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• GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Agreement, Addenda (which pertain to the Contract Docu- ments ), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation 1 . 01 Defined Terms submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed , the Bonds, A. Wherever used in the Contract Documents and these General Conditions, the Supplementary Conditions, the printed with initial or all capital letters , the terms listed below will Specifications and the Drawings as the same are more have the meanings indicated which are applicable to both the specifically identified in the Agreement, together with all Written singular and plural thereof. Amendments, Change Orders , Work Change Directives, Field Orders, and ENGINEER's written interpretations and 1 . Addenda—Written or graphic instruments issued clarifications issued on or after the Effective Date of the Agree- prior to the opening of Bids which clarify, correct, or change the ment. Approved Shop Drawings and the reports and drawings Bidding Requirements or the Contract Documents. of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in 2. Agreement—The written instrument which is this paragraph are Contract Documents. Files in electronic evidence of the agreement between OWNER and . media format of text, data, graphics, and the like that may be CONTRACTOR covering the Work. furnished by OWNER to CONTRACTOR are not Contract Documents. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the 13. Contract Price—The moneys payable by OWNER course of the Work in requesting progress or final payments to CONTRACTOR for completion of the Work in accordance and which is to be accompanied by such supporting with the Contract Documents as stated in the Agreement documentation as is required by the Contract Documents. (subject to the provisions of paragraph 11 .03 in the case of Unit Price Work), 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos 14. Contract Times—The number of days or the fibers into the air above current action levels established by the dates stated in the Agreement to: (i) achieve Substantial United States Occupational Safety and Health Administration. Completion; and (ii) complete the Work so that it is ready for • final payment as evidenced by ENGINEER's written 5. Bid—The offer or proposal of a bidder submitted recommendation of final payment. on the prescribed form setting forth the prices for the Work to be performed. 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda 16. Cost of the Work—See paragraph 11 .01 .A for issued prior to receipt of Bids). definition . 7. Bidding Requirements—The Advertisement or 17. Drawings—That part of the Contract Documents Invitation to Bid, Instructions to Bidders, Bid security form, if prepared or approved by ENGINEER which graphically shows any, and the Bid form with any supplements . the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR 8. Bonds—Performance and payment bonds and submittals are not Drawings as so defined . other instruments of security. 18. Effective Date of the Agreement—The date 9. Change Order—A document recommended by indicated in the Agreement on which it becomes effective, but if ENGINEER which is signed by CONTRACTOR and OWNER no such date is indicated, it means the date on which the and authorizes an addition, deletion, or revision in the Work or Agreement is signed and delivered by the last of the two parties an adjustment in the Contract Price or the Contract Times, to sign and deliver. issued on or after the Effective Date of the Agreement. 19. ENGINEER—The individual or entity named as 10. Claim—A demand or assertion by OWNER or such in the Agreement. CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms 20. ENGINEER's Consultant—An individual or entity of the Contract. A demand for money or services by a third having a contract with ENGINEER to furnish services as party is not a Claim. ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the 11 . Contract—The entire and integrated written Supplementary Conditions, agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 21 . Field Order—A written order issued by ENGI- • negotiations, representations, or agreements, whether written or NEER which requires minor changes in the Work but which oral. does not involve a change in the Contract Price or the Contract Times . 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the 00700 - General Conditions (EJCDC) 00700 - 5 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment ProjectsMest Side Subdivision - UCP#2177\Bid docs\specs\00700 - General Conditions (EJCDC).doc Rev. 05101