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GENERAL CONDITIONS <br />ARTICLE 1 - DEFINITIONS AND TERMINOLOGY <br />1.01 Defined Terms <br />A. Wherever used in the Contract Documents and <br />printed with initial or all capital letters, the terms listed below will <br />have the meanings indicated which are applicable to both the <br />singular and plural thereof. <br />1. Addenda—Written or graphic instruments issued <br />prior to the opening of Bids which clarify, correct, or change the <br />Bidding Requirements or the Contract Documents. <br />2. Agreement --The written instrument which is <br />evidence of the agreement between OWNER and <br />CONTRACTOR covering the Work. <br />3. Application for Payment --The form acceptable to <br />ENGINEER which is to be used by CONTRACTOR during the <br />course of the Work in requesting progress or final payments and <br />which is to be accompanied by such supporting documentation <br />as is required by the Contract Documents. <br />4. Asbestos --Any material that contains more than <br />one percent asbestos and is friable or is releasing asbestos <br />fibers into the air above current action levels established by the <br />United States Occupational Safety and Health Administration. <br />5. Bid—The offer or proposal of a bidder submitted <br />on the prescribed form setting forth the prices for the Work to be <br />performed. <br />6. Bidding Documents --The Bidding Requirements <br />and the proposed Contract Documents (including all Addenda <br />issued prior to receipt of Bids). <br />7. Bidding Requirements—The Advertisement or <br />Invitation to Bid, Instructions to Bidders, Bid security form, if any, <br />and the Bid form with any supplements. <br />8. Bonds --Performance and payment bonds and <br />other instruments of security. <br />9. Change Order—A document recommended by <br />ENGINEER which is signed by CONTRACTOR and OWNER <br />and authorizes an addition, deletion, or revision in the Work or <br />an adjustment in the Contract Price or the Contract Times, <br />issued on or after the Effective Date of the Agreement. <br />10. Claim—A demand or assertion by OWNER or <br />CONTRACTOR seeking an adjustment of Contract Price or <br />Contract Times, or both, or other relief with respect to the terms <br />of the Contract. A demand for money or services by a third <br />party is not a Claim. <br />11. Contract—The entire and integrated written <br />agreement between the OWNER and CONTRACTOR <br />concerning the Work. The Contract supersedes prior <br />negotiations, representations, or agreements, whether written or <br />oral. <br />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 />ments), CONTRACTOR's Bid (including documentation <br />accompanying the Bid and any post Bid documentation <br />submitted prior to the Notice of Award) when attached as an <br />exhibit to the Agreement, the Notice to Proceed, the Bonds, <br />these General Conditions, the Supplementary Conditions, the <br />Specifications and the Drawings as the same are more <br />specifically identified in the Agreement, together with all Written <br />Amendments, Change Orders, Work Change Directives, Field <br />Orders, and ENGINEER's written interpretations and <br />clarifications issued on or after the Effective Date of the Agree- <br />ment. Approved Shop Drawings and the reports and drawings <br />of subsurface and physical conditions are not Contract <br />Documents. Only printed or hard copies of the items listed in <br />this paragraph are Contract Documents. Files in electronic <br />media format of text, data, graphics, and the like that may be <br />furnished by OWNER to CONTRACTOR are not Contract <br />Documents. <br />13. Contract Price --The moneys payable by OWNER <br />to CONTRACTOR for completion of the Work in accordance <br />with the Contract Documents as stated in the Agreement <br />(subject to the provisions of paragraph 11.03 in the case of Unit <br />Price Work), <br />14. Contract Times --The number of days or the <br />dates stated in the Agreement to: (i) achieve Substantial <br />Completion; and (ii) complete the Work so that it is ready for <br />final payment as evidenced by ENGINEER's written <br />recommendation of final payment. <br />15. CONTRACTOR—The individual or entity with <br />whom OWNER has entered into the Agreement. <br />16. Cost of the Work --See paragraph 11.01.A for <br />definition. <br />17. Drawings—That part of the Contract Documents <br />prepared or approved by ENGINEER which graphically shows <br />the scope, extent, and character of the Work to be performed by <br />CONTRACTOR. Shop Drawings and other CONTRACTOR <br />submittals are not Drawings as so defined. <br />18. Effective Date of the Agreement --The date <br />indicated in the Agreement on which it becomes effective, but if <br />no such date is indicated, it means the date on which the <br />Agreement is signed and delivered by the last of the two parties <br />to sign and deliver. <br />19. ENGINEER --The individual or entity named as <br />such in the Agreement. <br />20. ENGINEER's Consultant --An individual or entity <br />having a contract with ENGINEER to furnish services as <br />ENGINEER's independent professional associate or consultant <br />with respect to the Project and who is identified as such in the <br />Supplementary Conditions. <br />00700 General Conditions (E]CDC).doc <br />00700-5 <br />1?07-029 121nch W M - Vem rake Estate DocumentsV eponsSidding Contma SpmlficatiowW700 Gmad Conditions (EICDC).doc <br />21. <br />Field Order—A <br />written <br />order issued <br />by <br />ENGI- <br />NEER <br />which <br />requires minor <br />changes <br />in the Work <br />but <br />which <br />00700 General Conditions (E]CDC).doc <br />00700-5 <br />1?07-029 121nch W M - Vem rake Estate DocumentsV eponsSidding Contma SpmlficatiowW700 Gmad Conditions (EICDC).doc <br />