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GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Docu- 1 . 01 Defined Terms(tc W "1 . 01 Defined Terms7 ments), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation A. Wherever used in the Contract Documents and submitted prior to the Notice of Award ) when attached as an printed with initial or all capital letters, the terms listed below will exhibit to the Agreement, the Notice to Proceed , the Bonds, have the meanings indicated which are applicable to both the these General Conditions, the Supplementary Conditions, the singular and plural thereof. Specifications and the Drawings as the same are more specifically Identified in the Agreement, together with all Written 1 . Addenda—Written or graphic instruments issued Amendments , Change Orders , Work Change Directives, Field prior to the opening of Bids which clarify, correct, or change the Orders, and ENGINEER's written interpretations and Bidding Requirements or the Contract Documents . clarifications issued on or after the Effective Date of the Agree- ment. Approved Shop Drawings and the reports and drawings 2. Agreement--The written instrument which is of subsurface and physical conditions are not Contract evidence of the agreement between OWNER and Documents. Only printed or hard copies of the items listed in CONTRACTOR covering the Work. this paragraph are Contract Documents . Files in electronic media format of text, data , graphics, and the like that may be 3. Application for Payment—The form acceptable to fumished by OWNER to CONTRACTOR are not Contract ENGINEER which is to be used by CONTRACTOR during the Documents, course of the Work in requesting progress or final payments and which is to be accompanied by such supporting 13. Contract Price—The moneys payable by OWNER documentation as is required by the Contract Documents . to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement 4. Asbestos--Any material that contains more than (subject to the provisions of paragraph 11 .03 in the case of Unit one percent asbestos and Is friable or Is releasing asbestos Price Work). fibers into the air above current action levels established by the United States Occupational Safety and Health Administration . 14. Contract Times--The number of days or the dates stated in the Agreement to: (i ) achieve Substantial 5. Bid—The offer or proposal of a bidder submitted Completion ; and (ii ) complete the Work so that it is ready for on the prescribed form setting forth the prices for the Work to be final payment as evidenced by ENGINEER's written performed. recommendation of final payment. 6. Bidding Documents—The Bidding Requirements 15. CONTRACTOR--The individual or entity with and the proposed Contract Documents (including all Addenda whom OWNER has entered into the Agreement. issued prior to receipt of Bids). 16. Cost of the Work--See paragraph 11 . 01 .A for 7. Bidding Requirements--The Advertisement or definition. Invitation to Bid , Instructions to Bidders , Bid security form, if any, and the Bid form with any supplements. 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows 8. Bonds--Performance and payment bonds and the scope, extent, and character of the Work to be performed by other instruments of security. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 9. Change Order—A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER 18. Effective Date of the Agreement—The date and authorizes an addition, deletion , or revision in the Work or indicated in the Agreement on which it becomes effective, but if an adjustment in the Contract Price or the Contract Times , no such date is indicated , it means the date on which the issued on or after the Effective Date of the Agreement. Agreement is signed and delivered by the last of the two parties to sign and deliver. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or 19. ENGINEER--The individual or entity named as Contract Times , or both, or other relief with respect to the terms such in the Agreement. of the Contract. A demand for money or services by a third party is not a Claim . 20. ENGINEER's Consultant--An Individual or entity having a contract with ENGINEER to furnish services as 11 . Contract--The entire and integrated written ENGINEER's independent professional associate or consultant agreement between the OWNER and CONTRACTOR with respect to the Project and who is identified as such in the concerning the Work. The Contract supersedes prior Supplementary Conditions. negotiations , representations , or agreements , whether written or oral . 21 . Field Order—A written order issued by ENGI- NEER which requires minor changes in the Work but which 00700 - General Conditions (EJCDC) 00700 - 5 F: \Utilities\UTILITY - ENGINEERING\Proicas - Utility Construction Permits\IRC - Labor Contract RE-BID for 2005-2004\BID DOCUMENTS - USE ONLY FOR THIS PROJECT\BID DOCUMENTS\00700 - General Conditions (E1CDC) . doe Rev, 05101