Phase 2 Price]] and such balance meets a specified percentage, as further set forth in Section 4.03(a)(ix) of the Agreement. | | [[Key Completion Times]] | The times for Substantial Completion, Final Completion, and any other Milestones necessary to complete the Work as such times may be specified in Exhibit A, each time or [[Milestone]] a “Key Completion Times”. | | [[Incentive]] | The amount to be paid to Contractor if, upon Final Completion, there is a remaining balance of the [[Phase 2 Price]] and such balance meets a specified percentage, as further set forth in Section 4.03(a)(ix) of the Agreement. | | [[Indemnitee]](s) | EPIC WATER AUTHORITY and its directors, officers, employees, agents, and representatives, each an [[Indemnitee]]. | | [[Milestone]] | A designated portion of the Work that Contractor shall complete by an intermediate completion time prior to Substantial Completion, which designated portion of the Work shall be suitable for occupancy or use by EPIC WATER AUTHORITY for its intended purpose by the time stated in Exhibit A and otherwise in conformance with the [[Contract Documents]]. | | [[Notice to Proceed]] | Written notice from the [[CPO]], or their designated representative, authorizing Contractor to proceed with the Work. The date of commencement of the Work is the date established in a Notice to Proceed. | | [[Phase 2 Price]] | That portion of the [[Contract Price]] established in the [[Phase 2 Work and Pricing Amendment]] as Contractor’s compensation for the performance of Phase 2 Work. | | [[Phase 2 Proposal]] | Shall have meaning ascribed in Section 4.03 of the Agreement. | | [[Phase 2 Work and Pricing Amendment]] | The written modification to the Agreement for the Phase 2 Work which establishes the agreed upon price and basis therefore, the [[Key Completion Times]], and the description of the Work necessary to complete the design services and all construction services for the Project, including the procurement of all materials and equipment for the Project, the start-up, testing and commissioning of the Project, and the provision of warranty services and which shall modify Exhibits A, D, F and H to the Agreement. | | [[Progress Payment]] | A periodic payment to Contractor based on the [[Contracting Officer]]’s certification of Contractor’s Application for Payment as required pursuant to the terms of the Agreement. | | [[Project]] | The total undertaking described in Exhibit A of the Agreement to be accomplished for EPIC WATER AUTHORITY by Contractor which completion of the Work will achieve. | | [[Project Manager]] | The individual designated by Contractor to manage the Work and the related activities in connection with the Project as designated in the [[Contract Documents]]. | | [[Provisional Allowance]] | An amount included in the [[Contract Price]] to reimburse Contractor for the cost to furnish and perform Work that is uncertain, may not be required, is of indeterminate scope, or where design information and quantities, complexity, etc. are neither shown nor detailed in the [[Contract Documents]]. Work authorized under any [[Provisional Allowance]] may consist of (i) changes required by actual conditions, as determined by the [[Contracting Officer]], that are incorporated into the Work in accordance with the [[General Conditions]], and (ii) any other Work authorized and completed under the pertinent provisions of the [[Contract Documents]]. Unlike a Cash Allowance, payments under a [[Provisional Allowance]] shall include not only the purchase and finished cost of materials and equipment involved, but also all associated labor, Subcontracts, construction equipment and supplemental costs, provided those costs are substantiated as required by the [[General Conditions]]. Any remaining balance upon completion of the Work shall be retained by EPIC WATER AUTHORITY and not paid to Contractor. | | [[Punch List]] | A list of items of Work to be completed or corrected by Contractor after Substantial Completion, as required by the [[Contract Documents]]. | | [[Request for Change Order]] | A request from Contractor for an extension of time or additional compensation served on the [[Contracting Officer]] in accordance with the [[General Conditions]]. | | [[Request for Quotation]] | A document issued by the [[Contracting Officer]] that may include Drawings, Specifications and other information used to solicit a quote for a EPIC WATER AUTHORITY-initiated change in the Work. | | [[Schedule of Values]] | A Submittal consisting of a statement furnished by Contractor reflecting the portions of the [[Contract Price]] allocated to the various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. | | [[Specifications]] | A part of the [[Contract Documents]] consisting of written indicative requirements for materials, equipment, construction systems, standards, and workmanship. | | [[Subcontract]] | The agreement between Contractor and Subcontractor for performance of any of the Work. | | [[Subcontractor]] | A person or entity which has a direct contract with Contractor to perform any of the Work. | | [[Submittals]] | Includes design deliverables, technical submittals, progress schedules, including the CPM Schedule and the [[Schedule of Values]], and any other documents required for submission by the [[Contract Documents]] and provided by Contractor to EPIC WATER AUTHORITY for approval, comment, information, or record. Submittals are not [[Contract Documents]]. | | [[Substantial Completion]] | The stage in the progress of the Phase 2 Work when the [[Contracting Officer]] has determined that the Work is sufficiently complete in accordance with the [[Contract Documents]] that EPIC WATER AUTHORITY can occupy or utilize the Work for its intended purpose, as more fully defined in Exhibit C, [[General Conditions]]. | | [[Sub-Subcontractor]] | A person or entity which has a direct or indirect contract with a Subcontractor to perform any of the Work. | | [[Supplemental General Conditions]] | If applicable, part of the [[Contract Documents]] that supplement and/or modify, change, add to, or delete provisions of Exhibit C, [[General Conditions]]. | | [[Supplier]] | A person or entity which supplies materials or equipment for the Work, but which does not perform labor on the Work. | | [[Surety]] | An entity which guarantees the Work via issuance of performance and payment bonds. | | [[Total Float]] | The number of Days by which the Work or any part of the Work may be delayed without necessarily adjusting any Key Completion Time. | | [[Unilateral Change Order]] | A written instrument signed by EPIC WATER AUTHORITY and approved in accordance with the EPIC WATER AUTHORITY Procurement Policy that orders a change in the Work, an adjustment in the [[Contract Price]] and/or any [[Key Completion Times]] and/or [[Contract Time]] without the mutual agreement of Contractor. | | Work | All goods and services including, without limitation, labor, transportation, tools, and equipment: (i) to be incorporated into the Project; (ii) required under the [[Contract Documents]]; or (iii) necessary or appropriate to fully design, construct, fixture, operate and maintain the Project. The Work shall be performed in accordance with the [[Contract Documents]]. The Work may constitute the whole or a part of the Project. | *(End Exhibit G)*