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GENERAL CONDITIONS <br /> ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 12. Contract Documents—The Contract Documents <br /> establish the rights and obligations of the parties and include <br /> the Agreement, Addenda (which pertain to the Contract Docu- <br /> 1 .01 Defined Terms ments), CONTRACTOR's Bid (including documentation <br /> accompanying the Bid and any post Bid documentation <br /> A. Wherever used in the Contract Documents and submitted prior to the Notice of Award) when attached as an <br /> printed with initial or all capital letters, the terms listed below will exhibit to the Agreement, the Notice to Proceed, the Bonds, <br /> have the meanings indicated which are applicable to both the these General Conditions, the Supplementary Conditions, the <br /> singular and plural thereof. Specifications and the Drawings as the same are more <br /> specifically identified in the Agreement, together with all Written <br /> 1 . Addenda—Written or graphic instruments issued Amendments, Change Orders, Work Change Directives, Field <br /> prior to the opening of Bids which clarify, correct, or change the Orders, and ENGINEER's written interpretations and <br /> Bidding Requirements or the Contract Documents. clarifications issued on or after the Effective Date of the Agree- <br /> ment. Approved Shop Drawings and the reports and drawings <br /> 2. Agreement--The written instrument which is of subsurface and physical conditions are not Contract <br /> evidence of the agreement between OWNER and Documents. Only printed or hard copies of the items listed in <br /> CONTRACTOR covering the Work. this paragraph are Contract Documents. Files in electronic <br /> media format of text, data, graphics, and the like that may be <br /> 3. Application for Payment--The form acceptable to furnished by OWNER to CONTRACTOR are not Contract <br /> ENGINEER which is to be used by CONTRACTOR during the Documents. <br /> course of the Work in requesting progress or final payments and <br /> which is to be accompanied by such supporting documentation 13 . Contract Price--The moneys payable by OWNER <br /> as is required by the Contract Documents. to CONTRACTOR for completion of the Work in accordance <br /> with the Contract Documents as stated in the Agreement <br /> 4. Asbestos--Any material that contains more than (subject to the provisions of paragraph 11 .03 in the case of Unit <br /> one percent asbestos and is friable or is releasing asbestos Price Work), <br /> fibers into the air above current action levels established by the <br /> United States Occupational Safety and Health Administration. 14. Contract Times--The number of days or the <br /> dates stated in the Agreement to: (i) achieve Substantial <br /> 5. Bid—The offer or proposal of a bidder submitted Completion ; and (ii) complete the Work so that it is ready for <br /> on the prescribed form setting forth the prices for the Work to be final payment as evidenced by ENGINEER's written <br /> performed. recommendation of final payment. <br /> 6. Bidding Documents--The Bidding Requirements 15. CONTRACTOR—The individual or entity with <br /> and the proposed Contract Documents (including all Addenda whom OWNER has entered into the Agreement. <br /> issued prior to receipt of Bids). <br /> 16. Cost of the Work--See paragraph 11 .01 .A for <br /> 7. Bidding Requirements—The Advertisement or definition. <br /> Invitation to Bid, Instructions to Bidders, Bid security form, if any, <br /> and the Bid form with any supplements. 17. Drawings—That part of the Contract Documents <br /> prepared or approved by ENGINEER which graphically shows <br /> 8. Bonds--Performance and payment bonds and the scope, extent, and character of the Work to be performed by <br /> other instruments of security. CONTRACTOR. Shop Drawings and other CONTRACTOR <br /> submittals are not Drawings as so defined. <br /> 9. Change Order—A document recommended by <br /> ENGINEER which is signed by CONTRACTOR and OWNER 18. Effective Date of the Agreement--The date <br /> and authorizes an addition, deletion, or revision in the Work or indicated in the Agreement on which it becomes effective, but if <br /> an adjustment in the Contract Price or the Contract Times, no such date is indicated , it means the date on which the <br /> issued on or after the Effective Date of the Agreement. Agreement is signed and delivered by the last of the two parties <br /> to sign and deliver. <br /> 10. Claim—A demand or assertion by OWNER or <br /> CONTRACTOR seeking an adjustment of Contract Price or 19. ENGINEER--The individual or entity named as <br /> Contract Times, or both, or other relief with respect to the terms such in the Agreement. <br /> of the Contract. A demand for money or services by a third <br /> party is not a Claim. 20. ENGINEER's Consultant--An individual or entity <br /> having a contract with ENGINEER to furnish services as <br /> 11 . Contract—The entire and integrated written ENGINEER's independent professional associate or consultant <br /> agreement between the OWNER and CONTRACTOR with respect to the Project and who is identified as such in the <br /> concerning the Work. The Contract supersedes prior Supplementary Conditions. <br /> negotiations, representations, or agreements, whether written or <br /> oral . 21 . Field Order—A written order issued by ENGI- <br /> NEER which requires minor changes in the Work but which <br /> 00700 General Conditions (E]CDC).doc <br /> 00700 - 5 <br /> 1?07-029 121nch W M - Vem lake Estate DocumentsV eponoSidding Comma SpmificatiowW700 Gmad Conditions (EICDC).doc <br />