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as
<br />GENERAL CONDITIONS
<br />10. Claim --A demand or assertion by
<br />OWNER or CONTRACTOR seeking an adjustment of
<br />Contract Price or Contract Times, or both, or other
<br />relief with respect to the terms of the Contract. A
<br />demand for money or services by a third party is not a
<br />Claim.
<br />11. Contract --The entire and integrated
<br />written agreement between the OWNER and
<br />CONTRACTOR concerning the Work. The Contract
<br />supersedes prior negotiations, representations, or
<br />agreements, whether written or oral.
<br />12. Contract Documents --The Contract
<br />Documents establish the rights and obligations of the
<br />parties and include the Agreement, Addenda (which
<br />pertain to the Contract Documents), CONTRACTOR's
<br />Bid (including documentation accompanying the Bid
<br />and any post Bid documentation submitted prior to the
<br />Notice of Award) when attached as an exhibit to the
<br />Agreement, the Notice to Proceed, the Bonds, these
<br />General Conditions, the Supplementary Conditions,
<br />the Specifications and the Drawings as the same are
<br />more specifically identified in the Agreement, together
<br />with all Written Amendments, Change Orders, Work
<br />Change Directives, Field Orders, and ENGINEER's
<br />written interpretations and clarifications issued on or
<br />after the Effective Date of the Agreement. Approved
<br />Shop Drawings and the reports and drawings of
<br />subsurface and physical conditions are not Contract
<br />Documents. Only printed or hard copies of the items
<br />listed in this paragraph are Contract Documents.
<br />Files in electronic media format of text, data, graphics,
<br />and the like that may be furnished by OWNER to
<br />CONTRACTOR are not Contract Documents.
<br />13. Contract Price --The moneys payable by
<br />OWNER to CONTRACTOR for completion of the
<br />Work in accordance with the Contract Documents as
<br />stated in the Agreement (subject to the provisions of
<br />paragraph 11.03 in the case of Unit Price Work).
<br />14. Contract Times --The number of days or
<br />the dates stated in the Agreement to: (i) achieve
<br />Substantial Completion; and (ii) complete the Work so
<br />that it is ready for final payment as evidenced by
<br />ENGINEER's written recommendation of final pay-
<br />ment.
<br />9. Change Order --A document recommend-
<br />ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR --The individual or entity
<br />r and OWNER and authorizes an addition, deletion, or with whom OWNER has entered into the Agreement.
<br />revision in the Work or an adjustment in the Contract
<br />Price or the Contract Times, issued on or after the 16. Cost of the Work --See paragraph
<br />Effective Date of the Agreement. 11.01.A for definition.
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<br />ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
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<br />1.01 Defined Terms
<br />A. Wherever used in the Contract Documents
<br />and printed with initial or all capital letters, the terms
<br />listed below will have the meanings indicated which
<br />are applicable to both the singular and plural thereof.
<br />1. Addenda—Written or graphic instruments
<br />issued prior to the opening of Bids which clarify,
<br />•
<br />correct, or change the Bidding Requirements or the
<br />Contract Documents.
<br />2. Agreement --The written instrument which
<br />No
<br />is evidence of the agreement between OWNER and
<br />CONTRACTOR covering the Work.
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<br />3. Application for Payment --The form
<br />acceptable to ENGINEER which is to be used by
<br />CONTRACTOR during the course of the Work in
<br />requesting progress or final payments and which is to
<br />be accompanied by such supporting documentation
<br />as is required by the Contract Documents.
<br />w
<br />4. Asbestos --Any material that contains
<br />more than one percent asbestos and is friable or is
<br />releasing asbestos fibers into the air above current
<br />action levels established by the United States
<br />Occupational Safety and Health Administration.
<br />5. Bid—The offer or proposal of a bidder
<br />.e
<br />submitted on the prescribed form setting forth the
<br />prices for the Work to be performed.
<br />6. Bidding Documents --The Bidding
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<br />Requirements and the proposed Contract Documents
<br />(including all Addenda issued prior to receipt of Bids).
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<br />7. Bidding Requirements—The
<br />Advertisement or Invitation to Bid, Instructions to
<br />Bidders, Bid security form, if any, and the Bid form
<br />with any supplements.
<br />8. Bonds --Performance and payment bonds
<br />and other instruments of security.
<br />•
<br />10. Claim --A demand or assertion by
<br />OWNER or CONTRACTOR seeking an adjustment of
<br />Contract Price or Contract Times, or both, or other
<br />relief with respect to the terms of the Contract. A
<br />demand for money or services by a third party is not a
<br />Claim.
<br />11. Contract --The entire and integrated
<br />written agreement between the OWNER and
<br />CONTRACTOR concerning the Work. The Contract
<br />supersedes prior negotiations, representations, or
<br />agreements, whether written or oral.
<br />12. Contract Documents --The Contract
<br />Documents establish the rights and obligations of the
<br />parties and include the Agreement, Addenda (which
<br />pertain to the Contract Documents), CONTRACTOR's
<br />Bid (including documentation accompanying the Bid
<br />and any post Bid documentation submitted prior to the
<br />Notice of Award) when attached as an exhibit to the
<br />Agreement, the Notice to Proceed, the Bonds, these
<br />General Conditions, the Supplementary Conditions,
<br />the Specifications and the Drawings as the same are
<br />more specifically identified in the Agreement, together
<br />with all Written Amendments, Change Orders, Work
<br />Change Directives, Field Orders, and ENGINEER's
<br />written interpretations and clarifications issued on or
<br />after the Effective Date of the Agreement. Approved
<br />Shop Drawings and the reports and drawings of
<br />subsurface and physical conditions are not Contract
<br />Documents. Only printed or hard copies of the items
<br />listed in this paragraph are Contract Documents.
<br />Files in electronic media format of text, data, graphics,
<br />and the like that may be furnished by OWNER to
<br />CONTRACTOR are not Contract Documents.
<br />13. Contract Price --The moneys payable by
<br />OWNER to CONTRACTOR for completion of the
<br />Work in accordance with the Contract Documents as
<br />stated in the Agreement (subject to the provisions of
<br />paragraph 11.03 in the case of Unit Price Work).
<br />14. Contract Times --The number of days or
<br />the dates stated in the Agreement to: (i) achieve
<br />Substantial Completion; and (ii) complete the Work so
<br />that it is ready for final payment as evidenced by
<br />ENGINEER's written recommendation of final pay-
<br />ment.
<br />9. Change Order --A document recommend-
<br />ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR --The individual or entity
<br />r and OWNER and authorizes an addition, deletion, or with whom OWNER has entered into the Agreement.
<br />revision in the Work or an adjustment in the Contract
<br />Price or the Contract Times, issued on or after the 16. Cost of the Work --See paragraph
<br />Effective Date of the Agreement. 11.01.A for definition.
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