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' GENERAL CONDITIONS ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY negotiations , representations , or agreements , whether written or oral . 1 . 01 Defined Terms 12 . Contract Documents--The Contract Documents ' establish the rights and obligations of the parties and include the A. Wherever used in the Contract Documents and Agreement, Addenda (which pertain to the Contract Docu- printed with initial or all capital letters , the terms listed below will ments ), CONTRACTOR's Bid ( including documentation have the meanings indicated which are applicable to both the accompanying the Bid and any post Bid documentation singular and plural thereof. submitted prior to the Notice of Award ) when attached as an exhibit to the Agreement, the Notice to Proceed , the Bonds , 1 . Addenda--Written or graphic instruments issued these General Conditions , the Supplementary Conditions , the ' prior to the opening of Bids which clarify, correct , or change the Specifications and the Drawings as the same are more Bidding Requirements or the Contract Documents . specifically identified in the Agreement , together with all Written Amendments , Change Orders , Work Change Directives , Field 2. Agreement--The written instrument which is Orders , and ENGINEER's written interpretations and ' evidence of the agreement between OWNER and clarifications issued on or after the Effective Date of the Agree- CONTRACTOR covering the Work . ment. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract 3. Application for Payment--The form acceptable to Documents . Only printed or hard copies of the items listed in ' ENGINEER which is to be used by CONTRACTOR during the this paragraph are Contract Documents . Files in electronic course of the Work in requesting progress or final payments and media format of text, data , graphics , and the like that may be which is to be accompanied by such supporting documentation furnished by OWNER to CONTRACTOR are not Contract as is required by the Contract Documents . Documents . 4 . Asbestos--Any material that contains more than 13 . Contract Price--The moneys payable by OWNER one percent asbestos and is friable or is releasing asbestos to CONTRACTOR for completion of the Work in accordance fibers into the air above current action levels established by the with the Contract Documents as stated in the Agreement ' United States Occupational Safety and Health Administration. (subject to the provisions of paragraph 11 . 03 in the case of Unit Price Work ). 5 . Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be 14 . Contract Times--The number of days or the dates ' performed. stated in the Agreement to: ( i) achieve Substantial Completion ; and ( ii ) complete the Work so that it is ready for final payment 6. Bidding Documents--The Bidding Requirements as evidenced by ENGINEER's written recommendation of final and the proposed Contract Documents ( including all Addenda payment. ' issued prior to receipt of Bids ). 15 . CONTRACTOR--The individual or entity with 7 . Bidding Requirements--The Advertisement or whom OWNER has entered into the Agreement. Invitation to Bid , Instructions to Bidders , Bid security form , if any, ' and the Bid form with any supplements . 16. Cost of the Work--See paragraph 11 . 01 .A for definition . 8 . Bonds--Performance and payment bonds and other instruments of security . 17. Drawings--That part of the Contract Documents ' prepared or approved by ENGINEER which graphically shows 9. Change Order--A document recommended by the scope , extent, and character of the Work to be performed by ENGINEER which is signed by CONTRACTOR and OWNER CONTRACTOR. Shop Drawings and other CONTRACTOR and authorizes an addition , deletion , or revision in the Work or submittals are not Drawings as so defined . ' an adjustment in the Contract Price or the Contract Times , issued on or after the Effective Date of the Agreement . 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if 10 . Claim--A demand or assertion by OWNER or no such date is indicated , it means the date on which the ' CONTRACTOR seeking an adjustment of Contract Price or Agreement is signed and delivered by the last of the two parties Contract Times , or both, or other relief with respect to the terms to sign and deliver. of the Contract . A demand for money or services by a third party is not a Claim . 19. ENGINEER--The individual or entity named as ' 11 . Contract--The entire and integrated written such in the Agreement. agreement between the OWNER and CONTRACTOR 20 . ENGINEER's Consultant--An individual or entity concerning the Work . The Contract supersedes prior having a contract with ENGINEER to furnish services as ' ENGINEER's independent professional associate or consultant 044572000 00700 - 5