Renovation of an educational facility in Elizabethtown, Kentucky. Completed plans call for the renovation of a educational facility.

Wherever used in these General Conditions or in other Contract Documents, the following terms have the meaning indicated which are applicable to both the singular and plural thereof: '1.1 Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. An Addenda supersedes related provisions of the Contract Documents which are clarified, corrected or changed by the addenda. '1.2 Agency or Using Agency is the state government entity which utilizes the Work being contracted. The agency is a "client" of the Owner and advises the Owner of the needs, requirements and desires of the Agency related to the project. The Owner consults with the Agency on matter related to the Project. The Agency does not possess the legal authority of the Owner. '1.3 Architect, Engineer, or Consultant ("A/E" or "AE") is the person or entity identified either architect, engineer, or consultant in the Contract Documents; on the drawings; or any replacement architect, engineer, or consultant identified by the Owner. The A/E is a separate contractor and is an agent of the Owner. The term includes any associates or consultants employed by the A/E to assist in providing the A/E services. '1.4 Beneficial Occupancy: The condition concurrent to or different from the time of Substantial Completion (but always prior to Final Completion) of the Project at which time the Project, or portion thereof, is sufficiently complete, systems operational, and necessary approvals and certificates are received such that the Owner could occupy and utilize the space for its intended use, even though certain requirements for Substantial Completion have not been completed (i.e. Operations and Maintenance Manuals, Owner systems training, etc). Note that guarantees and warranties applicable to the work begin on the date of Substantial Completion of Project, whether or not the Owner assumes Beneficial Occupancy concurrently or at a different time, unless otherwise specified in the Supplemental General Conditions or by separate agreement. '1.5 Certification of Payment is the Owner's Progress Payment Forms, DOA-24 and DOA-25. All Payments made to the Construction Manager/ General Contractor under this contract shall be on the appropriate Owner's Progress Payment Form. '1.6 Change Order means a written order to the Construction Manager/ General Contractor executed by the Owner and the Architect after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the Contract Completion Time, or any combination thereof. There shall be no authorized changes in the Work which affect either Contract Price or Contract Completion Time without a fully executed Change Order The Construction Manager/ General Contractor's Construction Services fee is not adjusted by Change Orders to the work. The sum of all overhead and profit charged by Trade Contractors and subcontractors shall not exceed ten percent (10%) of the amount of the cost of the work. '1.7 Contract is the legal relationship, duties and obligations between the Owner and Construction Manager/ General Contractor as evidenced by the Contract Documents for the Project. '1.8 Contract Completion Time is the number of calendar days between the Date of Commencement and the dates set for Substantial Completion and Final Completion of the Work, including any adjustments thereto, all as established in the Contract between Owner and Construction Manager/ General Contractor. '1.9 Contract Documents include the Invitation for Bids, the Instructions to Bidders, the Payment and Performance Bonds, the General Conditions, the Special or Supplemental Conditions, the drawings, specifications, solicitation addenda, the Construction Manager/ General Contractor's response to the solicitation, any written clarification of the response, the award document containing the Agreement between Owner and Construction Manager/ General Contractor, and modifications issued after execution of the Contract. Modifications include (1) Change Orders issued as provided in Article 14, and (2) Field Orders or Architect Supplemental Instructions (ASI's) for minor changes in the work issued by the Architect as provided in Article 14. Documents not included or expressly contemplated in this Paragraph, 1.7, do not, and shall not, form any part of the Contract between the Owner and the Construction Manager/ General Contractor. '1.10 Contract Sum means the sum stated in the Contract including any authorized adjustments thereto and is the total amount payable by the Owner to the Construction Manager/ General Contractor for the performance of the Work under the Contract Documents which is the sum amount of all Trade Contractor bids solicited by the Construction Manager/ General Contractor plus the CM/GC Pre-Construction Services Fee and Construction Services Fee. '1.11 Construction Manager/ General Contractor (CM/GC) means the person or entity with whom the Owner has executed the Contract for construction of this Project. The terms Construction Manager/ General Contractor and Contractor may also mean any Trade Contractor or Subcontractor working under contract with the Construction Manager/ General Contractor for this Project since they are bound by the same terms and conditions as the Contractor Manager/ General Contractor. However, the requirements of any Trade Contractor or subcontractor is through the Construction Manager/ General Contractor. '1.12 Damages for untimely performance means a calculated monetary amount to be paid to the Owner, based on real costs which the Commonwealth incurs, due to the Construction Manager/ General Contractor's failure to complete the Work within the allowable time identified in the Contract Documents. This term may also be referred to as "Liquidated Damages" where the actual cost of damages for untimely performance cannot be readily calculated and a definite sum is predetermined to be paid to the Owner. The amount of Liquidated Damages shall be defined in the Special Conditions of this Project. '1.13 Date of Commencement is the date specified in the Contract as the date upon which the Construction Manager/ General Contractor is authorized to begin work. The Contract Completion Time as set forth in paragraph 1.8 is determined using this Date of Commencement as the starting date. '1.14 DECA Project Manager means the person or persons delegated authority to act on behalf of the Owner. Such person or persons is/are employed by the Owner, DECA's Project Manager(s) will be designated at the Pre-Construction Meeting. DECA reserves the right to change its designated Project Manager(s) at any stage of the Work, for the sole purpose or benefit of the Commonwealth.