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1 ' GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, 1 .01 Defined Terms these General Conditions , the Supplementary Conditions, the ' Specifications and the Drawings as the same are more A. Wherever used in the Contract Documents and specifically identified in the Agreement, together with all Written printed with initial or all capital letters, the terms listed below will Amendments, Change Orders, Work Change Directives , Field have the meanings indicated which are applicable to both the Orders, and ENGINEER's written interpretations and ' singular and plural thereof. clarifications issued on or after the Effective Date of the Agree- ment. Approved Shop Drawings and the reports and drawings 1 . Addenda-Written or graphic instruments issued of subsurface and physical conditions are not Contract prior to the opening of Bids which clarify, correct, or change the Documents. Only printed or hard copies of the items listed in Bidding Requirements or the Contract Documents. this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be 2. Agreement The written instrument which is furnished by OWNER to CONTRACTOR are not Contract evidence of the agreement between OWNER and Documents. CONTRACTOR covering the Work. ' 13. Contract Puke-The moneys payable by OWNER 3. Application for Payment The form acceptable to to CONTRACTOR for completion of the Work in accordance ENGINEER which is to be used by CONTRACTOR during the with the Contract Documents as stated in the Agreement course of the Work in requesting progress or final payments (subject to the provisions of paragraph 11 .03 in the case of Unit and which is to be accompanied by such supporting Price Work). documentation as is required by the Contract Documents. 14. Contract Times-The number of days or the 4. Asbestos-Any material that contains more than dates stated in the Agreement to: (i) achieve Substantial one percent asbestos and is friable or is releasing asbestos Completion; and (ii) complete the Work so that it is ready for fibers into the air above current action levels established by the final payment as evidenced by ENGINEER's written United States Occupational Safety and Health Administration. recommendation of final payment. 5. Bid-The offer or proposal of a bidder submitted 15. CONTRACTOR The individual or entity with on the prescribed form setting forth the prices for the Work to be whom OWNER has entered into the Agreement. perforated. 16. Cost of the Work-See paragraph 11 . 01 .A for 6. Bidding Documents-The Bidding Requirements definition. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 17. Drawings That part of the Contract Documents prepared or approved by ENGINEER which graphically shows ' 7. Bidding Requirements-The Advertisement or the scope, extent, and character of the Work to be performed by Invitation to Bid, Instructions to Bidders , Bid security form, if CONTRACTOR. Shop Drawings and other CONTRACTOR any, and the Bid form with any supplements . submittals are not Drawings as so defined. 8. Bonds-Performance and payment bonds and 18. Effective Date of the Agreement The date other instruments of security. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the 9. Change OrderA document recommended by Agreement is signed and delivered by the last of the two parties ENGINEER which is signed by CONTRACTOR and OWNER to sign and deliver. ' and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times , 19. ENGINEER The individual or entity named as issued on or after the Effective Date of the Agreement. such in the Agreement. 10. Claim-A demand or assertion by OWNER or 20. ENGINEER's Consultant-An individual or entity CONTRACTOR seeking an adjustment of Contract Price or having a contract with ENGINEER to furnish services as Contract Times, or both, or other relief with respect to the terms ENGINEER's independent professional associate or consultant of the Contract A demand for money or services by a third with respect to the Project and who is identified as such in the party is not a Claim. Supplementary Conditions. 11 . Contract-The entire and integrated written 21 . Field Order-A written order issued by ENGI- agreement between the OWNER and CONTRACTOR NEER which requires minor changes in the Work but which ' concerning the Work. The Contract supersedes prior does not involve a change in the Contract Price or the Contract negotiations, representations , or agreements, whether written or Times . oral 22. General Requirements-Sections of Division 1 of 1 12. Contract Documents-The Contract Documents the Specifications. The General Requirements pertain to all establish the rights and obligations of the parties and include the sections of the Specifications. Agreement, Addenda (which pertain to the Contract Docu- ments), CONTRACTOR's Bid (including documentation 6706-38392\8/20/03 00700-5 VRB